PUBLIC LAW 106–390—OCT. 30, 2000 

DISASTER MITIGATION ACT OF 2000 

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

Oct. 30, 2000 

[H.R. 707] 

Disaster 

Mitigation Act of 

2000. 

42 USC 5121 

note. 

42 USC 5133 

note. 

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— 

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.— 

President. ‘‘(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 

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 President. 

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. 

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. 

President. 

Deadline. 

42 USC 5134. 

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

42 USC 5165. 

President. 

‘‘(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— 

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 

42 USC 5165a. 

President. 

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

42 USC 5165b. 

Regulations. 

Deadline. 

42 USC 5165b 

note. 

42 USC 5165c. 

President. 

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. 

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). 

President. ‘‘(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). 

Deadline. ‘‘(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. 

Deadline. ‘‘(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.’’. 

42 USC 5172 (2) EFFECTIVE DATE.—The amendment made by paragraph 

note. (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: 

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 President. 

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 

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 

President. 

‘‘(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’’. 

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 42 USC 5174 

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

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 INI- 42 USC 5121 

TIATIVE. note. 

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

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. 42 USC 5121 

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

Deadline. 

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. 

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. 

President. ‘‘(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. 

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— 

President. 

42 USC 5187 

note. 

42 USC 5205. 

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.’’. 

42 USC 3796b (b) EFFECTIVE DATE.—The amendment made by subsection (a) 

note. 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. 

42 USC 5206. 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.— 

Deadline. (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 

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 42 USC 5121 

MANAGEMENT. note. 

(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 enact- Deadline. 

ment 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 

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

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

Approved October 30, 2000. 

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

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

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

and Public Works). 

CONGRESSIONAL RECORD: 

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

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

Oct. 3, House concurred in Senate amendment with an 

amendment. 

Oct. 5, Senate concurred in House amendment with an 

amendment. 

Oct. 10, House concurred in Senate amendment. 

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