H. Res. 607

In the House of Representatives, U.S.,

October 3, 2000.

Resolved, That upon the adoption of this resolution the

House shall be considered to have taken from the Speaker’s

table the bill H.R. 707, with the amendment of the Senate

thereto, and to have concurred in the amendment of the Senate to the text with the following amendment:

In lieu of the matter proposed to be inserted by the

amendment of the Senate, insert the following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Disaster Mitigation Act of 2000’’.

4 (b) TABLE OF CONTENTS.—The table of contents of

5 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.
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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. President’s Council on Domestic Terrorism Preparedness.

Sec. 305. Disaster grant closeout procedures.

Sec. 306. Public safety officer benefits for certain Federal and State employees.

Sec. 307. Buy American.

Sec. 308. Treatment of certain real property.

Sec. 309. Study of participation by Indian tribes in emergency management.

1 TITLE I—PREDISASTER HAZARD

2 MITIGATION

3 SEC. 101. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—Congress finds that—

5 (1) natural disasters, including earthquakes,

6 tsunamis, tornadoes, hurricanes, flooding, and

7 wildfires, pose great danger to human life and to

8 property throughout the United States;

9 (2) greater emphasis needs to be placed on—

10 (A) identifying and assessing the risks to

11 States and local governments (including Indian

12 tribes) from natural disasters;

13 (B) implementing adequate measures to

14 reduce losses from natural disasters; and
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1 (C) ensuring that the critical services and

2 facilities of communities will continue to func3 tion after a natural disaster;

4 (3) expenditures for postdisaster assistance are

5 increasing without commensurate reductions in the

6 likelihood of future losses from natural disasters;

7 (4) in the expenditure of Federal funds under

8 the Robert T. Stafford Disaster Relief and Emer9 gency Assistance Act (42 U.S.C. 5121 et seq.), high

10 priority should be given to mitigation of hazards at

11 the local level; and

12 (5) with a unified effort of economic incentives,

13 awareness and education, technical assistance, and

14 demonstrated Federal support, States and local gov15 ernments (including Indian tribes) will be able to—

16 (A) form effective community-based part17 nerships for hazard mitigation purposes;

18 (B) implement effective hazard mitigation

19 measures that reduce the potential damage

20 from natural disasters;

21 (C) ensure continued functionality of crit22 ical services;

23 (D) leverage additional non-Federal re24 sources in meeting natural disaster resistance

25 goals; and
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1 (E) make commitments to long-term haz2 ard mitigation efforts to be applied to new and

3 existing structures.

4 (b) PURPOSE.—The purpose of this title is to estab5 lish a national disaster hazard mitigation program—

6 (1) to reduce the loss of life and property,

7 human suffering, economic disruption, and disaster

8 assistance costs resulting from natural disasters;

9 and

10 (2) to provide a source of predisaster hazard

11 mitigation funding that will assist States and local

12 governments (including Indian tribes) in imple13 menting effective hazard mitigation measures that

14 are designed to ensure the continued functionality of

15 critical services and facilities after a natural dis16 aster.

17 SEC. 102. PREDISASTER HAZARD MITIGATION.

18 (a) IN GENERAL.—Title II of the Robert T. Stafford

19 Disaster Relief and Emergency Assistance Act (42 U.S.C.

20 5131 et seq.) is amended by adding at the end the fol21 lowing:

22 ‘‘SEC. 203. PREDISASTER HAZARD MITIGATION.

23 ‘‘(a) DEFINITION OF SMALL IMPOVERISHED COMMU24 NITY.—In this section, the term ‘small impoverished com25 munity’ means a community of 3,000 or fewer individuals
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1 that is economically disadvantaged, as determined by the

2 State in which the community is located and based on cri3 teria established by the President.

4 ‘‘(b) ESTABLISHMENT OF PROGRAM.—The President

5 may establish a program to provide technical and financial

6 assistance to States and local governments to assist in the

7 implementation of predisaster hazard mitigation measures

8 that are cost-effective and are designed to reduce injuries,

9 loss of life, and damage and destruction of property, in10 cluding damage to critical services and facilities under the

11 jurisdiction of the States or local governments.

12 ‘‘(c) APPROVAL BY PRESIDENT.—If the President de13 termines that a State or local government has identified

14 natural disaster hazards in areas under its jurisdiction

15 and has demonstrated the ability to form effective public16 private natural disaster hazard mitigation partnerships,

17 the President, using amounts in the National Predisaster

18 Mitigation Fund established under subsection (i) (referred

19 to in this section as the ‘Fund’), may provide technical

20 and financial assistance to the State or local government

21 to be used in accordance with subsection (e).

22 ‘‘(d) STATE RECOMMENDATIONS.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) RECOMMENDATIONS.—The Governor

25 of each State may recommend to the President
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1 not fewer than 5 local governments to receive

2 assistance under this section.

3 ‘‘(B) DEADLINE FOR SUBMISSION.—The

4 recommendations under subparagraph (A) shall

5 be submitted to the President not later than

6 October 1, 2001, and each October 1st there7 after or such later date in the year as the Presi8 dent may establish.

9 ‘‘(C) CRITERIA.—In making recommenda10 tions under subparagraph (A), a Governor shall

11 consider the criteria specified in subsection (g).

12 ‘‘(2) USE.—

13 ‘‘(A) IN GENERAL.—Except as provided in

14 subparagraph (B), in providing assistance to

15 local governments under this section, the Presi16 dent shall select from local governments rec17 ommended by the Governors under this sub18 section.

19 ‘‘(B) EXTRAORDINARY CIRCUMSTANCES.—

20 In providing assistance to local governments

21 under this section, the President may select a

22 local government that has not been rec23 ommended by a Governor under this subsection

24 if the President determines that extraordinary

25 circumstances justify the selection and that
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1 making the selection will further the purpose of

2 this section.

3 ‘‘(3) EFFECT OF FAILURE TO NOMINATE.—If a

4 Governor of a State fails to submit recommendations

5 under this subsection in a timely manner, the Presi6 dent may select, subject to the criteria specified in

7 subsection (g), any local governments of the State to

8 receive assistance under this section.

9 ‘‘(e) USES OF TECHNICAL AND FINANCIAL ASSIST10 ANCE.—

11 ‘‘(1) IN GENERAL.—Technical and financial as12 sistance provided under this section—

13 ‘‘(A) shall be used by States and local gov14 ernments principally to implement predisaster

15 hazard mitigation measures that are cost-effec16 tive and are described in proposals approved by

17 the President under this section; and

18 ‘‘(B) may be used—

19 ‘‘(i) to support effective public-private

20 natural disaster hazard mitigation partner21 ships;

22 ‘‘(ii) to improve the assessment of a

23 community’s vulnerability to natural haz24 ards; or
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1 ‘‘(iii) to establish hazard mitigation

2 priorities, and an appropriate hazard miti3 gation plan, for a community.

4 ‘‘(2) DISSEMINATION.—A State or local govern5 ment may use not more than 10 percent of the fi6 nancial assistance received by the State or local gov7 ernment under this section for a fiscal year to fund

8 activities to disseminate information regarding cost9 effective mitigation technologies.

10 ‘‘(f) ALLOCATION OF FUNDS.—The amount of finan11 cial assistance made available to a State (including

12 amounts made available to local governments of the State)

13 under this section for a fiscal year—

14 ‘‘(1) shall be not less than the lesser of—

15 ‘‘(A) $500,000; or

16 ‘‘(B) the amount that is equal to 1.0 per17 cent of the total funds appropriated to carry

18 out this section for the fiscal year;

19 ‘‘(2) shall not exceed 15 percent of the total

20 funds described in paragraph (1)(B); and

21 ‘‘(3) shall be subject to the criteria specified in

22 subsection (g).

23 ‘‘(g) CRITERIA FOR ASSISTANCE AWARDS.—In deter24 mining whether to provide technical and financial assist-
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1 ance to a State or local government under this section,

2 the President shall take into account—

3 ‘‘(1) the extent and nature of the hazards to be

4 mitigated;

5 ‘‘(2) the degree of commitment of the State or

6 local government to reduce damages from future

7 natural disasters;

8 ‘‘(3) the degree of commitment by the State or

9 local government to support ongoing non-Federal

10 support for the hazard mitigation measures to be

11 carried out using the technical and financial assist12 ance;

13 ‘‘(4) the extent to which the hazard mitigation

14 measures to be carried out using the technical and

15 financial assistance contribute to the mitigation

16 goals and priorities established by the State;

17 ‘‘(5) the extent to which the technical and fi18 nancial assistance is consistent with other assistance

19 provided under this Act;

20 ‘‘(6) the extent to which prioritized, cost-effec21 tive mitigation activities that produce meaningful

22 and definable outcomes are clearly identified;

23 ‘‘(7) if the State or local government has sub24 mitted a mitigation plan under section 322, the ex-
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1 tent to which the activities identified under para2 graph (6) are consistent with the mitigation plan;

3 ‘‘(8) the opportunity to fund activities that

4 maximize net benefits to society;

5 ‘‘(9) the extent to which assistance will fund

6 mitigation activities in small impoverished commu7 nities; and

8 ‘‘(10) such other criteria as the President es9 tablishes in consultation with State and local govern10 ments.

11 ‘‘(h) FEDERAL SHARE.—

12 ‘‘(1) IN GENERAL.—Financial assistance pro13 vided under this section may contribute up to 75

14 percent of the total cost of mitigation activities ap15 proved by the President.

16 ‘‘(2) SMALL IMPOVERISHED COMMUNITIES.—

17 Notwithstanding paragraph (1), the President may

18 contribute up to 90 percent of the total cost of a

19 mitigation activity carried out in a small impover20 ished community.

21 ‘‘(i) NATIONAL PREDISASTER MITIGATION FUND.—

22 ‘‘(1) ESTABLISHMENT.—The President may es23 tablish in the Treasury of the United States a fund

24 to be known as the ‘National Predisaster Mitigation

25 Fund’, to be used in carrying out this section.
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1 ‘‘(2) TRANSFERS TO FUND.—There shall be de2 posited in the Fund—

3 ‘‘(A) amounts appropriated to carry out

4 this section, which shall remain available until

5 expended; and

6 ‘‘(B) sums available from gifts, bequests,

7 or donations of services or property received by

8 the President for the purpose of predisaster

9 hazard mitigation.

10 ‘‘(3) EXPENDITURES FROM FUND.—Upon re11 quest by the President, the Secretary of the Treas12 ury shall transfer from the Fund to the President

13 such amounts as the President determines are nec14 essary to provide technical and financial assistance

15 under this section.

16 ‘‘(4) INVESTMENT OF AMOUNTS.—

17 ‘‘(A) IN GENERAL.—The Secretary of the

18 Treasury shall invest such portion of the Fund

19 as is not, in the judgment of the Secretary of

20 the Treasury, required to meet current with21 drawals. Investments may be made only in in22 terest-bearing obligations of the United States.

