[106th Congress Public Law 390]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ390.106]
[[Page 1551]]
DISASTER MITIGATION ACT OF 2000
[[Page 114 STAT. 1552]]
Public Law 106-390
106th Congress
An Act
To amend the Robert T. Stafford Disaster <<NOTE: Oct. 30, 2000 - [H.R.
707]>> Relief and Emergency Assistance Act to authorize a program for
predisaster mitigation, to streamline the administration of disaster
relief, to control the Federal costs of disaster assistance, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Disaster Mitigation Act of
2000.>> Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 42 USC 5121 note.>> Act may be cited
as the ``Disaster Mitigation Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PREDISASTER HAZARD MITIGATION
Sec. 101. Findings and purpose.
Sec. 102. Predisaster hazard mitigation.
Sec. 103. Interagency task force.
Sec. 104. Mitigation planning; minimum standards for public and private
structures.
TITLE II--STREAMLINING AND COST REDUCTION
Sec. 201. Technical amendments.
Sec. 202. Management costs.
Sec. 203. Public notice, comment, and consultation requirements.
Sec. 204. State administration of hazard mitigation grant program.
Sec. 205. Assistance to repair, restore, reconstruct, or replace damaged
facilities.
Sec. 206. Federal assistance to individuals and households.
Sec. 207. Community disaster loans.
Sec. 208. Report on State management of small disasters initiative.
Sec. 209. Study regarding cost reduction.
TITLE III--MISCELLANEOUS
Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Fire management assistance.
Sec. 304. Disaster grant closeout procedures.
Sec. 305. Public safety officer benefits for certain Federal and State
employees.
Sec. 306. Buy American.
Sec. 307. Treatment of certain real property.
Sec. 308. Study of participation by Indian tribes in emergency
management.
TITLE I--PREDISASTER HAZARD MITIGATION
SEC. 101. <<NOTE: 42 USC 5133 note.>> FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
[[Page 114 STAT. 1553]]
(1) natural disasters, including earthquakes, tsunamis,
tornadoes, hurricanes, flooding, and wildfires, pose great
danger to human life and to property throughout the United
States;
(2) greater emphasis needs to be placed on--
(A) identifying and assessing the risks to States
and local governments (including Indian tribes) from
natural disasters;
(B) implementing adequate measures to reduce losses
from natural disasters; and
(C) ensuring that the critical services and
facilities of communities will continue to function
after a natural disaster;
(3) expenditures for postdisaster assistance are increasing
without commensurate reductions in the likelihood of future
losses from natural disasters;
(4) in the expenditure of Federal funds under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), high priority should be given to mitigation of
hazards at the local level; and
(5) with a unified effort of economic incentives, awareness
and education, technical assistance, and demonstrated Federal
support, States and local governments (including Indian tribes)
will be able to--
(A) form effective community-based partnerships for
hazard mitigation purposes;
(B) implement effective hazard mitigation measures
that reduce the potential damage from natural disasters;
(C) ensure continued functionality of critical
services;
(D) leverage additional non-Federal resources in
meeting natural disaster resistance goals; and
(E) make commitments to long-term hazard mitigation
efforts to be applied to new and existing structures.
(b) Purpose.--The purpose of this title is to establish a national
disaster hazard mitigation program--
(1) to reduce the loss of life and property, human
suffering, economic disruption, and disaster assistance costs
resulting from natural disasters; and
(2) to provide a source of predisaster hazard mitigation
funding that will assist States and local governments (including
Indian tribes) in implementing effective hazard mitigation
measures that are designed to ensure the continued functionality
of critical services and facilities after a natural disaster.
SEC. 102. PREDISASTER HAZARD MITIGATION.
(a) In General.--Title II of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by
adding at the end the following:
``SEC. 203. PREDISASTER HAZARD MITIGATION.
``(a) Definition of <<NOTE: President. 42 USC 5133.>> Small
Impoverished Community.--In this section, the term `small impoverished
community' means a community of 3,000 or fewer individuals that is
economically disadvantaged, as determined by the State in which the
community is located and based on criteria established by the President.
``(b) Establishment of Program.--The President may establish a
program to provide technical and financial assistance to States and
local governments to assist in the implementation of
[[Page 114 STAT. 1554]]
predisaster hazard mitigation measures that are cost-effective and are
designed to reduce injuries, loss of life, and damage and destruction of
property, including damage to critical services and facilities under the
jurisdiction of the States or local governments.
``(c) Approval by President.--If the President determines that a
State or local government has identified natural disaster hazards in
areas under its jurisdiction and has demonstrated the ability to form
effective public-private natural disaster hazard mitigation
partnerships, the President, using amounts in the National Predisaster
Mitigation Fund established under subsection (i) (referred to in this
section as the `Fund'), may provide technical and financial assistance
to the State or local government to be used in accordance with
subsection (e).
``(d) State Recommendations.--
``(1) In general.--
``(A) Recommendations.--The Governor of each State
may recommend to the President not fewer than five local
governments to receive assistance under this section.
``(B) Deadline for submission.--The recommendations
under subparagraph (A) shall be submitted to the
President not later than October 1, 2001, and each
October 1st thereafter or such later date in the year as
the President may establish.
``(C) Criteria.--In making recommendations under
subparagraph (A), a Governor shall consider the criteria
specified in subsection (g).
``(2) Use.--
``(A) In <<NOTE: President.>> general.--Except as
provided in subparagraph (B), in providing assistance to
local governments under this section, the President
shall select from local governments recommended by the
Governors under this subsection.
``(B) Extraordinary circumstances.--In providing
assistance to local governments under this section, the
President may select a local government that has not
been recommended by a Governor under this subsection if
the President determines that extraordinary
circumstances justify the selection and that making the
selection will further the purpose of this section.
``(3) Effect of failure to nominate.--If a Governor of a
State fails to submit recommendations under this subsection in a
timely manner, the President may select, subject to the criteria
specified in subsection (g), any local governments of the State
to receive assistance under this section.
``(e) Uses of Technical and Financial Assistance.--
``(1) In general.--Technical and financial assistance
provided under this section--
``(A) shall be used by States and local governments
principally to implement predisaster hazard mitigation
measures that are cost-effective and are described in
proposals approved by the President under this section;
and
``(B) may be used--
``(i) to support effective public-private
natural disaster hazard mitigation partnerships;
``(ii) to improve the assessment of a
community's vulnerability to natural hazards; or
[[Page 114 STAT. 1555]]
``(iii) to establish hazard mitigation
priorities, and an appropriate hazard mitigation
plan, for a community.
