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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:
‘‘SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND
HOUSEHOLDS.
‘‘(a) IN GENERAL.—
‘‘(1) PROVISION
OF
ASSISTANCE.—In accord-
ance with this section, the President, in consultation
with the Governor of a State, may provide financial
assistance, and, if necessary, direct services, to indi-
viduals 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 re-
ceived any loan or other financial assistance from
the Small Business Administration or any other
Federal agency.
‘‘(b) HOUSING ASSISTANCE.—
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‘‘(1) ELIGIBILITY.—The President may provide
financial or other assistance under this section to in-
dividuals 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 assist-
ance to be provided under this section to indi-
viduals and households described in subsection
(a)(1) based on considerations of cost effective-
ness, convenience to the individuals and house-
holds, 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 assist-
ance, to meet the needs of individuals and
households in the particular disaster situation.
‘‘(c) TYPES OF HOUSING ASSISTANCE.—
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‘‘(1) TEMPORARY HOUSING.—
‘‘(A) FINANCIAL ASSISTANCE.—
‘‘(i) IN
GENERAL.—The President
may provide financial assistance to individ-
uals or households to rent alternate hous-
ing accommodations, existing rental units,
manufactured housing, recreational vehi-
cles, or other readily fabricated dwellings.
‘‘(ii) AMOUNT.—The amount of as-
sistance under clause (i) shall be based on
the fair market rent for the accommoda-
tion provided plus the cost of any transpor-
tation, utility hookups, or unit installation
not provided directly by the President.
‘‘(B) DIRECT ASSISTANCE.—
‘‘(i) IN
GENERAL.—The President
may provide temporary housing units, ac-
quired by purchase or lease, directly to in-
dividuals or households who, because of a
lack of available housing resources, would
be unable to make use of the assistance
provided under subparagraph (A).
‘‘(ii) PERIOD
OF
ASSISTANCE.—The
President may not provide direct assist-
ance under clause (i) with respect to a
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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 deter-
mines that due to extraordinary cir-
cumstances 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 Presi-
dent 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 pri-
vate residences, utilities, and residential in-
frastructure (such as a private access
route) damaged by a major disaster to a
safe and sanitary living or functioning con-
dition; and
‘‘(ii) eligible hazard mitigation meas-
ures that reduce the likelihood of future
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damage to such residences, utilities, or in-
frastructure.
‘‘(B) RELATIONSHIP
TO
OTHER
ASSIST-
ANCE.—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
ASSIST-
ANCE.—The amount of assistance provided to a
household under this paragraph shall not ex-
ceed $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
ASSIST-
ANCE.—The amount of assistance provided to a
household under this paragraph shall not ex-
ceed $10,000, as adjusted annually to reflect
changes in the Consumer Price Index for All
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Urban Consumers published by the Department
of Labor.
‘‘(C) APPLICABILITY
OF
FLOOD
INSUR-
ANCE REQUIREMENT.—With respect to assist-
ance provided under this paragraph, the Presi-
dent may not waive any provision of Federal
law requiring the purchase of flood insurance as
a condition of the receipt of Federal disaster as-
sistance.
‘‘(4) PERMANENT HOUSING CONSTRUCTION.—
The President may provide financial assistance or
direct assistance to individuals or households to con-
struct 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
‘‘(B) the types of temporary housing as-
sistance described in paragraph (1) are unavail-
able, infeasible, or not cost-effective.
‘‘(d) TERMS AND CONDITIONS RELATING TO HOUS-
ING ASSISTANCE.—
‘‘(1) SITES.—
‘‘(A) IN GENERAL.—Any readily fabricated
dwelling provided under this section shall,
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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
PRESI-
DENT.—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 hous-
ing disaster victims may be sold directly to
the individual or household who is occu-
pying the unit if the individual or house-
hold lacks permanent housing.
‘‘(ii) SALE PRICE.—A sale of a tem-
porary housing unit under clause (i) shall
be at a price that is fair and equitable.
