PUBLIC LAW 106–390—OCT. 30, 2000

DISASTER MITIGATION ACT OF 2000

114 STAT. 1552 PUBLIC LAW 106–390—OCT. 30, 2000

Public Law 106–390

106th Congress

An Act

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act

to authorize a program for predisaster mitigation, to streamline the administration

of disaster relief, to control the Federal costs of disaster assistance, and for

other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Mitigation Act of 2000’’.

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

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—PREDISASTER HAZARD MITIGATION

Sec. 101. Findings and purpose.

Sec. 102. Predisaster hazard mitigation.

Sec. 103. Interagency task force.

Sec. 104. Mitigation planning; minimum standards for public and private structures.

TITLE II—STREAMLINING AND COST REDUCTION

Sec. 201. Technical amendments.

Sec. 202. Management costs.

Sec. 203. Public notice, comment, and consultation requirements.

Sec. 204. State administration of hazard mitigation grant program.

Sec. 205. Assistance to repair, restore, reconstruct, or replace damaged facilities.

Sec. 206. Federal assistance to individuals and households.

Sec. 207. Community disaster loans.

Sec. 208. Report on State management of small disasters initiative.

Sec. 209. Study regarding cost reduction.

TITLE III—MISCELLANEOUS

Sec. 301. Technical correction of short title.

Sec. 302. Definitions.

Sec. 303. Fire management assistance.

Sec. 304. Disaster grant closeout procedures.

Sec. 305. Public safety officer benefits for certain Federal and State employees.

Sec. 306. Buy American.

Sec. 307. Treatment of certain real property.

Sec. 308. Study of participation by Indian tribes in emergency management.

TITLE I—PREDISASTER HAZARD

MITIGATION

SEC. 101. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that—

42 USC 5133

note.

42 USC 5121

note.

Disaster

Mitigation Act of

2000.

Oct. 30, 2000

[H.R. 707]

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1553

(1) natural disasters, including earthquakes, tsunamis,

tornadoes, hurricanes, flooding, and wildfires, pose great danger

to human life and to property throughout the United States;

(2) greater emphasis needs to be placed on—

(A) identifying and assessing the risks to States and

local governments (including Indian tribes) from natural

disasters;

(B) implementing adequate measures to reduce losses

from natural disasters; and

(C) ensuring that the critical services and facilities

of communities will continue to function after a natural

disaster;

(3) expenditures for postdisaster assistance are increasing

without commensurate reductions in the likelihood of future

losses from natural disasters;

(4) in the expenditure of Federal funds under the Robert

T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5121 et seq.), high priority should be given to mitigation

of hazards at the local level; and

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

and education, technical assistance, and demonstrated Federal

support, States and local governments (including Indian tribes)

will be able to—

(A) form effective community-based partnerships for

hazard mitigation purposes;

(B) implement effective hazard mitigation measures

that reduce the potential damage from natural disasters;

(C) ensure continued functionality of critical services;

(D) leverage additional non-Federal resources in

meeting natural disaster resistance goals; and

(E) make commitments to long-term hazard mitigation

efforts to be applied to new and existing structures.

(b) PURPOSE.—The purpose of this title is to establish a national

disaster hazard mitigation program—

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

economic disruption, and disaster assistance costs resulting

from natural disasters; and

(2) to provide a source of predisaster hazard mitigation

funding that will assist States and local governments (including

Indian tribes) in implementing effective hazard mitigation

measures that are designed to ensure the continued

functionality of critical services and facilities after a natural

disaster.

SEC. 102. PREDISASTER HAZARD MITIGATION.

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

Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is

amended by adding at the end the following:

‘‘SEC. 203. PREDISASTER HAZARD MITIGATION.

‘‘(a) DEFINITION OF SMALL IMPOVERISHED COMMUNITY.—In this

section, the term ‘small impoverished community’ means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is

located and based on criteria established by the President.

‘‘(b) ESTABLISHMENT OF PROGRAM.—The President may establish a program to provide technical and financial assistance to

States and local governments to assist in the implementation of

President.

42 USC 5133.

114 STAT. 1554 PUBLIC LAW 106–390—OCT. 30, 2000

predisaster hazard mitigation measures that are cost-effective and

are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities

under the jurisdiction of the States or local governments.

‘‘(c) APPROVAL BY PRESIDENT.—If the President determines that

a State or local government has identified natural disaster hazards

in areas under its jurisdiction and has demonstrated the ability

to form effective public-private natural disaster hazard mitigation

partnerships, the President, using amounts in the National

Predisaster Mitigation Fund established under subsection (i)

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

and financial assistance to the State or local government to be

used in accordance with subsection (e).

‘‘(d) STATE RECOMMENDATIONS.—

‘‘(1) IN GENERAL.—

‘‘(A) RECOMMENDATIONS.—The Governor of each State

may recommend to the President not fewer than five local

governments to receive assistance under this section.

‘‘(B) DEADLINE FOR SUBMISSION.—The recommendations under subparagraph (A) shall be submitted to the

President not later than October 1, 2001, and each October

1st thereafter or such later date in the year as the President may establish.

‘‘(C) CRITERIA.—In making recommendations under

subparagraph (A), a Governor shall consider the criteria

specified in subsection (g).

‘‘(2) USE.—

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

(B), in providing assistance to local governments under

this section, the President shall select from local governments recommended by the Governors under this subsection.

‘‘(B) EXTRAORDINARY CIRCUMSTANCES.—In providing

assistance to local governments under this section, the

President may select a local government that has not been

recommended by a Governor under this subsection if the

President determines that extraordinary circumstances justify the selection and that making the selection will further

the purpose of this section.

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

a State fails to submit recommendations under this subsection

in a timely manner, the President may select, subject to the

criteria specified in subsection (g), any local governments of

the State to receive assistance under this section.

‘‘(e) USES OF TECHNICAL AND FINANCIAL ASSISTANCE.—

‘‘(1) IN GENERAL.—Technical and financial assistance provided under this section—

‘‘(A) shall be used by States and local governments

principally to implement predisaster hazard mitigation

measures that are cost-effective and are described in proposals approved by the President under this section; and

‘‘(B) may be used—

‘‘(i) to support effective public-private natural disaster hazard mitigation partnerships;

‘‘(ii) to improve the assessment of a community’s

vulnerability to natural hazards; or

President.

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1555

‘‘(iii) to establish hazard mitigation priorities, and

an appropriate hazard mitigation plan, for a community.

‘‘(2) DISSEMINATION.—A State or local government may use

not more than 10 percent of the financial assistance received

by the State or local government under this section for a

fiscal year to fund activities to disseminate information

regarding cost-effective mitigation technologies.

