IV

106TH CONGRESS

2D SESSION H. RES. 607

Providing for the concurrence by the House with an amendment in the

Senate amendment to H.R. 707.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 3, 2000

Mr. SHUSTER submitted the following resolution; which was considered and

agreed to

RESOLUTION

Providing for the concurrence by the House with an

amendment in the Senate amendment to H.R. 707.

1 Resolved, That upon the adoption of this resolution

2 the House shall be considered to have taken from the

3 Speaker’s table the bill H.R. 707, with the amendment

4 of the Senate thereto, and to have concurred in the

5 amendment of the Senate to the text with the following

6 amendment:

7 In lieu of the matter proposed to be inserted by

8 the amendment of the Senate, insert the following:
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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.

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.

6 TITLE I—PREDISASTER HAZARD

7 MITIGATION

8 SEC. 101. FINDINGS AND PURPOSE.

9 (a) FINDINGS.—Congress finds that—
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1 (1) natural disasters, including earthquakes,

2 tsunamis, tornadoes, hurricanes, flooding, and

3 wildfires, pose great danger to human life and to

4 property throughout the United States;

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

6 (A) identifying and assessing the risks to

7 States and local governments (including Indian

8 tribes) from natural disasters;

9 (B) implementing adequate measures to

10 reduce losses from natural disasters; and

11 (C) ensuring that the critical services and

12 facilities of communities will continue to func13 tion after a natural disaster;

14 (3) expenditures for postdisaster assistance are

15 increasing without commensurate reductions in the

16 likelihood of future losses from natural disasters;

17 (4) in the expenditure of Federal funds under

18 the Robert T. Stafford Disaster Relief and Emer19 gency Assistance Act (42 U.S.C. 5121 et seq.), high

20 priority should be given to mitigation of hazards at

21 the local level; and

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

23 awareness and education, technical assistance, and

24 demonstrated Federal support, States and local gov25 ernments (including Indian tribes) will be able to—
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1 (A) form effective community-based part2 nerships for hazard mitigation purposes;

3 (B) implement effective hazard mitigation

4 measures that reduce the potential damage

5 from natural disasters;

6 (C) ensure continued functionality of crit7 ical services;

8 (D) leverage additional non-Federal re9 sources in meeting natural disaster resistance

10 goals; and

11 (E) make commitments to long-term haz12 ard mitigation efforts to be applied to new and

13 existing structures.

14 (b) PURPOSE.—The purpose of this title is to estab15 lish a national disaster hazard mitigation program—

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

17 human suffering, economic disruption, and disaster

18 assistance costs resulting from natural disasters;

19 and

20 (2) to provide a source of predisaster hazard

21 mitigation funding that will assist States and local

22 governments (including Indian tribes) in imple23 menting effective hazard mitigation measures that

24 are designed to ensure the continued functionality of
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1 critical services and facilities after a natural dis2 aster.

3 SEC. 102. PREDISASTER HAZARD MITIGATION.

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

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

6 5131 et seq.) is amended by adding at the end the fol7 lowing:

8 ‘‘SEC. 203. PREDISASTER HAZARD MITIGATION.

9 ‘‘(a) DEFINITION OF SMALL IMPOVERISHED COMMU10 NITY.—In this section, the term ‘small impoverished com11 munity’ means a community of 3,000 or fewer individuals

12 that is economically disadvantaged, as determined by the

13 State in which the community is located and based on cri14 teria established by the President.

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

16 may establish a program to provide technical and financial

17 assistance to States and local governments to assist in the

18 implementation of predisaster hazard mitigation measures

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

20 loss of life, and damage and destruction of property, in21 cluding damage to critical services and facilities under the

22 jurisdiction of the States or local governments.

23 ‘‘(c) APPROVAL BY PRESIDENT.—If the President de24 termines that a State or local government has identified

25 natural disaster hazards in areas under its jurisdiction
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1 and has demonstrated the ability to form effective public2 private natural disaster hazard mitigation partnerships,

3 the President, using amounts in the National Predisaster

4 Mitigation Fund established under subsection (i) (referred

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

6 and financial assistance to the State or local government

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

8 ‘‘(d) STATE RECOMMENDATIONS.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) RECOMMENDATIONS.—The Governor

11 of each State may recommend to the President

12 not fewer than 5 local governments to receive

13 assistance under this section.

14 ‘‘(B) DEADLINE FOR SUBMISSION.—The

15 recommendations under subparagraph (A) shall

16 be submitted to the President not later than

17 October 1, 2001, and each October 1st there18 after or such later date in the year as the Presi19 dent may establish.

20 ‘‘(C) CRITERIA.—In making recommenda21 tions under subparagraph (A), a Governor shall

22 consider the criteria specified in subsection (g).

23 ‘‘(2) USE.—

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

25 subparagraph (B), in providing assistance to
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1 local governments under this section, the Presi2 dent shall select from local governments rec3 ommended by the Governors under this sub4 section.

5 ‘‘(B) EXTRAORDINARY CIRCUMSTANCES.—

6 In providing assistance to local governments

7 under this section, the President may select a

8 local government that has not been rec9 ommended by a Governor under this subsection

10 if the President determines that extraordinary

11 circumstances justify the selection and that

12 making the selection will further the purpose of

13 this section.

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

15 Governor of a State fails to submit recommendations

16 under this subsection in a timely manner, the Presi17 dent may select, subject to the criteria specified in

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

19 receive assistance under this section.

20 ‘‘(e) USES OF TECHNICAL AND FINANCIAL ASSIST21 ANCE.—

22 ‘‘(1) IN GENERAL.—Technical and financial as23 sistance provided under this section—

24 ‘‘(A) shall be used by States and local gov25 ernments principally to implement predisaster
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1 hazard mitigation measures that are cost-effec2 tive and are described in proposals approved by

3 the President under this section; and

4 ‘‘(B) may be used—

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

6 natural disaster hazard mitigation partner7 ships;

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

9 community’s vulnerability to natural haz10 ards; or

11 ‘‘(iii) to establish hazard mitigation

12 priorities, and an appropriate hazard miti13 gation plan, for a community.

14 ‘‘(2) DISSEMINATION.—A State or local govern15 ment may use not more than 10 percent of the fi16 nancial assistance received by the State or local gov17 ernment under this section for a fiscal year to fund

18 activities to disseminate information regarding cost19 effective mitigation technologies.

20 ‘‘(f) ALLOCATION OF FUNDS.—The amount of finan21 cial assistance made available to a State (including

22 amounts made available to local governments of the State)

23 under this section for a fiscal year—

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

25 ‘‘(A) $500,000; or
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1 ‘‘(B) the amount that is equal to 1.0 per2 cent of the total funds appropriated to carry

3 out this section for the fiscal year;

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

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

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

7 subsection (g).

8 ‘‘(g) CRITERIA FOR ASSISTANCE AWARDS.—In deter9 mining whether to provide technical and financial assist10 ance to a State or local government under this section,

11 the President shall take into account—

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

13 mitigated;

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

15 local government to reduce damages from future

16 natural disasters;

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

18 local government to support ongoing non-Federal

19 support for the hazard mitigation measures to be

20 carried out using the technical and financial assist21 ance;

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

23 measures to be carried out using the technical and

24 financial assistance contribute to the mitigation

25 goals and priorities established by the State;
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1 ‘‘(5) the extent to which the technical and fi2 nancial assistance is consistent with other assistance

3 provided under this Act;

4 ‘‘(6) the extent to which prioritized, cost-effec5 tive mitigation activities that produce meaningful

6 and definable outcomes are clearly identified;

7 ‘‘(7) if the State or local government has sub8 mitted a mitigation plan under section 322, the ex9 tent to which the activities identified under para10 graph (6) are consistent with the mitigation plan;

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

12 maximize net benefits to society;

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

14 mitigation activities in small impoverished commu15 nities; and

16 ‘‘(10) such other criteria as the President es17 tablishes in consultation with State and local govern18 ments.

19 ‘‘(h) FEDERAL SHARE.—

20 ‘‘(1) IN GENERAL.—Financial assistance pro21 vided under this section may contribute up to 75

22 percent of the total cost of mitigation activities ap23 proved by the President.

24 ‘‘(2) SMALL IMPOVERISHED COMMUNITIES.—

25 Notwithstanding paragraph (1), the President may
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1 contribute up to 90 percent of the total cost of a

2 mitigation activity carried out in a small impover3 ished community.

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

5 ‘‘(1) ESTABLISHMENT.—The President may es6 tablish in the Treasury of the United States a fund

7 to be known as the ‘National Predisaster Mitigation

8 Fund’, to be used in carrying out this section.

9 ‘‘(2) TRANSFERS TO FUND.—There shall be de10 posited in the Fund—

11 ‘‘(A) amounts appropriated to carry out

12 this section, which shall remain available until

13 expended; and

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

15 or donations of services or property received by

16 the President for the purpose of predisaster

17 hazard mitigation.

18 ‘‘(3) EXPENDITURES FROM FUND.—Upon re19 quest by the President, the Secretary of the Treas20 ury shall transfer from the Fund to the President

21 such amounts as the President determines are nec22 essary to provide technical and financial assistance

23 under this section.