``(2) Dissemination.--A State or local government may use
not more than 10 percent of the financial assistance received by
the State or local government under this section for a fiscal
year to fund activities to disseminate information regarding
cost-effective mitigation technologies.
``(f ) Allocation of Funds.--The amount of financial assistance made
available to a State (including amounts made available to local
governments of the State) under this section for a fiscal year--
``(1) shall be not less than the lesser of--
``(A) $500,000; or
``(B) the amount that is equal to 1.0 percent of the
total funds appropriated to carry out this section for
the fiscal year;
``(2) shall not exceed 15 percent of the total funds
described in paragraph (1)(B); and
``(3) shall be subject to the criteria specified in
subsection (g).
``(g) Criteria for Assistance Awards.--In determining whether to
provide technical and financial assistance to a State or local
government under this section, the President shall take into account--
``(1) the extent and nature of the hazards to be mitigated;
``(2) the degree of commitment of the State or local
government to reduce damages from future natural disasters;
``(3) the degree of commitment by the State or local
government to support ongoing non-Federal support for the hazard
mitigation measures to be carried out using the technical and
financial assistance;
``(4) the extent to which the hazard mitigation measures to
be carried out using the technical and financial assistance
contribute to the mitigation goals and priorities established by
the State;
``(5) the extent to which the technical and financial
assistance is consistent with other assistance provided under
this Act;
``(6) the extent to which prioritized, cost-effective
mitigation activities that produce meaningful and definable
outcomes are clearly identified;
``(7) if the State or local government has submitted a
mitigation plan under section 322, the extent to which the
activities identified under paragraph (6) are consistent with
the mitigation plan;
``(8) the opportunity to fund activities that maximize net
benefits to society;
``(9) the extent to which assistance will fund mitigation
activities in small impoverished communities; and
``(10) <<NOTE: President.>> such other criteria as the
President establishes in consultation with State and local
governments.
``(h) Federal Share.--
``(1) In general.--Financial assistance provided under this
section may contribute up to 75 percent of the total cost of
mitigation activities approved by the President.
[[Page 114 STAT. 1556]]
``(2) Small impoverished communities.--Notwithstanding
paragraph (1), the President may contribute up to 90 percent of
the total cost of a mitigation activity carried out in a small
impoverished community.
``(i) National Predisaster Mitigation Fund.--
``(1) Establishment.--The President may establish in the
Treasury of the United States a fund to be known as the
`National Predisaster Mitigation Fund', to be used in carrying
out this section.
``(2) Transfers to fund.--There shall be deposited in the
Fund--
``(A) amounts appropriated to carry out this
section, which shall remain available until expended;
and
``(B) sums available from gifts, bequests, or
donations of services or property received by the
President for the purpose of predisaster hazard
mitigation.
``(3) Expenditures from fund.--Upon request by the
President, the Secretary of the Treasury shall transfer from the
Fund to the President such amounts as the President determines
are necessary to provide technical and financial assistance
under this section.
``(4) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals. Investments may be made only
in interest-bearing obligations of the United States.
``(B) Acquisition of obligations.--For the purpose
of investments under subparagraph (A), obligations may
be acquired--
``(i) on original issue at the issue price; or
``(ii) by purchase of outstanding obligations
at the market price.
``(C) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the Treasury
at the market price.
``(D) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any obligations
held in the Fund shall be credited to and form a part of
the Fund.
``(E) Transfers of amounts.--
``(i) In general.--The amounts required to be
transferred to the Fund under this subsection
shall be transferred at least monthly from the
general fund of the Treasury to the Fund on the
basis of estimates made by the Secretary of the
Treasury.
``(ii) Adjustments.--Proper adjustment shall
be made in amounts subsequently transferred to the
extent prior estimates were in excess of or less
than the amounts required to be transferred.
``( j) Limitation on Total Amount of Financial Assistance.--The
President shall not provide financial assistance under this section in
an amount greater than the amount available in the Fund.
``(k) Multihazard Advisory Maps.--
``(1) Definition of multihazard advisory map.--In this
subsection, the term `multihazard advisory map' means a map
[[Page 114 STAT. 1557]]
on which hazard data concerning each type of natural disaster is
identified simultaneously for the purpose of showing areas of
hazard overlap.
``(2) Development of <<NOTE: President.>> maps.--In
consultation with States, local governments, and appropriate
Federal agencies, the President shall develop multihazard
advisory maps for areas, in not fewer than five States, that are
subject to commonly recurring natural hazards (including
flooding, hurricanes and severe winds, and seismic events).
``(3) Use of technology.--In developing multihazard advisory
maps under this subsection, the President shall use, to the
maximum extent practicable, the most cost-effective and
efficient technology available.
``(4) Use of maps.--
``(A) Advisory nature.--The multihazard advisory
maps shall be considered to be advisory and shall not
require the development of any new policy by, or impose
any new policy on, any government or private entity.
``(B) Availability of maps.--The multihazard
advisory maps shall be made available to the appropriate
State and local governments for the purposes of--
``(i) informing the general public about the
risks of natural hazards in the areas described in
paragraph (2);
``(ii) supporting the activities described in
subsection (e); and
``(iii) other public uses.
``(l) Report on <<NOTE: Deadline.>> Federal and State
Administration.--Not later than 18 months after the date of the
enactment of this section, the President, in consultation with State and
local governments, shall submit to Congress a report evaluating efforts
to implement this section and recommending a process for transferring
greater authority and responsibility for administering the assistance
program established under this section to capable States.
``(m) Termination of Authority.--The authority provided by this
section terminates December 31, 2003.''.
(b) Conforming Amendment.--Title II of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is
amended by striking the title heading and inserting the following:
``TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE''.
SEC. 103. INTERAGENCY TASK FORCE.
Title II of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.) (as amended by section 102(a))
is amended by adding at the end the following:
``SEC. 204. <<NOTE: 42 USC 5134.>> INTERAGENCY TASK FORCE.
``(a) In General.--The President shall establish a Federal
interagency task force for the purpose of coordinating the
implementation of predisaster hazard mitigation programs administered by
the Federal Government.
[[Page 114 STAT. 1558]]
``(b) Chairperson.--The Director of the Federal Emergency Management
Agency shall serve as the chairperson of the task force.
``(c) Membership.--The membership of the task force shall include
representatives of--
``(1) relevant Federal agencies;
``(2) State and local government organizations (including
Indian tribes); and
``(3) the American Red Cross.''.
SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC AND PRIVATE
STRUCTURES.
(a) In General.--Title III of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by
adding at the end the following:
``SEC. 322. <<NOTE: 42 USC 5165.>> MITIGATION PLANNING.
