Disaster Mitigation Act of 2000
PL 106-390 (H.R.707), enacted 10/30/2000

114 STAT. 1552 
PUBLIC LAW 106-390—OCT. 30, 2000 
Public Law 106-390 
106th Congress 
An Act 
Oct. 30, 2000 
To amend the Robert T. StafTord Disaster Relief and Emergency Assistance Act 
[H R 707] 
*° 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 
Disaster 
the United States of America in Congress assembled, 
Mitigation Act of 
gg^^^Qj^ j SHORT TITLE; TABLE OF CONTENTS. 
42 use 5121 
(a) SHORT TITLE.—^This Act may be cited as the "Disaster 
note. 
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 pubUc and private struc-
tures. 
TITLE II—STREAMLINING AND COST REDUCTION 
Sec. 201. Technical amendments. 
Sec. 202. Management costs. 
Sec. 203. PubUc 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 
42 u s e 5133 
SEC.lOl. 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 HAZA^ 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 President, 
section, the term 'small impoverished community' means a commu- 42 USC 5133. 
nity of 3,000 or fewer individuals that is economically disadvan-
taged, 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 estab-
lish a program to provide technical and financial assistance to 
States and local governments to assist in the implementation of 
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 hfe, and damage and destruc-
tion 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) I N 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 recommenda-
tions 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 Presi-
dent 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 govern-
ments recommended by the Grovemors under this sub-
section. 
"(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 jus-
tify 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 pro-
vided 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 pro-
posals approved by the President under this section; and 
"(B) may be used— 
"(i) to support effective public-private natural dis-
aster 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 commu-
nity. 
"(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 th§in 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 govern-
ment to reduce damages from future natural disasters; 
"(3) the degree of commitment by the State or local govern-
ment 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 assist-
ance 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 mitiga-
tion plan luider section 322, the extent to which the activities 
identified under paragraph (6) are consistent with the mitiga-
tion plan; 
"(8) the opportunity to fund activities that maximize net 
benefits to society; 
"(9) the extent to which assistance will fiind 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 interest-
bearing 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 pro-
ceeds 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, President, 
local governments, and appropriate Federal agencies, the Presi-
dent shall develop multihazard advisory maps for areas, in 
not fewer than five States, that are subject to commonly recur-
ring 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 sub-
section (e); and 
"(iii) other public uses. 
"(1) REPORT ON FEDERAL AND STATE ADMINISTRATION.—^Not Deadline, 
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 pro-
gram 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. £04. INTERAGENCY TASK FORCE. 
42 USC 5134. 
"(a) IN GENERAL.—^The President shall establish a Federal 
interagency task force for the purpose of coordinating the 
implementation of predisaster hazard mitigation programs adminis-
tered by the Federal Government. 
114 STAT. 1558 
PUBLIC LAW 106-390—OCT. 30, 2000 
"(b) CHAIRPERSON.—^The Director of the Federal Emergency 
Management Agency shall serve as the chairperson of the task 
force. 
"(c) MEMBERSHIP.—^The membership of the task force shall 
include representatives of— 
"(1) relevant Federal agencies; 
"(2) State and local government organizations (including 
Indian tribes); and 
"(3) the American Red Cross.". 
SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC 
AND PRIVATE STRUCTURES. 
(a) IN GENERAL.—Title III of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is 
amended by adding at the end the following: 
42 use 5165. 
"SEC. 322. MITIGATION PLANNING. 
"(a) REQUIREMENT OF MITIGATION PLAN.^AS a condition of 
receipt of an increased Federal share for hazard mitigation meas-
ures 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 miti-
gation 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 mitiga-
tion 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 avail-
able to the government as of a date determined by the govern-
ment. 
"(e) INCREASED FEDERAL SHARE FOR HAZARD MITIGATION MEAS-
URES.— 
"(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 per-
cent, with respect to the major disaster, the maximum percent-
age specified in the last sentence of section 404(a). 
President. 
"(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 eligi-
bility criteria; and 
"(D) a process by which an assessment of the effective-
ness of a mitigation action may be carried out after the 
mitigation action is complete. 
"SEC. 323. MINIMUM STANDARDS FOR PUBUC AND PRIVATE STRUC- 42 USC 5165a. 
TURES. 