23 ‘‘(B) ACQUISITION OF OBLIGATIONS.—For

24 the purpose of investments under subparagraph

25 (A), obligations may be acquired—
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1 ‘‘(i) on original issue at the issue

2 price; or

3 ‘‘(ii) by purchase of outstanding obli4 gations at the market price.

5 ‘‘(C) SALE OF OBLIGATIONS.—Any obliga6 tion acquired by the Fund may be sold by the

7 Secretary of the Treasury at the market price.

8 ‘‘(D) CREDITS TO FUND.—The interest on,

9 and the proceeds from the sale or redemption

10 of, any obligations held in the Fund shall be

11 credited to and form a part of the Fund.

12 ‘‘(E) TRANSFERS OF AMOUNTS.—

13 ‘‘(i) IN GENERAL.—The amounts re14 quired to be transferred to the Fund under

15 this subsection shall be transferred at least

16 monthly from the general fund of the

17 Treasury to the Fund on the basis of esti18 mates made by the Secretary of the Treas19 ury.

20 ‘‘(ii) ADJUSTMENTS.—Proper adjust21 ment shall be made in amounts subse22 quently transferred to the extent prior esti23 mates were in excess of or less than the

24 amounts required to be transferred.
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1 ‘‘(j) LIMITATION ON TOTAL AMOUNT OF FINANCIAL

2 ASSISTANCE.—The President shall not provide financial

3 assistance under this section in an amount greater than

4 the amount available in the Fund.

5 ‘‘(k) MULTIHAZARD ADVISORY MAPS.—

6 ‘‘(1) DEFINITION OF MULTIHAZARD ADVISORY

7 MAP.—In this subsection, the term ‘multihazard ad8 visory map’ means a map on which hazard data con9 cerning each type of natural disaster is identified si10 multaneously for the purpose of showing areas of

11 hazard overlap.

12 ‘‘(2) DEVELOPMENT OF MAPS.—In consultation

13 with States, local governments, and appropriate

14 Federal agencies, the President shall develop multi15 hazard advisory maps for areas, in not fewer than

16 5 States, that are subject to commonly recurring

17 natural hazards (including flooding, hurricanes and

18 severe winds, and seismic events).

19 ‘‘(3) USE OF TECHNOLOGY.—In developing

20 multihazard advisory maps under this subsection,

21 the President shall use, to the maximum extent

22 practicable, the most cost-effective and efficient

23 technology available.

24 ‘‘(4) USE OF MAPS.—
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1 ‘‘(A) ADVISORY NATURE.—The multi2 hazard advisory maps shall be considered to be

3 advisory and shall not require the development

4 of any new policy by, or impose any new policy

5 on, any government or private entity.

6 ‘‘(B) AVAILABILITY OF MAPS.—The multi7 hazard advisory maps shall be made available to

8 the appropriate State and local governments for

9 the purposes of—

10 ‘‘(i) informing the general public

11 about the risks of natural hazards in the

12 areas described in paragraph (2);

13 ‘‘(ii) supporting the activities de14 scribed in subsection (e); and

15 ‘‘(iii) other public uses.

16 ‘‘(l) REPORT ON FEDERAL AND STATE ADMINISTRA17 TION.—Not later than 18 months after the date of enact18 ment of this section, the President, in consultation with

19 State and local governments, shall submit to Congress a

20 report evaluating efforts to implement this section and

21 recommending a process for transferring greater authority

22 and responsibility for administering the assistance pro23 gram established under this section to capable States.

24 ‘‘(m) TERMINATION OF AUTHORITY.—The authority

25 provided by this section terminates December 31, 2003.’’.
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1 (b) CONFORMING AMENDMENT.—Title II of the Rob2 ert T. Stafford Disaster Relief and Emergency Assistance

3 Act (42 U.S.C. 5131 et seq.) is amended by striking the

4 title heading and inserting the following:

5 ‘‘TITLE II—DISASTER PREPARED6 NESS AND MITIGATION AS7 SISTANCE’’.

8 SEC. 103. INTERAGENCY TASK FORCE.

9 Title II of the Robert T. Stafford Disaster Relief and

10 Emergency Assistance Act (42 U.S.C. 5131 et seq.) (as

11 amended by section 102(a)) is amended by adding at the

12 end the following:

13 ‘‘SEC. 204. INTERAGENCY TASK FORCE.

14 ‘‘(a) IN GENERAL.—The President shall establish a

15 Federal interagency task force for the purpose of coordi16 nating the implementation of predisaster hazard mitiga17 tion programs administered by the Federal Government.

18 ‘‘(b) CHAIRPERSON.—The Director of the Federal

19 Emergency Management Agency shall serve as the chair20 person of the task force.

21 ‘‘(c) MEMBERSHIP.—The membership of the task

22 force shall include representatives of—

23 ‘‘(1) relevant Federal agencies;

24 ‘‘(2) State and local government organizations

25 (including Indian tribes); and
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1 ‘‘(3) the American Red Cross.’’.

2 SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS

3 FOR PUBLIC AND PRIVATE STRUCTURES.

4 (a) IN GENERAL.—Title III of the Robert T. Stafford

5 Disaster Relief and Emergency Assistance Act (42 U.S.C.

6 5141 et seq.) is amended by adding at the end the fol7 lowing:

8 ‘‘SEC. 322. MITIGATION PLANNING.

9 ‘‘(a) REQUIREMENT OF MITIGATION PLAN.—As a

10 condition of receipt of an increased Federal share for haz11 ard mitigation measures under subsection (e), a State,

12 local, or tribal government shall develop and submit for

13 approval to the President a mitigation plan that outlines

14 processes for identifying the natural hazards, risks, and

15 vulnerabilities of the area under the jurisdiction of the

16 government.

17 ‘‘(b) LOCAL AND TRIBAL PLANS.—Each mitigation

18 plan developed by a local or tribal government shall—

19 ‘‘(1) describe actions to mitigate hazards, risks,

20 and vulnerabilities identified under the plan; and

21 ‘‘(2) establish a strategy to implement those ac22 tions.

23 ‘‘(c) STATE PLANS.—The State process of develop24 ment of a mitigation plan under this section shall—
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1 ‘‘(1) identify the natural hazards, risks, and

2 vulnerabilities of areas in the State;

3 ‘‘(2) support development of local mitigation

4 plans;

5 ‘‘(3) provide for technical assistance to local

6 and tribal governments for mitigation planning; and

7 ‘‘(4) identify and prioritize mitigation actions

8 that the State will support, as resources become

9 available.

10 ‘‘(d) FUNDING.—

11 ‘‘(1) IN GENERAL.—Federal contributions

12 under section 404 may be used to fund the develop13 ment and updating of mitigation plans under this

14 section.

15 ‘‘(2) MAXIMUM FEDERAL CONTRIBUTION.—

16 With respect to any mitigation plan, a State, local,

17 or tribal government may use an amount of Federal

18 contributions under section 404 not to exceed 7 per19 cent of the amount of such contributions available to

20 the government as of a date determined by the gov21 ernment.

22 ‘‘(e) INCREASED FEDERAL SHARE FOR HAZARD

23 MITIGATION MEASURES.—

24 ‘‘(1) IN GENERAL.—If, at the time of the dec25 laration of a major disaster, a State has in effect an
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1 approved mitigation plan under this section, the

2 President may increase to 20 percent, with respect

3 to the major disaster, the maximum percentage

4 specified in the last sentence of section 404(a).

5 ‘‘(2) FACTORS FOR CONSIDERATION.—In deter6 mining whether to increase the maximum percentage

7 under paragraph (1), the President shall consider

8 whether the State has established—

9 ‘‘(A) eligibility criteria for property acqui10 sition and other types of mitigation measures;

11 ‘‘(B) requirements for cost effectiveness

12 that are related to the eligibility criteria;

13 ‘‘(C) a system of priorities that is related

14 to the eligibility criteria; and

15 ‘‘(D) a process by which an assessment of

16 the effectiveness of a mitigation action may be

17 carried out after the mitigation action is com18 plete.

19 ‘‘SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRI20 VATE STRUCTURES.

21 ‘‘(a) IN GENERAL.—As a condition of receipt of a dis22 aster loan or grant under this Act—

23 ‘‘(1) the recipient shall carry out any repair or

24 construction to be financed with the loan or grant in

25 accordance with applicable standards of safety, de-
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1 cency, and sanitation and in conformity with appli2 cable codes, specifications, and standards; and

3 ‘‘(2) the President may require safe land use

4 and construction practices, after adequate consulta5 tion with appropriate State and local government of6 ficials.

7 ‘‘(b) EVIDENCE OF COMPLIANCE.—A recipient of a

8 disaster loan or grant under this Act shall provide such

9 evidence of compliance with this section as the President

10 may require by regulation.’’.

11 (b) LOSSES FROM STRAIGHT LINE WINDS.—The

12 President shall increase the maximum percentage specified

13 in the last sentence of section 404(a) of the Robert T.

14 Stafford Disaster Relief and Emergency Assistance Act

15 (42 U.S.C. 5170c(a)) from 15 percent to 20 percent with

16 respect to any major disaster that is in the State of Min17 nesota and for which assistance is being provided as of

18 the date of enactment of this Act, except that additional

19 assistance provided under this subsection shall not exceed

20 $6,000,000. The mitigation measures assisted under this

21 subsection shall be related to losses in the State of Min22 nesota from straight line winds.

23 (c) CONFORMING AMENDMENTS.—
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1 (1) Section 404(a) of the Robert T. Stafford

2 Disaster Relief and Emergency Assistance Act (42

3 U.S.C. 5170c(a)) is amended—

4 (A) in the second sentence, by striking

5 ‘‘section 409’’ and inserting ‘‘section 322’’; and

6 (B) in the third sentence, by striking ‘‘The

7 total’’ and inserting ‘‘Subject to section 322,

8 the total’’.

9 (2) Section 409 of the Robert T. Stafford Dis10 aster Relief and Emergency Assistance Act (42

11 U.S.C. 5176) is repealed.

12 TITLE II—STREAMLINING AND

13 COST REDUCTION

14 SEC. 201. TECHNICAL AMENDMENTS.

15 Section 311 of the Robert T. Stafford Disaster Relief

16 and Emergency Assistance Act (42 U.S.C. 5154) is

17 amended in subsections (a)(1), (b), and (c) by striking

18 ‘‘section 803 of the Public Works and Economic Develop19 ment Act of 1965’’ each place it appears and inserting

20 ‘‘section 209(c)(2) of the Public Works and Economic De21 velopment Act of 1965 (42 U.S.C. 3149(c)(2))’’.

22 SEC. 202. MANAGEMENT COSTS.

23 (a) IN GENERAL.—Title III of the Robert T. Stafford

24 Disaster Relief and Emergency Assistance Act (42 U.S.C.
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1 5141 et seq.) (as amended by section 104(a)) is amended

2 by adding at the end the following:

3 ‘‘SEC. 324. MANAGEMENT COSTS.