``(a) Requirement of Mitigation Plan.--As a condition of receipt of
an increased Federal share for hazard mitigation measures under
subsection (e), a State, local, or tribal government shall develop and
submit for approval to the President a mitigation plan that outlines
processes for identifying the natural hazards, risks, and
vulnerabilities of the area under the jurisdiction of the government.
``(b) Local and Tribal Plans.--Each mitigation plan developed by a
local or tribal government shall--
``(1) describe actions to mitigate hazards, risks, and
vulnerabilities identified under the plan; and
``(2) establish a strategy to implement those actions.
``(c) State Plans.--The State process of development of a mitigation
plan under this section shall--
``(1) identify the natural hazards, risks, and
vulnerabilities of areas in the State;
``(2) support development of local mitigation plans;
``(3) provide for technical assistance to local and tribal
governments for mitigation planning; and
``(4) identify and prioritize mitigation actions that the
State will support, as resources become available.
``(d) Funding.--
``(1) In general.--Federal contributions under section 404
may be used to fund the development and updating of mitigation
plans under this section.
``(2) Maximum federal contribution.--With respect to any
mitigation plan, a State, local, or tribal government may use an
amount of Federal contributions under section 404 not to exceed
7 percent of the amount of such contributions available to the
government as of a date determined by the government.
``(e) Increased Federal Share for Hazard Mitigation Measures.--
``(1) In general.--If, at the time of the declaration of a
major disaster, a State has in effect an approved mitigation
plan under this section, the President may increase to 20
percent, with respect to the major disaster, the maximum
percentage specified in the last sentence of section 404(a).
``(2) Factors for <<NOTE: President.>> consideration.--In
determining whether to increase the maximum percentage under
paragraph (1), the President shall consider whether the State
has established--
[[Page 114 STAT. 1559]]
``(A) eligibility criteria for property acquisition
and other types of mitigation measures;
``(B) requirements for cost effectiveness that are
related to the eligibility criteria;
``(C) a system of priorities that is related to the
eligibility criteria; and
``(D) a process by which an assessment of the
effectiveness of a mitigation action may be carried out
after the mitigation action is complete.
``SEC. 323. <<NOTE: 42 USC 5165a.>> MINIMUM STANDARDS FOR PUBLIC AND
PRIVATE STRUCTURES.
``(a) In General.--As a condition of receipt of a disaster loan or
grant under this Act--
``(1) the recipient shall carry out any repair or
construction to be financed with the loan or grant in accordance
with applicable standards of safety, decency, and sanitation and
in conformity with applicable codes, specifications, and
standards; and
``(2) the President may require safe land use and
construction practices, after adequate consultation with
appropriate State and local government officials.
``(b) Evidence of Compliance.--A recipient of a disaster loan or
grant under this Act shall provide such evidence of compliance with this
section as the President may require by regulation.''.
(b) Losses From Straight Line Winds.--
The <<NOTE: President.>> President shall increase the maximum percentage
specified in the last sentence of section 404(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(a)) from 15 percent to 20 percent with respect to any major
disaster that is in the State of Minnesota and for which assistance is
being provided as of the date of the enactment of this Act, except that
additional assistance provided under this subsection shall not exceed
$6,000,000. The mitigation measures assisted under this subsection shall
be related to losses in the State of Minnesota from straight line winds.
(c) Conforming Amendments.--
(1) Section 404(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended--
(A) in the second sentence, by striking ``section
409'' and inserting ``section 322''; and
(B) in the third sentence, by striking ``The total''
and inserting ``Subject to section 322, the total''.
(2) Section 409 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5176) is repealed.
TITLE II--STREAMLINING AND COST REDUCTION
SEC. 201. TECHNICAL AMENDMENTS.
Section 311 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5154) is amended in subsections (a)(1), (b),
and (c) by striking ``section 803 of the Public Works and Economic
Development Act of 1965'' each place it appears
[[Page 114 STAT. 1560]]
and inserting ``section 209(c)(2) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3149(c)(2))''.
SEC. 202. MANAGEMENT COSTS.
(a) In General.--Title III of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended by
section 104(a)) is amended by adding at the end the following:
``SEC. 324. <<NOTE: 42 USC 5165b.>> MANAGEMENT COSTS.
``(a) Definition of Management Cost.--In this section, the term
`management cost' includes any indirect cost, any administrative
expense, and any other expense not directly chargeable to a specific
project under a major disaster, emergency, or disaster preparedness or
mitigation activity or measure.
``(b) Establishment of <<NOTE: Regulations.>> Management Cost
Rates.--Notwithstanding any other provision of law (including any
administrative rule or guidance), the President shall by regulation
establish management cost rates, for grantees and subgrantees, that
shall be used to determine contributions under this Act for management
costs.
``(c) Review.--The <<NOTE: Deadline.>> President shall review the
management cost rates established under subsection (b) not later than 3
years after the date of establishment of the rates and periodically
thereafter.''.
(b) <<NOTE: 42 USC 5165b note.>> Applicability.--
(1) In general.--Subject to paragraph (2), subsections (a)
and (b) of section 324 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (as added by subsection (a)) shall
apply to major disasters declared under that Act on or after the
date of the enactment of this Act.
(2) Interim authority.--Until the date on which the
President establishes the management cost rates under section
324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (as added by subsection (a)), section 406(f ) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5172(f )) (as in effect on the day before the
date of the enactment of this Act) shall be used to establish
management cost rates.
SEC. 203. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS.
Title III of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5141 et seq.) (as amended by section 202(a))
is amended by adding at the end the following:
``SEC. 325. <<NOTE: 42 USC 5165c.>> PUBLIC NOTICE, COMMENT, AND
CONSULTATION REQUIREMENTS.
``(a) Public Notice and Comment Concerning New or Modified
Policies.--
``(1) In general.--The <<NOTE: President.>> President shall
provide for public notice and opportunity for comment before
adopting any new or modified policy that--
``(A) governs implementation of the public
assistance program administered by the Federal Emergency
Management Agency under this Act; and
``(B) could result in a significant reduction of
assistance under the program.
[[Page 114 STAT. 1561]]
``(2) Application.--Any policy adopted under paragraph (1)
shall apply only to a major disaster or emergency declared on or
after the date on which the policy is adopted.
``(b) Consultation Concerning Interim Policies.--
``(1) In general.--Before adopting any interim policy under
the public assistance program to address specific conditions
that relate to a major disaster or emergency that has been
declared under this Act, the President, to the maximum extent
practicable, shall solicit the views and recommendations of
grantees and subgrantees with respect to the major disaster or
emergency concerning the potential interim policy, if the
interim policy is likely--
``(A) to result in a significant reduction of
assistance to applicants for the assistance with respect
to the major disaster or emergency; or
``(B) to change the terms of a written agreement to
which the Federal Government is a party concerning the
declaration of the major disaster or emergency.