"(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 stand-
ards; and 
"(2) the President may require safe land use and construc-
tion 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 President, 
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 ReHef 
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 Emer-
gency Assistance Act (42 U.S.C. 5154) is amended in subsections 
(a)(1), (b), and (c) by striking "section 803 of the Pubhc Works 
and Economic Development Act of 1965" each place it appears 
114 STAT. 1560 
PUBLIC LAW 106-390—OCT. 30, 2000 
Regulations. 
Deadline. 
42 use 5165b 
note. 
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: 
42 use 5165b. 
"SEC. 324. MANAGEMENT COSTS. 
"(a) DEFINITION OF MANAGEMENT COST.—In this section, the 
term 'management cost' includes any indirect cost, any administra-
tive 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.—Notwith-
standing 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 Presi-
dent establishes the management cost rates under section 324 
of the Robert T. Stafford Disaster Relief and Emergency Assist-
ance 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 CONSITLTATION REQUIRE-
MENTS. 
Title III of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5141 et seq.) (as amended by 
section 202(a)) is amended by adding at the end the following: 
42 use 5165c. 
"SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIRE-
MENTS. 
"(a) PUBLIC NOTICE AND COMMENT CONCERNING NEW OR MODI-
FIED POLICIES.— 
President. 
"(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 Manage-
ment 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 sub-
section confers a legal right of action on any party. 
"(c) PUBLIC ACCESS.—^The President shall promote public access President. 
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 Emer-
gency 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 para-
graph (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 activi-
ties. 
"(3) APPROVAL.—^The President shall approve an application President, 
submitted under paragraph (1) that meets the criteria estab-
lished under paragraph (2). 
"(4) WITHDRAWAL OF APPROVAL.—If, after approving an 
application of a State submitted under paragraph (1), the Presi-
dent 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 with-
draw the approval. 
"(5) AUDITS.—^The President shall provide for periodic President, 
audits of the hazard mitigation grant programs administered 
by States under this subsection.". 
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 Dis-
aster 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 associ-
ated expenses incurred by the person. 
"(2) ASSOCIATED EXPENSES.—For the purposes of this sec-
tion, associated expenses shall include— 
"(A) the costs of mobilizing and emplo3n[ng 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 contribu-
tions to a private nonprofit facility under paragraph (IXB) 
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 sec-
tion 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 Administra-
tion determines the facility is eligible. 
"(B) DEFINITION OF CRITICAL SERVICES.—In this para-
graph, 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 con-
tribution 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 Infrastruc-
ture 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 ReUef 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 para-
graph (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 President, 
promulgate regulations to reduce the Federal share of assist- Regiilations. 
ance 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 fol-
lowing 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 appro-
priate 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 fol-
lowing: 
"(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 govern-
ment 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— 
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 spe-
cial 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) F O R 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 con-
tribution 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, recon-
structing, 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 regu-
latory floodway (as defined in section 59.1 of title 44, 
Code of Federal Regulations (or a successor regula-
tion)); 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 fol-
lowing: 
"(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 dis-
aster; 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 PERCENT-
AGE 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 percent-
age established under paragraph (3) of the cost esti-
mated under paragraph (1), the State or local govern-
ment 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 rec-
ommendations concerning— 
"(i) procedures for estimating the cost of repairing, 
restoring, reconstructing, or replacing a facility con-
sistent with industry practices; and 
"(ii) the ceiling and floor percentages referred to 
in paragraph (2). 
President. 
"(C) REGULATIONS.—^Taking into account the rec-
ommendations 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 B
Y 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 subpara-
graph (C), 3 years after that date, and at the end of 
each 2-year period thereafter, the expert panel shall submit 
to Confess a report on th4 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 responsi-
bility.". 
42 use 5172 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
^°^- 
(1) takes effect on the date of the enactment of this Act and 
applies to funds appropriated after the date of the enactment 
of this Act, except that paragraph (1) of section 406(e) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (as amended by paragraph (1)) takes effect on the date 
on which the cost estimation procedures established under para-
graph (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 house-
holds are unable to meet such expenses or needs through other 
means. 
"(2) RELATIONSHIP TO OTHER ASSISTANCE.—Under para-
graph (1), an individual or household shall not be denied assist-
ance 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 house-
holds 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 ASSIST-
ANCE.— 
"(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 effective-
ness, convenience to the individuals and households, and 
such other factors as the President may consider appro-
priate. 