24 ‘‘(4) INVESTMENT OF AMOUNTS.—
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1 ‘‘(A) IN GENERAL.—The Secretary of the

2 Treasury shall invest such portion of the Fund

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

4 the Treasury, required to meet current with5 drawals. Investments may be made only in in6 terest-bearing obligations of the United States.

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

8 the purpose of investments under subparagraph

9 (A), obligations may be acquired—

10 ‘‘(i) on original issue at the issue

11 price; or

12 ‘‘(ii) by purchase of outstanding obli13 gations at the market price.

14 ‘‘(C) SALE OF OBLIGATIONS.—Any obliga15 tion acquired by the Fund may be sold by the

16 Secretary of the Treasury at the market price.

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

18 and the proceeds from the sale or redemption

19 of, any obligations held in the Fund shall be

20 credited to and form a part of the Fund.

21 ‘‘(E) TRANSFERS OF AMOUNTS.—

22 ‘‘(i) IN GENERAL.—The amounts re23 quired to be transferred to the Fund under

24 this subsection shall be transferred at least

25 monthly from the general fund of the
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1 Treasury to the Fund on the basis of esti2 mates made by the Secretary of the Treas3 ury.

4 ‘‘(ii) ADJUSTMENTS.—Proper adjust5 ment shall be made in amounts subse6 quently transferred to the extent prior esti7 mates were in excess of or less than the

8 amounts required to be transferred.

9 ‘‘(j) LIMITATION ON TOTAL AMOUNT OF FINANCIAL

10 ASSISTANCE.—The President shall not provide financial

11 assistance under this section in an amount greater than

12 the amount available in the Fund.

13 ‘‘(k) MULTIHAZARD ADVISORY MAPS.—

14 ‘‘(1) DEFINITION OF MULTIHAZARD ADVISORY

15 MAP.—In this subsection, the term ‘multihazard ad16 visory map’ means a map on which hazard data con17 cerning each type of natural disaster is identified si18 multaneously for the purpose of showing areas of

19 hazard overlap.

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

21 with States, local governments, and appropriate

22 Federal agencies, the President shall develop multi23 hazard advisory maps for areas, in not fewer than

24 5 States, that are subject to commonly recurring
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1 natural hazards (including flooding, hurricanes and

2 severe winds, and seismic events).

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

4 multihazard advisory maps under this subsection,

5 the President shall use, to the maximum extent

6 practicable, the most cost-effective and efficient

7 technology available.

8 ‘‘(4) USE OF MAPS.—

9 ‘‘(A) ADVISORY NATURE.—The multi10 hazard advisory maps shall be considered to be

11 advisory and shall not require the development

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

13 on, any government or private entity.

14 ‘‘(B) AVAILABILITY OF MAPS.—The multi15 hazard advisory maps shall be made available to

16 the appropriate State and local governments for

17 the purposes of—

18 ‘‘(i) informing the general public

19 about the risks of natural hazards in the

20 areas described in paragraph (2);

21 ‘‘(ii) supporting the activities de22 scribed in subsection (e); and

23 ‘‘(iii) other public uses.

24 ‘‘(l) REPORT ON FEDERAL AND STATE ADMINISTRA25 TION.—Not later than 18 months after the date of enact-
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1 ment of this section, the President, in consultation with

2 State and local governments, shall submit to Congress a

3 report evaluating efforts to implement this section and

4 recommending a process for transferring greater authority

5 and responsibility for administering the assistance pro6 gram established under this section to capable States.

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

8 provided by this section terminates December 31, 2003.’’.

9 (b) CONFORMING AMENDMENT.—Title II of the Rob10 ert T. Stafford Disaster Relief and Emergency Assistance

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

12 title heading and inserting the following:

13 ‘‘TITLE II—DISASTER PREPARED14 NESS AND MITIGATION AS15 SISTANCE’’.

16 SEC. 103. INTERAGENCY TASK FORCE.

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

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

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

20 end the following:

21 ‘‘SEC. 204. INTERAGENCY TASK FORCE.

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

23 Federal interagency task force for the purpose of coordi24 nating the implementation of predisaster hazard mitiga25 tion programs administered by the Federal Government.
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1 ‘‘(b) CHAIRPERSON.—The Director of the Federal

2 Emergency Management Agency shall serve as the chair3 person of the task force.

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

5 force shall include representatives of—

6 ‘‘(1) relevant Federal agencies;

7 ‘‘(2) State and local government organizations

8 (including Indian tribes); and

9 ‘‘(3) the American Red Cross.’’.

10 SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS

11 FOR PUBLIC AND PRIVATE STRUCTURES.

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

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

14 5141 et seq.) is amended by adding at the end the fol15 lowing:

16 ‘‘SEC. 322. MITIGATION PLANNING.

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

18 condition of receipt of an increased Federal share for haz19 ard mitigation measures under subsection (e), a State,

20 local, or tribal government shall develop and submit for

21 approval to the President a mitigation plan that outlines

22 processes for identifying the natural hazards, risks, and

23 vulnerabilities of the area under the jurisdiction of the

24 government.
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1 ‘‘(b) LOCAL AND TRIBAL PLANS.—Each mitigation

2 plan developed by a local or tribal government shall—

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

4 and vulnerabilities identified under the plan; and

5 ‘‘(2) establish a strategy to implement those ac6 tions.

7 ‘‘(c) STATE PLANS.—The State process of develop8 ment of a mitigation plan under this section shall—

9 ‘‘(1) identify the natural hazards, risks, and

10 vulnerabilities of areas in the State;

11 ‘‘(2) support development of local mitigation

12 plans;

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

14 and tribal governments for mitigation planning; and

15 ‘‘(4) identify and prioritize mitigation actions

16 that the State will support, as resources become

17 available.

18 ‘‘(d) FUNDING.—

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

20 under section 404 may be used to fund the develop21 ment and updating of mitigation plans under this

22 section.

23 ‘‘(2) MAXIMUM FEDERAL CONTRIBUTION.—

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

25 or tribal government may use an amount of Federal
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1 contributions under section 404 not to exceed 7 per2 cent of the amount of such contributions available to

3 the government as of a date determined by the gov4 ernment.

5 ‘‘(e) INCREASED FEDERAL SHARE FOR HAZARD

6 MITIGATION MEASURES.—

7 ‘‘(1) IN GENERAL.—If, at the time of the dec8 laration of a major disaster, a State has in effect an

9 approved mitigation plan under this section, the

10 President may increase to 20 percent, with respect

11 to the major disaster, the maximum percentage

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

13 ‘‘(2) FACTORS FOR CONSIDERATION.—In deter14 mining whether to increase the maximum percentage

15 under paragraph (1), the President shall consider

16 whether the State has established—

17 ‘‘(A) eligibility criteria for property acqui18 sition and other types of mitigation measures;

19 ‘‘(B) requirements for cost effectiveness

20 that are related to the eligibility criteria;

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

22 to the eligibility criteria; and

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

24 the effectiveness of a mitigation action may be
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1 carried out after the mitigation action is com2 plete.

3 ‘‘SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRI4 VATE STRUCTURES.

5 ‘‘(a) IN GENERAL.—As a condition of receipt of a dis6 aster loan or grant under this Act—

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

8 construction to be financed with the loan or grant in

9 accordance with applicable standards of safety, de10 cency, and sanitation and in conformity with appli11 cable codes, specifications, and standards; and

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

13 and construction practices, after adequate consulta14 tion with appropriate State and local government of15 ficials.

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

17 disaster loan or grant under this Act shall provide such

18 evidence of compliance with this section as the President

19 may require by regulation.’’.

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

21 President shall increase the maximum percentage specified

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

23 Stafford Disaster Relief and Emergency Assistance Act

24 (42 U.S.C. 5170c(a)) from 15 percent to 20 percent with

25 respect to any major disaster that is in the State of Min-
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1 nesota and for which assistance is being provided as of

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

3 assistance provided under this subsection shall not exceed

4 $6,000,000. The mitigation measures assisted under this

5 subsection shall be related to losses in the State of Min6 nesota from straight line winds.

7 (c) CONFORMING AMENDMENTS.—

8 (1) Section 404(a) of the Robert T. Stafford

9 Disaster Relief and Emergency Assistance Act (42

10 U.S.C. 5170c(a)) is amended—

11 (A) in the second sentence, by striking

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

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

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

15 the total’’.

16 (2) Section 409 of the Robert T. Stafford Dis17 aster Relief and Emergency Assistance Act (42

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

19 TITLE II—STREAMLINING AND

20 COST REDUCTION

21 SEC. 201. TECHNICAL AMENDMENTS.

22 Section 311 of the Robert T. Stafford Disaster Relief

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

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

25 ‘‘section 803 of the Public Works and Economic Develop-
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1 ment Act of 1965’’ each place it appears and inserting

2 ‘‘section 209(c)(2) of the Public Works and Economic De3 velopment Act of 1965 (42 U.S.C. 3149(c)(2))’’.