4 ‘‘(a) DEFINITION OF MANAGEMENT COST.—In this

5 section, the term ‘management cost’ includes any indirect

6 cost, any administrative expense, and any other expense

7 not directly chargeable to a specific project under a major

8 disaster, emergency, or disaster preparedness or mitiga9 tion activity or measure.

10 ‘‘(b) ESTABLISHMENT OF MANAGEMENT COST

11 RATES.—Notwithstanding any other provision of law (in12 cluding any administrative rule or guidance), the Presi13 dent shall by regulation establish management cost rates,

14 for grantees and subgrantees, that shall be used to deter15 mine contributions under this Act for management costs.

16 ‘‘(c) REVIEW.—The President shall review the man17 agement cost rates established under subsection (b) not

18 later than 3 years after the date of establishment of the

19 rates and periodically thereafter.’’.

20 (b) APPLICABILITY.—

21 (1) IN GENERAL.—Subject to paragraph (2),

22 subsections (a) and (b) of section 324 of the Robert

23 T. Stafford Disaster Relief and Emergency Assist24 ance Act (as added by subsection (a)) shall apply to
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1 major disasters declared under that Act on or after

2 the date of enactment of this Act.

3 (2) INTERIM AUTHORITY.—Until the date on

4 which the President establishes the management

5 cost rates under section 324 of the Robert T. Staf6 ford Disaster Relief and Emergency Assistance Act

7 (as added by subsection (a)), section 406(f) of the

8 Robert T. Stafford Disaster Relief and Emergency

9 Assistance Act (42 U.S.C. 5172(f)) (as in effect on

10 the day before the date of enactment of this Act)

11 shall be used to establish management cost rates.

12 SEC. 203. PUBLIC NOTICE, COMMENT, AND CONSULTATION

13 REQUIREMENTS.

14 Title III of the Robert T. Stafford Disaster Relief

15 and Emergency Assistance Act (42 U.S.C. 5141 et seq.)

16 (as amended by section 202(a)) is amended by adding at

17 the end the following:

18 ‘‘SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION

19 REQUIREMENTS.

20 ‘‘(a) PUBLIC NOTICE AND COMMENT CONCERNING

21 NEW OR MODIFIED POLICIES.—

22 ‘‘(1) IN GENERAL.—The President shall provide

23 for public notice and opportunity for comment be24 fore adopting any new or modified policy that—
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1 ‘‘(A) governs implementation of the public

2 assistance program administered by the Federal

3 Emergency Management Agency under this

4 Act; and

5 ‘‘(B) could result in a significant reduction

6 of assistance under the program.

7 ‘‘(2) APPLICATION.—Any policy adopted under

8 paragraph (1) shall apply only to a major disaster

9 or emergency declared on or after the date on which

10 the policy is adopted.

11 ‘‘(b) CONSULTATION CONCERNING INTERIM POLI12 CIES.—

13 ‘‘(1) IN GENERAL.—Before adopting any in14 terim policy under the public assistance program to

15 address specific conditions that relate to a major

16 disaster or emergency that has been declared under

17 this Act, the President, to the maximum extent

18 practicable, shall solicit the views and recommenda19 tions of grantees and subgrantees with respect to the

20 major disaster or emergency concerning the poten21 tial interim policy, if the interim policy is likely—

22 ‘‘(A) to result in a significant reduction of

23 assistance to applicants for the assistance with

24 respect to the major disaster or emergency; or
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1 ‘‘(B) to change the terms of a written

2 agreement to which the Federal Government is

3 a party concerning the declaration of the major

4 disaster or emergency.

5 ‘‘(2) NO LEGAL RIGHT OF ACTION.—Nothing in

6 this subsection confers a legal right of action on any

7 party.

8 ‘‘(c) PUBLIC ACCESS.—The President shall promote

9 public access to policies governing the implementation of

10 the public assistance program.’’.

11 SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION

12 GRANT PROGRAM.

13 Section 404 of the Robert T. Stafford Disaster Relief

14 and Emergency Assistance Act (42 U.S.C. 5170c) is

15 amended by adding at the end the following:

16 ‘‘(c) PROGRAM ADMINISTRATION BY STATES.—

17 ‘‘(1) IN GENERAL.—A State desiring to admin18 ister the hazard mitigation grant program estab19 lished by this section with respect to hazard mitiga20 tion assistance in the State may submit to the Presi21 dent an application for the delegation of the author22 ity to administer the program.

23 ‘‘(2) CRITERIA.—The President, in consultation

24 and coordination with States and local governments,

25 shall establish criteria for the approval of applica-
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1 tions submitted under paragraph (1). The criteria

2 shall include, at a minimum—

3 ‘‘(A) the demonstrated ability of the State

4 to manage the grant program under this sec5 tion;

6 ‘‘(B) there being in effect an approved

7 mitigation plan under section 322; and

8 ‘‘(C) a demonstrated commitment to miti9 gation activities.

10 ‘‘(3) APPROVAL.—The President shall approve

11 an application submitted under paragraph (1) that

12 meets the criteria established under paragraph (2).

13 ‘‘(4) WITHDRAWAL OF APPROVAL.—If, after

14 approving an application of a State submitted under

15 paragraph (1), the President determines that the

16 State is not administering the hazard mitigation

17 grant program established by this section in a man18 ner satisfactory to the President, the President shall

19 withdraw the approval.

20 ‘‘(5) AUDITS.—The President shall provide for

21 periodic audits of the hazard mitigation grant pro22 grams administered by States under this sub23 section.’’.
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1 SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECON2 STRUCT, OR REPLACE DAMAGED FACILITIES.

3 (a) CONTRIBUTIONS.—Section 406 of the Robert T.

4 Stafford Disaster Relief and Emergency Assistance Act

5 (42 U.S.C. 5172) is amended by striking subsection (a)

6 and inserting the following:

7 ‘‘(a) CONTRIBUTIONS.—

8 ‘‘(1) IN GENERAL.—The President may make

9 contributions—

10 ‘‘(A) to a State or local government for the

11 repair, restoration, reconstruction, or replace12 ment of a public facility damaged or destroyed

13 by a major disaster and for associated expenses

14 incurred by the government; and

15 ‘‘(B) subject to paragraph (3), to a person

16 that owns or operates a private nonprofit facil17 ity damaged or destroyed by a major disaster

18 for the repair, restoration, reconstruction, or re19 placement of the facility and for associated ex20 penses incurred by the person.

21 ‘‘(2) ASSOCIATED EXPENSES.—For the pur22 poses of this section, associated expenses shall

23 include—

24 ‘‘(A) the costs of mobilizing and employing

25 the National Guard for performance of eligible

26 work;
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1 ‘‘(B) the costs of using prison labor to per2 form eligible work, including wages actually

3 paid, transportation to a worksite, and extraor4 dinary costs of guards, food, and lodging; and

5 ‘‘(C) base and overtime wages for the em6 ployees and extra hires of a State, local govern7 ment, or person described in paragraph (1) that

8 perform eligible work, plus fringe benefits on

9 such wages to the extent that such benefits

10 were being paid before the major disaster.

11 ‘‘(3) CONDITIONS FOR ASSISTANCE TO PRIVATE

12 NONPROFIT FACILITIES.—

13 ‘‘(A) IN GENERAL.—The President may

14 make contributions to a private nonprofit facil15 ity under paragraph (1)(B) only if—

16 ‘‘(i) the facility provides critical serv17 ices (as defined by the President) in the

18 event of a major disaster; or

19 ‘‘(ii) the owner or operator of the

20 facility—

21 ‘‘(I) has applied for a disaster

22 loan under section 7(b) of the Small

23 Business Act (15 U.S.C. 636(b)); and

24 ‘‘(II)(aa) has been determined to

25 be ineligible for such a loan; or
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1 ‘‘(bb) has obtained such a loan in

2 the maximum amount for which the

3 Small Business Administration deter4 mines the facility is eligible.

5 ‘‘(B) DEFINITION OF CRITICAL SERV6 ICES.—In this paragraph, the term ‘critical

7 services’ includes power, water (including water

8 provided by an irrigation organization or facil9 ity), sewer, wastewater treatment, communica10 tions, and emergency medical care.

11 ‘‘(4) NOTIFICATION TO CONGRESS.—Before

12 making any contribution under this section in an

13 amount greater than $20,000,000, the President

14 shall notify—

15 ‘‘(A) the Committee on Environment and

16 Public Works of the Senate;

17 ‘‘(B) the Committee on Transportation

18 and Infrastructure of the House of Representa19 tives;

20 ‘‘(C) the Committee on Appropriations of

21 the Senate; and

22 ‘‘(D) the Committee on Appropriations of

23 the House of Representatives.’’.

24 (b) FEDERAL SHARE.—Section 406 of the Robert T.

25 Stafford Disaster Relief and Emergency Assistance Act
29

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1 (42 U.S.C. 5172) is amended by striking subsection (b)

2 and inserting the following:

3 ‘‘(b) FEDERAL SHARE.—

4 ‘‘(1) MINIMUM FEDERAL SHARE.—Except as

5 provided in paragraph (2), the Federal share of as6 sistance under this section shall be not less than 75

7 percent of the eligible cost of repair, restoration, re8 construction, or replacement carried out under this

9 section.

10 ‘‘(2) REDUCED FEDERAL SHARE.—The Presi11 dent shall promulgate regulations to reduce the Fed12 eral share of assistance under this section to not less

13 than 25 percent in the case of the repair, restora14 tion, reconstruction, or replacement of any eligible

15 public facility or private nonprofit facility following

16 an event associated with a major disaster—

17 ‘‘(A) that has been damaged, on more than

18 1 occasion within the preceding 10-year period,

19 by the same type of event; and

20 ‘‘(B) the owner of which has failed to im21 plement appropriate mitigation measures to ad22 dress the hazard that caused the damage to the

23 facility.’’.

24 (c) LARGE IN-LIEU CONTRIBUTIONS.—Section 406

25 of the Robert T. Stafford Disaster Relief and Emergency
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1 Assistance Act (42 U.S.C. 5172) is amended by striking

2 subsection (c) and inserting the following:

3 ‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.—

4 ‘‘(1) FOR PUBLIC FACILITIES.—

5 ‘‘(A) IN GENERAL.—In any case in which

6 a State or local government determines that the

7 public welfare would not best be served by re8 pairing, restoring, reconstructing, or replacing

9 any public facility owned or controlled by the

10 State or local government, the State or local

11 government may elect to receive, in lieu of a

12 contribution under subsection (a)(1)(A), a con13 tribution in an amount equal to 75 percent of

14 the Federal share of the Federal estimate of the

15 cost of repairing, restoring, reconstructing, or

16 replacing the facility and of management ex17 penses.