``(2) No legal right of action.--Nothing in this subsection
confers a legal right of action on any party.
``(c) Public <<NOTE: President.>> Access.--The President shall
promote public access to policies governing the implementation of the
public assistance program.''.
SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT PROGRAM.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(c) Program Administration by States.--
``(1) In general.--A State desiring to administer the hazard
mitigation grant program established by this section with
respect to hazard mitigation assistance in the State may submit
to the President an application for the delegation of the
authority to administer the program.
``(2) Criteria.--The President, in consultation and
coordination with States and local governments, shall establish
criteria for the approval of applications submitted under
paragraph (1). The criteria shall include, at a minimum--
``(A) the demonstrated ability of the State to
manage the grant program under this section;
``(B) there being in effect an approved mitigation
plan under section 322; and
``(C) a demonstrated commitment to mitigation
activities.
``(3) <<NOTE: President.>> Approval.--The President shall
approve an application submitted under paragraph (1) that meets
the criteria established under paragraph (2).
``(4) Withdrawal of approval.--If, after approving an
application of a State submitted under paragraph (1), the
President determines that the State is not administering the
hazard mitigation grant program established by this section in a
manner satisfactory to the President, the President shall
withdraw the approval.
``(5) <<NOTE: President.>> Audits.--The President shall
provide for periodic audits of the hazard mitigation grant
programs administered by States under this subsection.''.
[[Page 114 STAT. 1562]]
SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE DAMAGED
FACILITIES.
(a) Contributions.--Section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by
striking subsection (a) and inserting the following:
``(a) Contributions.--
``(1) In general.--The President may make contributions--
``(A) to a State or local government for the repair,
restoration, reconstruction, or replacement of a public
facility damaged or destroyed by a major disaster and
for associated expenses incurred by the government; and
``(B) subject to paragraph (3), to a person that
owns or operates a private nonprofit facility damaged or
destroyed by a major disaster for the repair,
restoration, reconstruction, or replacement of the
facility and for associated expenses incurred by the
person.
``(2) Associated expenses.--For the purposes of this
section, associated expenses shall include--
``(A) the costs of mobilizing and employing the
National Guard for performance of eligible work;
``(B) the costs of using prison labor to perform
eligible work, including wages actually paid,
transportation to a worksite, and extraordinary costs of
guards, food, and lodging; and
``(C) base and overtime wages for the employees and
extra hires of a State, local government, or person
described in paragraph (1) that perform eligible work,
plus fringe benefits on such wages to the extent that
such benefits were being paid before the major disaster.
``(3) Conditions for assistance to private nonprofit
facilities.--
``(A) In general.--The President may make
contributions to a private nonprofit facility under
paragraph (1)(B) only if--
``(i) the facility provides critical services
(as defined by the President) in the event of a
major disaster; or
``(ii) the owner or operator of the facility--
``(I) has applied for a disaster
loan under section 7(b) of the Small
Business Act (15 U.S.C. 636(b)); and
``(II)(aa) has been determined to be
ineligible for such a loan; or
``(bb) has obtained such a loan in
the maximum amount for which the Small
Business Administration determines the
facility is eligible.
``(B) Definition of critical services.--In this
paragraph, the term `critical services' includes power,
water (including water provided by an irrigation
organization or facility), sewer, wastewater treatment,
communications, and emergency medical care.
``(4) Notification to congress.--Before making any
contribution under this section in an amount greater than
$20,000,000, the President shall notify--
``(A) the Committee on Environment and Public Works
of the Senate;
[[Page 114 STAT. 1563]]
``(B) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(C) the Committee on Appropriations of the Senate;
and
``(D) the Committee on Appropriations of the House
of Representatives.''.
(b) Federal Share.--Section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by
striking subsection (b) and inserting the following:
``(b) Federal Share.--
``(1) Minimum federal share.--Except as provided in
paragraph (2), the Federal share of assistance under this
section shall be not less than 75 percent of the eligible cost
of repair, restoration, reconstruction, or replacement carried
out under this section.
``(2) <<NOTE: President. Regulations.>> Reduced federal
share.--The President shall promulgate regulations to reduce the
Federal share of assistance under this section to not less than
25 percent in the case of the repair, restoration,
reconstruction, or replacement of any eligible public facility
or private nonprofit facility following an event associated with
a major disaster--
``(A) that has been damaged, on more than one
occasion within the preceding 10-year period, by the
same type of event; and
``(B) the owner of which has failed to implement
appropriate mitigation measures to address the hazard
that caused the damage to the facility.''.
(c) Large In-Lieu Contributions.--Section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)
is amended by striking subsection (c) and inserting the following:
``(c) Large In-Lieu Contributions.--
``(1) For public facilities.--
``(A) In general.--In any case in which a State or
local government determines that the public welfare
would not best be served by repairing, restoring,
reconstructing, or replacing any public facility owned
or controlled by the State or local government, the
State or local government may elect to receive, in lieu
of a contribution under subsection (a)(1)(A), a
contribution in an amount equal to 75 percent of the
Federal share of the Federal estimate of the cost of
repairing, restoring, reconstructing, or replacing the
facility and of management expenses.
``(B) Areas with unstable soil.--In any case in
which a State or local government determines that the
public welfare would not best be served by repairing,
restoring, reconstructing, or replacing any public
facility owned or controlled by the State or local
government because soil instability in the disaster area
makes repair, restoration, reconstruction, or
replacement infeasible, the State or local government
may elect to receive, in lieu of a contribution under
subsection (a)(1)(A), a contribution in an amount equal
to 90 percent of the Federal share of the Federal
estimate of the cost of repairing, restoring,
reconstructing, or replacing the facility and of
management expenses.
``(C) Use of funds.--Funds contributed to a State or
local government under this paragraph may be used--
[[Page 114 STAT. 1564]]
``(i) to repair, restore, or expand other
selected public facilities;
``(ii) to construct new facilities; or
``(iii) to fund hazard mitigation measures
that the State or local government determines to
be necessary to meet a need for governmental
services and functions in the area affected by the
major disaster.
``(D) Limitations.--Funds made available to a State
or local government under this paragraph may not be used
for--
``(i) any public facility located in a
regulatory floodway (as defined in section 59.1 of
title 44, Code of Federal Regulations (or a
successor regulation)); or
``(ii) any uninsured public facility located
in a special flood hazard area identified by the
Director of the Federal Emergency Management
Agency under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.).