4 SEC. 202. MANAGEMENT COSTS.

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

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

7 5141 et seq.) (as amended by section 104(a)) is amended

8 by adding at the end the following:

9 ‘‘SEC. 324. MANAGEMENT COSTS.

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

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

12 cost, any administrative expense, and any other expense

13 not directly chargeable to a specific project under a major

14 disaster, emergency, or disaster preparedness or mitiga15 tion activity or measure.

16 ‘‘(b) ESTABLISHMENT OF MANAGEMENT COST

17 RATES.—Notwithstanding any other provision of law (in18 cluding any administrative rule or guidance), the Presi19 dent shall by regulation establish management cost rates,

20 for grantees and subgrantees, that shall be used to deter21 mine contributions under this Act for management costs.

22 ‘‘(c) REVIEW.—The President shall review the man23 agement cost rates established under subsection (b) not

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

25 rates and periodically thereafter.’’.
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1 (b) APPLICABILITY.—

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

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

4 T. Stafford Disaster Relief and Emergency Assist5 ance Act (as added by subsection (a)) shall apply to

6 major disasters declared under that Act on or after

7 the date of enactment of this Act.

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

9 which the President establishes the management

10 cost rates under section 324 of the Robert T. Staf11 ford Disaster Relief and Emergency Assistance Act

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

13 Robert T. Stafford Disaster Relief and Emergency

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

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

16 shall be used to establish management cost rates.

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

18 REQUIREMENTS.

19 Title III of the Robert T. Stafford Disaster Relief

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

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

22 the end the following:
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1 ‘‘SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION

2 REQUIREMENTS.

3 ‘‘(a) PUBLIC NOTICE AND COMMENT CONCERNING

4 NEW OR MODIFIED POLICIES.—

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

6 for public notice and opportunity for comment be7 fore adopting any new or modified policy that—

8 ‘‘(A) governs implementation of the public

9 assistance program administered by the Federal

10 Emergency Management Agency under this

11 Act; and

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

13 of assistance under the program.

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

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

16 or emergency declared on or after the date on which

17 the policy is adopted.

18 ‘‘(b) CONSULTATION CONCERNING INTERIM POLI19 CIES.—

20 ‘‘(1) IN GENERAL.—Before adopting any in21 terim policy under the public assistance program to

22 address specific conditions that relate to a major

23 disaster or emergency that has been declared under

24 this Act, the President, to the maximum extent

25 practicable, shall solicit the views and recommenda26 tions of grantees and subgrantees with respect to the
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1 major disaster or emergency concerning the poten2 tial interim policy, if the interim policy is likely—

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

4 assistance to applicants for the assistance with

5 respect to the major disaster or emergency; or

6 ‘‘(B) to change the terms of a written

7 agreement to which the Federal Government is

8 a party concerning the declaration of the major

9 disaster or emergency.

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

11 this subsection confers a legal right of action on any

12 party.

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

14 public access to policies governing the implementation of

15 the public assistance program.’’.

16 SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION

17 GRANT PROGRAM.

18 Section 404 of the Robert T. Stafford Disaster Relief

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

20 amended by adding at the end the following:

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

22 ‘‘(1) IN GENERAL.—A State desiring to admin23 ister the hazard mitigation grant program estab24 lished by this section with respect to hazard mitiga25 tion assistance in the State may submit to the Presi-
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1 dent an application for the delegation of the author2 ity to administer the program.

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

4 and coordination with States and local governments,

5 shall establish criteria for the approval of applica6 tions submitted under paragraph (1). The criteria

7 shall include, at a minimum—

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

9 to manage the grant program under this sec10 tion;

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

12 mitigation plan under section 322; and

13 ‘‘(C) a demonstrated commitment to miti14 gation activities.

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

16 an application submitted under paragraph (1) that

17 meets the criteria established under paragraph (2).

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

19 approving an application of a State submitted under

20 paragraph (1), the President determines that the

21 State is not administering the hazard mitigation

22 grant program established by this section in a man23 ner satisfactory to the President, the President shall

24 withdraw the approval.
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1 ‘‘(5) AUDITS.—The President shall provide for

2 periodic audits of the hazard mitigation grant pro3 grams administered by States under this sub4 section.’’.

5 SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECON6 STRUCT, OR REPLACE DAMAGED FACILITIES.

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

8 Stafford Disaster Relief and Emergency Assistance Act

9 (42 U.S.C. 5172) is amended by striking subsection (a)

10 and inserting the following:

11 ‘‘(a) CONTRIBUTIONS.—

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

13 contributions—

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

15 repair, restoration, reconstruction, or replace16 ment of a public facility damaged or destroyed

17 by a major disaster and for associated expenses

18 incurred by the government; and

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

20 that owns or operates a private nonprofit facil21 ity damaged or destroyed by a major disaster

22 for the repair, restoration, reconstruction, or re23 placement of the facility and for associated ex24 penses incurred by the person.
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1 ‘‘(2) ASSOCIATED EXPENSES.—For the pur2 poses of this section, associated expenses shall

3 include—

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

5 the National Guard for performance of eligible

6 work;

7 ‘‘(B) the costs of using prison labor to per8 form eligible work, including wages actually

9 paid, transportation to a worksite, and extraor10 dinary costs of guards, food, and lodging; and

11 ‘‘(C) base and overtime wages for the em12 ployees and extra hires of a State, local govern13 ment, or person described in paragraph (1) that

14 perform eligible work, plus fringe benefits on

15 such wages to the extent that such benefits

16 were being paid before the major disaster.

17 ‘‘(3) CONDITIONS FOR ASSISTANCE TO PRIVATE

18 NONPROFIT FACILITIES.—

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

20 make contributions to a private nonprofit facil21 ity under paragraph (1)(B) only if—

22 ‘‘(i) the facility provides critical serv23 ices (as defined by the President) in the

24 event of a major disaster; or
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1 ‘‘(ii) the owner or operator of the

2 facility—

3 ‘‘(I) has applied for a disaster

4 loan under section 7(b) of the Small

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

6 ‘‘(II)(aa) has been determined to

7 be ineligible for such a loan; or

8 ‘‘(bb) has obtained such a loan in

9 the maximum amount for which the

10 Small Business Administration deter11 mines the facility is eligible.

12 ‘‘(B) DEFINITION OF CRITICAL SERV13 ICES.—In this paragraph, the term ‘critical

14 services’ includes power, water (including water

15 provided by an irrigation organization or facil16 ity), sewer, wastewater treatment, communica17 tions, and emergency medical care.

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

19 making any contribution under this section in an

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

21 shall notify—

22 ‘‘(A) the Committee on Environment and

23 Public Works of the Senate;
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1 ‘‘(B) the Committee on Transportation

2 and Infrastructure of the House of Representa3 tives;

4 ‘‘(C) the Committee on Appropriations of

5 the Senate; and

6 ‘‘(D) the Committee on Appropriations of

7 the House of Representatives.’’.

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

9 Stafford Disaster Relief and Emergency Assistance Act

10 (42 U.S.C. 5172) is amended by striking subsection (b)

11 and inserting the following:

12 ‘‘(b) FEDERAL SHARE.—

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

14 provided in paragraph (2), the Federal share of as15 sistance under this section shall be not less than 75

16 percent of the eligible cost of repair, restoration, re17 construction, or replacement carried out under this

18 section.

19 ‘‘(2) REDUCED FEDERAL SHARE.—The Presi20 dent shall promulgate regulations to reduce the Fed21 eral share of assistance under this section to not less

22 than 25 percent in the case of the repair, restora23 tion, reconstruction, or replacement of any eligible

24 public facility or private nonprofit facility following

25 an event associated with a major disaster—
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1 ‘‘(A) that has been damaged, on more than

2 1 occasion within the preceding 10-year period,

3 by the same type of event; and

4 ‘‘(B) the owner of which has failed to im5 plement appropriate mitigation measures to ad6 dress the hazard that caused the damage to the

7 facility.’’.

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

9 of the Robert T. Stafford Disaster Relief and Emergency

10 Assistance Act (42 U.S.C. 5172) is amended by striking

11 subsection (c) and inserting the following:

12 ‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.—

13 ‘‘(1) FOR PUBLIC FACILITIES.—

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

15 a State or local government determines that the

16 public welfare would not best be served by re17 pairing, restoring, reconstructing, or replacing

18 any public facility owned or controlled by the

19 State or local government, the State or local

20 government may elect to receive, in lieu of a

21 contribution under subsection (a)(1)(A), a con22 tribution in an amount equal to 75 percent of

23 the Federal share of the Federal estimate of the

24 cost of repairing, restoring, reconstructing, or
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1 replacing the facility and of management ex2 penses.

3 ‘‘(B) AREAS WITH UNSTABLE SOIL.—In

4 any case in which a State or local government

5 determines that the public welfare would not

6 best be served by repairing, restoring, recon7 structing, or replacing any public facility owned

8 or controlled by the State or local government

9 because soil instability in the disaster area

10 makes repair, restoration, reconstruction, or re11 placement infeasible, the State or local govern12 ment may elect to receive, in lieu of a contribu13 tion under subsection (a)(1)(A), a contribution

14 in an amount equal to 90 percent of the Fed15 eral share of the Federal estimate of the cost

16 of repairing, restoring, reconstructing, or re17 placing the facility and of management ex18 penses.