18 ‘‘(B) AREAS WITH UNSTABLE SOIL.—In

19 any case in which a State or local government

20 determines that the public welfare would not

21 best be served by repairing, restoring, recon22 structing, or replacing any public facility owned

23 or controlled by the State or local government

24 because soil instability in the disaster area

25 makes repair, restoration, reconstruction, or re-
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1 placement infeasible, the State or local govern2 ment may elect to receive, in lieu of a contribu3 tion under subsection (a)(1)(A), a contribution

4 in an amount equal to 90 percent of the Fed5 eral share of the Federal estimate of the cost

6 of repairing, restoring, reconstructing, or re7 placing the facility and of management ex8 penses.

9 ‘‘(C) USE OF FUNDS.—Funds contributed

10 to a State or local government under this para11 graph may be used—

12 ‘‘(i) to repair, restore, or expand other

13 selected public facilities;

14 ‘‘(ii) to construct new facilities; or

15 ‘‘(iii) to fund hazard mitigation meas16 ures that the State or local government de17 termines to be necessary to meet a need

18 for governmental services and functions in

19 the area affected by the major disaster.

20 ‘‘(D) LIMITATIONS.—Funds made avail21 able to a State or local government under this

22 paragraph may not be used for—

23 ‘‘(i) any public facility located in a

24 regulatory floodway (as defined in section
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1 59.1 of title 44, Code of Federal Regula2 tions (or a successor regulation)); or

3 ‘‘(ii) any uninsured public facility lo4 cated in a special flood hazard area identi5 fied by the Director of the Federal Emer6 gency Management Agency under the Na7 tional Flood Insurance Act of 1968 (42

8 U.S.C. 4001 et seq.).

9 ‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.—

10 ‘‘(A) IN GENERAL.—In any case in which

11 a person that owns or operates a private non12 profit facility determines that the public welfare

13 would not best be served by repairing, restor14 ing, reconstructing, or replacing the facility, the

15 person may elect to receive, in lieu of a con16 tribution under subsection (a)(1)(B), a con17 tribution in an amount equal to 75 percent of

18 the Federal share of the Federal estimate of the

19 cost of repairing, restoring, reconstructing, or

20 replacing the facility and of management ex21 penses.

22 ‘‘(B) USE OF FUNDS.—Funds contributed

23 to a person under this paragraph may be

24 used—
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1 ‘‘(i) to repair, restore, or expand other

2 selected private nonprofit facilities owned

3 or operated by the person;

4 ‘‘(ii) to construct new private non5 profit facilities to be owned or operated by

6 the person; or

7 ‘‘(iii) to fund hazard mitigation meas8 ures that the person determines to be nec9 essary to meet a need for the person’s

10 services and functions in the area affected

11 by the major disaster.

12 ‘‘(C) LIMITATIONS.—Funds made available

13 to a person under this paragraph may not be

14 used for—

15 ‘‘(i) any private nonprofit facility lo16 cated in a regulatory floodway (as defined

17 in section 59.1 of title 44, Code of Federal

18 Regulations (or a successor regulation)); or

19 ‘‘(ii) any uninsured private nonprofit

20 facility located in a special flood hazard

21 area identified by the Director of the Fed22 eral Emergency Management Agency

23 under the National Flood Insurance Act of

24 1968 (42 U.S.C. 4001 et seq.).’’.

25 (d) ELIGIBLE COST.—
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1 (1) IN GENERAL.—Section 406 of the Robert T.

2 Stafford Disaster Relief and Emergency Assistance

3 Act (42 U.S.C. 5172) is amended by striking sub4 section (e) and inserting the following:

5 ‘‘(e) ELIGIBLE COST.—

6 ‘‘(1) DETERMINATION.—

7 ‘‘(A) IN GENERAL.—For the purposes of

8 this section, the President shall estimate the eli9 gible cost of repairing, restoring, recon10 structing, or replacing a public facility or pri11 vate nonprofit facility—

12 ‘‘(i) on the basis of the design of the

13 facility as the facility existed immediately

14 before the major disaster; and

15 ‘‘(ii) in conformity with codes, speci16 fications, and standards (including flood17 plain management and hazard mitigation

18 criteria required by the President or under

19 the Coastal Barrier Resources Act (16

20 U.S.C. 3501 et seq.)) applicable at the

21 time at which the disaster occurred.

22 ‘‘(B) COST ESTIMATION PROCEDURES.—

23 ‘‘(i) IN GENERAL.—Subject to para24 graph (2), the President shall use the cost

25 estimation procedures established under
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1 paragraph (3) to determine the eligible

2 cost under this subsection.

3 ‘‘(ii) APPLICABILITY.—The proce4 dures specified in this paragraph and para5 graph (2) shall apply only to projects the

6 eligible cost of which is equal to or greater

7 than the amount specified in section 422.

8 ‘‘(2) MODIFICATION OF ELIGIBLE COST.—

9 ‘‘(A) ACTUAL COST GREATER THAN CEIL10 ING PERCENTAGE OF ESTIMATED COST.—In

11 any case in which the actual cost of repairing,

12 restoring, reconstructing, or replacing a facility

13 under this section is greater than the ceiling

14 percentage established under paragraph (3) of

15 the cost estimated under paragraph (1), the

16 President may determine that the eligible cost

17 includes a portion of the actual cost of the re18 pair, restoration, reconstruction, or replacement

19 that exceeds the cost estimated under para20 graph (1).

21 ‘‘(B) ACTUAL COST LESS THAN ESTI22 MATED COST.—

23 ‘‘(i) GREATER THAN OR EQUAL TO

24 FLOOR PERCENTAGE OF ESTIMATED

25 COST.—In any case in which the actual
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1 cost of repairing, restoring, reconstructing,

2 or replacing a facility under this section is

3 less than 100 percent of the cost estimated

4 under paragraph (1), but is greater than

5 or equal to the floor percentage established

6 under paragraph (3) of the cost estimated

7 under paragraph (1), the State or local

8 government or person receiving funds

9 under this section shall use the excess

10 funds to carry out cost-effective activities

11 that reduce the risk of future damage,

12 hardship, or suffering from a major dis13 aster.

14 ‘‘(ii) LESS THAN FLOOR PERCENTAGE

15 OF ESTIMATED COST.—In any case in

16 which the actual cost of repairing, restor17 ing, reconstructing, or replacing a facility

18 under this section is less than the floor

19 percentage established under paragraph

20 (3) of the cost estimated under paragraph

21 (1), the State or local government or per22 son receiving assistance under this section

23 shall reimburse the President in the

24 amount of the difference.
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1 ‘‘(C) NO EFFECT ON APPEALS PROCESS.—

2 Nothing in this paragraph affects any right of

3 appeal under section 423.

4 ‘‘(3) EXPERT PANEL.—

5 ‘‘(A) ESTABLISHMENT.—Not later than 18

6 months after the date of enactment of this

7 paragraph, the President, acting through the

8 Director of the Federal Emergency Manage9 ment Agency, shall establish an expert panel,

10 which shall include representatives from the

11 construction industry and State and local gov12 ernment.

13 ‘‘(B) DUTIES.—The expert panel shall de14 velop recommendations concerning—

15 ‘‘(i) procedures for estimating the cost

16 of repairing, restoring, reconstructing, or

17 replacing a facility consistent with industry

18 practices; and

19 ‘‘(ii) the ceiling and floor percentages

20 referred to in paragraph (2).

21 ‘‘(C) REGULATIONS.—Taking into account

22 the recommendations of the expert panel under

23 subparagraph (B), the President shall promul24 gate regulations that establish—
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1 ‘‘(i) cost estimation procedures de2 scribed in subparagraph (B)(i); and

3 ‘‘(ii) the ceiling and floor percentages

4 referred to in paragraph (2).

5 ‘‘(D) REVIEW BY PRESIDENT.—Not later

6 than 2 years after the date of promulgation of

7 regulations under subparagraph (C) and peri8 odically thereafter, the President shall review

9 the cost estimation procedures and the ceiling

10 and floor percentages established under this

11 paragraph.

12 ‘‘(E) REPORT TO CONGRESS.—Not later

13 than 1 year after the date of promulgation of

14 regulations under subparagraph (C), 3 years

15 after that date, and at the end of each 2-year

16 period thereafter, the expert panel shall submit

17 to Congress a report on the appropriateness of

18 the cost estimation procedures.

19 ‘‘(4) SPECIAL RULE.—In any case in which the

20 facility being repaired, restored, reconstructed, or re21 placed under this section was under construction on

22 the date of the major disaster, the cost of repairing,

23 restoring, reconstructing, or replacing the facility

24 shall include, for the purposes of this section, only

25 those costs that, under the contract for the construc-
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1 tion, are the owner’s responsibility and not the con2 tractor’s responsibility.’’.

3 (2) EFFECTIVE DATE.—The amendment made

4 by paragraph (1) takes effect on the date of enact5 ment of this Act and applies to funds appropriated

6 after the date of enactment of this Act, except that

7 paragraph (1) of section 406(e) of the Robert T.

8 Stafford Disaster Relief and Emergency Assistance

9 Act (as amended by paragraph (1)) takes effect on

10 the date on which the cost estimation procedures es11 tablished under paragraph (3) of that section take

12 effect.

13 (e) CONFORMING AMENDMENT.—Section 406 of the

14 Robert T. Stafford Disaster Relief and Emergency Assist15 ance Act (42 U.S.C. 5172) is amended by striking sub16 section (f).

17 SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND

18 HOUSEHOLDS.

19 (a) IN GENERAL.—Section 408 of the Robert T.

20 Stafford Disaster Relief and Emergency Assistance Act

21 (42 U.S.C. 5174) is amended to read as follows:

22 ‘‘SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND

23 HOUSEHOLDS.

24 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) PROVISION OF ASSISTANCE.—In accord2 ance with this section, the President, in consultation

3 with the Governor of a State, may provide financial

4 assistance, and, if necessary, direct services, to indi5 viduals and households in the State who, as a direct

6 result of a major disaster, have necessary expenses

7 and serious needs in cases in which the individuals

8 and households are unable to meet such expenses or

9 needs through other means.

10 ‘‘(2) RELATIONSHIP TO OTHER ASSISTANCE.—

11 Under paragraph (1), an individual or household

12 shall not be denied assistance under paragraph (1),

13 (3), or (4) of subsection (c) solely on the basis that

14 the individual or household has not applied for or re15 ceived any loan or other financial assistance from

16 the Small Business Administration or any other

17 Federal agency.

18 ‘‘(b) HOUSING ASSISTANCE.—

19 ‘‘(1) ELIGIBILITY.—The President may provide

20 financial or other assistance under this section to in21 dividuals and households to respond to the disaster22 related housing needs of individuals and households

23 who are displaced from their predisaster primary

24 residences or whose predisaster primary residences
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1 are rendered uninhabitable as a result of damage

2 caused by a major disaster.