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‘‘(iii) DEPOSIT OF PROCEEDS.—Not-
withstanding 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
INSUR-
ANCE.—A sale of a temporary housing unit
under clause (i) shall be made on the con-
dition that the individual or household pur-
chasing 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 Gen-
eral Services Administration to accomplish
a sale under clause (i).
‘‘(B) OTHER METHODS OF DISPOSAL.—If
not disposed of under subparagraph (A), a tem-
porary housing unit purchased under this sec-
tion by the President for the purpose of housing
disaster victims—
‘‘(i) may be sold to any person; or
‘‘(ii) may be sold, transferred, do-
nated, or otherwise made available directly
to a State or other governmental entity or
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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 gov-
ernmental agency, or voluntary organiza-
tion agrees—
‘‘(I) to comply with the non-
discrimination provisions of section
308; and
‘‘(II) to obtain and maintain haz-
ard and flood insurance on the hous-
ing unit.
‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS OTHER
NEEDS.—
‘‘(1) MEDICAL, DENTAL, AND
FUNERAL
EX-
PENSES.—The President, in consultation with the
Governor of a State, may provide financial assist-
ance 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 con-
sultation with the Governor of a State, may provide
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financial assistance under this section to an indi-
vidual 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 sub-
section (g), a Governor may request a grant
from the President to provide financial assist-
ance 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 indi-
viduals and households in the State under sub-
section (e).
‘‘(2) ACCESS TO RECORDS.—In providing as-
sistance to individuals and households under this
section, the President shall provide for the substan-
tial and ongoing involvement of the States in which
the individuals and households are located, including
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by providing to the States access to the electronic
records of individuals and households receiving as-
sistance under this section in order for the States to
make available any additional State and local assist-
ance 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 sec-
tion 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 estab-
lished under paragraph (1) shall be adjusted annu-
ally to reflect changes in the Consumer Price Index
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for All Urban Consumers published by the Depart-
ment of Labor.
‘‘(i) RULES AND REGULATIONS.—The President shall
prescribe rules and regulations to carry out this section,
including criteria, standards, and procedures for deter-
mining 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’’.
(c) ELIMINATION
OF
INDIVIDUAL
AND
FAMILY
GRANT PROGRAMS.—Section 411 of the Robert T. Staf-
ford 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 enact-
ment 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 insert-
ing the following:
‘‘(a) IN GENERAL.—The President’’;
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(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 para-
graph (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 para-
graph (3)), by adding at the end the following:
‘‘(2) 
CONDITION
ON
CONTINUING
ELIGI-
BILITY.—A local government shall not be eligible for
further assistance under this section during any pe-
riod in which the local government is in arrears with
respect to a required repayment of a loan under this
section.’’.
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SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DIS-
ASTERS INITIATIVE.
Not later than 3 years after the date of enactment
of this Act, the President shall submit to Congress a re-
port describing the results of the State Management of
Small Disasters Initiative, including—
(1) identification of any administrative or finan-
cial benefits of the initiative; and
(2) recommendations concerning the conditions,
if any, under which States should be allowed the op-
tion 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 enactment
of this Act, the Director of the Congressional Budget Of-
fice 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.
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:
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‘‘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 strik-
ing ‘‘the Northern’’ and all that follows through
‘‘Pacific Islands’’ and inserting ‘‘and the Common-
wealth 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 inter-
state government entity, or agency or instru-
mentality of a local government;
‘‘(B) an Indian tribe or authorized tribal
organization, or Alaska Native village or organi-
zation; and
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‘‘(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 de-
struction as would constitute a major disaster.
‘‘(b) COORDINATION WITH STATE AND TRIBAL DE-
PARTMENTS
OF
FORESTRY.—In providing assistance
under this section, the President shall coordinate with
State and tribal departments of forestry.
‘‘(c) ESSENTIAL ASSISTANCE.—In providing assist-
ance under this section, the President may use the author-
ity provided under section 403.
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‘‘(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 enact-
ment of this Act.