``(2) For private nonprofit facilities.--
``(A) In general.--In any case in which a person
that owns or operates a private nonprofit facility
determines that the public welfare would not best be
served by repairing, restoring, reconstructing, or
replacing the facility, the person may elect to receive,
in lieu of a contribution under subsection (a)(1)(B), a
contribution in an amount equal to 75 percent of the
Federal share of the Federal estimate of the cost of
repairing, restoring, reconstructing, or replacing the
facility and of management expenses.
``(B) Use of funds.--Funds contributed to a person
under this paragraph may be used--
``(i) to repair, restore, or expand other
selected private nonprofit facilities owned or
operated by the person;
``(ii) to construct new private nonprofit
facilities to be owned or operated by the person;
or
``(iii) to fund hazard mitigation measures
that the person determines to be necessary to meet
a need for the person's services and functions in
the area affected by the major disaster.
``(C) Limitations.--Funds made available to a person
under this paragraph may not be used for--
``(i) any private nonprofit facility located
in a regulatory floodway (as defined in section
59.1 of title 44, Code of Federal Regulations (or
a successor regulation)); or
``(ii) any uninsured private nonprofit
facility located in a special flood hazard area
identified by the Director of the Federal
Emergency Management Agency under the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.).''.
(d) Eligible Cost.--
(1) In general.--Section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is
amended by striking subsection (e) and inserting the following:
``(e) Eligible Cost.--
[[Page 114 STAT. 1565]]
``(1) Determination.--
``(A) In general.--For the purposes of this section,
the President shall estimate the eligible cost of
repairing, restoring, reconstructing, or replacing a
public facility or private nonprofit facility--
``(i) on the basis of the design of the
facility as the facility existed immediately
before the major disaster; and
``(ii) in conformity with codes,
specifications, and standards (including
floodplain management and hazard mitigation
criteria required by the President or under the
Coastal Barrier Resources Act (16 U.S.C. 3501 et
seq.)) applicable at the time at which the
disaster occurred.
``(B) Cost estimation procedures.--
``(i) In general.--Subject to paragraph (2),
the President shall use the cost estimation
procedures established under paragraph (3) to
determine the eligible cost under this subsection.
``(ii) Applicability.--The procedures
specified in this paragraph and paragraph (2)
shall apply only to projects the eligible cost of
which is equal to or greater than the amount
specified in section 422.
``(2) Modification of eligible cost.--
``(A) Actual cost greater than ceiling percentage of
estimated cost.--In any case in which the actual cost of
repairing, restoring, reconstructing, or replacing a
facility under this section is greater than the ceiling
percentage established under paragraph (3) of the cost
estimated under paragraph (1), the President may
determine that the eligible cost includes a portion of
the actual cost of the repair, restoration,
reconstruction, or replacement that exceeds the cost
estimated under paragraph (1).
``(B) Actual cost less than estimated cost.--
``(i) Greater than or equal to floor
percentage of estimated cost.--In any case in
which the actual cost of repairing, restoring,
reconstructing, or replacing a facility under this
section is less than 100 percent of the cost
estimated under paragraph (1), but is greater than
or equal to the floor percentage established under
paragraph (3) of the cost estimated under
paragraph (1), the State or local government or
person receiving funds under this section shall
use the excess funds to carry out cost-effective
activities that reduce the risk of future damage,
hardship, or suffering from a major disaster.
``(ii) Less than floor percentage of estimated
cost.--In any case in which the actual cost of
repairing, restoring, reconstructing, or replacing
a facility under this section is less than the
floor percentage established under paragraph (3)
of the cost estimated under paragraph (1), the
State or local government or person receiving
assistance under this section shall reimburse the
President in the amount of the difference.
``(C) No effect on appeals process.--Nothing in this
paragraph affects any right of appeal under section 423.
[[Page 114 STAT. 1566]]
``(3) Expert panel.--
``(A) Establishment.--Not later than 18 months after
the date of the enactment of this paragraph, the
President, acting through the Director of the Federal
Emergency Management Agency, shall establish an expert
panel, which shall include representatives from the
construction industry and State and local government.
``(B) Duties.--The expert panel shall develop
recommendations concerning--
``(i) procedures for estimating the cost of
repairing, restoring, reconstructing, or replacing
a facility consistent with industry practices; and
``(ii) the ceiling and floor percentages
referred to in paragraph (2).
``(C) <<NOTE: President.>> Regulations.--Taking
into account the recommendations of the expert panel
under subparagraph (B), the President shall promulgate
regulations that establish--
``(i) cost estimation procedures described in
subparagraph (B)(i); and
``(ii) the ceiling and floor percentages
referred to in paragraph (2).
``(D) <<NOTE: Deadline.>> Review by president.--Not
later than 2 years after the date of promulgation of
regulations under subparagraph (C) and periodically
thereafter, the President shall review the cost
estimation procedures and the ceiling and floor
percentages established under this paragraph.
``(E) Report to <<NOTE: Deadline.>> congress.--Not
later than 1 year after the date of promulgation of
regulations under subparagraph (C), 3 years after that
date, and at the end of each 2-year period thereafter,
the expert panel shall submit to Congress a report on
the appropriateness of the cost estimation procedures.
``(4) Special rule.--In any case in which the facility being
repaired, restored, reconstructed, or replaced under this
section was under construction on the date of the major
disaster, the cost of repairing, restoring, reconstructing, or
replacing the facility shall include, for the purposes of this
section, only those costs that, under the contract for the
construction, are the owner's responsibility and not the
contractor's responsibility.''.
(2) <<NOTE: 42 USC 5172 note.>> Effective date.--The
amendment made by paragraph (1) takes effect on the date of the
enactment of this Act and applies to funds appropriated after
the date of the enactment of this Act, except that paragraph (1)
of section 406(e) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (as amended by paragraph (1)) takes
effect on the date on which the cost estimation procedures
established under paragraph (3) of that section take effect.
(e) Conforming Amendment.--Section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended
by striking subsection (f ).
SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) In General.--Section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended to read
as follows:
[[Page 114 STAT. 1567]]
``SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
``(a) In General.--
``(1) Provision of assistance.--In accordance with this
section, the President, in consultation with the Governor of a
State, may provide financial assistance, and, if necessary,
direct services, to individuals and households in the State who,
as a direct result of a major disaster, have necessary expenses
and serious needs in cases in which the individuals and
households are unable to meet such expenses or needs through
other means.
``(2) Relationship to other assistance.--Under paragraph
(1), an individual or household shall not be denied assistance
under paragraph (1), (3), or (4) of subsection (c) solely on the
basis that the individual or household has not applied for or
received any loan or other financial assistance from the Small
Business Administration or any other Federal agency.
