Disaster Mitigation Act of 2000 (DMA)

PUBLIC LAW 106–390—OCT. 30, 2000

DISASTER MITIGATION ACT OF 2000

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114 STAT. 1552

PUBLIC LAW 106–390—OCT. 30, 2000

Public Law 106–390
106th Congress
An Act
Oct. 30, 2000
[H.R. 707]

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.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Disaster
Mitigation Act of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—PREDISASTER HAZARD MITIGATION
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.
Sec.
Sec.
Sec.
Sec.

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

TITLE III—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 in emergency management.

TITLE I—PREDISASTER HAZARD
MITIGATION
42 USC 5133
note.

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SEC. 101. FINDINGS AND PURPOSE.

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(a) FINDINGS.—Congress finds that—

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(1) natural disasters, including earthquakes, tsunamis,
tornadoes, hurricanes, flooding, and wildfires, pose great danger
to human life and to property throughout the United States;
(2) greater emphasis needs to be placed on—
(A) identifying and assessing the risks to States and
local governments (including Indian tribes) from natural
disasters;
(B) implementing adequate measures to reduce losses
from natural disasters; and
(C) ensuring that the critical services and facilities
of communities will continue to function after a natural
disaster;
(3) expenditures for postdisaster assistance are increasing
without commensurate reductions in the likelihood of future
losses from natural disasters;
(4) in the expenditure of Federal funds under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), high priority should be given to mitigation
of hazards at the local level; and
(5) with a unified effort of economic incentives, awareness
and education, technical assistance, and demonstrated Federal
support, States and local governments (including Indian tribes)
will be able to—
(A) form effective community-based partnerships for
hazard mitigation purposes;
(B) implement effective hazard mitigation measures
that reduce the potential damage from natural disasters;
(C) ensure continued functionality of critical services;
(D) leverage additional non-Federal resources in
meeting natural disaster resistance goals; and
(E) make commitments to long-term hazard mitigation
efforts to be applied to new and existing structures.
(b) PURPOSE.—The purpose of this title is to establish a national
disaster hazard mitigation program—
(1) to reduce the loss of life and property, human suffering,
economic disruption, and disaster assistance costs resulting
from natural disasters; and
(2) to provide a source of predisaster hazard mitigation
funding that will assist States and local governments (including
Indian tribes) in implementing effective hazard mitigation
measures that are designed to ensure the continued
functionality of critical services and facilities after a natural
disaster.
SEC. 102. PREDISASTER HAZARD MITIGATION.

(a) IN GENERAL.—Title II of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is
amended by adding at the end the following:
‘‘SEC. 203. PREDISASTER HAZARD MITIGATION.

‘‘(a) DEFINITION OF SMALL IMPOVERISHED COMMUNITY.—In this
section, the term ‘small impoverished community’ means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is
located and based on criteria established by the President.
‘‘(b) ESTABLISHMENT OF PROGRAM.—The President may establish a program to provide technical and financial assistance to
States and local governments to assist in the implementation of

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42 USC 5133.

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114 STAT. 1554

President.

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PUBLIC LAW 106–390—OCT. 30, 2000

predisaster hazard mitigation measures that are cost-effective and
are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities
under the jurisdiction of the States or local governments.
‘‘(c) APPROVAL BY PRESIDENT.—If the President determines that
a State or local government has identified natural disaster hazards
in areas under its jurisdiction and has demonstrated the ability
to form effective public-private natural disaster hazard mitigation
partnerships, the President, using amounts in the National
Predisaster Mitigation Fund established under subsection (i)
(referred to in this section as the ‘Fund’), may provide technical
and financial assistance to the State or local government to be
used in accordance with subsection (e).
‘‘(d) STATE RECOMMENDATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) RECOMMENDATIONS.—The Governor of each State
may recommend to the President not fewer than five local
governments to receive assistance under this section.
‘‘(B) DEADLINE FOR SUBMISSION.—The recommendations under subparagraph (A) shall be submitted to the
President not later than October 1, 2001, and each October
1st thereafter or such later date in the year as the President may establish.
‘‘(C) CRITERIA.—In making recommendations under
subparagraph (A), a Governor shall consider the criteria
specified in subsection (g).
‘‘(2) USE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), in providing assistance to local governments under
this section, the President shall select from local governments recommended by the Governors under this subsection.
‘‘(B) EXTRAORDINARY CIRCUMSTANCES.—In providing
assistance to local governments under this section, the
President may select a local government that has not been
recommended by a Governor under this subsection if the
President determines that extraordinary circumstances justify the selection and that making the selection will further
the purpose of this section.
‘‘(3) EFFECT OF FAILURE TO NOMINATE.—If a Governor of
a State fails to submit recommendations under this subsection
in a timely manner, the President may select, subject to the
criteria specified in subsection (g), any local governments of
the State to receive assistance under this section.
‘‘(e) USES OF TECHNICAL AND FINANCIAL ASSISTANCE.—
‘‘(1) IN GENERAL.—Technical and financial assistance provided under this section—
‘‘(A) shall be used by States and local governments
principally to implement predisaster hazard mitigation
measures that are cost-effective and are described in proposals approved by the President under this section; and
‘‘(B) may be used—
‘‘(i) to support effective public-private natural disaster hazard mitigation partnerships;
‘‘(ii) to improve the assessment of a community’s
vulnerability to natural hazards; or