SEC. 304. PRESIDENT’S COUNCIL ON DOMESTIC TER-
RORISM PREPAREDNESS.
Title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195 et seq.) is
amended by adding at the end the following:
‘‘Subtitle C—President’s Council on
Domestic Terrorism Preparedness
‘‘SEC. 651. ESTABLISHMENT OF COUNCIL.
‘‘(a) IN GENERAL.—There is established a council to
be known as the President’s Council on Domestic Ter-
rorism Preparedness (in this subtitle referred to as the
‘Council’).
‘‘(b) MEMBERSHIP.—The Council shall be composed
of the following members:
‘‘(1) The President.
‘‘(2) The Director of the Federal Emergency
Management Agency.
‘‘(3) The Attorney General.
‘‘(4) The Secretary of Defense.
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‘‘(5) The Director of the Office of Management
and Budget.
‘‘(6) The Assistant to the President for Na-
tional Security Affairs.
‘‘(7) Any additional members appointed by the
President.
‘‘(c) CHAIRMAN.—
‘‘(1) IN GENERAL.—The President shall serve
as the chairman of the Council.
‘‘(2) EXECUTIVE
CHAIRMAN.—The President
may appoint an Executive Chairman of the Council
(in this subtitle referred to as the ‘Executive Chair-
man’). The Executive Chairman shall represent the
President as chairman of the Council, including in
communications with Congress and State Governors.
‘‘(3) SENATE
CONFIRMATION.—An individual
selected to be the Executive Chairman under para-
graph (2) shall be appointed by and with the advice
and consent of the Senate, except that Senate con-
firmation shall not be required if, on the date of ap-
pointment, the individual holds a position for which
Senate confirmation was required.
‘‘(d) FIRST MEETING.—The first meeting of the
Council shall be held not later than 90 days after the date
of the enactment of this Act.
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‘‘SEC. 652. DUTIES OF COUNCIL.
‘‘The Council shall carry out the following duties:
‘‘(1) Establish the policies, objectives, and pri-
orities of the Federal Government for enhancing the
capabilities of State and local emergency prepared-
ness and response personnel in early detection and
warning of and response to all domestic terrorist at-
tacks, including attacks involving weapons of mass
destruction.
‘‘(2) Publish a Domestic Terrorism Prepared-
ness Plan and an annual strategy for carrying out
the plan in accordance with section 653, including
the end state of preparedness for emergency re-
sponders established under section 653(b)(1)(D).
‘‘(3) To the extent practicable, rely on existing
resources (including planning documents, equipment
lists, and program inventories) in the execution of
its duties.
‘‘(4) Consult with and utilize existing inter-
agency boards and committees, existing govern-
mental entities, and non-governmental organizations
in the execution of its duties.
‘‘(5) Ensure that a biennial review of the ter-
rorist attack preparedness programs of State and
local governmental entities is conducted and provide
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‘‘(A) changes in the organization, manage-
ment, and resource allocations of the depart-
ments and agencies; and
‘‘(B) the allocation of personnel to and
within the departments and agencies,
to implement the Domestic Terrorism Preparedness
Plan.
‘‘(11) Assess all Federal terrorism preparedness
programs and ensure that each program complies
with the Domestic Terrorism Preparedness Plan.
‘‘(12) Identify duplication, fragmentation, and
overlap within Federal terrorism preparedness pro-
grams and eliminate such duplication, fragmentation
and overlap.
‘‘(13) Evaluate Federal emergency response as-
sets and make recommendations regarding the orga-
nization, need, and geographic location of such as-
sets.
‘‘(14) Establish general policies regarding fi-
nancial assistance to States based on potential risk
and threat, response capabilities, and ability to
achieve the end state of preparedness for emergency
responders established under section 653(b)(1)(D).
‘‘(15) Notify a Federal department or agency in
writing if the Council finds that its policies are not
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in compliance with its responsibilities under the Do-
mestic Terrorism Preparedness Plan.
‘‘SEC. 653. DOMESTIC TERRORISM PREPAREDNESS PLAN
AND ANNUAL STRATEGY.