‘‘(f ) ALLOCATION OF FUNDS.—The amount of financial assistance

made available to a State (including amounts made available to

local governments of the State) under this section for a fiscal

year—

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

‘‘(A) $500,000; or

‘‘(B) the amount that is equal to 1.0 percent of the

total funds appropriated to carry out this section for the

fiscal year;

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

in paragraph (1)(B); and

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

(g).

‘‘(g) CRITERIA FOR ASSISTANCE AWARDS.—In determining

whether to provide technical and financial assistance to a State

or local government under this section, the President shall take

into account—

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

‘‘(2) the degree of commitment of the State or local government to reduce damages from future natural disasters;

‘‘(3) the degree of commitment by the State or local government to support ongoing non-Federal support for the hazard

mitigation measures to be carried out using the technical and

financial assistance;

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

to be carried out using the technical and financial assistance

contribute to the mitigation goals and priorities established

by the State;

‘‘(5) the extent to which the technical and financial assistance is consistent with other assistance provided under this

Act;

‘‘(6) the extent to which prioritized, cost-effective mitigation

activities that produce meaningful and definable outcomes are

clearly identified;

‘‘(7) if the State or local government has submitted a mitigation plan under section 322, the extent to which the activities

identified under paragraph (6) are consistent with the mitigation plan;

‘‘(8) the opportunity to fund activities that maximize net

benefits to society;

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

activities in small impoverished communities; and

‘‘(10) such other criteria as the President establishes in

consultation with State and local governments.

‘‘(h) FEDERAL SHARE.—

‘‘(1) IN GENERAL.—Financial assistance provided under this

section may contribute up to 75 percent of the total cost of

mitigation activities approved by the President.

President.

114 STAT. 1556 PUBLIC LAW 106–390—OCT. 30, 2000

‘‘(2) SMALL IMPOVERISHED COMMUNITIES.—Notwithstanding

paragraph (1), the President may contribute up to 90 percent

of the total cost of a mitigation activity carried out in a small

impoverished community.

‘‘(i) NATIONAL PREDISASTER MITIGATION FUND.—

‘‘(1) ESTABLISHMENT.—The President may establish in the

Treasury of the United States a fund to be known as the

‘National Predisaster Mitigation Fund’, to be used in carrying

out this section.

‘‘(2) TRANSFERS TO FUND.—There shall be deposited in the

Fund—

‘‘(A) amounts appropriated to carry out this section,

which shall remain available until expended; and

‘‘(B) sums available from gifts, bequests, or donations

of services or property received by the President for the

purpose of predisaster hazard mitigation.

‘‘(3) EXPENDITURES FROM FUND.—Upon request by the

President, the Secretary of the Treasury shall transfer from

the Fund to the President such amounts as the President

determines are necessary to provide technical and financial

assistance under this section.

‘‘(4) INVESTMENT OF AMOUNTS.—

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

invest such portion of the Fund as is not, in the judgment

of the Secretary of the Treasury, required to meet current

withdrawals. Investments may be made only in interestbearing obligations of the United States.

‘‘(B) ACQUISITION OF OBLIGATIONS.—For the purpose

of investments under subparagraph (A), obligations may

be acquired—

‘‘(i) on original issue at the issue price; or

‘‘(ii) by purchase of outstanding obligations at the

market price.

‘‘(C) SALE OF OBLIGATIONS.—Any obligation acquired

by the Fund may be sold by the Secretary of the Treasury

at the market price.

‘‘(D) CREDITS TO FUND.—The interest on, and the proceeds from the sale or redemption of, any obligations held

in the Fund shall be credited to and form a part of the

Fund.

‘‘(E) TRANSFERS OF AMOUNTS.—

‘‘(i) IN GENERAL.—The amounts required to be

transferred to the Fund under this subsection shall

be transferred at least monthly from the general fund

of the Treasury to the Fund on the basis of estimates

made by the Secretary of the Treasury.

‘‘(ii) ADJUSTMENTS.—Proper adjustment shall be

made in amounts subsequently transferred to the

extent prior estimates were in excess of or less than

the amounts required to be transferred.

‘‘( j) LIMITATION ON TOTAL AMOUNT OF FINANCIAL ASSISTANCE.—

The President shall not provide financial assistance under this

section in an amount greater than the amount available in the

Fund.

‘‘(k) MULTIHAZARD ADVISORY MAPS.—

‘‘(1) DEFINITION OF MULTIHAZARD ADVISORY MAP.—In this

subsection, the term ‘multihazard advisory map’ means a map

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1557

on which hazard data concerning each type of natural disaster

is identified simultaneously for the purpose of showing areas

of hazard overlap.

‘‘(2) DEVELOPMENT OF MAPS.—In consultation with States,

local governments, and appropriate Federal agencies, the President shall develop multihazard advisory maps for areas, in

not fewer than five States, that are subject to commonly recurring natural hazards (including flooding, hurricanes and severe

winds, and seismic events).

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

advisory maps under this subsection, the President shall use,

to the maximum extent practicable, the most cost-effective and

efficient technology available.

‘‘(4) USE OF MAPS.—

‘‘(A) ADVISORY NATURE.—The multihazard advisory

maps shall be considered to be advisory and shall not

require the development of any new policy by, or impose

any new policy on, any government or private entity.

‘‘(B) AVAILABILITY OF MAPS.—The multihazard advisory

maps shall be made available to the appropriate State

and local governments for the purposes of—

‘‘(i) informing the general public about the risks

of natural hazards in the areas described in paragraph

(2);

‘‘(ii) supporting the activities described in subsection (e); and

‘‘(iii) other public uses.

‘‘(l) REPORT ON FEDERAL AND STATE ADMINISTRATION.—Not

later than 18 months after the date of the enactment of this section,

the President, in consultation with State and local governments,

shall submit to Congress a report evaluating efforts to implement

this section and recommending a process for transferring greater

authority and responsibility for administering the assistance program established under this section to capable States.

‘‘(m) TERMINATION OF AUTHORITY.—The authority provided by

this section terminates December 31, 2003.’’.

(b) CONFORMING AMENDMENT.—Title II of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131

et seq.) is amended by striking the title heading and inserting

the following:

‘‘TITLE II—DISASTER PREPAREDNESS

AND MITIGATION ASSISTANCE’’.

SEC. 103. INTERAGENCY TASK FORCE.

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

Assistance Act (42 U.S.C. 5131 et seq.) (as amended by section

102(a)) is amended by adding at the end the following:

‘‘SEC. 204. INTERAGENCY TASK FORCE.

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

interagency task force for the purpose of coordinating the

implementation of predisaster hazard mitigation programs administered by the Federal Government.

42 USC 5134.

Deadline.

President.

114 STAT. 1558 PUBLIC LAW 106–390—OCT. 30, 2000

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

Management Agency shall serve as the chairperson of the task

force.