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

20 to a State or local government under this para21 graph may be used—

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

23 selected public facilities;

24 ‘‘(ii) to construct new facilities; or
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1 ‘‘(iii) to fund hazard mitigation meas2 ures that the State or local government de3 termines to be necessary to meet a need

4 for governmental services and functions in

5 the area affected by the major disaster.

6 ‘‘(D) LIMITATIONS.—Funds made avail7 able to a State or local government under this

8 paragraph may not be used for—

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

10 regulatory floodway (as defined in section

11 59.1 of title 44, Code of Federal Regula12 tions (or a successor regulation)); or

13 ‘‘(ii) any uninsured public facility lo14 cated in a special flood hazard area identi15 fied by the Director of the Federal Emer16 gency Management Agency under the Na17 tional Flood Insurance Act of 1968 (42

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

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

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

21 a person that owns or operates a private non22 profit facility determines that the public welfare

23 would not best be served by repairing, restor24 ing, reconstructing, or replacing the facility, the

25 person may elect to receive, in lieu of a con-
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1 tribution under subsection (a)(1)(B), a con2 tribution in an amount equal to 75 percent of

3 the Federal share of the Federal estimate of the

4 cost of repairing, restoring, reconstructing, or

5 replacing the facility and of management ex6 penses.

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

8 to a person under this paragraph may be

9 used—

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

11 selected private nonprofit facilities owned

12 or operated by the person;

13 ‘‘(ii) to construct new private non14 profit facilities to be owned or operated by

15 the person; or

16 ‘‘(iii) to fund hazard mitigation meas17 ures that the person determines to be nec18 essary to meet a need for the person’s

19 services and functions in the area affected

20 by the major disaster.

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

22 to a person under this paragraph may not be

23 used for—

24 ‘‘(i) any private nonprofit facility lo25 cated in a regulatory floodway (as defined
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1 in section 59.1 of title 44, Code of Federal

2 Regulations (or a successor regulation)); or

3 ‘‘(ii) any uninsured private nonprofit

4 facility located in a special flood hazard

5 area identified by the Director of the Fed6 eral Emergency Management Agency

7 under the National Flood Insurance Act of

8 1968 (42 U.S.C. 4001 et seq.).’’.

9 (d) ELIGIBLE COST.—

10 (1) IN GENERAL.—Section 406 of the Robert T.

11 Stafford Disaster Relief and Emergency Assistance

12 Act (42 U.S.C. 5172) is amended by striking sub13 section (e) and inserting the following:

14 ‘‘(e) ELIGIBLE COST.—

15 ‘‘(1) DETERMINATION.—

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

17 this section, the President shall estimate the eli18 gible cost of repairing, restoring, recon19 structing, or replacing a public facility or pri20 vate nonprofit facility—

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

22 facility as the facility existed immediately

23 before the major disaster; and

24 ‘‘(ii) in conformity with codes, speci25 fications, and standards (including flood-
35

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1 plain management and hazard mitigation

2 criteria required by the President or under

3 the Coastal Barrier Resources Act (16

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

5 time at which the disaster occurred.

6 ‘‘(B) COST ESTIMATION PROCEDURES.—

7 ‘‘(i) IN GENERAL.—Subject to para8 graph (2), the President shall use the cost

9 estimation procedures established under

10 paragraph (3) to determine the eligible

11 cost under this subsection.

12 ‘‘(ii) APPLICABILITY.—The proce13 dures specified in this paragraph and para14 graph (2) shall apply only to projects the

15 eligible cost of which is equal to or greater

16 than the amount specified in section 422.

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

18 ‘‘(A) ACTUAL COST GREATER THAN CEIL19 ING PERCENTAGE OF ESTIMATED COST.—In

20 any case in which the actual cost of repairing,

21 restoring, reconstructing, or replacing a facility

22 under this section is greater than the ceiling

23 percentage established under paragraph (3) of

24 the cost estimated under paragraph (1), the

25 President may determine that the eligible cost
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1 includes a portion of the actual cost of the re2 pair, restoration, reconstruction, or replacement

3 that exceeds the cost estimated under para4 graph (1).

5 ‘‘(B) ACTUAL COST LESS THAN ESTI6 MATED COST.—

7 ‘‘(i) GREATER THAN OR EQUAL TO

8 FLOOR PERCENTAGE OF ESTIMATED

9 COST.—In any case in which the actual

10 cost of repairing, restoring, reconstructing,

11 or replacing a facility under this section is

12 less than 100 percent of the cost estimated

13 under paragraph (1), but is greater than

14 or equal to the floor percentage established

15 under paragraph (3) of the cost estimated

16 under paragraph (1), the State or local

17 government or person receiving funds

18 under this section shall use the excess

19 funds to carry out cost-effective activities

20 that reduce the risk of future damage,

21 hardship, or suffering from a major dis22 aster.

23 ‘‘(ii) LESS THAN FLOOR PERCENTAGE

24 OF ESTIMATED COST.—In any case in

25 which the actual cost of repairing, restor-
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1 ing, reconstructing, or replacing a facility

2 under this section is less than the floor

3 percentage established under paragraph

4 (3) of the cost estimated under paragraph

5 (1), the State or local government or per6 son receiving assistance under this section

7 shall reimburse the President in the

8 amount of the difference.

9 ‘‘(C) NO EFFECT ON APPEALS PROCESS.—

10 Nothing in this paragraph affects any right of

11 appeal under section 423.

12 ‘‘(3) EXPERT PANEL.—

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

14 months after the date of enactment of this

15 paragraph, the President, acting through the

16 Director of the Federal Emergency Manage17 ment Agency, shall establish an expert panel,

18 which shall include representatives from the

19 construction industry and State and local gov20 ernment.

21 ‘‘(B) DUTIES.—The expert panel shall de22 velop recommendations concerning—

23 ‘‘(i) procedures for estimating the cost

24 of repairing, restoring, reconstructing, or
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1 replacing a facility consistent with industry

2 practices; and

3 ‘‘(ii) the ceiling and floor percentages

4 referred to in paragraph (2).

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

6 the recommendations of the expert panel under

7 subparagraph (B), the President shall promul8 gate regulations that establish—

9 ‘‘(i) cost estimation procedures de10 scribed in subparagraph (B)(i); and

11 ‘‘(ii) the ceiling and floor percentages

12 referred to in paragraph (2).

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

14 than 2 years after the date of promulgation of

15 regulations under subparagraph (C) and peri16 odically thereafter, the President shall review

17 the cost estimation procedures and the ceiling

18 and floor percentages established under this

19 paragraph.

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

21 than 1 year after the date of promulgation of

22 regulations under subparagraph (C), 3 years

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

24 period thereafter, the expert panel shall submit
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1 to Congress a report on the appropriateness of

2 the cost estimation procedures.

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

4 facility being repaired, restored, reconstructed, or re5 placed under this section was under construction on

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

7 restoring, reconstructing, or replacing the facility

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

9 those costs that, under the contract for the construc10 tion, are the owner’s responsibility and not the con11 tractor’s responsibility.’’.

12 (2) EFFECTIVE DATE.—The amendment made

13 by paragraph (1) takes effect on the date of enact14 ment of this Act and applies to funds appropriated

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

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

17 Stafford Disaster Relief and Emergency Assistance

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

19 the date on which the cost estimation procedures es20 tablished under paragraph (3) of that section take

21 effect.

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

23 Robert T. Stafford Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5172) is amended by striking sub25 section (f).
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1 SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND

2 HOUSEHOLDS.

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

4 Stafford Disaster Relief and Emergency Assistance Act

5 (42 U.S.C. 5174) is amended to read as follows:

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

7 HOUSEHOLDS.

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) PROVISION OF ASSISTANCE.—In accord10 ance with this section, the President, in consultation

11 with the Governor of a State, may provide financial

12 assistance, and, if necessary, direct services, to indi13 viduals and households in the State who, as a direct

14 result of a major disaster, have necessary expenses

15 and serious needs in cases in which the individuals

16 and households are unable to meet such expenses or

17 needs through other means.

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

19 Under paragraph (1), an individual or household

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

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

22 the individual or household has not applied for or re23 ceived any loan or other financial assistance from

24 the Small Business Administration or any other

25 Federal agency.

26 ‘‘(b) HOUSING ASSISTANCE.—
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1 ‘‘(1) ELIGIBILITY.—The President may provide

2 financial or other assistance under this section to in3 dividuals and households to respond to the disaster4 related housing needs of individuals and households

5 who are displaced from their predisaster primary

6 residences or whose predisaster primary residences

7 are rendered uninhabitable as a result of damage

8 caused by a major disaster.

9 ‘‘(2) DETERMINATION OF APPROPRIATE TYPES

10 OF ASSISTANCE.—

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

12 determine appropriate types of housing assist13 ance to be provided under this section to indi14 viduals and households described in subsection

15 (a)(1) based on considerations of cost effective16 ness, convenience to the individuals and house17 holds, and such other factors as the President

18 may consider appropriate.