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114 STAT. 1555

‘‘(iii) to establish hazard mitigation priorities, and
an appropriate hazard mitigation plan, for a community.
‘‘(2) DISSEMINATION.—A State or local government may use
not more than 10 percent of the financial assistance received
by the State or local government under this section for a
fiscal year to fund activities to disseminate information
regarding cost-effective mitigation technologies.
‘‘(f ) ALLOCATION OF FUNDS.—The amount of financial assistance
made available to a State (including amounts made available to
local governments of the State) under this section for a fiscal
year—
‘‘(1) shall be not less than the lesser of—
‘‘(A) $500,000; or
‘‘(B) the amount that is equal to 1.0 percent of the
total funds appropriated to carry out this section for the
fiscal year;
‘‘(2) shall not exceed 15 percent of the total funds described
in paragraph (1)(B); and
‘‘(3) shall be subject to the criteria specified in subsection
(g).
‘‘(g) CRITERIA FOR ASSISTANCE AWARDS.—In determining
whether to provide technical and financial assistance to a State
or local government under this section, the President shall take
into account—
‘‘(1) the extent and nature of the hazards to be mitigated;
‘‘(2) the degree of commitment of the State or local government to reduce damages from future natural disasters;
‘‘(3) the degree of commitment by the State or local government to support ongoing non-Federal support for the hazard
mitigation measures to be carried out using the technical and
financial assistance;
‘‘(4) the extent to which the hazard mitigation measures
to be carried out using the technical and financial assistance
contribute to the mitigation goals and priorities established
by the State;
‘‘(5) the extent to which the technical and financial assistance is consistent with other assistance provided under this
Act;
‘‘(6) the extent to which prioritized, cost-effective mitigation
activities that produce meaningful and definable outcomes are
clearly identified;
‘‘(7) if the State or local government has submitted a mitigation plan under section 322, the extent to which the activities
identified under paragraph (6) are consistent with the mitigation plan;
‘‘(8) the opportunity to fund activities that maximize net
benefits to society;
‘‘(9) the extent to which assistance will fund mitigation
activities in small impoverished communities; and
‘‘(10) such other criteria as the President establishes in
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.

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PUBLIC LAW 106–390—OCT. 30, 2000

‘‘(2) SMALL IMPOVERISHED COMMUNITIES.—Notwithstanding
paragraph (1), the President may contribute up to 90 percent
of the total cost of a mitigation activity carried out in a small
impoverished community.
‘‘(i) NATIONAL PREDISASTER MITIGATION FUND.—
‘‘(1) ESTABLISHMENT.—The President may establish in the
Treasury of the United States a fund to be known as the
‘National Predisaster Mitigation Fund’, to be used in carrying
out this section.
‘‘(2) TRANSFERS TO FUND.—There shall be deposited in the
Fund—
‘‘(A) amounts appropriated to carry out this section,
which shall remain available until expended; and
‘‘(B) sums available from gifts, bequests, or donations
of services or property received by the President for the
purpose of predisaster hazard mitigation.
‘‘(3) EXPENDITURES FROM FUND.—Upon request by the
President, the Secretary of the Treasury shall transfer from
the Fund to the President such amounts as the President
determines are necessary to provide technical and financial
assistance under this section.
‘‘(4) INVESTMENT OF AMOUNTS.—
‘‘(A) IN GENERAL.—The Secretary of the Treasury shall
invest such portion of the Fund as is not, in the judgment
of the Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interestbearing obligations of the United States.
‘‘(B) ACQUISITION OF OBLIGATIONS.—For the purpose
of investments under subparagraph (A), obligations may
be acquired—
‘‘(i) on original issue at the issue price; or
‘‘(ii) by purchase of outstanding obligations at the
market price.
‘‘(C) SALE OF OBLIGATIONS.—Any obligation acquired
by the Fund may be sold by the Secretary of the Treasury
at the market price.
‘‘(D) CREDITS TO FUND.—The interest on, and the proceeds from the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the
Fund.
‘‘(E) TRANSFERS OF AMOUNTS.—
‘‘(i) IN GENERAL.—The amounts required to be
transferred to the Fund under this subsection shall
be transferred at least monthly from the general fund
of the Treasury to the Fund on the basis of estimates
made by the Secretary of the Treasury.
‘‘(ii) ADJUSTMENTS.—Proper adjustment shall be
made in amounts subsequently transferred to the
extent prior estimates were in excess of or less than
the amounts required to be transferred.
‘‘( j) LIMITATION ON TOTAL AMOUNT OF FINANCIAL ASSISTANCE.—
The President shall not provide financial assistance under this
section in an amount greater than the amount available in the
Fund.
‘‘(k) MULTIHAZARD ADVISORY MAPS.—
‘‘(1) DEFINITION OF MULTIHAZARD ADVISORY MAP.—In this
subsection, the term ‘multihazard advisory map’ means a map