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

include representatives of—

‘‘(1) relevant Federal agencies;

‘‘(2) State and local government organizations (including

Indian tribes); and

‘‘(3) the American Red Cross.’’.

SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC

AND PRIVATE STRUCTURES.

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

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

amended by adding at the end the following:

‘‘SEC. 322. MITIGATION PLANNING.

‘‘(a) REQUIREMENT OF MITIGATION PLAN.—As a condition of

receipt of an increased Federal share for hazard mitigation measures under subsection (e), a State, local, or tribal government shall

develop and submit for approval to the President a mitigation

plan that outlines processes for identifying the natural hazards,

risks, and vulnerabilities of the area under the jurisdiction of the

government.

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

by a local or tribal government shall—

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

vulnerabilities identified under the plan; and

‘‘(2) establish a strategy to implement those actions.

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

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

of areas in the State;

‘‘(2) support development of local mitigation plans;

‘‘(3) provide for technical assistance to local and tribal

governments for mitigation planning; and

‘‘(4) identify and prioritize mitigation actions that the State

will support, as resources become available.

‘‘(d) FUNDING.— ‘‘(1) IN GENERAL.—Federal contributions under section 404

may be used to fund the development and updating of mitigation plans under this section.

‘‘(2) MAXIMUM FEDERAL CONTRIBUTION.—With respect to

any mitigation plan, a State, local, or tribal government may

use an amount of Federal contributions under section 404 not

to exceed 7 percent of the amount of such contributions available to the government as of a date determined by the government.

‘‘(e) INCREASED FEDERAL SHARE FOR HAZARD MITIGATION MEASURES.—

‘‘(1) IN GENERAL.—If, at the time of the declaration of

a major disaster, a State has in effect an approved mitigation

plan under this section, the President may increase to 20 percent, with respect to the major disaster, the maximum percentage specified in the last sentence of section 404(a).

‘‘(2) FACTORS FOR CONSIDERATION.—In determining whether

to increase the maximum percentage under paragraph (1), the

President shall consider whether the State has established—

President.

42 USC 5165.

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1559

‘‘(A) eligibility criteria for property acquisition and

other types of mitigation measures;

‘‘(B) requirements for cost effectiveness that are related

to the eligibility criteria;

‘‘(C) a system of priorities that is related to the eligibility criteria; and

‘‘(D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the

mitigation action is complete.

‘‘SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES.

‘‘(a) IN GENERAL.—As a condition of receipt of a disaster loan

or grant under this Act—

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

to be financed with the loan or grant in accordance with

applicable standards of safety, decency, and sanitation and

in conformity with applicable codes, specifications, and standards; and

‘‘(2) the President may require safe land use and construction practices, after adequate consultation with appropriate

State and local government officials.

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

or grant under this Act shall provide such evidence of compliance

with this section as the President may require by regulation.’’.

(b) LOSSES FROM STRAIGHT LINE WINDS.—The President shall

increase the maximum percentage specified in the last sentence

of section 404(a) of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5170c(a)) from 15 percent

to 20 percent with respect to any major disaster that is in the

State of Minnesota and for which assistance is being provided

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

assistance provided under this subsection shall not exceed

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

shall be related to losses in the State of Minnesota from straight

line winds.

(c) CONFORMING AMENDMENTS.—

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

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

amended—

(A) in the second sentence, by striking ‘‘section 409’’

and inserting ‘‘section 322’’; and

(B) in the third sentence, by striking ‘‘The total’’ and

inserting ‘‘Subject to section 322, the total’’.

(2) Section 409 of the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5176) is repealed.

TITLE II—STREAMLINING AND COST

REDUCTION

SEC. 201. TECHNICAL AMENDMENTS.

Section 311 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5154) is amended in subsections

(a)(1), (b), and (c) by striking ‘‘section 803 of the Public Works

and Economic Development Act of 1965’’ each place it appears

President.

42 USC 5165a.

114 STAT. 1560 PUBLIC LAW 106–390—OCT. 30, 2000

and inserting ‘‘section 209(c)(2) of the Public Works and Economic

Development Act of 1965 (42 U.S.C. 3149(c)(2))’’.

SEC. 202. MANAGEMENT COSTS.

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

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

amended by section 104(a)) is amended by adding at the end the

following:

‘‘SEC. 324. MANAGEMENT COSTS.

‘‘(a) DEFINITION OF MANAGEMENT COST.—In this section, the

term ‘management cost’ includes any indirect cost, any administrative expense, and any other expense not directly chargeable to

a specific project under a major disaster, emergency, or disaster

preparedness or mitigation activity or measure.

‘‘(b) ESTABLISHMENT OF MANAGEMENT COST RATES.—Notwithstanding any other provision of law (including any administrative

rule or guidance), the President shall by regulation establish

management cost rates, for grantees and subgrantees, that shall

be used to determine contributions under this Act for management

costs.

‘‘(c) REVIEW.—The President shall review the management cost

rates established under subsection (b) not later than 3 years after

the date of establishment of the rates and periodically thereafter.’’.

(b) APPLICABILITY.—

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

and (b) of section 324 of the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (as added by subsection (a))

shall apply to major disasters declared under that Act on or

after the date of the enactment of this Act.

(2) INTERIM AUTHORITY.—Until the date on which the President establishes the management cost rates under section 324

of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by subsection (a)), section 406(f ) of the

Robert T. Stafford Disaster Relief and Emergency Assistance

Act (42 U.S.C. 5172(f )) (as in effect on the day before the

date of the enactment of this Act) shall be used to establish

management cost rates.

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

Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended by

section 202(a)) is amended by adding at the end the following:

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

‘‘(a) PUBLIC NOTICE AND COMMENT CONCERNING NEW OR MODIFIED POLICIES.—

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

notice and opportunity for comment before adopting any new

or modified policy that—

‘‘(A) governs implementation of the public assistance

program administered by the Federal Emergency Management Agency under this Act; and

‘‘(B) could result in a significant reduction of assistance

under the program.

President.

42 USC 5165c.

42 USC 5165b

note.

Deadline.

Regulations.

42 USC 5165b.

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1561

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

(1) shall apply only to a major disaster or emergency declared

on or after the date on which the policy is adopted.

‘‘(b) CONSULTATION CONCERNING INTERIM POLICIES.—

‘‘(1) IN GENERAL.—Before adopting any interim policy under

the public assistance program to address specific conditions

that relate to a major disaster or emergency that has been

declared under this Act, the President, to the maximum extent

practicable, shall solicit the views and recommendations of

grantees and subgrantees with respect to the major disaster

or emergency concerning the potential interim policy, if the

interim policy is likely—

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

to applicants for the assistance with respect to the major

disaster or emergency; or

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

which the Federal Government is a party concerning the

declaration of the major disaster or emergency.