‘‘(a) DEVELOPMENT OF PLAN.—Not later than 180
days after the date of the first meeting of the Council,
the Council shall develop a Domestic Terrorism Prepared-
ness Plan and transmit a copy of the plan to Congress.
‘‘(b) CONTENTS.—
‘‘(1) IN
GENERAL.—The Domestic Terrorism
Preparedness Plan shall include the following:
‘‘(A) A statement of the policies, objec-
tives, and priorities established by the Council
under section 652(1).
‘‘(B) A plan for implementing such poli-
cies, objectives, and priorities that is based on
a threat, risk, and capability assessment and in-
cludes measurable objectives to be achieved in
each of the following 5 years for enhancing do-
mestic preparedness against a terrorist attack.
‘‘(C) A description of the specific role of
each Federal department and agency, and the
roles of State and local governmental entities,
under the plan developed under subparagraph
(B).
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‘‘(D) A definition of an end state of pre-
paredness for emergency responders that sets
forth measurable, minimum standards of ac-
ceptability for preparedness.
‘‘(2) EVALUATION
OF
FEDERAL
RESPONSE
TEAMS.—In preparing the description under para-
graph (1)(C), the Council shall evaluate each Fed-
eral response team and the assistance that the team
offers to State and local emergency personnel when
responding to a terrorist attack. The evaluation shall
include an assessment of how the Federal response
team will assist State and local emergency personnel
after the personnel has achieved the end state of
preparedness for emergency responders established
under paragraph (1)(D).
‘‘(c) ANNUAL STRATEGY.—
‘‘(1) IN GENERAL.—The Council shall develop
and transmit to Congress, on the date of transmittal
of the Domestic Terrorism Preparedness Plan and,
in each of the succeeding 4 fiscal years, on the date
that the President submits an annual budget to Con-
gress in accordance with section 1105(a) of title 31,
United States Code, an annual strategy for carrying
out the Domestic Terrorism Preparedness Plan in
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the fiscal year following the fiscal year in which the
strategy is submitted.
‘‘(2) CONTENTS.—The annual strategy for a
fiscal year shall include the following:
‘‘(A) An inventory of Federal training and
exercise programs, response teams, grant pro-
grams, and other programs and activities re-
lated to domestic preparedness against a ter-
rorist attack conducted in the preceding fiscal
year and a determination as to whether any of
such programs or activities may be duplicative.
The inventory shall consist of a complete de-
scription of each such program and activity, in-
cluding the funding level and purpose of and
goal to be achieved by the program or activity.
‘‘(B) If the Council determines under sub-
paragraph (A) that certain programs and activi-
ties are duplicative, a detailed plan for consoli-
dating, eliminating, or modifying the programs
and activities.
‘‘(C) An inventory of Federal training and
exercise programs, grant programs, response
teams, and other programs and activities to be
conducted in such fiscal year under the Domes-
tic Terrorism Preparedness Plan and measur-
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able objectives to be achieved in such fiscal year
for enhancing domestic preparedness against a
terrorist attack. The inventory shall provide for
implementation of any plan developed under
subparagraph (B), relating to duplicative pro-
grams and activities.
‘‘(D) A complete assessment of how re-
source allocation recommendations developed
under section 654(a) are intended to implement
the annual strategy.
‘‘(d) CONSULTATION.—
‘‘(1) IN GENERAL.—In developing the Domestic
Terrorism Preparedness Plan and each annual strat-
egy for carrying out the plan, the Council shall con-
sult with—
‘‘(A) the head of each Federal department
and agency that will have responsibilities under
the Domestic Terrorism Preparedness Plan or
annual strategy;
‘‘(B) Congress;
‘‘(C) State and local officials;
‘‘(D) congressionally authorized panels;
and
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‘‘(E) emergency preparedness organiza-
tions with memberships that include State and
local emergency responders.