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on which hazard data concerning each type of natural disaster
is identified simultaneously for the purpose of showing areas
of hazard overlap.
‘‘(2) DEVELOPMENT OF MAPS.—In consultation with States,
local governments, and appropriate Federal agencies, the President shall develop multihazard advisory maps for areas, in
not fewer than five States, that are subject to commonly recurring natural hazards (including flooding, hurricanes and severe
winds, and seismic events).
‘‘(3) USE OF TECHNOLOGY.—In developing multihazard
advisory maps under this subsection, the President shall use,
to the maximum extent practicable, the most cost-effective and
efficient technology available.
‘‘(4) USE OF MAPS.—
‘‘(A) ADVISORY NATURE.—The multihazard advisory
maps shall be considered to be advisory and shall not
require the development of any new policy by, or impose
any new policy on, any government or private entity.
‘‘(B) AVAILABILITY OF MAPS.—The multihazard advisory
maps shall be made available to the appropriate State
and local governments for the purposes of—
‘‘(i) informing the general public about the risks
of natural hazards in the areas described in paragraph
(2);
‘‘(ii) supporting the activities described in subsection (e); and
‘‘(iii) other public uses.
‘‘(l) REPORT ON FEDERAL AND STATE ADMINISTRATION.—Not
later than 18 months after the date of the enactment of this section,
the President, in consultation with State and local governments,
shall submit to Congress a report evaluating efforts to implement
this section and recommending a process for transferring greater
authority and responsibility for administering the assistance program established under this section to capable States.
‘‘(m) TERMINATION OF AUTHORITY.—The authority provided by
this section terminates December 31, 2003.’’.
(b) CONFORMING AMENDMENT.—Title II of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131
et seq.) is amended by striking the title heading and inserting
the following:

President.

Deadline.

‘‘TITLE II—DISASTER PREPAREDNESS
AND MITIGATION ASSISTANCE’’.
SEC. 103. INTERAGENCY TASK FORCE.

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

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 administered by the Federal Government.

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PUBLIC LAW 106–390—OCT. 30, 2000

‘‘(b) CHAIRPERSON.—The Director of
Management Agency shall serve as the
force.
‘‘(c) MEMBERSHIP.—The membership
include representatives of—
‘‘(1) relevant Federal agencies;
‘‘(2) State and local government
Indian tribes); and
‘‘(3) the American Red Cross.’’.

the Federal Emergency
chairperson of the task
of the task force shall
organizations (including

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 USC 5165.

President.

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‘‘SEC. 322. MITIGATION PLANNING.

‘‘(a) REQUIREMENT OF MITIGATION PLAN.—As a condition of
receipt of an increased Federal share for hazard mitigation measures under subsection (e), a State, local, or tribal government shall
develop and submit for approval to the President a mitigation
plan that outlines processes for identifying the natural hazards,
risks, and vulnerabilities of the area under the jurisdiction of the
government.
‘‘(b) LOCAL AND TRIBAL PLANS.—Each mitigation plan developed
by a local or tribal government shall—
‘‘(1) describe actions to mitigate hazards, risks, and
vulnerabilities identified under the plan; and
‘‘(2) establish a strategy to implement those actions.
‘‘(c) STATE PLANS.—The State process of development of a mitigation plan under this section shall—
‘‘(1) identify the natural hazards, risks, and vulnerabilities
of areas in the State;
‘‘(2) support development of local mitigation plans;
‘‘(3) provide for technical assistance to local and tribal
governments for mitigation planning; and
‘‘(4) identify and prioritize mitigation actions that the State
will support, as resources become available.
‘‘(d) FUNDING.—
‘‘(1) IN GENERAL.—Federal contributions under section 404
may be used to fund the development and updating of mitigation plans under this section.
‘‘(2) MAXIMUM FEDERAL CONTRIBUTION.—With respect to
any mitigation plan, a State, local, or tribal government may
use an amount of Federal contributions under section 404 not
to exceed 7 percent of the amount of such contributions available to the government as of a date determined by the government.
‘‘(e) INCREASED FEDERAL SHARE FOR HAZARD MITIGATION MEASURES.—
‘‘(1) IN GENERAL.—If, at the time of the declaration of
a major disaster, a State has in effect an approved mitigation
plan under this section, the President may increase to 20 percent, with respect to the major disaster, the maximum percentage specified in the last sentence of section 404(a).
‘‘(2) FACTORS FOR CONSIDERATION.—In determining whether
to increase the maximum percentage under paragraph (1), the
President shall consider whether the State has established—

