The Disaster Mitigation Act of 2000

G:\COMP\106\DISASTER MITIGATION ACT OF 2000.XML

Disaster Mitigation Act of 2000
[Public Law 106–390]
[As Amended Through P.L. 115–254, Enacted October 05, 2018]
øCurrency: This publication is a compilation of the text of Public Law 106–390. It
was last amended by the public law listed in the As Amended Through note above
and below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
AN ACT To amend the Robert T. Stafford Disaster Relief and Emergency Assistance
Act to authorize a program for predisaster mitigation, to streamline the administration of disaster relief, to control the Federal costs of disaster assistance, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) ø42 U.S.C. 5121 note¿ SHORT TITLE.—This

Act may be cited
as the ‘‘Disaster Mitigation Act of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is
as follows:

Sec. 1. Short title; table of contents.
TITLE I—PREDISASTER HAZARD MITIGATION
Findings and purpose.
Predisaster hazard mitigation.
Interagency task force.
Mitigation planning; minimum standards for public and private structures.

Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.
207.
208.
209.

TITLE II—STREAMLINING AND COST REDUCTION
Technical amendments.
Management costs.
Public notice, comment, and consultation requirements.
State administration of hazard mitigation grant program.
Assistance to repair, restore, reconstruct, or replace damaged facilities.
Federal assistance to individuals and households.
Community disaster loans.
Report on State management of small disasters initiative.
Study regarding cost reduction.

Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.

TITLE III—MISCELLANEOUS
Technical correction of short title.
Definitions.
Fire management assistance.
Disaster grant closeout procedures.

1
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Sec. 101
Sec.
Sec.
Sec.
Sec.

305.
306.
307.
308.

Disaster Mitigation Act of 2000

2

Public safety officer benefits for certain Federal and State employees.
Buy American.
Treatment of certain real property.
Study of participation by Indian tribes in emergency management.

TITLE I—PREDISASTER HAZARD
MITIGATION
SEC. 101. ø42 U.S.C. 5133 note¿ FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—

(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.
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Disaster Mitigation Act of 2000

Sec. 102

SEC. 102. PREDISASTER HAZARD MITIGATION.
(a) IN GENERAL.—Title II of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is
amended by adding at the end the following:
‘‘SEC. 203. PREDISASTER HAZARD MITIGATION
‘‘(a) ø42 U.S.C. 5133¿ DEFINITION OF
COMMUNITY. In this section, the term ‘small