‘‘(2) NO LEGAL RIGHT OF ACTION.—Nothing in this subsection confers a legal right of action on any party.

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

to policies governing the implementation of the public assistance

program.’’.

SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT

PROGRAM.

Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at

the end the following:

‘‘(c) PROGRAM ADMINISTRATION BY STATES.—

‘‘(1) IN GENERAL.—A State desiring to administer the

hazard mitigation grant program established by this section

with respect to hazard mitigation assistance in the State may

submit to the President an application for the delegation of

the authority to administer the program.

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

coordination with States and local governments, shall establish

criteria for the approval of applications submitted under paragraph (1). The criteria shall include, at a minimum—

‘‘(A) the demonstrated ability of the State to manage

the grant program under this section;

‘‘(B) there being in effect an approved mitigation plan

under section 322; and

‘‘(C) a demonstrated commitment to mitigation activities.

‘‘(3) APPROVAL.—The President shall approve an application

submitted under paragraph (1) that meets the criteria established under paragraph (2).

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

application of a State submitted under paragraph (1), the President determines that the State is not administering the hazard

mitigation grant program established by this section in a

manner satisfactory to the President, the President shall withdraw the approval.

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

audits of the hazard mitigation grant programs administered

by States under this subsection.’’.

President.

President.

President.

114 STAT. 1562 PUBLIC LAW 106–390—OCT. 30, 2000

SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR

REPLACE DAMAGED FACILITIES.

(a) CONTRIBUTIONS.—Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is

amended by striking subsection (a) and inserting the following:

‘‘(a) CONTRIBUTIONS.—

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

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

restoration, reconstruction, or replacement of a public

facility damaged or destroyed by a major disaster and

for associated expenses incurred by the government; and

‘‘(B) subject to paragraph (3), to a person that owns

or operates a private nonprofit facility damaged or

destroyed by a major disaster for the repair, restoration,

reconstruction, or replacement of the facility and for associated expenses incurred by the person.

‘‘(2) ASSOCIATED EXPENSES.—For the purposes of this section, associated expenses shall include—

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

Guard for performance of eligible work;

‘‘(B) the costs of using prison labor to perform eligible

work, including wages actually paid, transportation to a

worksite, and extraordinary costs of guards, food, and

lodging; and

‘‘(C) base and overtime wages for the employees and

extra hires of a State, local government, or person described

in paragraph (1) that perform eligible work, plus fringe

benefits on such wages to the extent that such benefits

were being paid before the major disaster.

‘‘(3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT

FACILITIES.—

‘‘(A) IN GENERAL.—The President may make contributions to a private nonprofit facility under paragraph (1)(B)

only if—

‘‘(i) the facility provides critical services (as defined

by the President) in the event of a major disaster;

or

‘‘(ii) the owner or operator of the facility—

‘‘(I) has applied for a disaster loan under section 7(b) of the Small Business Act (15 U.S.C.

636(b)); and

‘‘(II)(aa) has been determined to be ineligible

for such a loan; or

‘‘(bb) has obtained such a loan in the maximum

amount for which the Small Business Administration determines the facility is eligible.

‘‘(B) DEFINITION OF CRITICAL SERVICES.—In this paragraph, the term ‘critical services’ includes power, water

(including water provided by an irrigation organization

or facility), sewer, wastewater treatment, communications,

and emergency medical care.

‘‘(4) NOTIFICATION TO CONGRESS.—Before making any contribution under this section in an amount greater than

$20,000,000, the President shall notify—

‘‘(A) the Committee on Environment and Public Works

of the Senate;

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1563

‘‘(B) the Committee on Transportation and Infrastructure of the House of Representatives;

‘‘(C) the Committee on Appropriations of the Senate;

and

‘‘(D) the Committee on Appropriations of the House

of Representatives.’’.

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

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)

is amended by striking subsection (b) and inserting the following:

‘‘(b) FEDERAL SHARE.—

‘‘(1) MINIMUM FEDERAL SHARE.—Except as provided in paragraph (2), the Federal share of assistance under this section

shall be not less than 75 percent of the eligible cost of repair,

restoration, reconstruction, or replacement carried out under

this section.

‘‘(2) REDUCED FEDERAL SHARE.—The President shall

promulgate regulations to reduce the Federal share of assistance under this section to not less than 25 percent in the

case of the repair, restoration, reconstruction, or replacement

of any eligible public facility or private nonprofit facility following an event associated with a major disaster—

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

within the preceding 10-year period, by the same type

of event; and

‘‘(B) the owner of which has failed to implement appropriate mitigation measures to address the hazard that

caused the damage to the facility.’’.

(c) LARGE IN-LIEU CONTRIBUTIONS.—Section 406 of the Robert

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

5172) is amended by striking subsection (c) and inserting the following:

‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.—

‘‘(1) FOR PUBLIC FACILITIES.—

‘‘(A) IN GENERAL.—In any case in which a State or

local government determines that the public welfare would

not best be served by repairing, restoring, reconstructing,

or replacing any public facility owned or controlled by

the State or local government, the State or local government may elect to receive, in lieu of a contribution under

subsection (a)(1)(A), a contribution in an amount equal

to 75 percent of the Federal share of the Federal estimate

of the cost of repairing, restoring, reconstructing, or

replacing the facility and of management expenses.

‘‘(B) AREAS WITH UNSTABLE SOIL.—In any case in which

a State or local government determines that the public

welfare would not best be served by repairing, restoring,

reconstructing, or replacing any public facility owned or

controlled by the State or local government because soil

instability in the disaster area makes repair, restoration,

reconstruction, or replacement infeasible, the State or local

government may elect to receive, in lieu of a contribution

under subsection (a)(1)(A), a contribution in an amount

equal to 90 percent of the Federal share of the Federal

estimate of the cost of repairing, restoring, reconstructing,

or replacing the facility and of management expenses.

‘‘(C) USE OF FUNDS.—Funds contributed to a State

or local government under this paragraph may be used—

President.

Regulations.

114 STAT. 1564 PUBLIC LAW 106–390—OCT. 30, 2000

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

public facilities;

‘‘(ii) to construct new facilities; or

‘‘(iii) to fund hazard mitigation measures that the

State or local government determines to be necessary

to meet a need for governmental services and functions

in the area affected by the major disaster.

‘‘(D) LIMITATIONS.—Funds made available to a State

or local government under this paragraph may not be used

for—

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

floodway (as defined in section 59.1 of title 44, Code

of Federal Regulations (or a successor regulation)); or

‘‘(ii) any uninsured public facility located in a special flood hazard area identified by the Director of

the Federal Emergency Management Agency under the

National Flood Insurance Act of 1968 (42 U.S.C. 4001

et seq.).

‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.—

‘‘(A) IN GENERAL.—In any case in which a person that

owns or operates a private nonprofit facility determines

that the public welfare would not best be served by

repairing, restoring, reconstructing, or replacing the

facility, the person may elect to receive, in lieu of a contribution under subsection (a)(1)(B), a contribution in an

amount equal to 75 percent of the Federal share of the

Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management

expenses.

‘‘(B) USE OF FUNDS.—Funds contributed to a person

under this paragraph may be used—

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

private nonprofit facilities owned or operated by the

person;

‘‘(ii) to construct new private nonprofit facilities

to be owned or operated by the person; or

‘‘(iii) to fund hazard mitigation measures that the

person determines to be necessary to meet a need

for the person’s services and functions in the area

affected by the major disaster.

‘‘(C) LIMITATIONS.—Funds made available to a person

under this paragraph may not be used for—

‘‘(i) any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44,

Code of Federal Regulations (or a successor regulation)); or

‘‘(ii) any uninsured private nonprofit facility

located in a special flood hazard area identified by

the Director of the Federal Emergency Management

Agency under the National Flood Insurance Act of

1968 (42 U.S.C. 4001 et seq.).’’.

(d) ELIGIBLE COST.—

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

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)

is amended by striking subsection (e) and inserting the following:

‘‘(e) ELIGIBLE COST.—

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1565

‘‘(1) DETERMINATION.— ‘‘(A) IN GENERAL.—For the purposes of this section,

the President shall estimate the eligible cost of repairing,

restoring, reconstructing, or replacing a public facility or

private nonprofit facility—

‘‘(i) on the basis of the design of the facility as

the facility existed immediately before the major disaster; and

‘‘(ii) in conformity with codes, specifications, and

standards (including floodplain management and

hazard mitigation criteria required by the President

or under the Coastal Barrier Resources Act (16 U.S.C.

3501 et seq.)) applicable at the time at which the

disaster occurred.

‘‘(B) COST ESTIMATION PROCEDURES.—

‘‘(i) IN GENERAL.—Subject to paragraph (2), the

President shall use the cost estimation procedures

established under paragraph (3) to determine the

eligible cost under this subsection.

‘‘(ii) APPLICABILITY.—The procedures specified in

this paragraph and paragraph (2) shall apply only

to projects the eligible cost of which is equal to or

greater than the amount specified in section 422.

‘‘(2) MODIFICATION OF ELIGIBLE COST.—

‘‘(A) ACTUAL COST GREATER THAN CEILING PERCENTAGE

OF ESTIMATED COST.—In any case in which the actual cost

of repairing, restoring, reconstructing, or replacing a facility

under this section is greater than the ceiling percentage

established under paragraph (3) of the cost estimated under

paragraph (1), the President may determine that the

eligible cost includes a portion of the actual cost of the

repair, restoration, reconstruction, or replacement that

exceeds the cost estimated under paragraph (1).

‘‘(B) ACTUAL COST LESS THAN ESTIMATED COST.—

‘‘(i) GREATER THAN OR EQUAL TO FLOOR PERCENTAGE OF ESTIMATED COST.—In any case in which the

actual cost of repairing, restoring, reconstructing, or

replacing a facility under this section is less than 100

percent of the cost estimated under paragraph (1),

but is greater than or equal to the floor percentage

established under paragraph (3) of the cost estimated

under paragraph (1), the State or local government

or person receiving funds under this section shall use

the excess funds to carry out cost-effective activities

that reduce the risk of future damage, hardship, or

suffering from a major disaster.

‘‘(ii) LESS THAN FLOOR PERCENTAGE OF ESTIMATED

COST.—In any case in which the actual cost of

repairing, restoring, reconstructing, or replacing a

facility under this section is less than the floor percentage established under paragraph (3) of the cost estimated under paragraph (1), the State or local government or person receiving assistance under this section

shall reimburse the President in the amount of the

difference.

‘‘(C) NO EFFECT ON APPEALS PROCESS.—Nothing in this

paragraph affects any right of appeal under section 423.

114 STAT. 1566 PUBLIC LAW 106–390—OCT. 30, 2000

‘‘(3) EXPERT PANEL.— ‘‘(A) ESTABLISHMENT.—Not later than 18 months after

the date of the enactment of this paragraph, the President,

acting through the Director of the Federal Emergency

Management Agency, shall establish an expert panel, which

shall include representatives from the construction industry

and State and local government.

‘‘(B) DUTIES.—The expert panel shall develop recommendations concerning—

‘‘(i) procedures for estimating the cost of repairing,

restoring, reconstructing, or replacing a facility consistent with industry practices; and

‘‘(ii) the ceiling and floor percentages referred to

in paragraph (2).

‘‘(C) REGULATIONS.—Taking into account the recommendations of the expert panel under subparagraph

(B), the President shall promulgate regulations that

establish—

‘‘(i) cost estimation procedures described in

subparagraph (B)(i); and

‘‘(ii) the ceiling and floor percentages referred to

in paragraph (2).

‘‘(D) REVIEW BY PRESIDENT.—Not later than 2 years

after the date of promulgation of regulations under

subparagraph (C) and periodically thereafter, the President

shall review the cost estimation procedures and the ceiling

and floor percentages established under this paragraph.

‘‘(E) REPORT TO CONGRESS.—Not later than 1 year after

the date of promulgation of regulations under subparagraph (C), 3 years after that date, and at the end of

each 2-year period thereafter, the expert panel shall submit

to Congress a report on the appropriateness of the cost

estimation procedures.

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

repaired, restored, reconstructed, or replaced under this section

was under construction on the date of the major disaster,

the cost of repairing, restoring, reconstructing, or replacing

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

those costs that, under the contract for the construction, are

the owner’s responsibility and not the contractor’s responsibility.’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph

(1) takes effect on the date of the enactment of this Act and

applies to funds appropriated after the date of the enactment

of this Act, except that paragraph (1) of section 406(e) of the

Robert T. Stafford Disaster Relief and Emergency Assistance

Act (as amended by paragraph (1)) takes effect on the date

on which the cost estimation procedures established under paragraph (3) of that section take effect.

(e) CONFORMING AMENDMENT.—Section 406 of the Robert T.

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

5172) is amended by striking subsection (f ).

SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

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

Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended

to read as follows:

42 USC 5172

note.

Deadline.

Deadline.

President.

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1567

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

‘‘(a) IN GENERAL.—

‘‘(1) PROVISION OF ASSISTANCE.—In accordance with this

section, the President, in consultation with the Governor of

a State, may provide financial assistance, and, if necessary,

direct services, to individuals and households in the State who,

as a direct result of a major disaster, have necessary expenses

and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other

means.