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

20 One or more types of housing assistance may be

21 made available under this section, based on the

22 suitability and availability of the types of assist23 ance, to meet the needs of individuals and

24 households in the particular disaster situation.

25 ‘‘(c) TYPES OF HOUSING ASSISTANCE.—
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1 ‘‘(1) TEMPORARY HOUSING.—

2 ‘‘(A) FINANCIAL ASSISTANCE.—

3 ‘‘(i) IN GENERAL.—The President

4 may provide financial assistance to individ5 uals or households to rent alternate hous6 ing accommodations, existing rental units,

7 manufactured housing, recreational vehi8 cles, or other readily fabricated dwellings.

9 ‘‘(ii) AMOUNT.—The amount of as10 sistance under clause (i) shall be based on

11 the fair market rent for the accommoda12 tion provided plus the cost of any transpor13 tation, utility hookups, or unit installation

14 not provided directly by the President.

15 ‘‘(B) DIRECT ASSISTANCE.—

16 ‘‘(i) IN GENERAL.—The President

17 may provide temporary housing units, ac18 quired by purchase or lease, directly to in19 dividuals or households who, because of a

20 lack of available housing resources, would

21 be unable to make use of the assistance

22 provided under subparagraph (A).

23 ‘‘(ii) PERIOD OF ASSISTANCE.—The

24 President may not provide direct assist25 ance under clause (i) with respect to a
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1 major disaster after the end of the 18-

2 month period beginning on the date of the

3 declaration of the major disaster by the

4 President, except that the President may

5 extend that period if the President deter6 mines that due to extraordinary cir7 cumstances an extension would be in the

8 public interest.

9 ‘‘(iii) COLLECTION OF RENTAL

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

11 period referred to in clause (ii), the Presi12 dent may charge fair market rent for each

13 temporary housing unit provided.

14 ‘‘(2) REPAIRS.—

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

16 provide financial assistance for—

17 ‘‘(i) the repair of owner-occupied pri18 vate residences, utilities, and residential in19 frastructure (such as a private access

20 route) damaged by a major disaster to a

21 safe and sanitary living or functioning con22 dition; and

23 ‘‘(ii) eligible hazard mitigation meas24 ures that reduce the likelihood of future
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1 damage to such residences, utilities, or in2 frastructure.

3 ‘‘(B) RELATIONSHIP TO OTHER ASSIST4 ANCE.—A recipient of assistance provided

5 under this paragraph shall not be required to

6 show that the assistance can be met through

7 other means, except insurance proceeds.

8 ‘‘(C) MAXIMUM AMOUNT OF ASSIST9 ANCE.—The amount of assistance provided to a

10 household under this paragraph shall not ex11 ceed $5,000, as adjusted annually to reflect

12 changes in the Consumer Price Index for All

13 Urban Consumers published by the Department

14 of Labor.

15 ‘‘(3) REPLACEMENT.—

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

17 provide financial assistance for the replacement

18 of owner-occupied private residences damaged

19 by a major disaster.

20 ‘‘(B) MAXIMUM AMOUNT OF ASSIST21 ANCE.—The amount of assistance provided to a

22 household under this paragraph shall not ex23 ceed $10,000, as adjusted annually to reflect

24 changes in the Consumer Price Index for All
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1 Urban Consumers published by the Department

2 of Labor.

3 ‘‘(C) APPLICABILITY OF FLOOD INSUR4 ANCE REQUIREMENT.—With respect to assist5 ance provided under this paragraph, the Presi6 dent may not waive any provision of Federal

7 law requiring the purchase of flood insurance as

8 a condition of the receipt of Federal disaster as9 sistance.

10 ‘‘(4) PERMANENT HOUSING CONSTRUCTION.—

11 The President may provide financial assistance or

12 direct assistance to individuals or households to con13 struct permanent housing in insular areas outside

14 the continental United States and in other remote

15 locations in cases in which—

16 ‘‘(A) no alternative housing resources are

17 available; and

18 ‘‘(B) the types of temporary housing as19 sistance described in paragraph (1) are unavail20 able, infeasible, or not cost-effective.

21 ‘‘(d) TERMS AND CONDITIONS RELATING TO HOUS22 ING ASSISTANCE.—

23 ‘‘(1) SITES.—

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

25 dwelling provided under this section shall,
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1 whenever practicable, be located on a site

2 that—

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

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

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

6 the occupant who was displaced by the

7 major disaster.

8 ‘‘(B) SITES PROVIDED BY THE PRESI9 DENT.—A readily fabricated dwelling may be

10 located on a site provided by the President if

11 the President determines that such a site would

12 be more economical or accessible.

13 ‘‘(2) DISPOSAL OF UNITS.—

14 ‘‘(A) SALE TO OCCUPANTS.—

15 ‘‘(i) IN GENERAL.—Notwithstanding

16 any other provision of law, a temporary

17 housing unit purchased under this section

18 by the President for the purpose of hous19 ing disaster victims may be sold directly to

20 the individual or household who is occu21 pying the unit if the individual or house22 hold lacks permanent housing.

23 ‘‘(ii) SALE PRICE.—A sale of a tem24 porary housing unit under clause (i) shall

25 be at a price that is fair and equitable.
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1 ‘‘(iii) DEPOSIT OF PROCEEDS.—Not2 withstanding any other provision of law,

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

4 be deposited in the appropriate Disaster

5 Relief Fund account.

6 ‘‘(iv) HAZARD AND FLOOD INSUR7 ANCE.—A sale of a temporary housing unit

8 under clause (i) shall be made on the con9 dition that the individual or household pur10 chasing the housing unit agrees to obtain

11 and maintain hazard and flood insurance

12 on the housing unit.

13 ‘‘(v) USE OF GSA SERVICES.—The

14 President may use the services of the Gen15 eral Services Administration to accomplish

16 a sale under clause (i).

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

18 not disposed of under subparagraph (A), a tem19 porary housing unit purchased under this sec20 tion by the President for the purpose of housing

21 disaster victims—

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

23 ‘‘(ii) may be sold, transferred, do24 nated, or otherwise made available directly

25 to a State or other governmental entity or
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1 to a voluntary organization for the sole

2 purpose of providing temporary housing to

3 disaster victims in major disasters and

4 emergencies if, as a condition of the sale,

5 transfer, or donation, the State, other gov6 ernmental agency, or voluntary organiza7 tion agrees—

8 ‘‘(I) to comply with the non9 discrimination provisions of section

10 308; and

11 ‘‘(II) to obtain and maintain haz12 ard and flood insurance on the hous13 ing unit.

14 ‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS OTHER

15 NEEDS.—

16 ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EX17 PENSES.—The President, in consultation with the

18 Governor of a State, may provide financial assist19 ance under this section to an individual or household

20 in the State who is adversely affected by a major

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

22 funeral expenses.

23 ‘‘(2) PERSONAL PROPERTY, TRANSPORTATION,

24 AND OTHER EXPENSES.—The President, in con25 sultation with the Governor of a State, may provide
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1 financial assistance under this section to an indi2 vidual or household described in paragraph (1) to

3 address personal property, transportation, and other

4 necessary expenses or serious needs resulting from

5 the major disaster.

6 ‘‘(f) STATE ROLE.—

7 ‘‘(1) FINANCIAL ASSISTANCE TO ADDRESS

8 OTHER NEEDS.—

9 ‘‘(A) GRANT TO STATE.—Subject to sub10 section (g), a Governor may request a grant

11 from the President to provide financial assist12 ance to individuals and households in the State

13 under subsection (e).

14 ‘‘(B) ADMINISTRATIVE COSTS.—A State

15 that receives a grant under subparagraph (A)

16 may expend not more than 5 percent of the

17 amount of the grant for the administrative

18 costs of providing financial assistance to indi19 viduals and households in the State under sub20 section (e).

21 ‘‘(2) ACCESS TO RECORDS.—In providing as22 sistance to individuals and households under this

23 section, the President shall provide for the substan24 tial and ongoing involvement of the States in which

25 the individuals and households are located, including
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1 by providing to the States access to the electronic

2 records of individuals and households receiving as3 sistance under this section in order for the States to

4 make available any additional State and local assist5 ance to the individuals and households.

6 ‘‘(g) COST SHARING.—

7 ‘‘(1) FEDERAL SHARE.—Except as provided in

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

9 to be paid using assistance provided under this sec10 tion shall be 100 percent.

11 ‘‘(2) FINANCIAL ASSISTANCE TO ADDRESS

12 OTHER NEEDS.—In the case of financial assistance

13 provided under subsection (e)—

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

15 and

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

17 from funds made available by the State.

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

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

20 shall receive financial assistance greater than

21 $25,000 under this section with respect to a single

22 major disaster.

23 ‘‘(2) ADJUSTMENT OF LIMIT.—The limit estab24 lished under paragraph (1) shall be adjusted annu25 ally to reflect changes in the Consumer Price Index
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1 for All Urban Consumers published by the Depart2 ment of Labor.