"(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 accommodatioi^s, 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 tem-
porary housing units, acquired by purchase or lease, 
directly to individuals or households who, because of 
a lack of available housing resources, would be unable 
79-194 O-00-30:QL3Part2 
114 STAT. 1568 
PUBLIC LAW 106-390—OCT. 30, 2000 
to make use of the assistance provided under subpara-
graph (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 CHAROES.^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 pri-
vate access route) damaged by a major disaster to 
a safe and sanitary living or functioning condition; 
£ind 
"(ii) eligible hazard mitigation measures 
that 
reduce the likelihood of future damage to such resi-
dences, 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 Con-
sumers 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 Con-
sumers published by the Department of Labor. 
"(C) APPLICABILITY OF FLOOD INSURANCE 
REQUIRE-
MENT.—^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 individ-
uals 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 ASSIST-
ANCE.— 
"(1) SITES.— 
"(A) IN GENERAL.—Any readily fabricated dwelling pro-
vided 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 main-
tain 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 pur-
chased 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 govern-
mental entity or to a voluntary organization for the 
sole purpose of providing temporary housing to disaster 
victims in major disasters and emergencies if, as a 
condition of the sale, transfer, or donation, the State, 
other governmental agency, or voluntary organization 
agrees— 
"(I) to comply with the nondiscrimination 
provisions of section 308; and 
"(II) to obtain and maintain hazard and flood 
insurance on the housing unit. 
114 STAT. 1570 
PUBLIC LAW 106-390—OCT. 30, 2000 
"(e) FINANCIAL ASSISTANCE To ADDRESS OTHER NEEDS.— 
"(1) MEDICAL, DENTAL, AND FUNERAL EXPENSES.—The Presi-
dent, in consultation with the Governor of a State, may provide 
financial assistance under this section to an individual or house-
hold 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 Consum.er Price Index for All Urban Consumers pub-
lished by the Department of Labor. 
President. 
"(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 assist-
ance.". 
(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 
PRO-
GRAMS.—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 42USC5174 
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 Emer-
gency Assistance Act (42 U.S.C. 5184) is amended— 
(1) by striking "(a) The President" and inserting the fol-
lowing: 
"(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 fol-
lowing: ", 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 repajnnent 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 Deadline, 
this Act, the Director of the Congressional Budget Office shall 
complete a study estimating the reduction in Federal disaster assist-
ance 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 Emer-
gency 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 cor-
poration under State law), regional or interstate govern-
ment entity, or agency or instrumentality of a local govern-
ment; 
"(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 assist-
ance 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 assist-
ance, 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 dis-
aster. 
President. 
"(b) COORDINATION WiTH STATE AND TRIBAL DEPARTMENTS OF 
FORESTRY.—In providing assistance under this section, the Presi-
dent 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 President, 
such rules and regulations as are necessary to carry out this sec-
tion.". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 42 use 5187 
takes effect 1 year after the date of the enactment of this Act. note. 
SEC. 304. DISASTER GRANT CLOSEOUT PROCEDURES. 
42 USC 5205. 
Title VII of the Robert T. Stafford Disaster Relief and Emer-
gency 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 pa3nnent 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 ^ter 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 affirma-
tive evidence that the State or local government did not main-
tain 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 Fed-
eral, State, or local government has the right to access source 
documentation shall not be limited to the required 3-year reten-
tion 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 pajonent 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— 
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 enforce-
ment officer, as a firefighter, or as a member of a rescue 
squad or ambulance crew; 
"(B) an employee of the Federal Emergency Manage-
ment 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 use 3796b 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
iiote. 
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 use 5206. 
SEC. 306. BUY AMERICAN, 
(a) COMPLIANCE WITH BUY AMERICAN ACT.—NO funds author-
ized 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 con-
victed 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 Insur-
ance 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 provi-
sion of law, or any flood risk zone identified, delineated, or estab-
lished under any such law (by flood insurance rate map or other-
wise), 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 sub-
section 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. 
°ote. 
(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 prepared-
ness, 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 pro-
grams and to participate in the management of the pro-
grams. 
(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 Rep-
resentatives. 
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.