SMALL IMPOVERISHED
impoverished community’ means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the
community is located and based on criteria established by the
President.
‘‘(b) ESTABLISHMENT OF PROGRAM. The President may establish
a program to provide technical and financial assistance to States
and local governments to assist in the implementation of
predisaster hazard mitigation measures that are cost-effective and
are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the jurisdiction of the States or local governments.
‘‘(c) APPROVAL BY PRESIDENT. If the President determines that
a State or local government has identified natural disaster hazards
in areas under its jurisdiction and has demonstrated the ability to
form effective public-private natural disaster hazard mitigation
partnerships, the President, using amounts in the National
Predisaster Mitigation Fund established under subsection (i) (referred to in this section as the ‘Fund’), may provide technical and
financial assistance to the State or local government to be used in
accordance with subsection (e).
‘‘(d) STATE RECOMMENDATIONS.
‘‘(1) IN GENERAL.
‘‘(A) RECOMMENDATIONS. The Governor of each State
may recommend to the President not fewer than five local
governments to receive assistance under this section.
‘‘(B) DEADLINE FOR SUBMISSION. The recommendations
under subparagraph (A) shall be submitted to the President not later than October 1, 2001, and each October 1st
thereafter or such later date in the year as the President
may establish.
‘‘(C) CRITERIA. In making recommendations under subparagraph (A), a Governor shall consider the criteria specified in subsection (g).
‘‘(2) USE.
‘‘(A) IN GENERAL. Except as provided in subparagraph
(B), in providing assistance to local governments under
this section, the President shall select from local governments recommended by the Governors under this subsection.
‘‘(B) EXTRAORDINARY CIRCUMSTANCES. In providing assistance to local governments under this section, the President may select a local government that has not been recommended by a Governor under this subsection if the
President determines that extraordinary circumstances
justify the selection and that making the selection will further the purpose of this section.
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‘‘(3) EFFECT OF FAILURE TO NOMINATE. If a Governor of a
State fails to submit recommendations under this subsection in
a timely manner, the President may select, subject to the criteria specified in subsection (g), any local governments of the
State to receive assistance under this section.
‘‘(e) USES OF TECHNICAL AND FINANCIAL ASSISTANCE.
‘‘(1) IN GENERAL. Technical and financial assistance provided under this section—
‘‘(A) shall be used by States and local governments
principally to implement predisaster hazard mitigation
measures that are cost-effective and are described in proposals approved by the President under this section; and
‘‘(B) may be used—
‘‘(i) to support effective public-private natural disaster hazard mitigation partnerships;
‘‘(ii) to improve the assessment of a community’s
vulnerability to natural hazards; or
‘‘(iii) to establish hazard mitigation priorities, and
an appropriate hazard mitigation plan, for a community.
‘‘(2) DISSEMINATION. A State or local government may use
not more than 10 percent of the financial assistance received
by the State or local government under this section for a fiscal
year to fund activities to disseminate information regarding
cost-effective mitigation technologies.
‘‘(f)) Allocation of Funds.—The amount of financial assistance
made available to a State (including amounts made available to
local governments of the State) under this section for a fiscal
year—
‘‘(1) shall be not less than the lesser of—
‘‘(A) $500,000; or
‘‘(B) the amount that is equal to 1.0 percent of the
total funds appropriated to carry out this section for the
fiscal year;
‘‘(2) shall not exceed 15 percent of the total funds described
in paragraph (1)(B); and
‘‘(3) shall be subject to the criteria specified in subsection
(g).
‘‘(g) CRITERIA FOR ASSISTANCE AWARDS. In determining whether to provide technical and financial assistance to a State or local
government under this section, the President shall take into account—
‘‘(1) the extent and nature of the hazards to be mitigated;
‘‘(2) the degree of commitment of the State or local government to reduce damages from future natural disasters;
‘‘(3) the degree of commitment by the State or local government to support ongoing non-Federal support for the hazard
mitigation measures to be carried out using the technical and
financial assistance;
‘‘(4) the extent to which the hazard mitigation measures to
be carried out using the technical and financial assistance contribute to the mitigation goals and priorities established by the
State;
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‘‘(5) the extent to which the technical and financial assistance is consistent with other assistance provided under this
Act;
‘‘(6) the extent to which prioritized, cost-effective mitigation activities that produce meaningful and definable outcomes
are clearly identified;
‘‘(7) if the State or local government has submitted a mitigation plan under section 322, the extent to which the activities identified under paragraph (6) are consistent with the
mitigation plan;
‘‘(8) the opportunity to fund activities that maximize net
benefits to society;
‘‘(9) the extent to which assistance will fund mitigation activities in small impoverished communities; and
‘‘(10) such other criteria as the President establishes in
consultation with State and local governments.
‘‘(h) FEDERAL SHARE.
‘‘(1) IN GENERAL. Financial assistance provided under this
section may contribute up to 75 percent of the total cost of
mitigation activities approved by the President.
‘‘(2) SMALL IMPOVERISHED COMMUNITIES. Notwithstanding
paragraph (1), the President may contribute up to 90 percent
of the total cost of a mitigation activity carried out in a small
impoverished community.
‘‘(i) NATIONAL PREDISASTER MITIGATION FUND.
‘‘(1) ESTABLISHMENT. The President may establish in the
Treasury of the United States a fund to be known as the ‘National Predisaster Mitigation Fund’, to be used in carrying out
this section.
‘‘(2) TRANSFERS TO FUND. There shall be deposited in the
Fund—
‘‘(A) amounts appropriated to carry out this section,
which shall remain available until expended; and
‘‘(B) sums available from gifts, bequests, or donations
of services or property received by the President for the
purpose of predisaster hazard mitigation.
‘‘(3) EXPENDITURES FROM FUND. Upon request by the President, the Secretary of the Treasury shall transfer from the
Fund to the President such amounts as the President determines are necessary to provide technical and financial assistance under this section.
‘‘(4) INVESTMENT OF AMOUNTS.
‘‘(A) IN GENERAL. The Secretary of the Treasury shall
invest such portion of the Fund as is not, in the judgment
of the Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interestbearing obligations of the United States.
‘‘(B) ACQUISITION OF OBLIGATIONS. For the purpose of
investments under subparagraph (A), obligations may be
acquired—
‘‘(i) on original issue at the issue price; or
‘‘(ii) by purchase of outstanding obligations at the
market price.
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‘‘(C) SALE OF OBLIGATIONS. Any obligation acquired by
the Fund may be sold by the Secretary of the Treasury at
the market price.
‘‘(D) CREDITS TO FUND. The interest on, and the proceeds from the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the
Fund.
‘‘(E) TRANSFERS OF AMOUNTS.
‘‘(i) IN GENERAL. The amounts required to be
transferred to the Fund under this subsection shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates
made by the Secretary of the Treasury.
‘‘(ii) ADJUSTMENTS. Proper adjustment shall be
made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the
amounts required to be transferred.
‘‘(j)) Limitation on Total Amount of Financial Assistance.—The
President shall not provide financial assistance under this section
in an amount greater than the amount available in the Fund.
‘‘(k) MULTIHAZARD ADVISORY MAPS.
‘‘(1) DEFINITION OF MULTIHAZARD ADVISORY MAP. In this
subsection, the term ‘multihazard advisory map’ means a map
on which hazard data concerning each type of natural disaster
is identified simultaneously for the purpose of showing areas
of hazard overlap.
‘‘(2) DEVELOPMENT OF MAPS. In consultation with States,
local governments, and appropriate Federal agencies, the
President shall develop multihazard advisory maps for areas,
in not fewer than five States, that are subject to commonly recurring natural hazards (including flooding, hurricanes and severe winds, and seismic events).
‘‘(3) USE OF TECHNOLOGY. In developing multihazard advisory maps under this subsection, the President shall use, to
the maximum extent practicable, the most cost-effective and efficient technology available.
‘‘(4) USE OF MAPS.
‘‘(A) ADVISORY NATURE. The multihazard advisory
maps shall be considered to be advisory and shall not require the development of any new policy by, or impose any
new policy on, any government or private entity.
‘‘(B) AVAILABILITY OF MAPS. The multihazard advisory
maps shall be made available to the appropriate State and
local governments for the purposes of—
‘‘(i) informing the general public about the risks of
natural hazards in the areas described in paragraph
(2);
‘‘(ii) supporting the activities described in subsection (e); and
‘‘(iii) other public uses.
‘‘(l) REPORT ON FEDERAL AND STATE ADMINISTRATION. Not later
than 18 months after the date of the enactment of this section, the
President, in consultation with State and local governments, shall
submit to Congress a report evaluating efforts to implement this
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section and recommending a process for transferring greater authority and responsibility for administering the assistance program
established under this section to capable States.
‘‘(m) TERMINATION OF AUTHORITY. The authority provided by
this section terminates December 31, 2003.’’.
(b) CONFORMING AMENDMENT.—Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131
et seq.) is amended by striking the title heading and inserting the
following:
‘‘TITLE II—DISASTER PREPAREDNESS AND MITIGATION
ASSISTANCE’’.
SEC. 103. INTERAGENCY TASK FORCE.

Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) (as amended by section 102(a)) is amended by adding at the end the following:
‘‘SEC. 204. ø42 U.S.C. 5134¿ INTERAGENCY TASK FORCE
‘‘(a) IN GENERAL. The President shall establish

a Federal interagency task force for the purpose of coordinating the implementation of predisaster hazard mitigation programs administered by the
Federal Government.
‘‘(b) CHAIRPERSON. The Director of the Federal Emergency
Management Agency shall serve as the chairperson of the task
force.
‘‘(c) MEMBERSHIP. The membership of the task force shall include representatives of—
‘‘(1) relevant Federal agencies;
‘‘(2) State and local government organizations (including
Indian tribes); and
‘‘(3) the American Red Cross.’’.
SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC
AND PRIVATE STRUCTURES.
(a) IN GENERAL.—Title III of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is
amended by adding at the end the following:
‘‘SEC. 322. ø42 U.S.C. 5165¿ MITIGATION PLANNING
‘‘(a) REQUIREMENT OF MITIGATION PLAN. As