3 ‘‘(2) DETERMINATION OF APPROPRIATE TYPES

4 OF ASSISTANCE.—

5 ‘‘(A) IN GENERAL.—The President shall

6 determine appropriate types of housing assist7 ance to be provided under this section to indi8 viduals and households described in subsection

9 (a)(1) based on considerations of cost effective10 ness, convenience to the individuals and house11 holds, and such other factors as the President

12 may consider appropriate.

13 ‘‘(B) MULTIPLE TYPES OF ASSISTANCE.—

14 One or more types of housing assistance may be

15 made available under this section, based on the

16 suitability and availability of the types of assist17 ance, to meet the needs of individuals and

18 households in the particular disaster situation.

19 ‘‘(c) TYPES OF HOUSING ASSISTANCE.—

20 ‘‘(1) TEMPORARY HOUSING.—

21 ‘‘(A) FINANCIAL ASSISTANCE.—

22 ‘‘(i) IN GENERAL.—The President

23 may provide financial assistance to individ24 uals or households to rent alternate hous25 ing accommodations, existing rental units,
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1 manufactured housing, recreational vehi2 cles, or other readily fabricated dwellings.

3 ‘‘(ii) AMOUNT.—The amount of as4 sistance under clause (i) shall be based on

5 the fair market rent for the accommoda6 tion provided plus the cost of any transpor7 tation, utility hookups, or unit installation

8 not provided directly by the President.

9 ‘‘(B) DIRECT ASSISTANCE.—

10 ‘‘(i) IN GENERAL.—The President

11 may provide temporary housing units, ac12 quired by purchase or lease, directly to in13 dividuals or households who, because of a

14 lack of available housing resources, would

15 be unable to make use of the assistance

16 provided under subparagraph (A).

17 ‘‘(ii) PERIOD OF ASSISTANCE.—The

18 President may not provide direct assist19 ance under clause (i) with respect to a

20 major disaster after the end of the 18-

21 month period beginning on the date of the

22 declaration of the major disaster by the

23 President, except that the President may

24 extend that period if the President deter25 mines that due to extraordinary cir-
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1 cumstances an extension would be in the

2 public interest.

3 ‘‘(iii) COLLECTION OF RENTAL

4 CHARGES.—After the end of the 18-month

5 period referred to in clause (ii), the Presi6 dent may charge fair market rent for each

7 temporary housing unit provided.

8 ‘‘(2) REPAIRS.—

9 ‘‘(A) IN GENERAL.—The President may

10 provide financial assistance for—

11 ‘‘(i) the repair of owner-occupied pri12 vate residences, utilities, and residential in13 frastructure (such as a private access

14 route) damaged by a major disaster to a

15 safe and sanitary living or functioning con16 dition; and

17 ‘‘(ii) eligible hazard mitigation meas18 ures that reduce the likelihood of future

19 damage to such residences, utilities, or in20 frastructure.

21 ‘‘(B) RELATIONSHIP TO OTHER ASSIST22 ANCE.—A recipient of assistance provided

23 under this paragraph shall not be required to

24 show that the assistance can be met through

25 other means, except insurance proceeds.
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1 ‘‘(C) MAXIMUM AMOUNT OF ASSIST2 ANCE.—The amount of assistance provided to a

3 household under this paragraph shall not ex4 ceed $5,000, as adjusted annually to reflect

5 changes in the Consumer Price Index for All

6 Urban Consumers published by the Department

7 of Labor.

8 ‘‘(3) REPLACEMENT.—

9 ‘‘(A) IN GENERAL.—The President may

10 provide financial assistance for the replacement

11 of owner-occupied private residences damaged

12 by a major disaster.

13 ‘‘(B) MAXIMUM AMOUNT OF ASSIST14 ANCE.—The amount of assistance provided to a

15 household under this paragraph shall not ex16 ceed $10,000, as adjusted annually to reflect

17 changes in the Consumer Price Index for All

18 Urban Consumers published by the Department

19 of Labor.

20 ‘‘(C) APPLICABILITY OF FLOOD INSUR21 ANCE REQUIREMENT.—With respect to assist22 ance provided under this paragraph, the Presi23 dent may not waive any provision of Federal

24 law requiring the purchase of flood insurance as
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1 a condition of the receipt of Federal disaster as2 sistance.

3 ‘‘(4) PERMANENT HOUSING CONSTRUCTION.—

4 The President may provide financial assistance or

5 direct assistance to individuals or households to con6 struct permanent housing in insular areas outside

7 the continental United States and in other remote

8 locations in cases in which—

9 ‘‘(A) no alternative housing resources are

10 available; and

11 ‘‘(B) the types of temporary housing as12 sistance described in paragraph (1) are unavail13 able, infeasible, or not cost-effective.

14 ‘‘(d) TERMS AND CONDITIONS RELATING TO HOUS15 ING ASSISTANCE.—

16 ‘‘(1) SITES.—

17 ‘‘(A) IN GENERAL.—Any readily fabricated

18 dwelling provided under this section shall,

19 whenever practicable, be located on a site

20 that—

21 ‘‘(i) is complete with utilities; and

22 ‘‘(ii) is provided by the State or local

23 government, by the owner of the site, or by

24 the occupant who was displaced by the

25 major disaster.
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1 ‘‘(B) SITES PROVIDED BY THE PRESI2 DENT.—A readily fabricated dwelling may be

3 located on a site provided by the President if

4 the President determines that such a site would

5 be more economical or accessible.

6 ‘‘(2) DISPOSAL OF UNITS.—

7 ‘‘(A) SALE TO OCCUPANTS.—

8 ‘‘(i) IN GENERAL.—Notwithstanding

9 any other provision of law, a temporary

10 housing unit purchased under this section

11 by the President for the purpose of hous12 ing disaster victims may be sold directly to

13 the individual or household who is occu14 pying the unit if the individual or house15 hold lacks permanent housing.

16 ‘‘(ii) SALE PRICE.—A sale of a tem17 porary housing unit under clause (i) shall

18 be at a price that is fair and equitable.

19 ‘‘(iii) DEPOSIT OF PROCEEDS.—Not20 withstanding any other provision of law,

21 the proceeds of a sale under clause (i) shall

22 be deposited in the appropriate Disaster

23 Relief Fund account.

24 ‘‘(iv) HAZARD AND FLOOD INSUR25 ANCE.—A sale of a temporary housing unit
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1 under clause (i) shall be made on the con2 dition that the individual or household pur3 chasing the housing unit agrees to obtain

4 and maintain hazard and flood insurance

5 on the housing unit.

6 ‘‘(v) USE OF GSA SERVICES.—The

7 President may use the services of the Gen8 eral Services Administration to accomplish

9 a sale under clause (i).

10 ‘‘(B) OTHER METHODS OF DISPOSAL.—If

11 not disposed of under subparagraph (A), a tem12 porary housing unit purchased under this sec13 tion by the President for the purpose of housing

14 disaster victims—

15 ‘‘(i) may be sold to any person; or

16 ‘‘(ii) may be sold, transferred, do17 nated, or otherwise made available directly

18 to a State or other governmental entity or

19 to a voluntary organization for the sole

20 purpose of providing temporary housing to

21 disaster victims in major disasters and

22 emergencies if, as a condition of the sale,

23 transfer, or donation, the State, other gov24 ernmental agency, or voluntary organiza25 tion agrees—
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1 ‘‘(I) to comply with the non2 discrimination provisions of section

3 308; and

4 ‘‘(II) to obtain and maintain haz5 ard and flood insurance on the hous6 ing unit.

7 ‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS OTHER

8 NEEDS.—

9 ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EX10 PENSES.—The President, in consultation with the

11 Governor of a State, may provide financial assist12 ance under this section to an individual or household

13 in the State who is adversely affected by a major

14 disaster to meet disaster-related medical, dental, and

15 funeral expenses.

16 ‘‘(2) PERSONAL PROPERTY, TRANSPORTATION,

17 AND OTHER EXPENSES.—The President, in con18 sultation with the Governor of a State, may provide

19 financial assistance under this section to an indi20 vidual or household described in paragraph (1) to

21 address personal property, transportation, and other

22 necessary expenses or serious needs resulting from

23 the major disaster.

24 ‘‘(f) STATE ROLE.—
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1 ‘‘(1) FINANCIAL ASSISTANCE TO ADDRESS

2 OTHER NEEDS.—

3 ‘‘(A) GRANT TO STATE.—Subject to sub4 section (g), a Governor may request a grant

5 from the President to provide financial assist6 ance to individuals and households in the State

7 under subsection (e).

8 ‘‘(B) ADMINISTRATIVE COSTS.—A State

9 that receives a grant under subparagraph (A)

10 may expend not more than 5 percent of the

11 amount of the grant for the administrative

12 costs of providing financial assistance to indi13 viduals and households in the State under sub14 section (e).

15 ‘‘(2) ACCESS TO RECORDS.—In providing as16 sistance to individuals and households under this

17 section, the President shall provide for the substan18 tial and ongoing involvement of the States in which

19 the individuals and households are located, including

20 by providing to the States access to the electronic

21 records of individuals and households receiving as22 sistance under this section in order for the States to

23 make available any additional State and local assist24 ance to the individuals and households.

25 ‘‘(g) COST SHARING.—
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1 ‘‘(1) FEDERAL SHARE.—Except as provided in

2 paragraph (2), the Federal share of the costs eligible

3 to be paid using assistance provided under this sec4 tion shall be 100 percent.

5 ‘‘(2) FINANCIAL ASSISTANCE TO ADDRESS

6 OTHER NEEDS.—In the case of financial assistance

7 provided under subsection (e)—

8 ‘‘(A) the Federal share shall be 75 percent;

9 and

10 ‘‘(B) the non-Federal share shall be paid

11 from funds made available by the State.

12 ‘‘(h) MAXIMUM AMOUNT OF ASSISTANCE.—

13 ‘‘(1) IN GENERAL.—No individual or household

14 shall receive financial assistance greater than

15 $25,000 under this section with respect to a single

16 major disaster.

17 ‘‘(2) ADJUSTMENT OF LIMIT.—The limit estab18 lished under paragraph (1) shall be adjusted annu19 ally to reflect changes in the Consumer Price Index

20 for All Urban Consumers published by the Depart21 ment of Labor.

22 ‘‘(i) RULES AND REGULATIONS.—The President shall

23 prescribe rules and regulations to carry out this section,

24 including criteria, standards, and procedures for deter25 mining eligibility for assistance.’’.
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1 (b) CONFORMING AMENDMENT.—Section 502(a)(6)

2 of the Robert T. Stafford Disaster Relief and Emergency

3 Assistance Act (42 U.S.C. 5192(a)(6)) is amended by

4 striking ‘‘temporary housing’’.

5 (c) ELIMINATION OF INDIVIDUAL AND FAMILY

6 GRANT PROGRAMS.—Section 411 of the Robert T. Staf7 ford Disaster Relief and Emergency Assistance Act (42

8 U.S.C. 5178) is repealed.

9 (d) EFFECTIVE DATE.—The amendments made by

10 this section take effect 18 months after the date of enact11 ment of this Act.

