Disaster Mitigation Act of 2000

PUBLIC LAW 106-390-OCT. 30,2000

DISASTER MITIGATION ACT OF 2000

114 STAT. 1552

PUBLIC LAW 106-390-OCT.

30, 2000

Public Law 106-390
106th Congress

An Act
Oct. 30, 2000
[H.R. 7071

Disaster
Mitigation Act of
2000.
42 USC 5121
note.

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.
the

Be it enacted by the S e n a t e and House of R e p r e s e n t a t i v e s of
United States of America in Congress a s s e m b l e d ,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
( a ) SHORTTITLE.-T~~sAct may be cited as the "Disaster
M i t i g a t i o n Act of 2000".
( b ) TABLEOF CONTENTS.--T~~
table o f 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.
SSec.
Sec.
Sec.
Sec.

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

TITLE 11-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.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.
307.
308.

TITLE 111-MISCELLANEOUS
Technical correction of short title.
Definitions.
Fire management assistance.
Disaster grant closeout procedures.
Public safety officer benefits for certain Federal and State employees.
Buy American.
Treatment of certain real property.
Study of participation by Indian tribes i n emergency management.

TITLE I-PREDISASTER HAZARD
MITIGATION
42 USC 5133
note.

SEC. 101. FINDINGS AND PURPOSE.

(a)F ~ ~ ~ I ~ ~ s . - C o n gf ri ne dsssthat-

PUBLIC LAW 106-390-OCT.

30, 2000

114 STAT. 1567

"SEC. 408. FEDERAL ASSISTANCE TO INDIMDUALS AND HOUSEHOLDS.

"(a) IN GENERAL."(1) PROVISION
OF ASSISTANCE.--In accordance with this
section, the President, in consultation with the Governor of
a State, may provide financial assistance, and, if necessary,
direct services, to individuals and households in the State who,
as a direct result of a major disaster, have necessary expenses
and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other
means.
"(2) RELATIONSHIP
TO OTHER ASSISTANCE.-U~~~~
paragraph (I), an individual or household shall not be denied assistance under paragraph (11, (31, 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.-ThePresident 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.--T~~President shall determine
appropriate types of housing assistance to be provided
under this section to individuals and households described
in subsection (a)(l)based on considerations of cost effectiveness, convenience to the individuals and households, and
such other factors as the President may consider appropriate.
"(B) MULTIPLETYPES 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.-T~~
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) DIRECTASSISTANCE."(i) IN GENERAL.--The President may provide temporary housing units, acquired by purchase or lease,
directly to individuals or households who, because of
a lack of available housing resources, would be unable

President.

114 STAT. 1568

PUBLIC LAW 106-390-OCT.

30, 2000

to make use of the assistance provided under subparagraph (A).
"(ii) PERIODOF ASSISTANCE.-The President may
not provide direct assistance under clause (i) with
respect to a major disaster after the end of the 18month 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 cH~~GEs.-Afterthe
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.-ThePresident 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.-Arecipient
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) MAXIMUMAMOUNT 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.--ThePresident may provide financial
assistance for the replacement of owner-occupied private
residences damaged by a major disaster.
"(B) MAXIMUMAMOUNT 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 REQUIRE~ ~ N ~ . - w i trespect
h
to assistance provided under this
paragraph, the President may not waive any provision
of Federal law requiring the purchase of flood insurance
as a condition of the receipt of Federal disaster assistance.
"(4) PERMANENT
HOUSING CONSTRUCTION.-The
President
may provide financial assistance or direct assistance to individuals or households to construct permanent housing in insular
areas outside the continental United States and in other remote
locations in cases in which"(A) no alternative housing resources are available;
and

PUBLIC LAW 106-390-OCT. 30, 2000

114 STAT. 1569

"(B) the types of temporary housing assistance
described in paragraph (1) are unavailable, infeasible, or
not cost-effective.
"(dl TERMSAND CONDITIONSRELATINGTO HOUSINGASSISTANCE."(1) SITES."(A) IN GENERAL.--Any
readily fabricated dwelling provided under this section shall, whenever practicable, be
located on a site that"(i) is complete with utilities; and
"(ii) is provided by the State or local government,
by the owner of the site, or by the occupant who
was displaced by the major disaster.
"(B) SITES PROVIDED BY THE PRESIDENT.-A readily
fabricated dwelling may be located on a site provided by
the President if the President determines that such a site
would be more economical or accessible.
"(2) DISPOSAL
OF UNITS."(A) SALE TO 0CCUPANTS."(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) DEPOSITO F 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.
President may
"(v) USE OF GSA SERV?CES.-T~~
use the services of the General Services Administration
to accomplish a sale under clause (i).
"(B) OTHERMETHODS 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
"(11) to obtain and maintain hazard and flood
insurance on the housing unit.

114 STAT. 1570

President.

PUBLIC LAW 106-390-OCT.

30,2000

Ye) FINANCIAL
ASSISTANCETOADDRESS OTHERNEEDS."(1) MEDICAL,
DENTAL, AND FUNERAL EXPENSES.-The President, in consultation with the Governor of a State, may provide
financial assistance under this section to an individual or household in the State who is adversely affected by a major disaster
to meet disaster-related medical, dental, and funeral expenses.
"(2) PERSONALPROPERTY, TRANSPORTATION,
AND OTHER
EXPENSES.-T~~
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) STATEROLE."(1) FINANCIAL
ASSISTANCE TO ADDRESS OTHER NEEDS."(A) GRANTTO 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) COSTSHARING."(1) FEDERALsH~~E.--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
(et
"(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.-NOindividual or household shall receive
financial assistance greater than $25,000 under this section
with respect to a single major disaster.
"(2) ADJUSTMENT
OF LIMIT.-T~~
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) RULESAND REGULATIONS.-ThePresident shall prescribe
rules and regulations to carry out this section, including criteria,
standards, and procedures for determining eligibility for assistance.".
(b) CONFORMING
AMENDMENT.--S
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".