‘‘(2) RELATIONSHIP TO OTHER ASSISTANCE.—Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) solely

on the basis that the individual or household has not applied

for or received any loan or other financial assistance from

the Small Business Administration or any other Federal agency.

‘‘(b) HOUSING ASSISTANCE.—

‘‘(1) ELIGIBILITY.—The President may provide financial or

other assistance under this section to individuals and households to respond to the disaster-related housing needs of

individuals and households who are displaced from their

predisaster primary residences or whose predisaster primary

residences are rendered uninhabitable as a result of damage

caused by a major disaster.

‘‘(2) DETERMINATION OF APPROPRIATE TYPES OF ASSISTANCE.—

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

appropriate types of housing assistance to be provided

under this section to individuals and households described

in subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and

such other factors as the President may consider appropriate.

‘‘(B) MULTIPLE TYPES OF ASSISTANCE.—One or more

types of housing assistance may be made available under

this section, based on the suitability and availability of

the types of assistance, to meet the needs of individuals

and households in the particular disaster situation.

‘‘(c) TYPES OF HOUSING ASSISTANCE.—

‘‘(1) TEMPORARY HOUSING.—

‘‘(A) FINANCIAL ASSISTANCE.—

‘‘(i) IN GENERAL.—The President may provide

financial assistance to individuals or households to

rent alternate housing accommodations, existing rental

units, manufactured housing, recreational vehicles, or

other readily fabricated dwellings.

‘‘(ii) AMOUNT.—The amount of assistance under

clause (i) shall be based on the fair market rent for

the accommodation provided plus the cost of any

transportation, utility hookups, or unit installation not

provided directly by the President.

‘‘(B) DIRECT ASSISTANCE.—

‘‘(i) IN GENERAL.—The President may provide temporary housing units, acquired by purchase or lease,

directly to individuals or households who, because of

a lack of available housing resources, would be unable

President.

114 STAT. 1568 PUBLIC LAW 106–390—OCT. 30, 2000

to make use of the assistance provided under subparagraph (A).

‘‘(ii) PERIOD OF ASSISTANCE.—The President may

not provide direct assistance under clause (i) with

respect to a major disaster after the end of the 18-

month period beginning on the date of the declaration

of the major disaster by the President, except that

the President may extend that period if the President

determines that due to extraordinary circumstances

an extension would be in the public interest.

‘‘(iii) COLLECTION OF RENTAL CHARGES.—After the

end of the 18-month period referred to in clause (ii),

the President may charge fair market rent for each

temporary housing unit provided.

‘‘(2) REPAIRS.—

‘‘(A) IN GENERAL.—The President may provide financial

assistance for—

‘‘(i) the repair of owner-occupied private residences,

utilities, and residential infrastructure (such as a private access route) damaged by a major disaster to

a safe and sanitary living or functioning condition;

and

‘‘(ii) eligible hazard mitigation measures that

reduce the likelihood of future damage to such residences, utilities, or infrastructure.

‘‘(B) RELATIONSHIP TO OTHER ASSISTANCE.—A recipient

of assistance provided under this paragraph shall not be

required to show that the assistance can be met through

other means, except insurance proceeds.

‘‘(C) MAXIMUM AMOUNT OF ASSISTANCE.—The amount

of assistance provided to a household under this paragraph

shall not exceed $5,000, as adjusted annually to reflect

changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.

‘‘(3) REPLACEMENT.—

‘‘(A) IN GENERAL.—The President may provide financial

assistance for the replacement of owner-occupied private

residences damaged by a major disaster.

‘‘(B) MAXIMUM AMOUNT OF ASSISTANCE.—The amount

of assistance provided to a household under this paragraph

shall not exceed $10,000, as adjusted annually to reflect

changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.

‘‘(C) APPLICABILITY OF FLOOD INSURANCE REQUIREMENT.—With respect to assistance provided under this

paragraph, the President may not waive any provision

of Federal law requiring the purchase of flood insurance

as a condition of the receipt of Federal disaster assistance.

‘‘(4) PERMANENT HOUSING CONSTRUCTION.—The President

may provide financial assistance or direct assistance to individuals or households to construct permanent housing in insular

areas outside the continental United States and in other remote

locations in cases in which—

‘‘(A) no alternative housing resources are available;

and

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1569

‘‘(B) the types of temporary housing assistance

described in paragraph (1) are unavailable, infeasible, or

not cost-effective.

‘‘(d) TERMS AND CONDITIONS RELATING TO HOUSING ASSISTANCE.—

‘‘(1) SITES.—

‘‘(A) IN GENERAL.—Any readily fabricated dwelling provided under this section shall, whenever practicable, be

located on a site that—

‘‘(i) is complete with utilities; and

‘‘(ii) is provided by the State or local government,

by the owner of the site, or by the occupant who

was displaced by the major disaster.

‘‘(B) SITES PROVIDED BY THE PRESIDENT.—A readily

fabricated dwelling may be located on a site provided by

the President if the President determines that such a site

would be more economical or accessible.

‘‘(2) DISPOSAL OF UNITS.—

‘‘(A) SALE TO OCCUPANTS.—

‘‘(i) IN GENERAL.—Notwithstanding any other

provision of law, a temporary housing unit purchased

under this section by the President for the purpose

of housing disaster victims may be sold directly to

the individual or household who is occupying the unit

if the individual or household lacks permanent housing.

‘‘(ii) SALE PRICE.—A sale of a temporary housing

unit under clause (i) shall be at a price that is fair

and equitable.

‘‘(iii) DEPOSIT OF PROCEEDS.—Notwithstanding any

other provision of law, the proceeds of a sale under

clause (i) shall be deposited in the appropriate Disaster

Relief Fund account.

‘‘(iv) HAZARD AND FLOOD INSURANCE.—A sale of

a temporary housing unit under clause (i) shall be

made on the condition that the individual or household

purchasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit.

‘‘(v) USE OF GSA SERVICES.—The President may

use the services of the General Services Administration

to accomplish a sale under clause (i).

‘‘(B) OTHER METHODS OF DISPOSAL.—If not disposed

of under subparagraph (A), a temporary housing unit purchased under this section by the President for the purpose

of housing disaster victims—

‘‘(i) may be sold to any person; or

‘‘(ii) may be sold, transferred, donated, or otherwise

made available directly to a State or other governmental entity or to a voluntary organization for the

sole purpose of providing temporary housing to disaster

victims in major disasters and emergencies if, as a

condition of the sale, transfer, or donation, the State,

other governmental agency, or voluntary organization

agrees—

‘‘(I) to comply with the nondiscrimination

provisions of section 308; and

‘‘(II) to obtain and maintain hazard and flood

insurance on the housing unit.