12 SEC. 207. COMMUNITY DISASTER LOANS.

13 Section 417 of the Robert T. Stafford Disaster Relief

14 and Emergency Assistance Act (42 U.S.C. 5184) is

15 amended—

16 (1) by striking ‘‘(a) The President’’ and insert17 ing the following:

18 ‘‘(a) IN GENERAL.—The President’’;

19 (2) by striking ‘‘The amount’’ and inserting the

20 following:

21 ‘‘(b) AMOUNT.—The amount’’;

22 (3) by striking ‘‘Repayment’’ and inserting the

23 following:

24 ‘‘(c) REPAYMENT.—

25 ‘‘(1) CANCELLATION.—Repayment’’;
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1 (4) by striking ‘‘(b) Any loans’’ and inserting

2 the following:

3 ‘‘(d) EFFECT ON OTHER ASSISTANCE.—Any loans’’;

4 (5) in subsection (b) (as designated by para5 graph (2))—

6 (A) by striking ‘‘and shall’’ and inserting

7 ‘‘shall’’; and

8 (B) by inserting before the period at the

9 end the following: ‘‘, and shall not exceed

10 $5,000,000’’; and

11 (6) in subsection (c) (as designated by para12 graph (3)), by adding at the end the following:

13 ‘‘(2) CONDITION ON CONTINUING ELIGI14 BILITY.—A local government shall not be eligible for

15 further assistance under this section during any pe16 riod in which the local government is in arrears with

17 respect to a required repayment of a loan under this

18 section.’’.

19 SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DIS20 ASTERS INITIATIVE.

21 Not later than 3 years after the date of enactment

22 of this Act, the President shall submit to Congress a re23 port describing the results of the State Management of

24 Small Disasters Initiative, including—
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1 (1) identification of any administrative or finan2 cial benefits of the initiative; and

3 (2) recommendations concerning the conditions,

4 if any, under which States should be allowed the op5 tion to administer parts of the assistance program

6 under section 406 of the Robert T. Stafford Disaster

7 Relief and Emergency Assistance Act (42 U.S.C.

8 5172).

9 SEC. 209. STUDY REGARDING COST REDUCTION.

10 Not later than 3 years after the date of enactment

11 of this Act, the Director of the Congressional Budget Of12 fice shall complete a study estimating the reduction in

13 Federal disaster assistance that has resulted and is likely

14 to result from the enactment of this Act.

15 TITLE III—MISCELLANEOUS

16 SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

17 The first section of the Robert T. Stafford Disaster

18 Relief and Emergency Assistance Act (42 U.S.C. 5121

19 note) is amended to read as follows:

20 ‘‘SECTION 1. SHORT TITLE.

21 ‘‘This Act may be cited as the ‘Robert T. Stafford

22 Disaster Relief and Emergency Assistance Act’.’’.
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1 SEC. 302. DEFINITIONS.

2 Section 102 of the Robert T. Stafford Disaster Relief

3 and Emergency Assistance Act (42 U.S.C. 5122) is

4 amended—

5 (1) in each of paragraphs (3) and (4), by strik6 ing ‘‘the Northern’’ and all that follows through

7 ‘‘Pacific Islands’’ and inserting ‘‘and the Common8 wealth of the Northern Mariana Islands’’;

9 (2) by striking paragraph (6) and inserting the

10 following:

11 ‘‘(6) LOCAL GOVERNMENT.—The term ‘local

12 government’ means—

13 ‘‘(A) a county, municipality, city, town,

14 township, local public authority, school district,

15 special district, intrastate district, council of

16 governments (regardless of whether the council

17 of governments is incorporated as a nonprofit

18 corporation under State law), regional or inter19 state government entity, or agency or instru20 mentality of a local government;

21 ‘‘(B) an Indian tribe or authorized tribal

22 organization, or Alaska Native village or organi23 zation; and

24 ‘‘(C) a rural community, unincorporated

25 town or village, or other public entity, for which
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1 an application for assistance is made by a State

2 or political subdivision of a State.’’; and

3 (3) in paragraph (9), by inserting ‘‘irrigation,’’

4 after ‘‘utility,’’.

5 SEC. 303. FIRE MANAGEMENT ASSISTANCE.

6 (a) IN GENERAL.—Section 420 of the Robert T.

7 Stafford Disaster Relief and Emergency Assistance Act

8 (42 U.S.C. 5187) is amended to read as follows:

9 ‘‘SEC. 420. FIRE MANAGEMENT ASSISTANCE.

10 ‘‘(a) IN GENERAL.—The President is authorized to

11 provide assistance, including grants, equipment, supplies,

12 and personnel, to any State or local government for the

13 mitigation, management, and control of any fire on public

14 or private forest land or grassland that threatens such de15 struction as would constitute a major disaster.

16 ‘‘(b) COORDINATION WITH STATE AND TRIBAL DE17 PARTMENTS OF FORESTRY.—In providing assistance

18 under this section, the President shall coordinate with

19 State and tribal departments of forestry.

20 ‘‘(c) ESSENTIAL ASSISTANCE.—In providing assist21 ance under this section, the President may use the author22 ity provided under section 403.

23 ‘‘(d) RULES AND REGULATIONS.—The President

24 shall prescribe such rules and regulations as are necessary

25 to carry out this section.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) takes effect 1 year after the date of enact3 ment of this Act.

4 SEC. 304. PRESIDENT’S COUNCIL ON DOMESTIC TER5 RORISM PREPAREDNESS.

6 Title VI of the Robert T. Stafford Disaster Relief and

7 Emergency Assistance Act (42 U.S.C. 5195 et seq.) is

8 amended by adding at the end the following:

9 ‘‘Subtitle C—President’s Council on

10 Domestic Terrorism Preparedness

11 ‘‘SEC. 651. ESTABLISHMENT OF COUNCIL.

12 ‘‘(a) IN GENERAL.—There is established a council to

13 be known as the President’s Council on Domestic Ter14 rorism Preparedness (in this subtitle referred to as the

15 ‘Council’).

16 ‘‘(b) MEMBERSHIP.—The Council shall be composed

17 of the following members:

18 ‘‘(1) The President.

19 ‘‘(2) The Director of the Federal Emergency

20 Management Agency.

21 ‘‘(3) The Attorney General.

22 ‘‘(4) The Secretary of Defense.

23 ‘‘(5) The Director of the Office of Management

24 and Budget.
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1 ‘‘(6) The Assistant to the President for Na2 tional Security Affairs.

3 ‘‘(7) Any additional members appointed by the

4 President.

5 ‘‘(c) CHAIRMAN.—

6 ‘‘(1) IN GENERAL.—The President shall serve

7 as the chairman of the Council.

8 ‘‘(2) EXECUTIVE CHAIRMAN.—The President

9 may appoint an Executive Chairman of the Council

10 (in this subtitle referred to as the ‘Executive Chair11 man’). The Executive Chairman shall represent the

12 President as chairman of the Council, including in

13 communications with Congress and State Governors.

14 ‘‘(3) SENATE CONFIRMATION.—An individual

15 selected to be the Executive Chairman under para16 graph (2) shall be appointed by and with the advice

17 and consent of the Senate, except that Senate con18 firmation shall not be required if, on the date of ap19 pointment, the individual holds a position for which

20 Senate confirmation was required.

21 ‘‘(d) FIRST MEETING.—The first meeting of the

22 Council shall be held not later than 90 days after the date

23 of the enactment of this Act.

24 ‘‘SEC. 652. DUTIES OF COUNCIL.

25 ‘‘The Council shall carry out the following duties:
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1 ‘‘(1) Establish the policies, objectives, and pri2 orities of the Federal Government for enhancing the

3 capabilities of State and local emergency prepared4 ness and response personnel in early detection and

5 warning of and response to all domestic terrorist at6 tacks, including attacks involving weapons of mass

7 destruction.

8 ‘‘(2) Publish a Domestic Terrorism Prepared9 ness Plan and an annual strategy for carrying out

10 the plan in accordance with section 653, including

11 the end state of preparedness for emergency re12 sponders established under section 653(b)(1)(D).

13 ‘‘(3) To the extent practicable, rely on existing

14 resources (including planning documents, equipment

15 lists, and program inventories) in the execution of

16 its duties.

17 ‘‘(4) Consult with and utilize existing inter18 agency boards and committees, existing govern19 mental entities, and non-governmental organizations

20 in the execution of its duties.

21 ‘‘(5) Ensure that a biennial review of the ter22 rorist attack preparedness programs of State and

23 local governmental entities is conducted and provide

24 recommendations to the entities based on the re25 views.
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1 ‘‘(6) Provide for the creation of a State and

2 local advisory group for the Council, to be composed

3 of individuals involved in State and local emergency

4 preparedness and response to terrorist attacks.

5 ‘‘(7) Provide for the establishment by the Coun6 cil’s State and local advisory group of voluntary

7 guidelines for the terrorist attack preparedness pro8 grams of State and local governmental entities in ac9 cordance with section 655.

10 ‘‘(8) Designate a Federal entity to consult with,

11 and serve as a contact for, State and local govern12 mental entities implementing terrorist attack pre13 paredness programs.

14 ‘‘(9) Coordinate and oversee the implementation

15 by Federal departments and agencies of the policies,

16 objectives, and priorities established under para17 graph (1) and the fulfillment of the responsibilities

18 of such departments and agencies under the Domes19 tic Terrorism Preparedness Plan.

20 ‘‘(10) Make recommendations to the heads of

21 appropriate Federal departments and agencies

22 regarding—

23 ‘‘(A) changes in the organization, manage24 ment, and resource allocations of the depart25 ments and agencies; and
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1 ‘‘(B) the allocation of personnel to and

2 within the departments and agencies,

3 to implement the Domestic Terrorism Preparedness

4 Plan.

5 ‘‘(11) Assess all Federal terrorism preparedness

6 programs and ensure that each program complies

7 with the Domestic Terrorism Preparedness Plan.

8 ‘‘(12) Identify duplication, fragmentation, and

9 overlap within Federal terrorism preparedness pro10 grams and eliminate such duplication, fragmentation

11 and overlap.

12 ‘‘(13) Evaluate Federal emergency response as13 sets and make recommendations regarding the orga14 nization, need, and geographic location of such as15 sets.

16 ‘‘(14) Establish general policies regarding fi17 nancial assistance to States based on potential risk

18 and threat, response capabilities, and ability to

19 achieve the end state of preparedness for emergency

20 responders established under section 653(b)(1)(D).

21 ‘‘(15) Notify a Federal department or agency in

22 writing if the Council finds that its policies are not

23 in compliance with its responsibilities under the Do24 mestic Terrorism Preparedness Plan.
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1 ‘‘SEC. 653. DOMESTIC TERRORISM PREPAREDNESS PLAN

2 AND ANNUAL STRATEGY.

3 ‘‘(a) DEVELOPMENT OF PLAN.—Not later than 180

4 days after the date of the first meeting of the Council,

5 the Council shall develop a Domestic Terrorism Prepared6 ness Plan and transmit a copy of the plan to Congress.