a condition of receipt of an increased Federal share for hazard mitigation measures
under subsection (e), a State, local, or tribal government shall develop and submit for approval to the President a mitigation plan
that outlines processes for identifying the natural hazards, risks,
and vulnerabilities of the area under the jurisdiction of the government.
‘‘(b) LOCAL AND TRIBAL PLANS. Each mitigation plan developed
by a local or tribal government shall—
‘‘(1) describe actions to mitigate hazards, risks, and
vulnerabilities identified under the plan; and
‘‘(2) establish a strategy to implement those actions.
‘‘(c) STATE PLANS. The State process of development of a mitigation plan under this section shall—
‘‘(1) identify the natural hazards, risks, and vulnerabilities
of areas in the State;
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‘‘(2) support development of local mitigation plans;
‘‘(3) provide for technical assistance to local and tribal governments for mitigation planning; and
‘‘(4) identify and prioritize mitigation actions that the
State will support, as resources become available.
‘‘(d) FUNDING.
‘‘(1) IN GENERAL. Federal contributions under section 404
may be used to fund the development and updating of mitigation plans under this section.
‘‘(2) MAXIMUM FEDERAL CONTRIBUTION. With respect to any
mitigation plan, a State, local, or tribal government may use
an amount of Federal contributions under section 404 not to
exceed 7 percent of the amount of such contributions available
to the government as of a date determined by the government.
‘‘(e) INCREASED FEDERAL SHARE FOR HAZARD MITIGATION
MEASURES.
‘‘(1) IN GENERAL. If, at the time of the declaration of a
major disaster, a State has in effect an approved mitigation
plan under this section, the President may increase to 20 percent, with respect to the major disaster, the maximum percentage specified in the last sentence of section 404(a).
‘‘(2) FACTORS FOR CONSIDERATION. In determining whether
to increase the maximum percentage under paragraph (1), the
President shall consider whether the State has established—
‘‘(A) eligibility criteria for property acquisition and
other types of mitigation measures;
‘‘(B) requirements for cost effectiveness that are related to the eligibility criteria;
‘‘(C) a system of priorities that is related to the eligibility criteria; and
‘‘(D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the
mitigation action is complete.
‘‘SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES
‘‘(a) ø42 U.S.C. 5165a¿ IN GENERAL. As a condition of receipt

of a disaster loan or grant under this Act—
‘‘(1) the recipient shall carry out any repair or construction
to be financed with the loan or grant in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications, and standards;
and
‘‘(2) the President may require safe land use and construction practices, after adequate consultation with appropriate
State and local government officials.
‘‘(b) EVIDENCE OF COMPLIANCE. A recipient of a disaster loan
or grant under this Act shall provide such evidence of compliance
with this section as the President may require by regulation.’’.
(b) LOSSES FROM STRAIGHT LINE WINDS.—The President shall
increase the maximum percentage specified in the last sentence of
section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) from 15 percent to 20
percent with respect to any major disaster that is in the State of
Minnesota and for which assistance is being provided as of the date
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of the enactment of this Act, except that additional assistance provided under this subsection shall not exceed $6,000,000. The mitigation measures assisted under this subsection shall be related to
losses in the State of Minnesota from straight line winds.
(c) CONFORMING AMENDMENTS.—
(1) Section 404(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended—
(A) in the second sentence, by striking ‘‘section 409’’
and inserting ‘‘section 322’’; and
(B) in the third sentence, by striking ‘‘The total’’ and
inserting ‘‘Subject to section 322, the total’’.
(2) Section 409 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5176) is repealed.

TITLE II—STREAMLINING AND COST
REDUCTION
SEC. 201. TECHNICAL AMENDMENTS.

Section 311 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5154) is amended in subsections
(a)(1), (b), and (c) by striking ‘‘section 803 of the Public Works and
Economic Development Act of 1965’’ each place it appears and inserting ‘‘section 209(c)(2) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(c)(2))’’.
SEC. 202. MANAGEMENT COSTS.
(a) IN GENERAL.—Title III

of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as
amended by section 104(a)) is amended by adding at the end the
following:
‘‘SEC. 324. ø42 U.S.C. 5165b¿ MANAGEMENT COSTS
‘‘(a) DEFINITION OF MANAGEMENT COST.

In this section, the
term ‘management cost’ includes any indirect cost, any administrative expense, and any other expense not directly chargeable to a
specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure.
‘‘(b) ESTABLISHMENT OF MANAGEMENT COST RATES. Notwithstanding any other provision of law (including any administrative
rule or guidance), the President shall by regulation establish management cost rates, for grantees and subgrantees, that shall be
used to determine contributions under this Act for management
costs.
‘‘(c) REVIEW. The President shall review the management cost
rates established under subsection (b) not later than 3 years after
the date of establishment of the rates and periodically thereafter.’’.
(b) ø42 U.S.C. 5165b note¿ 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.
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(2) INTERIM AUTHORITY.—Until the date on which the
President establishes the management cost rates under section
324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (as added by subsection (a)), section 406(f) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(f)) (as in effect on the day before the
date of the enactment of this Act) shall be used to establish
management cost rates.
SEC. 203. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS.

Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended by section 202(a)) is amended by adding at the end the following:
‘‘SEC. 325. ø42 U.S.C. 5165c¿ PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS
‘‘(a) PUBLIC NOTICE AND COMMENT CONCERNING NEW OR MODIFIED POLICIES.
‘‘(1) IN GENERAL. The President shall provide for public no-

tice and opportunity for comment before adopting any new or
modified policy that—
‘‘(A) governs implementation of the public assistance
program administered by the Federal Emergency Management Agency under this Act; and
‘‘(B) could result in a significant reduction of assistance under the program.
‘‘(2) APPLICATION. Any policy adopted under paragraph (1)
shall apply only to a major disaster or emergency declared on
or after the date on which the policy is adopted.
‘‘(b) CONSULTATION CONCERNING INTERIM POLICIES.
‘‘(1) IN GENERAL. Before adopting any interim policy under
the public assistance program to address specific conditions
that relate to a major disaster or emergency that has been declared under this Act, the President, to the maximum extent
practicable, shall solicit the views and recommendations of
grantees and subgrantees with respect to the major disaster or
emergency concerning the potential interim policy, if the interim policy is likely—
‘‘(A) to result in a significant reduction of assistance to
applicants for the assistance with respect to the major disaster or emergency; or
‘‘(B) to change the terms of a written agreement to
which the Federal Government is a party concerning the
declaration of the major disaster or emergency.
‘‘(2) NO LEGAL RIGHT OF ACTION. Nothing in this subsection
confers a legal right of action on any party.
‘‘(c) PUBLIC ACCESS. The President shall promote public access
to policies governing the implementation of the public assistance
program.’’.
SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT
PROGRAM.

Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at
the end the following:
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Sec. 205

‘‘(c) PROGRAM ADMINISTRATION BY STATES.
‘‘(1) IN GENERAL. A State desiring to administer the hazard
mitigation grant program established by this section with respect to hazard mitigation assistance in the State may submit
to the President an application for the delegation of the authority to administer the program.
‘‘(2) CRITERIA. The President, in consultation and coordination with States and local governments, shall establish criteria
for the approval of applications submitted under paragraph (1).
The criteria shall include, at a minimum—
‘‘(A) the demonstrated ability of the State to manage
the grant program under this section;
‘‘(B) there being in effect an approved mitigation plan
under section 322; and
‘‘(C) a demonstrated commitment to mitigation activities.
‘‘(3) APPROVAL. The President shall approve an application
submitted under paragraph (1) that meets the criteria established under paragraph (2).
‘‘(4) WITHDRAWAL OF APPROVAL. If, after approving an application of a State submitted under paragraph (1), the President determines that the State is not administering the hazard
mitigation grant program established by this section in a manner satisfactory to the President, the President shall withdraw
the approval.
‘‘(5) AUDITS. The President shall provide for periodic audits
of the hazard mitigation grant programs administered by
States under this subsection.’’.
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 associated expenses incurred by the person.
‘‘(2) ASSOCIATED EXPENSES. For the purposes of this section, associated expenses shall include—
‘‘(A) the costs of mobilizing and employing the National Guard for performance of eligible work;
‘‘(B) the costs of using prison labor to perform eligible
work, including wages actually paid, transportation to a
worksite, and extraordinary costs of guards, food, and lodging; and
‘‘(C) base and overtime wages for the employees and
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scribed in paragraph (1) that perform eligible work, plus
fringe benefits on such wages to the extent that such benefits were being paid before the major disaster.
‘‘(3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT
FACILITIES.
‘‘(A) IN GENERAL. The President may make contributions to a private nonprofit facility under paragraph (1)(B)
only if—
‘‘(i) the facility provides critical services (as defined by the President) in the event of a major disaster; or
‘‘(ii) the owner or operator of the facility—
‘‘(I) has applied for a disaster loan under section 7(b) of the Small Business Act (15 U.S.C.
636(b)); and
‘‘(II)(aa) has been determined to be ineligible
for such a loan; or
‘‘(bb) has obtained such a loan in the maximum amount for which the Small Business Administration determines the facility is eligible.
‘‘(B) DEFINITION OF CRITICAL SERVICES. In this paragraph, the term ‘critical services’ includes power, water
(including water provided by an irrigation organization or
facility), sewer, wastewater treatment, communications,
and emergency medical care.
‘‘(4) NOTIFICATION TO CONGRESS. Before making any contribution under this section in an amount greater than
$20,000,000, the President shall notify—
‘‘(A) the Committee on Environment and Public Works
of the Senate;
‘‘(B) the Committee on Transportation and Infrastructure of the House of Representatives;
‘‘(C) the Committee on Appropriations of the Senate;
and
‘‘(D) the Committee on Appropriations of the House of
Representatives.’’.
(b) FEDERAL SHARE.—Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is
amended by striking subsection (b) and inserting the following:
‘‘(b) FEDERAL SHARE.
‘‘(1) MINIMUM FEDERAL SHARE. Except as provided in paragraph (2), the Federal share of assistance under this section
shall be not less than 75 percent of the eligible cost of repair,
restoration, reconstruction, or replacement carried out under
this section.
‘‘(2) REDUCED FEDERAL SHARE. The President shall promulgate regulations to reduce the Federal share of assistance
under this section to not less than 25 percent in the case of the
repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an
event associated with a major disaster—
‘‘(A) that has been damaged, on more than one occasion within the preceding 10-year period, by the same type
of event; and
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‘‘(B) the owner of which has failed to implement appropriate mitigation measures to address the hazard that
caused the damage to the facility.’’.
(c) LARGE IN-LIEU CONTRIBUTIONS.—Section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) is amended by striking subsection (c) and inserting
the following:
‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.
‘‘(1) FOR PUBLIC FACILITIES.
‘‘(A) IN GENERAL. In any case in which a State or local
government determines that the public welfare would not
best be served by repairing, restoring, reconstructing, or
replacing any public facility owned or controlled by the
State or local government, the State or local government
may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to 75
percent of the Federal share of the Federal estimate of the
cost of repairing, restoring, reconstructing, or replacing the
facility and of management expenses.
‘‘(B) AREAS WITH UNSTABLE SOIL. In any case in which
a State or local government determines that the public
welfare would not best be served by repairing, restoring,
reconstructing, or replacing any public facility owned or
controlled by the State or local government because soil instability in the disaster area makes repair, restoration, reconstruction, or replacement infeasible, the State or local
government may elect to receive, in lieu of a contribution
under subsection (a)(1)(A), a contribution in an amount
equal to 90 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or
replacing the facility and of management expenses.
‘‘(C) USE OF FUNDS. Funds contributed to a State or
local government under this paragraph may be used—
‘‘(i) to repair, restore, or expand other selected
public facilities;
‘‘(ii) to construct new facilities; or
‘‘(iii) to fund hazard mitigation measures that the
State or local government determines to be necessary
to meet a need for governmental services and functions in the area affected by the major disaster.
‘‘(D) LIMITATIONS. Funds made available to a State or
local government under this paragraph may not be used
for—
‘‘(i) any public facility located in a regulatory
floodway (as defined in section 59.1 of title 44, Code
of Federal Regulations (or a successor regulation)); or
‘‘(ii) any uninsured public facility located in a special flood hazard area identified by the Director of the
Federal Emergency Management Agency under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.).
‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.
‘‘(A) IN GENERAL. In any case in which a person that
owns or operates a private nonprofit facility determines
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that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the
person may elect to receive, in lieu of a contribution under
subsection (a)(1)(B), a contribution in an amount equal to
75 percent of the Federal share of the Federal estimate of
the cost of repairing, restoring, reconstructing, or replacing
the facility and of management expenses.
‘‘(B) USE OF FUNDS. Funds contributed to a person
under this paragraph may be used—
‘‘(i) to repair, restore, or expand other selected private nonprofit facilities owned or operated by the person;
‘‘(ii) to construct new private nonprofit facilities to
be owned or operated by the person; or
‘‘(iii) to fund hazard mitigation measures that the
person determines to be necessary to meet a need for
the person’s services and functions in the area affected
by the major disaster.
‘‘(C) LIMITATIONS. Funds made available to a person
under this paragraph may not be used for—
‘‘(i) any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44,
Code of Federal Regulations (or a successor regulation)); or
‘‘(ii) any uninsured private nonprofit facility located in a special flood hazard area identified by the
Director of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).’’.
(d) ELIGIBLE COST.—
(1) IN GENERAL.—Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is
amended by striking subsection (e) and inserting the following:
‘‘(e) ELIGIBLE COST.
‘‘(1) DETERMINATION.
‘‘(A) IN GENERAL. For the purposes of this section, the
President shall estimate the eligible cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility—
‘‘(i) on the basis of the design of the facility as the
facility existed immediately before the major disaster;
and
‘‘(ii) in conformity with codes, specifications, and
standards (including floodplain management and hazard mitigation criteria required by the President or
under the Coastal Barrier Resources Act (16 U.S.C.
3501 et seq.)) applicable at the time at which the disaster occurred.
‘‘(B) COST ESTIMATION PROCEDURES.
‘‘(i) IN GENERAL. Subject to paragraph (2), the
President shall use the cost estimation procedures established under paragraph (3) to determine the eligible cost under this subsection.
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Sec. 205