114 STAT. 1570 PUBLIC LAW 106–390—OCT. 30, 2000

‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.— ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EXPENSES.—The President, in consultation with the Governor of a State, may provide

financial assistance under this section to an individual or household in the State who is adversely affected by a major disaster

to meet disaster-related medical, dental, and funeral expenses.

‘‘(2) PERSONAL PROPERTY, TRANSPORTATION, AND OTHER

EXPENSES.—The President, in consultation with the Governor

of a State, may provide financial assistance under this section

to an individual or household described in paragraph (1) to

address personal property, transportation, and other necessary

expenses or serious needs resulting from the major disaster.

‘‘(f ) STATE ROLE.—

‘‘(1) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—

‘‘(A) GRANT TO STATE.—Subject to subsection (g), a

Governor may request a grant from the President to provide

financial assistance to individuals and households in the

State under subsection (e).

‘‘(B) ADMINISTRATIVE COSTS.—A State that receives a

grant under subparagraph (A) may expend not more than

5 percent of the amount of the grant for the administrative

costs of providing financial assistance to individuals and

households in the State under subsection (e).

‘‘(2) ACCESS TO RECORDS.—In providing assistance to

individuals and households under this section, the President

shall provide for the substantial and ongoing involvement of

the States in which the individuals and households are located,

including by providing to the States access to the electronic

records of individuals and households receiving assistance

under this section in order for the States to make available

any additional State and local assistance to the individuals

and households.

‘‘(g) COST SHARING.—

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

(2), the Federal share of the costs eligible to be paid using

assistance provided under this section shall be 100 percent.

‘‘(2) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—

In the case of financial assistance provided under subsection

(e)—

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

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

made available by the State.

‘‘(h) MAXIMUM AMOUNT OF ASSISTANCE.—

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

financial assistance greater than $25,000 under this section

with respect to a single major disaster.

‘‘(2) ADJUSTMENT OF LIMIT.—The limit established under

paragraph (1) shall be adjusted annually to reflect changes

in the Consumer Price Index for All Urban Consumers published by the Department of Labor.

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

rules and regulations to carry out this section, including criteria,

standards, and procedures for determining eligibility for assistance.’’.

(b) CONFORMING AMENDMENT.—Section 502(a)(6) of the Robert

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

5192(a)(6)) is amended by striking ‘‘temporary housing’’.

President.

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1571

(c) ELIMINATION OF INDIVIDUAL AND FAMILY GRANT PROGRAMS.—Section 411 of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5178) is repealed.

(d) EFFECTIVE DATE.—The amendments made by this section

take effect 18 months after the date of the enactment of this

Act.

SEC. 207. COMMUNITY DISASTER LOANS.

Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) is amended—

(1) by striking ‘‘(a) The President’’ and inserting the following:

‘‘(a) IN GENERAL.—The President’’;

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

‘‘(b) AMOUNT.—The amount’’;

(3) by striking ‘‘Repayment’’ and inserting the following:

‘‘(c) REPAYMENT.—

‘‘(1) CANCELLATION.—Repayment’’;

(4) by striking ‘‘(b) Any loans’’ and inserting the following:

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

(5) in subsection (b) (as designated by paragraph (2))—

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

(B) by inserting before the period at the end the following: ‘‘, and shall not exceed $5,000,000’’; and

(6) in subsection (c) (as designated by paragraph (3)), by

adding at the end the following:

‘‘(2) CONDITION ON CONTINUING ELIGIBILITY.—A local

government shall not be eligible for further assistance under

this section during any period in which the local government

is in arrears with respect to a required repayment of a loan

under this section.’’.

SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DISASTERS INITIATIVE.

Not later than 3 years after the date of the enactment of

this Act, the President shall submit to Congress a report describing

the results of the State Management of Small Disasters Initiative,

including—

(1) identification of any administrative or financial benefits

of the initiative; and

(2) recommendations concerning the conditions, if any,

under which States should be allowed the option to administer

parts of the assistance program under section 406 of the Robert

T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5172).

SEC. 209. STUDY REGARDING COST REDUCTION.

Not later than 3 years after the date of the enactment of

this Act, the Director of the Congressional Budget Office shall

complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment

of this Act.

Deadline.

42 USC 5121

note.

Deadline.

42 USC 5121

note.

42 USC 5174

note.

114 STAT. 1572 PUBLIC LAW 106–390—OCT. 30, 2000

TITLE III—MISCELLANEOUS

SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

The first section of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5121 note) is amended to

read as follows:

‘‘SECTION 1. SHORT TITLE.

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

Relief and Emergency Assistance Act’.’’.

SEC. 302. DEFINITIONS.

Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended—

(1) in each of paragraphs (3) and (4), by striking ‘‘the

Northern’’ and all that follows through ‘‘Pacific Islands’’ and

inserting ‘‘and the Commonwealth of the Northern Mariana

Islands’’;

(2) by striking paragraph (6) and inserting the following:

‘‘(6) LOCAL GOVERNMENT.—The term ‘local government’

means—

‘‘(A) a county, municipality, city, town, township, local

public authority, school district, special district, intrastate

district, council of governments (regardless of whether the

council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government;

‘‘(B) an Indian tribe or authorized tribal organization,

or Alaska Native village or organization; and

‘‘(C) a rural community, unincorporated town or village,

or other public entity, for which an application for assistance is made by a State or political subdivision of a State.’’;

and

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

‘‘utility,’’.

SEC. 303. FIRE MANAGEMENT ASSISTANCE.

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

Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended

to read as follows:

‘‘SEC. 420. FIRE MANAGEMENT ASSISTANCE.

‘‘(a) IN GENERAL.—The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any

State or local government for the mitigation, management, and

control of any fire on public or private forest land or grassland

that threatens such destruction as would constitute a major disaster.

‘‘(b) COORDINATION WITH STATE AND TRIBAL DEPARTMENTS OF

FORESTRY.—In providing assistance under this section, the President shall coordinate with State and tribal departments of forestry.

‘‘(c) ESSENTIAL ASSISTANCE.—In providing assistance under this

section, the President may use the authority provided under section

403.

President.

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1573

‘‘(d) RULES AND REGULATIONS.—The President shall prescribe

such rules and regulations as are necessary to carry out this section.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

takes effect 1 year after the date of the enactment of this Act.

SEC. 304. DISASTER GRANT CLOSEOUT PROCEDURES.

Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5101 et seq.) is amended by adding

at the end the following:

‘‘SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

‘‘(a) STATUTE OF LIMITATIONS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

no administrative action to recover any payment made to a

State or local government for disaster or emergency assistance

under this Act shall be initiated in any forum after the date

that is 3 years after the date of transmission of the final

expenditure report for the disaster or emergency.