``(b) Housing Assistance.--
``(1) Eligibility.--The President may provide financial or
other assistance under this section to individuals and
households to respond to the disaster-related housing needs of
individuals and households who are displaced from their
predisaster primary residences or whose predisaster primary
residences are rendered uninhabitable as a result of damage
caused by a major disaster.
``(2) Determination of appropriate types of assistance.--
``(A) In general.--
The <<NOTE: President.>> President shall determine
appropriate types of housing assistance to be provided
under this section to individuals and households
described in subsection (a)(1) based on considerations
of cost effectiveness, convenience to the individuals
and households, and such other factors as the President
may consider appropriate.
``(B) Multiple types of assistance.--One or more
types of housing assistance may be made available under
this section, based on the suitability and availability
of the types of assistance, to meet the needs of
individuals and households in the particular disaster
situation.
``(c) Types of Housing Assistance.--
``(1) Temporary housing.--
``(A) Financial assistance.--
``(i) In general.--The President may provide
financial assistance to individuals or households
to rent alternate housing accommodations, existing
rental units, manufactured housing, recreational
vehicles, or other readily fabricated dwellings.
``(ii) Amount.--The amount of assistance under
clause (i) shall be based on the fair market rent
for the accommodation provided plus the cost of
any transportation, utility hookups, or unit
installation not provided directly by the
President.
``(B) Direct assistance.--
``(i) In general.--The President may provide
temporary housing units, acquired by purchase or
lease, directly to individuals or households who,
because of a lack of available housing resources,
would be unable
[[Page 114 STAT. 1568]]
to make use of the assistance provided under
subparagraph (A).
``(ii) Period of assistance.--The President
may not provide direct assistance under clause (i)
with respect to a major disaster after the end of
the 18-month period beginning on the date of the
declaration of the major disaster by the
President, except that the President may extend
that period if the President determines that due
to extraordinary circumstances an extension would
be in the public interest.
``(iii) Collection of rental charges.--After
the end of the 18-month period referred to in
clause (ii), the President may charge fair market
rent for each temporary housing unit provided.
``(2) Repairs.--
``(A) In general.--The President may provide
financial assistance for--
``(i) the repair of owner-occupied private
residences, utilities, and residential
infrastructure (such as a private access route)
damaged by a major disaster to a safe and sanitary
living or functioning condition; and
``(ii) eligible hazard mitigation measures
that reduce the likelihood of future damage to
such residences, utilities, or infrastructure.
``(B) Relationship to other assistance.--A recipient
of assistance provided under this paragraph shall not be
required to show that the assistance can be met through
other means, except insurance proceeds.
``(C) Maximum amount of assistance.--The amount of
assistance provided to a household under this paragraph
shall not exceed $5,000, as adjusted annually to reflect
changes in the Consumer Price Index for All Urban
Consumers published by the Department of Labor.
``(3) Replacement.--
``(A) In general.--The President may provide
financial assistance for the replacement of owner-
occupied private residences damaged by a major disaster.
``(B) Maximum amount of assistance.--The amount of
assistance provided to a household under this paragraph
shall not exceed $10,000, as adjusted annually to
reflect changes in the Consumer Price Index for All
Urban Consumers published by the Department of Labor.
``(C) Applicability of flood insurance
requirement.--With respect to assistance provided under
this paragraph, the President may not waive any
provision of Federal law requiring the purchase of flood
insurance as a condition of the receipt of Federal
disaster assistance.
``(4) Permanent housing construction.--The President may
provide financial assistance or direct assistance to individuals
or households to construct permanent housing in insular areas
outside the continental United States and in other remote
locations in cases in which--
``(A) no alternative housing resources are
available; and
[[Page 114 STAT. 1569]]
``(B) the types of temporary housing assistance
described in paragraph (1) are unavailable, infeasible,
or not cost-effective.
``(d) Terms and Conditions Relating to Housing Assistance.--
``(1) Sites.--
``(A) In general.--Any readily fabricated dwelling
provided under this section shall, whenever practicable,
be located on a site that--
``(i) is complete with utilities; and
``(ii) is provided by the State or local
government, by the owner of the site, or by the
occupant who was displaced by the major disaster.
``(B) Sites provided by the president.--A readily
fabricated dwelling may be located on a site provided by
the President if the President determines that such a
site would be more economical or accessible.
``(2) Disposal of units.--
``(A) Sale to occupants.--
``(i) In general.--Notwithstanding any other
provision of law, a temporary housing unit
purchased under this section by the President for
the purpose of housing disaster victims may be
sold directly to the individual or household who
is occupying the unit if the individual or
household lacks permanent housing.
``(ii) Sale price.--A sale of a temporary
housing unit under clause (i) shall be at a price
that is fair and equitable.
``(iii) Deposit of proceeds.--Notwithstanding
any other provision of law, the proceeds of a sale
under clause (i) shall be deposited in the
appropriate Disaster Relief Fund account.
``(iv) Hazard and flood insurance.--A sale of
a temporary housing unit under clause (i) shall be
made on the condition that the individual or
household purchasing the housing unit agrees to
obtain and maintain hazard and flood insurance on
the housing unit.
``(v) Use of gsa services.--The President may
use the services of the General Services
Administration to accomplish a sale under clause
(i).
``(B) Other methods of disposal.--If not disposed of
under subparagraph (A), a temporary housing unit
purchased under this section by the President for the
purpose of housing disaster victims--
``(i) may be sold to any person; or
``(ii) may be sold, transferred, donated, or
otherwise made available directly to a State or
other governmental entity or to a voluntary
organization for the sole purpose of providing
temporary housing to disaster victims in major
disasters and emergencies if, as a condition of
the sale, transfer, or donation, the State, other
governmental agency, or voluntary organization
agrees--
``(I) to comply with the
nondiscrimination provisions of section
308; and
``(II) to obtain and maintain hazard
and flood insurance on the housing unit.
[[Page 114 STAT. 1570]]
``(e) Financial Assistance To Address Other Needs.--
``(1) Medical, dental, and funeral expenses.--The President,
in consultation with the Governor of a State, may provide
financial assistance under this section to an individual or
household in the State who is adversely affected by a major
disaster to meet disaster-related medical, dental, and funeral
expenses.
``(2) Personal property, transportation, and other
expenses.--The President, in consultation with the Governor of a
State, may provide financial assistance under this section to an
individual or household described in paragraph (1) to address
personal property, transportation, and other necessary expenses
or serious needs resulting from the major disaster.