‘‘(ii) APPLICABILITY. The procedures specified in
this paragraph and paragraph (2) shall apply only to
projects the eligible cost of which is equal to or greater
than the amount specified in section 422.
‘‘(2) MODIFICATION OF ELIGIBLE COST.
‘‘(A) ACTUAL COST GREATER THAN CEILING PERCENTAGE
OF ESTIMATED COST. In any case in which the actual cost
of repairing, restoring, reconstructing, or replacing a facility under this section is greater than the ceiling percentage established under paragraph (3) of the cost estimated
under paragraph (1), the President may determine that
the eligible cost includes a portion of the actual cost of the
repair, restoration, reconstruction, or replacement that exceeds the cost estimated under paragraph (1).
‘‘(B) ACTUAL COST LESS THAN ESTIMATED COST.
‘‘(i) GREATER THAN OR EQUAL TO FLOOR PERCENTAGE OF ESTIMATED COST. In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than 100
percent of the cost estimated under paragraph (1), but
is greater than or equal to the floor percentage established under paragraph (3) of the cost estimated under
paragraph (1), the State or local government or person
receiving funds under this section shall use the excess
funds to carry out cost-effective activities that reduce
the risk of future damage, hardship, or suffering from
a major disaster.
‘‘(ii) LESS THAN FLOOR PERCENTAGE OF ESTIMATED
COST. In any case in which the actual cost of repairing,
restoring, reconstructing, or replacing a facility under
this section is less than the floor percentage established under paragraph (3) of the cost estimated under
paragraph (1), the State or local government or person
receiving assistance under this section shall reimburse
the President in the amount of the difference.
‘‘(C) NO EFFECT ON APPEALS PROCESS. Nothing in this
paragraph affects any right of appeal under section 423.
‘‘(3) EXPERT PANEL.
‘‘(A) ESTABLISHMENT. Not later than 18 months after
the date of the enactment of this paragraph, the President,
acting through the Director of the Federal Emergency
Management Agency, shall establish an expert panel,
which shall include representatives from the construction
industry and State and local government.
‘‘(B) DUTIES. The expert panel shall develop recommendations concerning—
‘‘(i) procedures for estimating the cost of repairing,
restoring, reconstructing, or replacing a facility consistent with industry practices; and
‘‘(ii) the ceiling and floor percentages referred to in
paragraph (2).
‘‘(C) REGULATIONS. Taking into account the recommendations of the expert panel under subparagraph
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(B), the President shall promulgate regulations that establish—
‘‘(i) cost estimation procedures described in subparagraph (B)(i); and
‘‘(ii) the ceiling and floor percentages referred to in
paragraph (2).
‘‘(D) REVIEW BY PRESIDENT. Not later than 2 years
after the date of promulgation of regulations under subparagraph (C) and periodically thereafter, the President
shall review the cost estimation procedures and the ceiling
and floor percentages established under this paragraph.
‘‘(E) REPORT TO CONGRESS. Not later than 1 year after
the date of promulgation of regulations under subparagraph (C), 3 years after that date, and at the end of each
2-year period thereafter, the expert panel shall submit to
Congress a report on the appropriateness of the cost estimation procedures.
‘‘(4) SPECIAL RULE. In any case in which the facility being
repaired, restored, reconstructed, or replaced under this section
was under construction on the date of the major disaster, the
cost of repairing, restoring, reconstructing, or replacing the facility shall include, for the purposes of this section, only those
costs that, under the contract for the construction, are the owner’s responsibility and not the contractor’s responsibility.’’.
(2) ø42 U.S.C. 5172 note¿ 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)(B)
of section 406(e) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (as amended by paragraph (1))
takes effect on the date on which the cost estimation procedures established under paragraph (3) of that section take effect.
(e) CONFORMING AMENDMENT.—Section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172) is amended by striking subsection (f).
SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) IN GENERAL.—Section 408 of the Robert T. Stafford Dis-

aster 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 accordance with this sec-