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

4 prescribe rules and regulations to carry out this section,

5 including criteria, standards, and procedures for deter6 mining eligibility for assistance.’’.

7 (b) CONFORMING AMENDMENT.—Section 502(a)(6)

8 of the Robert T. Stafford Disaster Relief and Emergency

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

10 striking ‘‘temporary housing’’.

11 (c) ELIMINATION OF INDIVIDUAL AND FAMILY

12 GRANT PROGRAMS.—Section 411 of the Robert T. Staf13 ford Disaster Relief and Emergency Assistance Act (42

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

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

16 this section take effect 18 months after the date of enact17 ment of this Act.

18 SEC. 207. COMMUNITY DISASTER LOANS.

19 Section 417 of the Robert T. Stafford Disaster Relief

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

21 amended—

22 (1) by striking ‘‘(a) The President’’ and insert23 ing the following:

24 ‘‘(a) IN GENERAL.—The President’’;
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1 (2) by striking ‘‘The amount’’ and inserting the

2 following:

3 ‘‘(b) AMOUNT.—The amount’’;

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

5 following:

6 ‘‘(c) REPAYMENT.—

7 ‘‘(1) CANCELLATION.—Repayment’’;

8 (4) by striking ‘‘(b) Any loans’’ and inserting

9 the following:

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

11 (5) in subsection (b) (as designated by para12 graph (2))—

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

14 ‘‘shall’’; and

15 (B) by inserting before the period at the

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

17 $5,000,000’’; and

18 (6) in subsection (c) (as designated by para19 graph (3)), by adding at the end the following:

20 ‘‘(2) CONDITION ON CONTINUING ELIGI21 BILITY.—A local government shall not be eligible for

22 further assistance under this section during any pe23 riod in which the local government is in arrears with

24 respect to a required repayment of a loan under this

25 section.’’.
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1 SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DIS2 ASTERS INITIATIVE.

3 Not later than 3 years after the date of enactment

4 of this Act, the President shall submit to Congress a re5 port describing the results of the State Management of

6 Small Disasters Initiative, including—

7 (1) identification of any administrative or finan8 cial benefits of the initiative; and

9 (2) recommendations concerning the conditions,

10 if any, under which States should be allowed the op11 tion to administer parts of the assistance program

12 under section 406 of the Robert T. Stafford Disaster

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

14 5172).

15 SEC. 209. STUDY REGARDING COST REDUCTION.

16 Not later than 3 years after the date of enactment

17 of this Act, the Director of the Congressional Budget Of18 fice shall complete a study estimating the reduction in

19 Federal disaster assistance that has resulted and is likely

20 to result from the enactment of this Act.

21 TITLE III—MISCELLANEOUS

22 SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

23 The first section of the Robert T. Stafford Disaster

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

25 note) is amended to read as follows:
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1 ‘‘SECTION 1. SHORT TITLE.

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

3 Disaster Relief and Emergency Assistance Act’.’’.

4 SEC. 302. DEFINITIONS.

5 Section 102 of the Robert T. Stafford Disaster Relief

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

7 amended—

8 (1) in each of paragraphs (3) and (4), by strik9 ing ‘‘the Northern’’ and all that follows through

10 ‘‘Pacific Islands’’ and inserting ‘‘and the Common11 wealth of the Northern Mariana Islands’’;

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

13 following:

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

15 government’ means—

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

17 township, local public authority, school district,

18 special district, intrastate district, council of

19 governments (regardless of whether the council

20 of governments is incorporated as a nonprofit

21 corporation under State law), regional or inter22 state government entity, or agency or instru23 mentality of a local government;

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

25 organization, or Alaska Native village or organi26 zation; and
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1 ‘‘(C) a rural community, unincorporated

2 town or village, or other public entity, for which

3 an application for assistance is made by a State

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

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

6 after ‘‘utility,’’.

7 SEC. 303. FIRE MANAGEMENT ASSISTANCE.

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

9 Stafford Disaster Relief and Emergency Assistance Act

10 (42 U.S.C. 5187) is amended to read as follows:

11 ‘‘SEC. 420. FIRE MANAGEMENT ASSISTANCE.

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

13 provide assistance, including grants, equipment, supplies,

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

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

16 or private forest land or grassland that threatens such de17 struction as would constitute a major disaster.

18 ‘‘(b) COORDINATION WITH STATE AND TRIBAL DE19 PARTMENTS OF FORESTRY.—In providing assistance

20 under this section, the President shall coordinate with

21 State and tribal departments of forestry.

22 ‘‘(c) ESSENTIAL ASSISTANCE.—In providing assist23 ance under this section, the President may use the author24 ity provided under section 403.
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1 ‘‘(d) RULES AND REGULATIONS.—The President

2 shall prescribe such rules and regulations as are necessary

3 to carry out this section.’’.

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

5 subsection (a) takes effect 1 year after the date of enact6 ment of this Act.

7 SEC. 304. PRESIDENT’S COUNCIL ON DOMESTIC TER8 RORISM PREPAREDNESS.

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

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

11 amended by adding at the end the following:

12 ‘‘Subtitle C—President’s Council on

13 Domestic Terrorism Preparedness

14 ‘‘SEC. 651. ESTABLISHMENT OF COUNCIL.

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

16 be known as the President’s Council on Domestic Ter17 rorism Preparedness (in this subtitle referred to as the

18 ‘Council’).

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

20 of the following members:

21 ‘‘(1) The President.

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

23 Management Agency.

24 ‘‘(3) The Attorney General.

25 ‘‘(4) The Secretary of Defense.
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1 ‘‘(5) The Director of the Office of Management

2 and Budget.

3 ‘‘(6) The Assistant to the President for Na4 tional Security Affairs.

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

6 President.

7 ‘‘(c) CHAIRMAN.—

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

9 as the chairman of the Council.

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

11 may appoint an Executive Chairman of the Council

12 (in this subtitle referred to as the ‘Executive Chair13 man’). The Executive Chairman shall represent the

14 President as chairman of the Council, including in

15 communications with Congress and State Governors.

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

17 selected to be the Executive Chairman under para18 graph (2) shall be appointed by and with the advice

19 and consent of the Senate, except that Senate con20 firmation shall not be required if, on the date of ap21 pointment, the individual holds a position for which

22 Senate confirmation was required.

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

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

25 of the enactment of this Act.
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1 ‘‘SEC. 652. DUTIES OF COUNCIL.

2 ‘‘The Council shall carry out the following duties:

3 ‘‘(1) Establish the policies, objectives, and pri4 orities of the Federal Government for enhancing the

5 capabilities of State and local emergency prepared6 ness and response personnel in early detection and

7 warning of and response to all domestic terrorist at8 tacks, including attacks involving weapons of mass

9 destruction.

10 ‘‘(2) Publish a Domestic Terrorism Prepared11 ness Plan and an annual strategy for carrying out

12 the plan in accordance with section 653, including

13 the end state of preparedness for emergency re14 sponders established under section 653(b)(1)(D).

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

16 resources (including planning documents, equipment

17 lists, and program inventories) in the execution of

18 its duties.

19 ‘‘(4) Consult with and utilize existing inter20 agency boards and committees, existing govern21 mental entities, and non-governmental organizations

22 in the execution of its duties.

23 ‘‘(5) Ensure that a biennial review of the ter24 rorist attack preparedness programs of State and

25 local governmental entities is conducted and provide
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1 recommendations to the entities based on the re2 views.

3 ‘‘(6) Provide for the creation of a State and

4 local advisory group for the Council, to be composed

5 of individuals involved in State and local emergency

6 preparedness and response to terrorist attacks.

7 ‘‘(7) Provide for the establishment by the Coun8 cil’s State and local advisory group of voluntary

9 guidelines for the terrorist attack preparedness pro10 grams of State and local governmental entities in ac11 cordance with section 655.

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

13 and serve as a contact for, State and local govern14 mental entities implementing terrorist attack pre15 paredness programs.

16 ‘‘(9) Coordinate and oversee the implementation

17 by Federal departments and agencies of the policies,

18 objectives, and priorities established under para19 graph (1) and the fulfillment of the responsibilities

20 of such departments and agencies under the Domes21 tic Terrorism Preparedness Plan.

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

23 appropriate Federal departments and agencies

24 regarding—
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1 ‘‘(A) changes in the organization, manage2 ment, and resource allocations of the depart3 ments and agencies; and

4 ‘‘(B) the allocation of personnel to and

5 within the departments and agencies,

6 to implement the Domestic Terrorism Preparedness

7 Plan.

8 ‘‘(11) Assess all Federal terrorism preparedness

9 programs and ensure that each program complies

10 with the Domestic Terrorism Preparedness Plan.

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

12 overlap within Federal terrorism preparedness pro13 grams and eliminate such duplication, fragmentation

14 and overlap.

15 ‘‘(13) Evaluate Federal emergency response as16 sets and make recommendations regarding the orga17 nization, need, and geographic location of such as18 sets.

