Text: H.R.707 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-390 (10/30/2000)

 
[106th Congress Public Law 390]
[From the U.S. Government Printing Office]


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[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

[[Page 114 STAT. 1576]]

            (4) the Committee on Appropriations of the House of 
        Representatives.

    Approved October 30, 2000.

LEGISLATIVE HISTORY--H.R. 707 (S. 1691):
---------------------------------------------------------------------------

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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