‘‘(2) REPORTS.—As part of the Domestic Ter-
rorism Preparedness Plan and each annual strategy
for carrying out the plan, the Council shall include
a written statement indicating the persons consulted
under this subsection and the recommendations
made by such persons.
‘‘(e) TRANSMISSION
OF
CLASSIFIED
INFORMA-
TION.—Any part of the Domestic Terrorism Preparedness
Plan or an annual strategy for carrying out the plan that
involves information properly classified under criteria es-
tablished by an Executive order shall be presented to Con-
gress separately.
‘‘(f) RISK OF TERRORIST ATTACKS AGAINST TRANS-
PORTATION FACILITIES.—
‘‘(1) IN GENERAL.—In developing the plan and
risk assessment under subsection (b), the Council
shall designate an entity to assess the risk of ter-
rorist attacks against transportation facilities, per-
sonnel, and passengers.
‘‘(2) CONTENTS.—In developing the plan and
risk assessment under subsection (b), the Council
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shall ensure that the following three tasks are ac-
complished:
‘‘(A) An examination of the extent to
which transportation facilities, personnel, and
passengers have been the target of terrorist at-
tacks and the extent to which such facilities,
personnel, and passengers are vulnerable to
such attacks.
‘‘(B) An evaluation of Federal laws that
can be used to combat terrorist attacks against
transportation facilities, personnel, and pas-
sengers, and the extent to which such laws are
enforced. The evaluation may also include a re-
view of applicable State laws.
‘‘(C) An evaluation of available tech-
nologies and practices to determine the best
means of protecting transportation facilities,
personnel, and passengers against terrorist at-
tacks.
‘‘(3) CONSULTATION.—In developing the plan
and risk assessment under subsection (b), the Coun-
cil shall consult with the Secretary of Transpor-
tation, representatives of persons providing transpor-
tation, and representatives of employees of such per-
sons.
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‘‘(g) MONITORING.—The Council, with the assistance
of the Inspector General of the relevant Federal depart-
ment or agency as needed, shall monitor the implementa-
tion of the Domestic Terrorism Preparedness Plan, includ-
ing conducting program and performance audits and eval-
uations.
‘‘SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.
‘‘(a) RECOMMENDATIONS
REGARDING
RESOURCE
ALLOCATIONS.—
‘‘(1) TRANSMITTAL TO COUNCIL.—Each Fed-
eral Government program manager, agency head,
and department head with responsibilities under the
Domestic Terrorism Preparedness Plan shall trans-
mit to the Council for each fiscal year recommended
resource allocations for programs and activities re-
lating to such responsibilities on or before the earlier
of—
‘‘(A) the 45th day before the date of the
budget submission of the department or agency
to the Director of the Office of Management
and Budget for the fiscal year; or
‘‘(B) August 15 of the fiscal year pre-
ceding the fiscal year for which the rec-
ommendations are being made.
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‘‘(2) TRANSMITTAL TO THE OFFICE OF MAN-
AGEMENT AND BUDGET.—The Council shall develop
for each fiscal year recommendations regarding re-
source allocations for each program and activity
identified in the annual strategy completed under
section 653 for the fiscal year. Such recommenda-
tions shall be submitted to the relevant departments
and agencies and to the Director of the Office of
Management and Budget. The Director of the Office
of Management and Budget shall consider such rec-
ommendations in formulating the annual budget of
the President submitted to Congress under section
1105(a) of title 31, United States Code, and shall
provide to the Council a written explanation in any
case in which the Director does not accept such a
recommendation.
‘‘(3) RECORDS.—The Council shall maintain
records regarding recommendations made and writ-
ten explanations received under paragraph (2) and
shall provide such records to Congress upon request.
The Council may not fulfill such a request before the
date of submission of the relevant annual budget of
the President to Congress under section 1105(a) of
title 31, United States Code.
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‘‘(4) NEW
PROGRAMS
OR
REALLOCATION
OF
RESOURCES.—The head of a Federal department or
agency shall consult with the Council before acting
to enhance the capabilities of State and local emer-
gency preparedness and response personnel with re-
spect to terrorist attacks by—
‘‘(A) establishing a new program or office;
or
‘‘(B) reallocating resources, including Fed-
eral response teams.