tion, the President, in consultation with the Governor of a
State, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who,
as a direct result of a major disaster, have necessary expenses
and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other
means.
‘‘(2) RELATIONSHIP TO OTHER ASSISTANCE. Under paragraph
(1), an individual or household shall not be denied assistance
under paragraph (1), (3), or (4) of subsection (c) solely on the
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basis that the individual or household has not applied for or
received any loan or other financial assistance from the Small
Business Administration or any other Federal agency.
‘‘(b) HOUSING ASSISTANCE.
‘‘(1) ELIGIBILITY. The President may provide financial or
other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their
predisaster primary residences or whose predisaster primary
residences are rendered uninhabitable as a result of damage
caused by a major disaster.
‘‘(2) DETERMINATION OF APPROPRIATE TYPES OF ASSISTANCE.
‘‘(A) IN GENERAL. The President shall determine appropriate types of housing assistance to be provided under
this section to individuals and households described in
subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and
such other factors as the President may consider appropriate.
‘‘(B) MULTIPLE TYPES OF ASSISTANCE. One or more
types of housing assistance may be made available under
this section, based on the suitability and availability of the
types of assistance, to meet the needs of individuals and
households in the particular disaster situation.
‘‘(c) TYPES OF HOUSING ASSISTANCE.
‘‘(1) TEMPORARY HOUSING.
‘‘(A) FINANCIAL ASSISTANCE.
‘‘(i) IN GENERAL. The President may provide financial assistance to individuals or households to rent alternate housing accommodations, existing rental units,
manufactured housing, recreational vehicles, or other
readily fabricated dwellings.
‘‘(ii) AMOUNT. The amount of assistance under
clause (i) shall be based on the fair market rent for
the accommodation provided plus the cost of any
transportation, utility hookups, or unit installation not
provided directly by the President.
‘‘(B) DIRECT ASSISTANCE.
‘‘(i) IN GENERAL. The President may provide temporary housing units, acquired by purchase or lease,
directly to individuals or households who, because of a
lack of available housing resources, would be unable to
make use of the assistance provided under subparagraph (A).
‘‘(ii) PERIOD OF ASSISTANCE. The President may
not provide direct assistance under clause (i) with respect to a major disaster after the end of the 18-month
period beginning on the date of the declaration of the
major disaster by the President, except that the President may extend that period if the President determines that due to extraordinary circumstances an extension would be in the public interest.
‘‘(iii) COLLECTION OF RENTAL CHARGES. After the
end of the 18-month period referred to in clause (ii),
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the President may charge fair market rent for each
temporary housing unit provided.
‘‘(2) REPAIRS.
‘‘(A) IN GENERAL. The President may provide financial
assistance for—
‘‘(i) the repair of owner-occupied private residences, utilities, and residential infrastructure (such
as a private access route) damaged by a major disaster
to a safe and sanitary living or functioning condition;
and
‘‘(ii) eligible hazard mitigation measures that reduce the likelihood of future damage to such residences, utilities, or infrastructure.
‘‘(B) RELATIONSHIP TO OTHER ASSISTANCE. A recipient
of assistance provided under this paragraph shall not be
required to show that the assistance can be met through
other means, except insurance proceeds.
‘‘(C) MAXIMUM AMOUNT OF ASSISTANCE. The amount of
assistance provided to a household under this paragraph
shall not exceed $5,000, as adjusted annually to reflect
changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
‘‘(3) REPLACEMENT.
‘‘(A) IN GENERAL. The President may provide financial
assistance for the replacement of owner-occupied private
residences damaged by a major disaster.
‘‘(B) MAXIMUM AMOUNT OF ASSISTANCE. The amount of
assistance provided to a household under this paragraph
shall not exceed $10,000, as adjusted annually to reflect
changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
‘‘(C) APPLICABILITY OF FLOOD INSURANCE REQUIREMENT. With respect to assistance provided under this paragraph, the President may not waive any provision of Federal law requiring the purchase of flood insurance as a
condition of the receipt of Federal disaster assistance.
‘‘(4) PERMANENT HOUSING CONSTRUCTION. The President
may provide financial assistance or direct assistance to individuals or households to construct permanent housing in insular
areas outside the continental United States and in other remote locations in cases in which—
‘‘(A) no alternative housing resources are available;
and
‘‘(B) the types of temporary housing assistance described in paragraph (1) are unavailable, infeasible, or not
cost-effective.
‘‘(d) TERMS AND CONDITIONS RELATING TO HOUSING ASSISTANCE.
‘‘(1) SITES.
‘‘(A) IN GENERAL. Any readily fabricated dwelling provided under this section shall, whenever practicable, be located on a site that—
‘‘(i) is complete with utilities; and
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‘‘(ii) is provided by the State or local government,
by the owner of the site, or by the occupant who was
displaced by the major disaster.
‘‘(B) SITES PROVIDED BY THE PRESIDENT. A readily fabricated dwelling may be located on a site provided by the
President if the President determines that such a site
would be more economical or accessible.
‘‘(2) DISPOSAL OF UNITS.
‘‘(A) SALE TO OCCUPANTS.
‘‘(i) IN GENERAL. Notwithstanding any other provision of law, a temporary housing unit purchased under
this section by the President for the purpose of housing disaster victims may be sold directly to the individual or household who is occupying the unit if the
individual or household lacks permanent housing.
‘‘(ii) SALE PRICE. A sale of a temporary housing
unit under clause (i) shall be at a price that is fair and
equitable.
‘‘(iii) DEPOSIT OF PROCEEDS. Notwithstanding any
other provision of law, the proceeds of a sale under
clause (i) shall be deposited in the appropriate Disaster Relief Fund account.
‘‘(iv) HAZARD AND FLOOD INSURANCE. A sale of a
temporary housing unit under clause (i) shall be made
on the condition that the individual or household purchasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit.
‘‘(v) USE OF GSA SERVICES. The President may use
the services of the General Services Administration to
accomplish a sale under clause (i).
‘‘(B) OTHER METHODS OF DISPOSAL. If not disposed of
under subparagraph (A), a temporary housing unit purchased under this section by the President for the purpose
of housing disaster victims—
‘‘(i) may be sold to any person; or
‘‘(ii) may be sold, transferred, donated, or otherwise made available directly to a State or other governmental entity or to a voluntary organization for the
sole purpose of providing temporary housing to disaster victims in major disasters and emergencies if, as
a condition of the sale, transfer, or donation, the State,
other governmental agency, or voluntary organization
agrees—
‘‘(I) to comply with the nondiscrimination provisions of section 308; and
‘‘(II) to obtain and maintain hazard and flood
insurance on the housing unit.
‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.
‘‘(1) MEDICAL, DENTAL, AND FUNERAL EXPENSES. The President, in consultation with the Governor of a State, may provide
financial assistance under this section to an individual or
household in the State who is adversely affected by a major
disaster to meet disaster-related medical, dental, and funeral
expenses.
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‘‘(2) PERSONAL PROPERTY, TRANSPORTATION, AND OTHER EXThe President, in consultation with the Governor of a
State, may provide financial assistance under this section to an
individual or household described in paragraph (1) to address
personal property, transportation, and other necessary expenses or serious needs resulting from the major disaster.
‘‘(f)) State Role.—
‘‘(1) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.
‘‘(A) GRANT TO STATE. Subject to subsection (g), a Governor may request a grant from the President to provide
financial assistance to individuals and households in the
State under subsection (e).
‘‘(B) ADMINISTRATIVE COSTS. A State that receives a
grant under subparagraph (A) may expend not more than
5 percent of the amount of the grant for the administrative
costs of providing financial assistance to individuals and
households in the State under subsection (e).
‘‘(2) ACCESS TO RECORDS. In providing assistance to individuals and households under this section, the President shall
provide for the substantial and ongoing involvement of the
States in which the individuals and households are located, including by providing to the States access to the electronic
records of individuals and households receiving assistance
under this section in order for the States to make available any
additional State and local assistance to the individuals and
households.
‘‘(g) COST SHARING.
‘‘(1) FEDERAL SHARE. Except as provided in paragraph (2),
the Federal share of the costs eligible to be paid using assistance provided under this section shall be 100 percent.
‘‘(2) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS. In
the case of financial assistance provided under subsection (e)—
‘‘(A) the Federal share shall be 75 percent; and
‘‘(B) the non-Federal share shall be paid from funds
made available by the State.
‘‘(h) MAXIMUM AMOUNT OF ASSISTANCE.
‘‘(1) IN GENERAL. No individual or household shall receive
financial assistance greater than $25,000 under this section
with respect to a single major disaster.
‘‘(2) ADJUSTMENT OF LIMIT. The limit established under
paragraph (1) shall be adjusted annually to reflect changes in
the Consumer Price Index for All Urban Consumers published
by the Department of Labor.
‘‘(i) RULES AND REGULATIONS. The President shall prescribe
rules and regulations to carry out this section, including criteria,
standards, and procedures for determining eligibility for assistance.’’.
(b) CONFORMING AMENDMENT.—Section 502(a)(6) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5192(a)(6)) is amended by striking ‘‘temporary housing’’.
(c) ELIMINATION OF INDIVIDUAL AND FAMILY GRANT PROGRAMS.—Section 411 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5178) is repealed.
PENSES.