7 ‘‘(b) CONTENTS.—

8 ‘‘(1) IN GENERAL.—The Domestic Terrorism

9 Preparedness Plan shall include the following:

10 ‘‘(A) A statement of the policies, objec11 tives, and priorities established by the Council

12 under section 652(1).

13 ‘‘(B) A plan for implementing such poli14 cies, objectives, and priorities that is based on

15 a threat, risk, and capability assessment and in16 cludes measurable objectives to be achieved in

17 each of the following 5 years for enhancing do18 mestic preparedness against a terrorist attack.

19 ‘‘(C) A description of the specific role of

20 each Federal department and agency, and the

21 roles of State and local governmental entities,

22 under the plan developed under subparagraph

23 (B).

24 ‘‘(D) A definition of an end state of pre25 paredness for emergency responders that sets
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1 forth measurable, minimum standards of ac2 ceptability for preparedness.

3 ‘‘(2) EVALUATION OF FEDERAL RESPONSE

4 TEAMS.—In preparing the description under para5 graph (1)(C), the Council shall evaluate each Fed6 eral response team and the assistance that the team

7 offers to State and local emergency personnel when

8 responding to a terrorist attack. The evaluation shall

9 include an assessment of how the Federal response

10 team will assist State and local emergency personnel

11 after the personnel has achieved the end state of

12 preparedness for emergency responders established

13 under paragraph (1)(D).

14 ‘‘(c) ANNUAL STRATEGY.—

15 ‘‘(1) IN GENERAL.—The Council shall develop

16 and transmit to Congress, on the date of transmittal

17 of the Domestic Terrorism Preparedness Plan and,

18 in each of the succeeding 4 fiscal years, on the date

19 that the President submits an annual budget to Con20 gress in accordance with section 1105(a) of title 31,

21 United States Code, an annual strategy for carrying

22 out the Domestic Terrorism Preparedness Plan in

23 the fiscal year following the fiscal year in which the

24 strategy is submitted.
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1 ‘‘(2) CONTENTS.—The annual strategy for a

2 fiscal year shall include the following:

3 ‘‘(A) An inventory of Federal training and

4 exercise programs, response teams, grant pro5 grams, and other programs and activities re6 lated to domestic preparedness against a ter7 rorist attack conducted in the preceding fiscal

8 year and a determination as to whether any of

9 such programs or activities may be duplicative.

10 The inventory shall consist of a complete de11 scription of each such program and activity, in12 cluding the funding level and purpose of and

13 goal to be achieved by the program or activity.

14 ‘‘(B) If the Council determines under sub15 paragraph (A) that certain programs and activi16 ties are duplicative, a detailed plan for consoli17 dating, eliminating, or modifying the programs

18 and activities.

19 ‘‘(C) An inventory of Federal training and

20 exercise programs, grant programs, response

21 teams, and other programs and activities to be

22 conducted in such fiscal year under the Domes23 tic Terrorism Preparedness Plan and measur24 able objectives to be achieved in such fiscal year

25 for enhancing domestic preparedness against a
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1 terrorist attack. The inventory shall provide for

2 implementation of any plan developed under

3 subparagraph (B), relating to duplicative pro4 grams and activities.

5 ‘‘(D) A complete assessment of how re6 source allocation recommendations developed

7 under section 654(a) are intended to implement

8 the annual strategy.

9 ‘‘(d) CONSULTATION.—

10 ‘‘(1) IN GENERAL.—In developing the Domestic

11 Terrorism Preparedness Plan and each annual strat12 egy for carrying out the plan, the Council shall con13 sult with—

14 ‘‘(A) the head of each Federal department

15 and agency that will have responsibilities under

16 the Domestic Terrorism Preparedness Plan or

17 annual strategy;

18 ‘‘(B) Congress;

19 ‘‘(C) State and local officials;

20 ‘‘(D) congressionally authorized panels;

21 and

22 ‘‘(E) emergency preparedness organiza23 tions with memberships that include State and

24 local emergency responders.
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1 ‘‘(2) REPORTS.—As part of the Domestic Ter2 rorism Preparedness Plan and each annual strategy

3 for carrying out the plan, the Council shall include

4 a written statement indicating the persons consulted

5 under this subsection and the recommendations

6 made by such persons.

7 ‘‘(e) TRANSMISSION OF CLASSIFIED INFORMA8 TION.—Any part of the Domestic Terrorism Preparedness

9 Plan or an annual strategy for carrying out the plan that

10 involves information properly classified under criteria es11 tablished by an Executive order shall be presented to Con12 gress separately.

13 ‘‘(f) RISK OF TERRORIST ATTACKS AGAINST TRANS14 PORTATION FACILITIES.—

15 ‘‘(1) IN GENERAL.—In developing the plan and

16 risk assessment under subsection (b), the Council

17 shall designate an entity to assess the risk of ter18 rorist attacks against transportation facilities, per19 sonnel, and passengers.

20 ‘‘(2) CONTENTS.—In developing the plan and

21 risk assessment under subsection (b), the Council

22 shall ensure that the following three tasks are ac23 complished:

24 ‘‘(A) An examination of the extent to

25 which transportation facilities, personnel, and
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1 passengers have been the target of terrorist at2 tacks and the extent to which such facilities,

3 personnel, and passengers are vulnerable to

4 such attacks.

5 ‘‘(B) An evaluation of Federal laws that

6 can be used to combat terrorist attacks against

7 transportation facilities, personnel, and pas8 sengers, and the extent to which such laws are

9 enforced. The evaluation may also include a re10 view of applicable State laws.

11 ‘‘(C) An evaluation of available tech12 nologies and practices to determine the best

13 means of protecting transportation facilities,

14 personnel, and passengers against terrorist at15 tacks.

16 ‘‘(3) CONSULTATION.—In developing the plan

17 and risk assessment under subsection (b), the Coun18 cil shall consult with the Secretary of Transpor19 tation, representatives of persons providing transpor20 tation, and representatives of employees of such per21 sons.

22 ‘‘(g) MONITORING.—The Council, with the assistance

23 of the Inspector General of the relevant Federal depart24 ment or agency as needed, shall monitor the implementa25 tion of the Domestic Terrorism Preparedness Plan, includ-
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1 ing conducting program and performance audits and eval2 uations.

3 ‘‘SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.

4 ‘‘(a) RECOMMENDATIONS REGARDING RESOURCE

5 ALLOCATIONS.—

6 ‘‘(1) TRANSMITTAL TO COUNCIL.—Each Fed7 eral Government program manager, agency head,

8 and department head with responsibilities under the

9 Domestic Terrorism Preparedness Plan shall trans10 mit to the Council for each fiscal year recommended

11 resource allocations for programs and activities re12 lating to such responsibilities on or before the earlier

13 of—

14 ‘‘(A) the 45th day before the date of the

15 budget submission of the department or agency

16 to the Director of the Office of Management

17 and Budget for the fiscal year; or

18 ‘‘(B) August 15 of the fiscal year pre19 ceding the fiscal year for which the rec20 ommendations are being made.

21 ‘‘(2) TRANSMITTAL TO THE OFFICE OF MAN22 AGEMENT AND BUDGET.—The Council shall develop

23 for each fiscal year recommendations regarding re24 source allocations for each program and activity

25 identified in the annual strategy completed under
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1 section 653 for the fiscal year. Such recommenda2 tions shall be submitted to the relevant departments

3 and agencies and to the Director of the Office of

4 Management and Budget. The Director of the Office

5 of Management and Budget shall consider such rec6 ommendations in formulating the annual budget of

7 the President submitted to Congress under section

8 1105(a) of title 31, United States Code, and shall

9 provide to the Council a written explanation in any

10 case in which the Director does not accept such a

11 recommendation.

12 ‘‘(3) RECORDS.—The Council shall maintain

13 records regarding recommendations made and writ14 ten explanations received under paragraph (2) and

15 shall provide such records to Congress upon request.

16 The Council may not fulfill such a request before the

17 date of submission of the relevant annual budget of

18 the President to Congress under section 1105(a) of

19 title 31, United States Code.

20 ‘‘(4) NEW PROGRAMS OR REALLOCATION OF

21 RESOURCES.—The head of a Federal department or

22 agency shall consult with the Council before acting

23 to enhance the capabilities of State and local emer24 gency preparedness and response personnel with re25 spect to terrorist attacks by—
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1 ‘‘(A) establishing a new program or office;

2 or

3 ‘‘(B) reallocating resources, including Fed4 eral response teams.

5 ‘‘SEC. 655. VOLUNTARY GUIDELINES FOR STATE AND

6 LOCAL PROGRAMS.

7 ‘‘The Council shall provide for the establishment of

8 voluntary guidelines for the terrorist attack preparedness

9 programs of State and local governmental entities for the

10 purpose of providing guidance in the development and im11 plementation of such programs. The guidelines shall ad12 dress equipment, exercises, and training and shall estab13 lish a desired threshold level of preparedness for State and

14 local emergency responders.

15 ‘‘SEC. 656. POWERS OF COUNCIL.

16 ‘‘In carrying out this subtitle, the Council may—

17 ‘‘(1) direct, with the concurrence of the Sec18 retary of a department or head of an agency, the

19 temporary reassignment within the Federal Govern20 ment of personnel employed by such department or

21 agency;

22 ‘‘(2) use for administrative purposes, on a reim23 bursable basis, the available services, equipment,

24 personnel, and facilities of Federal, State, and local

25 agencies;
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1 ‘‘(3) procure the services of experts and con2 sultants in accordance with section 3109 of title 5,

3 United States Code, relating to appointments in the

4 Federal Service, at rates of compensation for indi5 viduals not to exceed the daily equivalent of the rate

6 of pay payable for GS–18 of the General Schedule

7 under section 5332 of title 5, United States Code;

8 ‘‘(4) accept and use donations of property from

9 Federal, State, and local government agencies;

10 ‘‘(5) use the mails in the same manner as any

11 other department or agency of the executive branch;

12 and

13 ‘‘(6) request the assistance of the Inspector

14 General of a Federal department or agency in con15 ducting audits and evaluations under section 653(g).

16 ‘‘SEC. 657. ROLE OF COUNCIL IN NATIONAL SECURITY

17 COUNCIL EFFORTS.

18 ‘‘The Council may, in the Council’s role as principal

19 adviser to the National Security Council on Federal efforts

20 to assist State and local governmental entities in domestic

21 terrorist attack preparedness matters, and subject to the

22 direction of the President, attend and participate in meet23 ings of the National Security Council. The Council may,

24 subject to the direction of the President, participate in the

25 National Security Council’s working group structure.
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1 ‘‘SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF COUNCIL.