‘‘SEC. 655. VOLUNTARY GUIDELINES FOR STATE AND
LOCAL PROGRAMS.
‘‘The Council shall provide for the establishment of
voluntary guidelines for the terrorist attack preparedness
programs of State and local governmental entities for the
purpose of providing guidance in the development and im-
plementation of such programs. The guidelines shall ad-
dress equipment, exercises, and training and shall estab-
lish a desired threshold level of preparedness for State and
local emergency responders.
‘‘SEC. 656. POWERS OF COUNCIL.
‘‘In carrying out this subtitle, the Council may—
‘‘(1) direct, with the concurrence of the Sec-
retary of a department or head of an agency, the
temporary reassignment within the Federal Govern-
•HRES 607 ATH
ment of personnel employed by such department or
agency;
‘‘(2) use for administrative purposes, on a reim-
bursable basis, the available services, equipment,
personnel, and facilities of Federal, State, and local
agencies;
‘‘(3) procure the services of experts and con-
sultants in accordance with section 3109 of title 5,
United States Code, relating to appointments in the
Federal Service, at rates of compensation for indi-
viduals not to exceed the daily equivalent of the rate
of pay payable for GS–18 of the General Schedule
under section 5332 of title 5, United States Code;
‘‘(4) accept and use donations of property from
Federal, State, and local government agencies;
‘‘(5) use the mails in the same manner as any
other department or agency of the executive branch;
and
‘‘(6) request the assistance of the Inspector
General of a Federal department or agency in con-
ducting audits and evaluations under section 653(g).
‘‘SEC. 657. ROLE OF COUNCIL IN NATIONAL SECURITY
COUNCIL EFFORTS.
‘‘The Council may, in the Council’s role as principal
adviser to the National Security Council on Federal efforts
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to assist State and local governmental entities in domestic
terrorist attack preparedness matters, and subject to the
direction of the President, attend and participate in meet-
ings of the National Security Council. The Council may,
subject to the direction of the President, participate in the
National Security Council’s working group structure.
‘‘SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF COUNCIL.
‘‘(a) EXECUTIVE DIRECTOR.—The Council shall have
an Executive Director who shall be appointed by the Presi-
dent.
‘‘(b) STAFF.—The Executive Director may appoint
such personnel as the Executive Director considers appro-
priate. Such personnel shall be assigned to the Council on
a full-time basis and shall report to the Executive Direc-
tor.
‘‘(c) ADMINISTRATIVE
SUPPORT
SERVICES.—The
Executive Office of the President shall provide to the
Council, on a reimbursable basis, such administrative sup-
port services, including office space, as the Council may
request.
‘‘SEC. 659. COORDINATION WITH EXECUTIVE BRANCH DE-
PARTMENTS AND AGENCIES.
‘‘(a) REQUESTS FOR ASSISTANCE.—The head of each
Federal department and agency with responsibilities under
the Domestic Terrorism Preparedness Plan shall cooper-
•HRES 607 ATH
ate with the Council and, subject to laws governing disclo-
sure of information, provide such assistance, information,
and advice as the Council may request.
‘‘(b) CERTIFICATION OF POLICY CHANGES BY COUN-
CIL.—
‘‘(1) IN GENERAL.—The head of each Federal
department and agency with responsibilities under
the Domestic Terrorism Preparedness Plan shall,
unless exigent circumstances require otherwise, no-
tify the Council in writing regarding any proposed
change in policies relating to the activities of such
department or agency under the Domestic Terrorism
Preparedness Plan prior to implementation of such
change. The Council shall promptly review such pro-
posed change and certify to the department or agen-
cy head in writing whether such change is consistent
with the Domestic Terrorism Preparedness Plan.
‘‘(2) NOTICE IN EXIGENT CIRCUMSTANCES.—If
prior notice of a proposed change under paragraph
(1) is not possible, the department or agency head
shall notify the Council as soon as practicable. The
Council shall review such change and certify to the
department or agency head in writing whether such
change is consistent with the Domestic Terrorism
Preparedness Plan.