19 ‘‘(14) Establish general policies regarding fi20 nancial assistance to States based on potential risk

21 and threat, response capabilities, and ability to

22 achieve the end state of preparedness for emergency

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

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

25 writing if the Council finds that its policies are not
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1 in compliance with its responsibilities under the Do2 mestic Terrorism Preparedness Plan.

3 ‘‘SEC. 653. DOMESTIC TERRORISM PREPAREDNESS PLAN

4 AND ANNUAL STRATEGY.

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

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

7 the Council shall develop a Domestic Terrorism Prepared8 ness Plan and transmit a copy of the plan to Congress.

9 ‘‘(b) CONTENTS.—

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

11 Preparedness Plan shall include the following:

12 ‘‘(A) A statement of the policies, objec13 tives, and priorities established by the Council

14 under section 652(1).

15 ‘‘(B) A plan for implementing such poli16 cies, objectives, and priorities that is based on

17 a threat, risk, and capability assessment and in18 cludes measurable objectives to be achieved in

19 each of the following 5 years for enhancing do20 mestic preparedness against a terrorist attack.

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

22 each Federal department and agency, and the

23 roles of State and local governmental entities,

24 under the plan developed under subparagraph

25 (B).
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1 ‘‘(D) A definition of an end state of pre2 paredness for emergency responders that sets

3 forth measurable, minimum standards of ac4 ceptability for preparedness.

5 ‘‘(2) EVALUATION OF FEDERAL RESPONSE

6 TEAMS.—In preparing the description under para7 graph (1)(C), the Council shall evaluate each Fed8 eral response team and the assistance that the team

9 offers to State and local emergency personnel when

10 responding to a terrorist attack. The evaluation shall

11 include an assessment of how the Federal response

12 team will assist State and local emergency personnel

13 after the personnel has achieved the end state of

14 preparedness for emergency responders established

15 under paragraph (1)(D).

16 ‘‘(c) ANNUAL STRATEGY.—

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

18 and transmit to Congress, on the date of transmittal

19 of the Domestic Terrorism Preparedness Plan and,

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

21 that the President submits an annual budget to Con22 gress in accordance with section 1105(a) of title 31,

23 United States Code, an annual strategy for carrying

24 out the Domestic Terrorism Preparedness Plan in
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1 the fiscal year following the fiscal year in which the

2 strategy is submitted.

3 ‘‘(2) CONTENTS.—The annual strategy for a

4 fiscal year shall include the following:

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

6 exercise programs, response teams, grant pro7 grams, and other programs and activities re8 lated to domestic preparedness against a ter9 rorist attack conducted in the preceding fiscal

10 year and a determination as to whether any of

11 such programs or activities may be duplicative.

12 The inventory shall consist of a complete de13 scription of each such program and activity, in14 cluding the funding level and purpose of and

15 goal to be achieved by the program or activity.

16 ‘‘(B) If the Council determines under sub17 paragraph (A) that certain programs and activi18 ties are duplicative, a detailed plan for consoli19 dating, eliminating, or modifying the programs

20 and activities.

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

22 exercise programs, grant programs, response

23 teams, and other programs and activities to be

24 conducted in such fiscal year under the Domes25 tic Terrorism Preparedness Plan and measur-
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1 able objectives to be achieved in such fiscal year

2 for enhancing domestic preparedness against a

3 terrorist attack. The inventory shall provide for

4 implementation of any plan developed under

5 subparagraph (B), relating to duplicative pro6 grams and activities.

7 ‘‘(D) A complete assessment of how re8 source allocation recommendations developed

9 under section 654(a) are intended to implement

10 the annual strategy.

11 ‘‘(d) CONSULTATION.—

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

13 Terrorism Preparedness Plan and each annual strat14 egy for carrying out the plan, the Council shall con15 sult with—

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

17 and agency that will have responsibilities under

18 the Domestic Terrorism Preparedness Plan or

19 annual strategy;

20 ‘‘(B) Congress;

21 ‘‘(C) State and local officials;

22 ‘‘(D) congressionally authorized panels;

23 and
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1 ‘‘(E) emergency preparedness organiza2 tions with memberships that include State and

3 local emergency responders.

4 ‘‘(2) REPORTS.—As part of the Domestic Ter5 rorism Preparedness Plan and each annual strategy

6 for carrying out the plan, the Council shall include

7 a written statement indicating the persons consulted

8 under this subsection and the recommendations

9 made by such persons.

10 ‘‘(e) TRANSMISSION OF CLASSIFIED INFORMA11 TION.—Any part of the Domestic Terrorism Preparedness

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

13 involves information properly classified under criteria es14 tablished by an Executive order shall be presented to Con15 gress separately.

16 ‘‘(f) RISK OF TERRORIST ATTACKS AGAINST TRANS17 PORTATION FACILITIES.—

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

19 risk assessment under subsection (b), the Council

20 shall designate an entity to assess the risk of ter21 rorist attacks against transportation facilities, per22 sonnel, and passengers.

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

24 risk assessment under subsection (b), the Council
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1 shall ensure that the following three tasks are ac2 complished:

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

4 which transportation facilities, personnel, and

5 passengers have been the target of terrorist at6 tacks and the extent to which such facilities,

7 personnel, and passengers are vulnerable to

8 such attacks.

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

10 can be used to combat terrorist attacks against

11 transportation facilities, personnel, and pas12 sengers, and the extent to which such laws are

13 enforced. The evaluation may also include a re14 view of applicable State laws.

15 ‘‘(C) An evaluation of available tech16 nologies and practices to determine the best

17 means of protecting transportation facilities,

18 personnel, and passengers against terrorist at19 tacks.

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

21 and risk assessment under subsection (b), the Coun22 cil shall consult with the Secretary of Transpor23 tation, representatives of persons providing transpor24 tation, and representatives of employees of such per25 sons.
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1 ‘‘(g) MONITORING.—The Council, with the assistance

2 of the Inspector General of the relevant Federal depart3 ment or agency as needed, shall monitor the implementa4 tion of the Domestic Terrorism Preparedness Plan, includ5 ing conducting program and performance audits and eval6 uations.

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

8 ‘‘(a) RECOMMENDATIONS REGARDING RESOURCE

9 ALLOCATIONS.—

10 ‘‘(1) TRANSMITTAL TO COUNCIL.—Each Fed11 eral Government program manager, agency head,

12 and department head with responsibilities under the

13 Domestic Terrorism Preparedness Plan shall trans14 mit to the Council for each fiscal year recommended

15 resource allocations for programs and activities re16 lating to such responsibilities on or before the earlier

17 of—

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

19 budget submission of the department or agency

20 to the Director of the Office of Management

21 and Budget for the fiscal year; or

22 ‘‘(B) August 15 of the fiscal year pre23 ceding the fiscal year for which the rec24 ommendations are being made.
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1 ‘‘(2) TRANSMITTAL TO THE OFFICE OF MAN2 AGEMENT AND BUDGET.—The Council shall develop

3 for each fiscal year recommendations regarding re4 source allocations for each program and activity

5 identified in the annual strategy completed under

6 section 653 for the fiscal year. Such recommenda7 tions shall be submitted to the relevant departments

8 and agencies and to the Director of the Office of

9 Management and Budget. The Director of the Office

10 of Management and Budget shall consider such rec11 ommendations in formulating the annual budget of

12 the President submitted to Congress under section

13 1105(a) of title 31, United States Code, and shall

14 provide to the Council a written explanation in any

15 case in which the Director does not accept such a

16 recommendation.

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

18 records regarding recommendations made and writ19 ten explanations received under paragraph (2) and

20 shall provide such records to Congress upon request.

21 The Council may not fulfill such a request before the

22 date of submission of the relevant annual budget of

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

24 title 31, United States Code.
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1 ‘‘(4) NEW PROGRAMS OR REALLOCATION OF

2 RESOURCES.—The head of a Federal department or

3 agency shall consult with the Council before acting

4 to enhance the capabilities of State and local emer5 gency preparedness and response personnel with re6 spect to terrorist attacks by—

7 ‘‘(A) establishing a new program or office;

8 or

9 ‘‘(B) reallocating resources, including Fed10 eral response teams.

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

12 LOCAL PROGRAMS.

13 ‘‘The Council shall provide for the establishment of

14 voluntary guidelines for the terrorist attack preparedness

15 programs of State and local governmental entities for the

16 purpose of providing guidance in the development and im17 plementation of such programs. The guidelines shall ad18 dress equipment, exercises, and training and shall estab19 lish a desired threshold level of preparedness for State and

20 local emergency responders.

21 ‘‘SEC. 656. POWERS OF COUNCIL.

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

23 ‘‘(1) direct, with the concurrence of the Sec24 retary of a department or head of an agency, the

25 temporary reassignment within the Federal Govern-
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1 ment of personnel employed by such department or

2 agency;

3 ‘‘(2) use for administrative purposes, on a reim4 bursable basis, the available services, equipment,

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

6 agencies;

7 ‘‘(3) procure the services of experts and con8 sultants in accordance with section 3109 of title 5,

9 United States Code, relating to appointments in the

10 Federal Service, at rates of compensation for indi11 viduals not to exceed the daily equivalent of the rate

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

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

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

15 Federal, State, and local government agencies;

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

17 other department or agency of the executive branch;

18 and

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

20 General of a Federal department or agency in con21 ducting audits and evaluations under section 653(g).

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

23 COUNCIL EFFORTS.

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

25 adviser to the National Security Council on Federal efforts
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1 to assist State and local governmental entities in domestic

2 terrorist attack preparedness matters, and subject to the

3 direction of the President, attend and participate in meet4 ings of the National Security Council. The Council may,

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

6 National Security Council’s working group structure.

7 ‘‘SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF COUNCIL.