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Sec. 301

(d) ø42 U.S.C. 5174 note¿ EFFECTIVE DATE.—The amendments
made by this section take effect 18 months after the date of the enactment of this Act.
SEC. 207. COMMUNITY DISASTER LOANS.

Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) is amended—
(1) by striking ‘‘(a) The President’’ and inserting the following:
‘‘(a) IN GENERAL. The President’’;
(2) by striking ‘‘The amount’’ and inserting the following:
‘‘(b) AMOUNT. The amount’’;
(3) by striking ‘‘Repayment’’ and inserting the following:
‘‘(c) REPAYMENT.
‘‘(1) CANCELLATION. Repayment’’;
(4) by striking ‘‘(b) Any loans’’ and inserting the following:
‘‘(d) EFFECT ON OTHER ASSISTANCE. Any loans’’;
(5) in subsection (b) (as designated by paragraph (2))—
(A) by striking ‘‘and shall’’ and inserting ‘‘shall’’; and
(B) by inserting before the period at the end the following: ‘‘, and shall not exceed $5,000,000’’; and
(6) in subsection (c) (as designated by paragraph (3)), by
adding at the end the following:
‘‘(2) CONDITION ON CONTINUING ELIGIBILITY. A local government shall not be eligible for further assistance under this section during any period in which the local government is in arrears with respect to a required repayment of a loan under this
section.’’.
SEC. 208. ø42 U.S.C. 5121 note¿ REPORT ON STATE MANAGEMENT OF
SMALL DISASTERS INITIATIVE.

Not later than 3 years after the date of the enactment of this
Act, the President shall submit to Congress a report describing the
results of the State Management of Small Disasters Initiative, including—
(1) identification of any administrative or financial benefits
of the initiative; and
(2) recommendations concerning the conditions, if any,
under which States should be allowed the option to administer
parts of the assistance program under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5172).
SEC. 209. ø42 U.S.C. 5121 note¿ STUDY REGARDING COST REDUCTION.

Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act.

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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22

‘‘SEC. 1. SHORT TITLE

‘‘This Act may be cited as the ‘Robert T. Stafford Disaster Relief and Emergency Assistance Act’.’’.
SEC. 302. DEFINITIONS.

Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended—
(1) in each of paragraphs (3) and (4), by striking ‘‘the
Northern’’ and all that follows through ‘‘Pacific Islands’’ and inserting ‘‘and the Commonwealth of the Northern Mariana Islands’’;
(2) by striking paragraph (6) and inserting the following:
‘‘(6) LOCAL GOVERNMENT. The term ‘local government’
means—
‘‘(A) a county, municipality, city, town, township, local
public authority, school district, special district, intrastate
district, council of governments (regardless of whether the
council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government;
‘‘(B) an Indian tribe or authorized tribal organization,
or Alaska Native village or organization; and
‘‘(C) a rural community, unincorporated town or village, or other public entity, for which an application for assistance is made by a State or political subdivision of a
State.’’; and
(3) in paragraph (9), by inserting ‘‘irrigation,’’ after ‘‘utility,’’.
SEC. 303. FIRE MANAGEMENT ASSISTANCE.
(a) IN GENERAL.—Section 420 of the

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is
amended to read as follows:
‘‘SEC. 420. FIRE MANAGEMENT ASSISTANCE
‘‘(a) IN GENERAL. The President is authorized

to provide assistance, including grants, equipment, supplies, and personnel, to any
State or local government for the mitigation, management, and
control of any fire on public or private forest land or grassland that
threatens such destruction as would constitute a major disaster.
‘‘(b) COORDINATION WITH STATE AND TRIBAL DEPARTMENTS OF
FORESTRY. In providing assistance under this section, the President
shall coordinate with State and tribal departments of forestry.
‘‘(c) ESSENTIAL ASSISTANCE. In providing assistance under this
section, the President may use the authority provided under section 403.
‘‘(d) RULES AND REGULATIONS. The President shall prescribe
such rules and regulations as are necessary to carry out this section.’’.
(b) ø42 U.S.C. 5187 note¿ EFFECTIVE DATE.—The amendment
made by subsection (a) takes effect 1 year after the date of the enactment of this Act.
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Disaster Mitigation Act of 2000

Sec. 305

SEC. 304. ø42 U.S.C. 5205¿ DISASTER GRANT CLOSEOUT PROCEDURES.

Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5101 et seq.) is amended by adding
at the end the following:
‘‘SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES
‘‘(a) STATUTE OF LIMITATIONS.
‘‘(1) IN GENERAL. Except as provided in paragraph

(2), no
administrative action to recover any payment made to a State
or local government for disaster or emergency assistance under
this Act shall be initiated in any forum after the date that is
3 years after the date of transmission of the final expenditure
report for the disaster or emergency.
‘‘(2) FRAUD EXCEPTION. The limitation under paragraph (1)
shall apply unless there is evidence of civil or criminal fraud.
‘‘(b) REBUTTAL OF PRESUMPTION OF RECORD MAINTENANCE.
‘‘(1) IN GENERAL. In any dispute arising under this section
after the date that is 3 years after the date of transmission of
the final expenditure report for the disaster or emergency,
there shall be a presumption that accounting records were
maintained that adequately identify the source and application
of funds provided for financially assisted activities.
‘‘(2) AFFIRMATIVE EVIDENCE. The presumption described in
paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph.
‘‘(3) INABILITY TO PRODUCE DOCUMENTATION. The inability
of the Federal, State, or local government to produce source
documentation supporting expenditure reports later than 3
years after the date of transmission of the final expenditure report shall not constitute evidence to rebut the presumption described in paragraph (1).
‘‘(4) RIGHT OF ACCESS. The period during which the Federal, State, or local government has the right to access source
documentation shall not be limited to the required 3-year retention period referred to in paragraph (3), but shall last as
long as the records are maintained.
‘‘(c) BINDING NATURE OF GRANT REQUIREMENTS. A State or
local government shall not be liable for reimbursement or any other
penalty for any payment made under this Act if—
‘‘(1) the payment was authorized by an approved agreement specifying the costs;
‘‘(2) the costs were reasonable; and
‘‘(3) the purpose of the grant was accomplished.’’.
SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL
AND STATE EMPLOYEES.
(a) IN GENERAL.—Section 1204 of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended by
striking paragraph (7) and inserting the following:
‘‘(7) ‘public safety officer’ means—
‘‘(A) an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a member of a rescue squad or ambulance crew;
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24

‘‘(B) an employee of the Federal Emergency Management Agency who is performing official duties of the Agency in an area, if those official duties—
‘‘(i) are related to a major disaster or emergency
that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.); and
‘‘(ii) are determined by the Director of the Federal
Emergency Management Agency to be hazardous duties; or
‘‘(C) an employee of a State, local, or tribal emergency
management or civil defense agency who is performing official duties in cooperation with the Federal Emergency
Management Agency in an area, if those official duties—
‘‘(i) are related to a major disaster or emergency
that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.); and
‘‘(ii) are determined by the head of the agency to
be hazardous duties.’’.
(b) ø42 U.S.C. 3796b note¿ EFFECTIVE DATE.—The amendment
made by subsection (a) applies only to employees described in subparagraphs (B) and (C) of section 1204(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 (as amended by subsection
(a)) who are injured or who die in the line of duty on or after the
date of the enactment of this Act.
SEC. 306. ø42 U.S.C. 5206¿ BUY AMERICAN.
(a) COMPLIANCE WITH BUY AMERICAN

ACT.—No funds authorized to be appropriated under this Act or any amendment made by
this Act may be expended by an entity unless the entity, in expending the funds, complies with the Buy American Act (41 U.S.C. 10a
et seq.).
(b) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE
OF ‘‘MADE IN AMERICA’’ LABELS.—
(1) IN GENERAL.—If the Director of the Federal Emergency
Management Agency determines that a person has been convicted of intentionally affixing a label bearing a ‘‘Made in
America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Director shall
determine, not later than 90 days after determining that the
person has been so convicted, whether the person should be
debarred from contracting under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).
(2) DEFINITION OF DEBAR.—In this subsection, the term
‘‘debar’’ has the meaning given the term in section 2393(c) of
title 10, United States Code.
SEC. 307. TREATMENT OF CERTAIN REAL PROPERTY.
(a) IN GENERAL.—Notwithstanding the National

Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), or any other provision
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Sec. 308

of law, or any flood risk zone identified, delineated, or established
under any such law (by flood insurance rate map or otherwise), the
real property described in subsection (b) shall not be considered to
be, or to have been, located in any area having special flood hazards (including any floodway or floodplain).
(b) REAL PROPERTY.—The real property described in this subsection is all land and improvements on the land located in the
Maple Terrace Subdivisions in the City of Sycamore, DeKalb County, Illinois, including—
(1) Maple Terrace Phase I;
(2) Maple Terrace Phase II;
(3) Maple Terrace Phase III Unit 1;
(4) Maple Terrace Phase III Unit 2;
(5) Maple Terrace Phase III Unit 3;
(6) Maple Terrace Phase IV Unit 1;
(7) Maple Terrace Phase IV Unit 2; and
(8) Maple Terrace Phase IV Unit 3.
(c) REVISION OF FLOOD INSURANCE RATE LOT MAPS.—As soon
as practicable after the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall revise the
appropriate flood insurance rate lot maps of the agency to reflect
the treatment under subsection (a) of the real property described
in subsection (b).
SEC. 308. ø42 U.S.C. 5121 note¿ STUDY OF PARTICIPATION BY INDIAN
TRIBES IN EMERGENCY MANAGEMENT.
(a) DEFINITION OF INDIAN TRIBE.—In this section, the term ‘‘In-

dian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b).
(b) STUDY.—
(1) IN GENERAL.—The Director of the Federal Emergency
Management Agency shall conduct a study of participation by
Indian tribes in emergency management.
(2) REQUIRED ELEMENTS.—The study shall—
(A) survey participation by Indian tribes in training,
predisaster and postdisaster mitigation, disaster preparedness, and disaster recovery programs at the Federal and
State levels; and
(B) review and assess the capacity of Indian tribes to
participate in cost-shared emergency management programs and to participate in the management of the programs.
(3) CONSULTATION.—In conducting the study, the Director
shall consult with Indian tribes.
(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Director shall submit a report on the study
under subsection (b) to—
(1) the Committee on Environment and Public Works of
the Senate;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Committee on Appropriations of the Senate; and
(4) the Committee on Appropriations of the House of Representatives.
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