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‘‘SEC. 660. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out
this subtitle $9,000,000 for fiscal year 2001 and such
sums as may be necessary for each of fiscal years 2002
through 2005. Such sums shall remain available until ex-
pended.’’.
SEC. 305. 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 para-
graph (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 ex-
penditure 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
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the date of transmission of the final expenditure re-
port for the disaster or emergency, there shall be a
presumption that accounting records were main-
tained that adequately identify the source and appli-
cation of funds provided for financially assisted ac-
tivities.
‘‘(2) AFFIRMATIVE EVIDENCE.—The presump-
tion described in paragraph (1) may be rebutted
only on production of affirmative evidence that the
State or local government did not maintain docu-
mentation described in that paragraph.
‘‘(3) INABILITY
TO
PRODUCE
DOCUMENTA-
TION.—The inability of the Federal, State, or local
government to produce source documentation sup-
porting expenditure reports later than 3 years after
the date of transmission of the final expenditure re-
port shall not constitute evidence to rebut the pre-
sumption 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 re-
ferred to in paragraph (3), but shall last as long as
the records are maintained.
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‘‘(c) BINDING
NATURE
OF
GRANT
REQUIRE-
MENTS.—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 ap-
proved agreement specifying the costs;
‘‘(2) the costs were reasonable; and
‘‘(3) the purpose of the grant was accom-
plished.’’.
SEC. 306. PUBLIC SAFETY OFFICER BENEFITS FOR CER-
TAIN 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 insert-
ing the following:
‘‘(7) ‘public safety officer’ means—
‘‘(A) an individual serving a public agency
in an official capacity, with or without com-
pensation, 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 Emer-
gency Management Agency who is performing
official duties of the Agency in an area, if those
official duties—
•HRES 607 ATH
‘‘(i) are related to a major disaster or
emergency that has been, or is later, de-
clared to exist with respect to the area
under the Robert T. Stafford Disaster Re-
lief 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 trib-
al emergency management or civil defense agen-
cy who is performing official duties in coopera-
tion 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, de-
clared to exist with respect to the area
under the Robert T. Stafford Disaster Re-
lief 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 sub-
paragraphs (B) and (C) of section 1204(7) of the Omni-
•HRES 607 ATH
bus 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 enactment of
this Act.
SEC. 307. 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 enti-
ty 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 Fed-
eral Emergency Management Agency determines
that a person has been convicted of intentionally
affixing a label bearing a ‘‘Made in America’’ in-
scription to any product sold in or shipped to the
United States that is not made in America, the Di-
rector shall determine, not later than 90 days after
determining that the person has been so convicted,
whether the person should be debarred from con-
tracting under the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).
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(2) DEFINITION
OF
DEBAR.—In this sub-
section, the term ‘‘debar’’ has the meaning given the
term in section 2393(c) of title 10, United States
Code.
SEC. 308. 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 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 con-
sidered to be, or to have been, located in any area having
special flood hazards (including any floodway or flood-
plain).
(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;
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(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 enact-
ment of this Act, the Director of the Federal Emergency
Management Agency shall revise the appropriate flood in-
surance rate lot maps of the agency to reflect the treat-
ment under subsection (a) of the real property described
in subsection (b).
SEC. 309. 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 Edu-
cation 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 mitiga-
tion, disaster preparedness, and disaster recov-
•HRES 607 ATH
ery programs at the Federal and State levels;
and
(B) review and assess the capacity of In-
dian tribes to participate in cost-shared emer-
gency 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 enactment of this Act, the Director shall submit a re-
port on the study under subsection (b) to—
(1) the Committee on Environment and Public
Works of the Senate;
(2) the Committee on Transportation and In-
frastructure of the House of Representatives;
(3) the Committee on Appropriations of the
Senate; and
(4) the Committee on Appropriations of the
House of Representatives.
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