``(f ) State Role.--
``(1) Financial assistance to address other needs.--
``(A) Grant to state.--Subject to subsection (g), a
Governor may request a grant from the President to
provide financial assistance to individuals and
households in the State under subsection (e).
``(B) Administrative costs.--A State that receives a
grant under subparagraph (A) may expend not more than 5
percent of the amount of the grant for the
administrative costs of providing financial assistance
to individuals and households in the State under
subsection (e).
``(2) Access to records.--In providing assistance to
individuals and households under this section, the President
shall provide for the substantial and ongoing involvement of the
States in which the individuals and households are located,
including by providing to the States access to the electronic
records of individuals and households receiving assistance under
this section in order for the States to make available any
additional State and local assistance to the individuals and
households.
``(g) Cost Sharing.--
``(1) Federal share.--Except as provided in paragraph (2),
the Federal share of the costs eligible to be paid using
assistance provided under this section shall be 100 percent.
``(2) Financial assistance to address other needs.--In the
case of financial assistance provided under subsection (e)--
``(A) the Federal share shall be 75 percent; and
``(B) the non-Federal share shall be paid from funds
made available by the State.
``(h) Maximum Amount of Assistance.--
``(1) In general.--No individual or household shall receive
financial assistance greater than $25,000 under this section
with respect to a single major disaster.
``(2) Adjustment of limit.--The limit established under
paragraph (1) shall be adjusted annually to reflect changes in
the Consumer Price Index for All Urban Consumers published by
the Department of Labor.
``(i) Rules and <<NOTE: President.>> Regulations.--The President
shall prescribe rules and regulations to carry out this section,
including criteria, standards, and procedures for determining
eligibility for assistance.''.
(b) Conforming Amendment.--Section 502(a)(6) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5192(a)(6)) is amended by striking ``temporary housing''.
[[Page 114 STAT. 1571]]
(c) Elimination of Individual and Family Grant Programs.--Section
411 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5178) is repealed.
(d) Effective <<NOTE: 42 USC 5174 note.>> Date.--The amendments made
by this section take effect 18 months after the date of the enactment of
this Act.
SEC. 207. COMMUNITY DISASTER LOANS.
Section 417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184) is amended--
(1) by striking ``(a) The President'' and inserting the
following:
``(a) In General.--The President'';
(2) by striking ``The amount'' and inserting the following:
``(b) Amount.--The amount'';
(3) by striking ``Repayment'' and inserting the following:
``(c) Repayment.--
``(1) Cancellation.--Repayment'';
(4) by striking ``(b) Any loans'' and inserting the
following:
``(d) Effect on Other Assistance.--Any loans'';
(5) in subsection (b) (as designated by paragraph (2))--
(A) by striking ``and shall'' and inserting
``shall''; and
(B) by inserting before the period at the end the
following: ``, and shall not exceed $5,000,000''; and
(6) in subsection (c) (as designated by paragraph (3)), by
adding at the end the following:
``(2) Condition on continuing eligibility.--A local
government shall not be eligible for further assistance under
this section during any period in which the local government is
in arrears with respect to a required repayment of a loan under
this section.''.
SEC. 208. <<NOTE: 42 USC 5121 note.>> REPORT ON STATE MANAGEMENT OF
SMALL DISASTERS INITIATIVE.
Not later than 3 <<NOTE: Deadline.>> years after the date of the
enactment of this Act, the President shall submit to Congress a report
describing the results of the State Management of Small Disasters
Initiative, including--
(1) identification of any administrative or financial
benefits of the initiative; and
(2) recommendations concerning the conditions, if any, under
which States should be allowed the option to administer parts of
the assistance program under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172).
SEC. 209. <<NOTE: 42 USC 5121 note.>> STUDY REGARDING COST REDUCTION.
Not later than 3 <<NOTE: Deadline.>> years after the date of the
enactment of this Act, the Director of the Congressional Budget Office
shall complete a study estimating the reduction in Federal disaster
assistance that has resulted and is likely to result from the enactment
of this Act.
[[Page 114 STAT. 1572]]
TITLE III--MISCELLANEOUS
SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.
The first section of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 note) is amended to read as
follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Robert T. Stafford Disaster Relief
and Emergency Assistance Act'.''.
SEC. 302. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended--
(1) in each of paragraphs (3) and (4), by striking ``the
Northern'' and all that follows through ``Pacific Islands'' and
inserting ``and the Commonwealth of the Northern Mariana
Islands'';
(2) by striking paragraph (6) and inserting the following:
``(6) Local government.--The term `local government' means--
``(A) a county, municipality, city, town, township,
local public authority, school district, special
district, intrastate district, council of governments
(regardless of whether the council of governments is
incorporated as a nonprofit corporation under State
law), regional or interstate government entity, or
agency or instrumentality of a local government;
``(B) an Indian tribe or authorized tribal
organization, or Alaska Native village or organization;
and
``(C) a rural community, unincorporated town or
village, or other public entity, for which an
application for assistance is made by a State or
political subdivision of a State.''; and
(3) in paragraph (9), by inserting ``irrigation,'' after
``utility,''.
SEC. 303. FIRE MANAGEMENT ASSISTANCE.
(a) In General.--Section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended to read
as follows:
``SEC. 420. FIRE MANAGEMENT ASSISTANCE.
``(a) In General.--The President is authorized to provide
assistance, including grants, equipment, supplies, and personnel, to any
State or local government for the mitigation, management, and control of
any fire on public or private forest land or grassland that threatens
such destruction as would constitute a major disaster.
``(b) Coordination <<NOTE: President.>> With State and Tribal
Departments of Forestry.--In providing assistance under this section,
the President shall coordinate with State and tribal departments of
forestry.
``(c) Essential Assistance.--In providing assistance under this
section, the President may use the authority provided under section 403.
[[Page 114 STAT. 1573]]
``(d) Rules and <<NOTE: President.>> Regulations.--The President
shall prescribe such rules and regulations as are necessary to carry out
this section.''.
(b) Effective <<NOTE: 42 USC 5187 note.>> Date.--The amendment made
by subsection (a) takes effect 1 year after the date of the enactment of
this Act.
SEC. 304. DISASTER <<NOTE: 42 USC 5205.>> GRANT CLOSEOUT PROCEDURES.
Title VII of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5101 et seq.) is amended by adding at the end
the following:
``SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.
``(a) Statute of Limitations.--
``(1) In general.--Except as provided in paragraph (2), no
administrative action to recover any payment made to a State or
local government for disaster or emergency assistance under this
Act shall be initiated in any forum after the date that is 3
years after the date of transmission of the final expenditure
report for the disaster or emergency.