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‘‘(A) eligibility criteria for property acquisition and
other types of mitigation measures;
‘‘(B) requirements for cost effectiveness that are related
to the eligibility criteria;
‘‘(C) a system of priorities that is related to the eligibility criteria; and
‘‘(D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the
mitigation action is complete.
‘‘SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES.

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

42 USC 5165a.

President.

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

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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 USC 5165b.

Regulations.

Deadline.

42 USC 5165b
note.

‘‘SEC. 324. MANAGEMENT COSTS.

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

Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended by
section 202(a)) is amended by adding at the end the following:
42 USC 5165c.

‘‘SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS.

‘‘(a) PUBLIC NOTICE AND COMMENT CONCERNING NEW OR MODIPOLICIES.—
‘‘(1) IN GENERAL.—The President shall provide for public
notice and opportunity for comment before adopting any new
or modified policy that—
‘‘(A) governs implementation of the public assistance
program administered by the Federal Emergency Management Agency under this Act; and
‘‘(B) could result in a significant reduction of assistance
under the program.

FIED

President.

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‘‘(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.’’.

President.

SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT
PROGRAM.

Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at
the end the following:
‘‘(c) PROGRAM ADMINISTRATION BY STATES.—
‘‘(1) IN GENERAL.—A State desiring to administer the
hazard mitigation grant program established by this section
with respect to hazard mitigation assistance in the State may
submit to the President an application for the delegation of
the authority to administer the program.
‘‘(2) CRITERIA.—The President, in consultation and
coordination with States and local governments, shall establish
criteria for the approval of applications submitted under paragraph (1). The criteria shall include, at a minimum—
‘‘(A) the demonstrated ability of the State to manage
the grant program under this section;
‘‘(B) there being in effect an approved mitigation plan
under section 322; and
‘‘(C) a demonstrated commitment to mitigation activities.
‘‘(3) APPROVAL.—The President shall approve an application
submitted under paragraph (1) that meets the criteria established under paragraph (2).
‘‘(4) WITHDRAWAL OF APPROVAL.—If, after approving an
application of a State submitted under paragraph (1), the President determines that the State is not administering the hazard
mitigation grant program established by this section in a
manner satisfactory to the President, the President shall withdraw the approval.
‘‘(5) AUDITS.—The President shall provide for periodic
audits of the hazard mitigation grant programs administered
by States under this subsection.’’.

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SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR
REPLACE DAMAGED FACILITIES.

(a) CONTRIBUTIONS.—Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is
amended by striking subsection (a) and inserting the following:
‘‘(a) CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—The President may make contributions—
‘‘(A) to a State or local government for the repair,
restoration, reconstruction, or replacement of a public
facility damaged or destroyed by a major disaster and
for associated expenses incurred by the government; and
‘‘(B) subject to paragraph (3), to a person that owns
or operates a private nonprofit facility damaged or
destroyed by a major disaster for the repair, restoration,
reconstruction, or replacement of the facility and for associated expenses incurred by the person.
‘‘(2) ASSOCIATED EXPENSES.—For the purposes of this section, associated expenses shall include—
‘‘(A) the costs of mobilizing and employing the National
Guard for performance of eligible work;
‘‘(B) the costs of using prison labor to perform eligible
work, including wages actually paid, transportation to a
worksite, and extraordinary costs of guards, food, and
lodging; and
‘‘(C) base and overtime wages for the employees and
extra hires of a State, local government, or person described
in paragraph (1) that perform eligible work, plus fringe
benefits on such wages to the extent that such benefits
were being paid before the major disaster.
‘‘(3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT
FACILITIES.—
‘‘(A) IN GENERAL.—The President may make contributions to a private nonprofit facility under paragraph (1)(B)
only if—
‘‘(i) the facility provides critical services (as defined
by the President) in the event of a major disaster;
or
‘‘(ii) the owner or operator of the facility—
‘‘(I) has applied for a disaster loan under section 7(b) of the Small Business Act (15 U.S.C.
636(b)); and
‘‘(II)(aa) has been determined to be ineligible
for such a loan; or
‘‘(bb) has obtained such a loan in the maximum
amount for which the Small Business Administration determines the facility is eligible.
‘‘(B) DEFINITION OF CRITICAL SERVICES.—In this paragraph, the term ‘critical services’ includes power, water
(including water provided by an irrigation organization
or facility), sewer, wastewater treatment, communications,
and emergency medical care.
‘‘(4) NOTIFICATION TO CONGRESS.—Before making any contribution under this section in an amount greater than
$20,000,000, the President shall notify—
‘‘(A) the Committee on Environment and Public Works
of the Senate;