2 ‘‘(a) EXECUTIVE DIRECTOR.—The Council shall have

3 an Executive Director who shall be appointed by the Presi4 dent.

5 ‘‘(b) STAFF.—The Executive Director may appoint

6 such personnel as the Executive Director considers appro7 priate. Such personnel shall be assigned to the Council on

8 a full-time basis and shall report to the Executive Direc9 tor.

10 ‘‘(c) ADMINISTRATIVE SUPPORT SERVICES.—The

11 Executive Office of the President shall provide to the

12 Council, on a reimbursable basis, such administrative sup13 port services, including office space, as the Council may

14 request.

15 ‘‘SEC. 659. COORDINATION WITH EXECUTIVE BRANCH DE16 PARTMENTS AND AGENCIES.

17 ‘‘(a) REQUESTS FOR ASSISTANCE.—The head of each

18 Federal department and agency with responsibilities under

19 the Domestic Terrorism Preparedness Plan shall cooper20 ate with the Council and, subject to laws governing disclo21 sure of information, provide such assistance, information,

22 and advice as the Council may request.

23 ‘‘(b) CERTIFICATION OF POLICY CHANGES BY COUN24 CIL.—

25 ‘‘(1) IN GENERAL.—The head of each Federal

26 department and agency with responsibilities under
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1 the Domestic Terrorism Preparedness Plan shall,

2 unless exigent circumstances require otherwise, no3 tify the Council in writing regarding any proposed

4 change in policies relating to the activities of such

5 department or agency under the Domestic Terrorism

6 Preparedness Plan prior to implementation of such

7 change. The Council shall promptly review such pro8 posed change and certify to the department or agen9 cy head in writing whether such change is consistent

10 with the Domestic Terrorism Preparedness Plan.

11 ‘‘(2) NOTICE IN EXIGENT CIRCUMSTANCES.—If

12 prior notice of a proposed change under paragraph

13 (1) is not possible, the department or agency head

14 shall notify the Council as soon as practicable. The

15 Council shall review such change and certify to the

16 department or agency head in writing whether such

17 change is consistent with the Domestic Terrorism

18 Preparedness Plan.

19 ‘‘SEC. 660. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘There is authorized to be appropriated to carry out

21 this subtitle $9,000,000 for fiscal year 2001 and such

22 sums as may be necessary for each of fiscal years 2002

23 through 2005. Such sums shall remain available until ex24 pended.’’.
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1 SEC. 305. DISASTER GRANT CLOSEOUT PROCEDURES.

2 Title VII of the Robert T. Stafford Disaster Relief

3 and Emergency Assistance Act (42 U.S.C. 5101 et seq.)

4 is amended by adding at the end the following:

5 ‘‘SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

6 ‘‘(a) STATUTE OF LIMITATIONS.—

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), no administrative action to recover any

9 payment made to a State or local government for

10 disaster or emergency assistance under this Act shall

11 be initiated in any forum after the date that is 3

12 years after the date of transmission of the final ex13 penditure report for the disaster or emergency.

14 ‘‘(2) FRAUD EXCEPTION.—The limitation under

15 paragraph (1) shall apply unless there is evidence of

16 civil or criminal fraud.

17 ‘‘(b) REBUTTAL OF PRESUMPTION OF RECORD

18 MAINTENANCE.—

19 ‘‘(1) IN GENERAL.—In any dispute arising

20 under this section after the date that is 3 years after

21 the date of transmission of the final expenditure re22 port for the disaster or emergency, there shall be a

23 presumption that accounting records were main24 tained that adequately identify the source and appli25 cation of funds provided for financially assisted ac26 tivities.
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1 ‘‘(2) AFFIRMATIVE EVIDENCE.—The presump2 tion described in paragraph (1) may be rebutted

3 only on production of affirmative evidence that the

4 State or local government did not maintain docu5 mentation described in that paragraph.

6 ‘‘(3) INABILITY TO PRODUCE DOCUMENTA7 TION.—The inability of the Federal, State, or local

8 government to produce source documentation sup9 porting expenditure reports later than 3 years after

10 the date of transmission of the final expenditure re11 port shall not constitute evidence to rebut the pre12 sumption described in paragraph (1).

13 ‘‘(4) RIGHT OF ACCESS.—The period during

14 which the Federal, State, or local government has

15 the right to access source documentation shall not be

16 limited to the required 3-year retention period re17 ferred to in paragraph (3), but shall last as long as

18 the records are maintained.

19 ‘‘(c) BINDING NATURE OF GRANT REQUIRE20 MENTS.—A State or local government shall not be liable

21 for reimbursement or any other penalty for any payment

22 made under this Act if—

23 ‘‘(1) the payment was authorized by an ap24 proved agreement specifying the costs;

25 ‘‘(2) the costs were reasonable; and
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1 ‘‘(3) the purpose of the grant was accom2 plished.’’.

3 SEC. 306. PUBLIC SAFETY OFFICER BENEFITS FOR CER4 TAIN FEDERAL AND STATE EMPLOYEES.

5 (a) IN GENERAL.—Section 1204 of the Omnibus

6 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

7 3796b) is amended by striking paragraph (7) and insert8 ing the following:

9 ‘‘(7) ‘public safety officer’ means—

10 ‘‘(A) an individual serving a public agency

11 in an official capacity, with or without com12 pensation, as a law enforcement officer, as a

13 firefighter, or as a member of a rescue squad

14 or ambulance crew;

15 ‘‘(B) an employee of the Federal Emer16 gency Management Agency who is performing

17 official duties of the Agency in an area, if those

18 official duties—

19 ‘‘(i) are related to a major disaster or

20 emergency that has been, or is later, de21 clared to exist with respect to the area

22 under the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act (42

24 U.S.C. 5121 et seq.); and
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1 ‘‘(ii) are determined by the Director

2 of the Federal Emergency Management

3 Agency to be hazardous duties; or

4 ‘‘(C) an employee of a State, local, or trib5 al emergency management or civil defense agen6 cy who is performing official duties in coopera7 tion with the Federal Emergency Management

8 Agency in an area, if those official duties—

9 ‘‘(i) are related to a major disaster or

10 emergency that has been, or is later, de11 clared to exist with respect to the area

12 under the Robert T. Stafford Disaster Re13 lief and Emergency Assistance Act (42

14 U.S.C. 5121 et seq.); and

15 ‘‘(ii) are determined by the head of

16 the agency to be hazardous duties.’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) applies only to employees described in sub19 paragraphs (B) and (C) of section 1204(7) of the Omni20 bus Crime Control and Safe Streets Act of 1968 (as

21 amended by subsection (a)) who are injured or who die

22 in the line of duty on or after the date of enactment of

23 this Act.
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1 SEC. 307. BUY AMERICAN.

2 (a) COMPLIANCE WITH BUY AMERICAN ACT.—No

3 funds authorized to be appropriated under this Act or any

4 amendment made by this Act may be expended by an enti5 ty unless the entity, in expending the funds, complies with

6 the Buy American Act (41 U.S.C. 10a et seq.).

7 (b) DEBARMENT OF PERSONS CONVICTED OF

8 FRAUDULENT USE OF ‘‘MADE IN AMERICA’’ LABELS.—

9 (1) IN GENERAL.—If the Director of the Fed10 eral Emergency Management Agency determines

11 that a person has been convicted of intentionally

12 affixing a label bearing a ‘‘Made in America’’ in13 scription to any product sold in or shipped to the

14 United States that is not made in America, the Di15 rector shall determine, not later than 90 days after

16 determining that the person has been so convicted,

17 whether the person should be debarred from con18 tracting under the Robert T. Stafford Disaster Re19 lief and Emergency Assistance Act (42 U.S.C. 5121

20 et seq.).

21 (2) DEFINITION OF DEBAR.—In this sub22 section, the term ‘‘debar’’ has the meaning given the

23 term in section 2393(c) of title 10, United States

24 Code.
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1 SEC. 308. TREATMENT OF CERTAIN REAL PROPERTY.

2 (a) IN GENERAL.—Notwithstanding the National

3 Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),

4 the Flood Disaster Protection Act of 1973 (42 U.S.C.

5 4002 et seq.), or any other provision of law, or any flood

6 risk zone identified, delineated, or established under any

7 such law (by flood insurance rate map or otherwise), the

8 real property described in subsection (b) shall not be con9 sidered to be, or to have been, located in any area having

10 special flood hazards (including any floodway or flood11 plain).

12 (b) REAL PROPERTY.—The real property described

13 in this subsection is all land and improvements on the land

14 located in the Maple Terrace Subdivisions in the city of

15 Sycamore, DeKalb County, Illinois, including—

16 (1) Maple Terrace Phase I;

17 (2) Maple Terrace Phase II;

18 (3) Maple Terrace Phase III Unit 1;

19 (4) Maple Terrace Phase III Unit 2;

20 (5) Maple Terrace Phase III Unit 3;

21 (6) Maple Terrace Phase IV Unit 1;

22 (7) Maple Terrace Phase IV Unit 2; and

23 (8) Maple Terrace Phase IV Unit 3.

24 (c) REVISION OF FLOOD INSURANCE RATE LOT

25 MAPS.—As soon as practicable after the date of enact26 ment of this Act, the Director of the Federal Emergency
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1 Management Agency shall revise the appropriate flood in2 surance rate lot maps of the agency to reflect the treat3 ment under subsection (a) of the real property described

4 in subsection (b).

5 SEC. 309. STUDY OF PARTICIPATION BY INDIAN TRIBES IN

6 EMERGENCY MANAGEMENT.

7 (a) DEFINITION OF INDIAN TRIBE.—In this section,

8 the term ‘‘Indian tribe’’ has the meaning given the term

9 in section 4 of the Indian Self-Determination and Edu10 cation Assistance Act (25 U.S.C. 450b).

11 (b) STUDY.—

12 (1) IN GENERAL.—The Director of the Federal

13 Emergency Management Agency shall conduct a

14 study of participation by Indian tribes in emergency

15 management.

16 (2) REQUIRED ELEMENTS.—The study shall—

17 (A) survey participation by Indian tribes in

18 training, predisaster and postdisaster mitiga19 tion, disaster preparedness, and disaster recov20 ery programs at the Federal and State levels;

21 and

22 (B) review and assess the capacity of In23 dian tribes to participate in cost-shared emer24 gency management programs and to participate

25 in the management of the programs.
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1 (3) CONSULTATION.—In conducting the study,

2 the Director shall consult with Indian tribes.

3 (c) REPORT.—Not later than 1 year after the date

4 of enactment of this Act, the Director shall submit a re5 port on the study under subsection (b) to—

6 (1) the Committee on Environment and Public

7 Works of the Senate;

8 (2) the Committee on Transportation and In9 frastructure of the House of Representatives;

10 (3) the Committee on Appropriations of the

11 Senate; and

12 (4) the Committee on Appropriations of the

13 House of Representatives.

Attest:

Clerk.