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

9 an Executive Director who shall be appointed by the Presi10 dent.

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

12 such personnel as the Executive Director considers appro13 priate. Such personnel shall be assigned to the Council on

14 a full-time basis and shall report to the Executive Direc15 tor.

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

17 Executive Office of the President shall provide to the

18 Council, on a reimbursable basis, such administrative sup19 port services, including office space, as the Council may

20 request.

21 ‘‘SEC. 659. COORDINATION WITH EXECUTIVE BRANCH DE22 PARTMENTS AND AGENCIES.

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

24 Federal department and agency with responsibilities under

25 the Domestic Terrorism Preparedness Plan shall cooper-
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1 ate with the Council and, subject to laws governing disclo2 sure of information, provide such assistance, information,

3 and advice as the Council may request.

4 ‘‘(b) CERTIFICATION OF POLICY CHANGES BY COUN5 CIL.—

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

7 department and agency with responsibilities under

8 the Domestic Terrorism Preparedness Plan shall,

9 unless exigent circumstances require otherwise, no10 tify the Council in writing regarding any proposed

11 change in policies relating to the activities of such

12 department or agency under the Domestic Terrorism

13 Preparedness Plan prior to implementation of such

14 change. The Council shall promptly review such pro15 posed change and certify to the department or agen16 cy head in writing whether such change is consistent

17 with the Domestic Terrorism Preparedness Plan.

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

19 prior notice of a proposed change under paragraph

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

21 shall notify the Council as soon as practicable. The

22 Council shall review such change and certify to the

23 department or agency head in writing whether such

24 change is consistent with the Domestic Terrorism

25 Preparedness Plan.
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1 ‘‘SEC. 660. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

5 through 2005. Such sums shall remain available until ex6 pended.’’.

7 SEC. 305. DISASTER GRANT CLOSEOUT PROCEDURES.

8 Title VII of the Robert T. Stafford Disaster Relief

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

10 is amended by adding at the end the following:

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

12 ‘‘(a) STATUTE OF LIMITATIONS.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), no administrative action to recover any

15 payment made to a State or local government for

16 disaster or emergency assistance under this Act shall

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

18 years after the date of transmission of the final ex19 penditure report for the disaster or emergency.

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

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

22 civil or criminal fraud.

23 ‘‘(b) REBUTTAL OF PRESUMPTION OF RECORD

24 MAINTENANCE.—

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

26 under this section after the date that is 3 years after
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1 the date of transmission of the final expenditure re2 port for the disaster or emergency, there shall be a

3 presumption that accounting records were main4 tained that adequately identify the source and appli5 cation of funds provided for financially assisted ac6 tivities.

7 ‘‘(2) AFFIRMATIVE EVIDENCE.—The presump8 tion described in paragraph (1) may be rebutted

9 only on production of affirmative evidence that the

10 State or local government did not maintain docu11 mentation described in that paragraph.

12 ‘‘(3) INABILITY TO PRODUCE DOCUMENTA13 TION.—The inability of the Federal, State, or local

14 government to produce source documentation sup15 porting expenditure reports later than 3 years after

16 the date of transmission of the final expenditure re17 port shall not constitute evidence to rebut the pre18 sumption described in paragraph (1).

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

20 which the Federal, State, or local government has

21 the right to access source documentation shall not be

22 limited to the required 3-year retention period re23 ferred to in paragraph (3), but shall last as long as

24 the records are maintained.
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1 ‘‘(c) BINDING NATURE OF GRANT REQUIRE2 MENTS.—A State or local government shall not be liable

3 for reimbursement or any other penalty for any payment

4 made under this Act if—

5 ‘‘(1) the payment was authorized by an ap6 proved agreement specifying the costs;

7 ‘‘(2) the costs were reasonable; and

8 ‘‘(3) the purpose of the grant was accom9 plished.’’.

10 SEC. 306. PUBLIC SAFETY OFFICER BENEFITS FOR CER11 TAIN FEDERAL AND STATE EMPLOYEES.

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

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

14 3796b) is amended by striking paragraph (7) and insert15 ing the following:

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

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

18 in an official capacity, with or without com19 pensation, as a law enforcement officer, as a

20 firefighter, or as a member of a rescue squad

21 or ambulance crew;

22 ‘‘(B) an employee of the Federal Emer23 gency Management Agency who is performing

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

25 official duties—
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1 ‘‘(i) are related to a major disaster or

2 emergency that has been, or is later, de3 clared to exist with respect to the area

4 under the Robert T. Stafford Disaster Re5 lief and Emergency Assistance Act (42

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

7 ‘‘(ii) are determined by the Director

8 of the Federal Emergency Management

9 Agency to be hazardous duties; or

10 ‘‘(C) an employee of a State, local, or trib11 al emergency management or civil defense agen12 cy who is performing official duties in coopera13 tion with the Federal Emergency Management

14 Agency in an area, if those official duties—

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

16 emergency that has been, or is later, de17 clared to exist with respect to the area

18 under the Robert T. Stafford Disaster Re19 lief and Emergency Assistance Act (42

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

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

22 the agency to be hazardous duties.’’.

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

24 subsection (a) applies only to employees described in sub25 paragraphs (B) and (C) of section 1204(7) of the Omni-
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1 bus Crime Control and Safe Streets Act of 1968 (as

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

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

4 this Act.

5 SEC. 307. BUY AMERICAN.

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

7 funds authorized to be appropriated under this Act or any

8 amendment made by this Act may be expended by an enti9 ty unless the entity, in expending the funds, complies with

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

11 (b) DEBARMENT OF PERSONS CONVICTED OF

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

13 (1) IN GENERAL.—If the Director of the Fed14 eral Emergency Management Agency determines

15 that a person has been convicted of intentionally

16 affixing a label bearing a ‘‘Made in America’’ in17 scription to any product sold in or shipped to the

18 United States that is not made in America, the Di19 rector shall determine, not later than 90 days after

20 determining that the person has been so convicted,

21 whether the person should be debarred from con22 tracting under the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act (42 U.S.C. 5121

24 et seq.).
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1 (2) DEFINITION OF DEBAR.—In this sub2 section, the term ‘‘debar’’ has the meaning given the

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

4 Code.

5 SEC. 308. TREATMENT OF CERTAIN REAL PROPERTY.

6 (a) IN GENERAL.—Notwithstanding the National

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

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

9 4002 et seq.), or any other provision of law, or any flood

10 risk zone identified, delineated, or established under any

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

12 real property described in subsection (b) shall not be con13 sidered to be, or to have been, located in any area having

14 special flood hazards (including any floodway or flood15 plain).

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

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

18 located in the Maple Terrace Subdivisions in the city of

19 Sycamore, DeKalb County, Illinois, including—

20 (1) Maple Terrace Phase I;

21 (2) Maple Terrace Phase II;

22 (3) Maple Terrace Phase III Unit 1;

23 (4) Maple Terrace Phase III Unit 2;

24 (5) Maple Terrace Phase III Unit 3;

25 (6) Maple Terrace Phase IV Unit 1;
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1 (7) Maple Terrace Phase IV Unit 2; and

2 (8) Maple Terrace Phase IV Unit 3.

3 (c) REVISION OF FLOOD INSURANCE RATE LOT

4 MAPS.—As soon as practicable after the date of enact5 ment of this Act, the Director of the Federal Emergency

6 Management Agency shall revise the appropriate flood in7 surance rate lot maps of the agency to reflect the treat8 ment under subsection (a) of the real property described

9 in subsection (b).

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

11 EMERGENCY MANAGEMENT.

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

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

14 in section 4 of the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 450b).

16 (b) STUDY.—

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

18 Emergency Management Agency shall conduct a

19 study of participation by Indian tribes in emergency

20 management.

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

22 (A) survey participation by Indian tribes in

23 training, predisaster and postdisaster mitiga24 tion, disaster preparedness, and disaster recov-
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1 ery programs at the Federal and State levels;

2 and

3 (B) review and assess the capacity of In4 dian tribes to participate in cost-shared emer5 gency management programs and to participate

6 in the management of the programs.

7 (3) CONSULTATION.—In conducting the study,

8 the Director shall consult with Indian tribes.

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

10 of enactment of this Act, the Director shall submit a re11 port on the study under subsection (b) to—

12 (1) the Committee on Environment and Public

13 Works of the Senate;

14 (2) the Committee on Transportation and In15 frastructure of the House of Representatives;

16 (3) the Committee on Appropriations of the

17 Senate; and

18 (4) the Committee on Appropriations of the

19 House of Representatives.

Æ