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

(1) shall apply unless there is evidence of civil or criminal

fraud.

‘‘(b) REBUTTAL OF PRESUMPTION OF RECORD MAINTENANCE.— ‘‘(1) IN GENERAL.—In any dispute arising under this section

after the date that is 3 years after the date of transmission

of the final expenditure report for the disaster or emergency,

there shall be a presumption that accounting records were

maintained that adequately identify the source and application

of funds provided for financially assisted activities.

‘‘(2) AFFIRMATIVE EVIDENCE.—The presumption described

in paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph.

‘‘(3) INABILITY TO PRODUCE DOCUMENTATION.—The inability

of the Federal, State, or local government to produce source

documentation supporting expenditure reports later than 3

years after the date of transmission of the final expenditure

report shall not constitute evidence to rebut the presumption

described in paragraph (1).

‘‘(4) RIGHT OF ACCESS.—The period during which the Federal, State, or local government has the right to access source

documentation shall not be limited to the required 3-year retention period referred to in paragraph (3), but shall last as long

as the records are maintained.

‘‘(c) BINDING NATURE OF GRANT REQUIREMENTS.—A State or

local government shall not be liable for reimbursement or any

other penalty for any payment made under this Act if—

‘‘(1) the payment was authorized by an approved agreement

specifying the costs;

‘‘(2) the costs were reasonable; and

‘‘(3) the purpose of the grant was accomplished.’’.

SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL

AND STATE EMPLOYEES.

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

and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended by

striking paragraph (7) and inserting the following:

‘‘(7) ‘public safety officer’ means—

42 USC 5205.

42 USC 5187

note.

President.

114 STAT. 1574 PUBLIC LAW 106–390—OCT. 30, 2000

‘‘(A) an individual serving a public agency in an official

capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a member of a rescue

squad or ambulance crew;

‘‘(B) an employee of the Federal Emergency Management Agency who is performing official duties of the Agency

in an area, if those official duties—

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

that has been, or is later, declared to exist with respect

to the area under the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5121 et seq.);

and

‘‘(ii) are determined by the Director of the Federal

Emergency Management Agency to be hazardous

duties; or

‘‘(C) an employee of a State, local, or tribal emergency

management or civil defense agency who is performing

official duties in cooperation with the Federal Emergency

Management Agency in an area, if those official duties—

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

that has been, or is later, declared to exist with respect

to the area under the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5121 et seq.);

and

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

to be hazardous duties.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

applies only to employees described in subparagraphs (B) and (C)

of section 1204(7) of the Omnibus Crime Control and Safe Streets

Act of 1968 (as amended by subsection (a)) who are injured or

who die in the line of duty on or after the date of the enactment

of this Act.

SEC. 306. BUY AMERICAN.

(a) COMPLIANCE WITH BUY AMERICAN ACT.—No funds authorized to be appropriated under this Act or any amendment made

by this Act may be expended by an entity unless the entity, in

expending the funds, complies with the Buy American Act (41

U.S.C. 10a et seq.).

(b) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE

OF ‘‘MADE IN AMERICA’’ LABELS.—

(1) IN GENERAL.—If the Director of the Federal Emergency

Management Agency determines that a person has been convicted of intentionally affixing a label bearing a ‘‘Made in

America’’ inscription to any product sold in or shipped to the

United States that is not made in America, the Director shall

determine, not later than 90 days after determining that the

person has been so convicted, whether the person should be

debarred from contracting under the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(2) DEFINITION OF DEBAR.—In this subsection, the term

‘‘debar’’ has the meaning given the term in section 2393(c)

of title 10, United States Code.

SEC. 307. TREATMENT OF CERTAIN REAL PROPERTY.

(a) IN GENERAL.—Notwithstanding the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster

Deadline.

42 USC 5206.

42 USC 3796b

note.

PUBLIC LAW 106–390—OCT. 30, 2000 114 STAT. 1575

Protection Act of 1973 (42 U.S.C. 4002 et seq.), or any other provision of law, or any flood risk zone identified, delineated, or established under any such law (by flood insurance rate map or otherwise), the real property described in subsection (b) shall not be

considered to be, or to have been, located in any area having

special flood hazards (including any floodway or floodplain).

(b) REAL PROPERTY.—The real property described in this subsection is all land and improvements on the land located in the

Maple Terrace Subdivisions in the City of Sycamore, DeKalb

County, Illinois, including—

(1) Maple Terrace Phase I;

(2) Maple Terrace Phase II;

(3) Maple Terrace Phase III Unit 1;

(4) Maple Terrace Phase III Unit 2;

(5) Maple Terrace Phase III Unit 3;

(6) Maple Terrace Phase IV Unit 1;

(7) Maple Terrace Phase IV Unit 2; and

(8) Maple Terrace Phase IV Unit 3.

(c) REVISION OF FLOOD INSURANCE RATE LOT MAPS.—As soon

as practicable after the date of the enactment of this Act, the

Director of the Federal Emergency Management Agency shall revise

the appropriate flood insurance rate lot maps of the agency to

reflect the treatment under subsection (a) of the real property

described in subsection (b).

SEC. 308. STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY

MANAGEMENT.

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

‘‘Indian tribe’’ has the meaning given the term in section 4 of

the Indian Self-Determination and Education Assistance Act (25

U.S.C. 450b).

(b) STUDY.—

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

Management Agency shall conduct a study of participation

by Indian tribes in emergency management.

(2) REQUIRED ELEMENTS.—The study shall—

(A) survey participation by Indian tribes in training,

predisaster and postdisaster mitigation, disaster preparedness, and disaster recovery programs at the Federal and

State levels; and

(B) review and assess the capacity of Indian tribes

to participate in cost-shared emergency management programs and to participate in the management of the programs.

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

shall consult with Indian tribes.

(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Director shall submit a report on the study

under subsection (b) to—

(1) the Committee on Environment and Public Works of

the Senate;

(2) the Committee on Transportation and Infrastructure

of the House of Representatives;

(3) the Committee on Appropriations of the Senate; and

Deadline.

42 USC 5121

note.

114 STAT. 1576 PUBLIC LAW 106–390—OCT. 30, 2000

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

HOUSE REPORTS: No. 106–40 (Comm. on Transportation and Infrastructure).

SENATE REPORTS: No. 106–295 accompanying S. 1691 (Comm. on Environment

and Public Works).

CONGRESSIONAL RECORD:

Vol. 145 (1999): Mar. 4, considered and passed House.

Vol. 146 (2000): July 19, considered and passed Senate, amended.

Oct. 3, House concurred in Senate amendment with an

amendment.

Oct. 5, Senate concurred in House amendment with an

amendment.

Oct. 10, House concurred in Senate amendment.

Æ

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

Approved October 30, 2000.