``(2) Fraud exception.--The limitation under paragraph (1)
shall apply unless there is evidence of civil or criminal fraud.
``(b) Rebuttal of Presumption of Record Maintenance.--
``(1) In general.--In any dispute arising under this section
after the date that is 3 years after the date of transmission of
the final expenditure report for the disaster or emergency,
there shall be a presumption that accounting records were
maintained that adequately identify the source and application
of funds provided for financially assisted activities.
``(2) Affirmative evidence.--The presumption described in
paragraph (1) may be rebutted only on production of affirmative
evidence that the State or local government did not maintain
documentation described in that paragraph.
``(3) Inability to produce documentation.--The inability of
the Federal, State, or local government to produce source
documentation supporting expenditure reports later than 3 years
after the date of transmission of the final expenditure report
shall not constitute evidence to rebut the presumption described
in paragraph (1).
``(4) Right of access.--The period during which the Federal,
State, or local government has the right to access source
documentation shall not be limited to the required 3-year
retention period referred to in paragraph (3), but shall last as
long as the records are maintained.
``(c) Binding Nature of Grant Requirements.--A State or local
government shall not be liable for reimbursement or any other penalty
for any payment made under this Act if--
``(1) the payment was authorized by an approved agreement
specifying the costs;
``(2) the costs were reasonable; and
``(3) the purpose of the grant was accomplished.''.
SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL AND STATE
EMPLOYEES.
(a) In General.--Section 1204 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796b) is amended by striking paragraph
(7) and inserting the following:
``(7) `public safety officer' means--
[[Page 114 STAT. 1574]]
``(A) an individual serving a public agency in an
official capacity, with or without compensation, as a
law enforcement officer, as a firefighter, or as a
member of a rescue squad or ambulance crew;
``(B) an employee of the Federal Emergency
Management Agency who is performing official duties of
the Agency in an area, if those official duties--
``(i) are related to a major disaster or
emergency that has been, or is later, declared to
exist with respect to the area under the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.); and
``(ii) are determined by the Director of the
Federal Emergency Management Agency to be
hazardous duties; or
``(C) an employee of a State, local, or tribal
emergency management or civil defense agency who is
performing official duties in cooperation with the
Federal Emergency Management Agency in an area, if those
official duties--
``(i) are related to a major disaster or
emergency that has been, or is later, declared to
exist with respect to the area under the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.); and
``(ii) are determined by the head of the
agency to be hazardous duties.''.
(b) Effective <<NOTE: 42 USC 3796b note.>> Date.--The amendment made
by subsection (a) applies only to employees described in subparagraphs
(B) and (C) of section 1204(7) of the Omnibus Crime Control and Safe
Streets Act of 1968 (as amended by subsection (a)) who are injured or
who die in the line of duty on or after the date of the enactment of
this Act.
SEC. 306. <<NOTE: 42 USC 5206.>> BUY AMERICAN.
(a) Compliance With Buy American Act.--No funds authorized to be
appropriated under this Act or any amendment made by this Act may be
expended by an entity unless the entity, in expending the funds,
complies with the Buy American Act (41 U.S.C. 10a et seq.).
(b) Debarment of Persons Convicted of Fraudulent Use of ``Made in
America'' Labels.--
(1) In <<NOTE: Deadline.>> general.--If the Director of the
Federal Emergency Management Agency determines that a person has
been convicted of intentionally affixing a label bearing a
``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Director shall determine, not later than 90 days after
determining that the person has been so convicted, whether the
person should be debarred from contracting under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
(2) Definition of debar.--In this subsection, the term
``debar'' has the meaning given the term in section 2393(c) of
title 10, United States Code.
SEC. 307. TREATMENT OF CERTAIN REAL PROPERTY.
(a) In General.--Notwithstanding the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster
[[Page 114 STAT. 1575]]
Protection Act of 1973 (42 U.S.C. 4002 et seq.), or any other provision
of law, or any flood risk zone identified, delineated, or established
under any such law (by flood insurance rate map or otherwise), the real
property described in subsection (b) shall not be considered to be, or
to have been, located in any area having special flood hazards
(including any floodway or floodplain).
(b) Real Property.--The real property described in this subsection
is all land and improvements on the land located in the Maple Terrace
Subdivisions in the City of Sycamore, DeKalb County, Illinois,
including--
(1) Maple Terrace Phase I;
(2) Maple Terrace Phase II;
(3) Maple Terrace Phase III Unit 1;
(4) Maple Terrace Phase III Unit 2;
(5) Maple Terrace Phase III Unit 3;
(6) Maple Terrace Phase IV Unit 1;
(7) Maple Terrace Phase IV Unit 2; and
(8) Maple Terrace Phase IV Unit 3.
(c) Revision of Flood Insurance Rate Lot Maps.--As soon as
practicable after the date of the enactment of this Act, the Director of
the Federal Emergency Management Agency shall revise the appropriate
flood insurance rate lot maps of the agency to reflect the treatment
under subsection (a) of the real property described in subsection (b).
SEC. 308. <<NOTE: 42 USC 5121 note.>> STUDY OF PARTICIPATION BY INDIAN
TRIBES IN EMERGENCY MANAGEMENT.
(a) Definition of Indian Tribe.--In this section, the term ``Indian
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(b) Study.--
(1) In general.--The Director of the Federal Emergency
Management Agency shall conduct a study of participation by
Indian tribes in emergency management.
(2) Required elements.--The study shall--
(A) survey participation by Indian tribes in
training, predisaster and postdisaster mitigation,
disaster preparedness, and disaster recovery programs at
the Federal and State levels; and
(B) review and assess the capacity of Indian tribes
to participate in cost-shared emergency management
programs and to participate in the management of the
programs.
(3) Consultation.--In conducting the study, the Director
shall consult with Indian tribes.
(c) Report.--Not later than 1 <<NOTE: Deadline.>> year after the
date of the enactment of this Act, the Director shall submit a report on
the study under subsection (b) to--
(1) the Committee on Environment and Public Works of the
Senate;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Committee on Appropriations of the Senate; and
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(4) the Committee on Appropriations of the House of
Representatives.
Approved October 30, 2000.
LEGISLATIVE HISTORY--H.R. 707 (S. 1691):
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HOUSE REPORTS: No. 106-40 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 106-295 accompanying S. 1691 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Mar. 4, considered and passed House.
Vol. 146 (2000):
July 19, considered and passed
Senate, amended.
Oct. 3, House concurred in Senate
amendment with an amendment.
Oct. 5, Senate concurred in House
amendment with an amendment.
Oct. 10, House concurred in Senate
amendment.
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