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‘‘(B) the Committee on Transportation and Infrastructure of the House of Representatives;
‘‘(C) the Committee on Appropriations of the Senate;
and
‘‘(D) the Committee on Appropriations of the House
of Representatives.’’.
(b) FEDERAL SHARE.—Section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)
is amended by striking subsection (b) and inserting the following:
‘‘(b) FEDERAL SHARE.—
‘‘(1) MINIMUM FEDERAL SHARE.—Except as provided in paragraph (2), the Federal share of assistance under this section
shall be not less than 75 percent of the eligible cost of repair,
restoration, reconstruction, or replacement carried out under
this section.
‘‘(2) REDUCED FEDERAL SHARE.—The President shall
promulgate regulations to reduce the Federal share of assistance under this section to not less than 25 percent in the
case of the repair, restoration, reconstruction, or replacement
of any eligible public facility or private nonprofit facility following an event associated with a major disaster—
‘‘(A) that has been damaged, on more than one occasion
within the preceding 10-year period, by the same type
of event; and
‘‘(B) the owner of which has failed to implement appropriate mitigation measures to address the hazard that
caused the damage to the facility.’’.
(c) LARGE IN-LIEU CONTRIBUTIONS.—Section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172) is amended by striking subsection (c) and inserting the following:
‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.—
‘‘(1) FOR PUBLIC FACILITIES.—
‘‘(A) IN GENERAL.—In any case in which a State or
local government determines that the public welfare would
not best be served by repairing, restoring, reconstructing,
or replacing any public facility owned or controlled by
the State or local government, the State or local government may elect to receive, in lieu of a contribution under
subsection (a)(1)(A), a contribution in an amount equal
to 75 percent of the Federal share of the Federal estimate
of the cost of repairing, restoring, reconstructing, or
replacing the facility and of management expenses.
‘‘(B) AREAS WITH UNSTABLE SOIL.—In any case in which
a State or local government determines that the public
welfare would not best be served by repairing, restoring,
reconstructing, or replacing any public facility owned or
controlled by the State or local government because soil
instability in the disaster area makes repair, restoration,
reconstruction, or replacement infeasible, the State or local
government may elect to receive, in lieu of a contribution
under subsection (a)(1)(A), a contribution in an amount
equal to 90 percent of the Federal share of the Federal
estimate of the cost of repairing, restoring, reconstructing,
or replacing the facility and of management expenses.
‘‘(C) USE OF FUNDS.—Funds contributed to a State
or local government under this paragraph may be used—

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PUBLIC LAW 106–390—OCT. 30, 2000
‘‘(i) to repair, restore, or expand other selected
public facilities;
‘‘(ii) to construct new facilities; or
‘‘(iii) to fund hazard mitigation measures that the
State or local government determines to be necessary
to meet a need for governmental services and functions
in the area affected by the major disaster.
‘‘(D) LIMITATIONS.—Funds made available to a State
or local government under this paragraph may not be used
for—
‘‘(i) any public facility located in a regulatory
floodway (as defined in section 59.1 of title 44, Code
of Federal Regulations (or a successor regulation)); or
‘‘(ii) any uninsured public facility located in a special flood hazard area identified by the Director of
the Federal Emergency Management Agency under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.).
‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.—
‘‘(A) IN GENERAL.—In any case in which a person that
owns or operates a private nonprofit facility determines
that the public welfare would not best be served by
repairing, restoring, reconstructing, or replacing the
facility, the person may elect to receive, in lieu of a contribution under subsection (a)(1)(B), a contribution in an
amount equal to 75 percent of the Federal share of the
Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management
expenses.
‘‘(B) USE OF FUNDS.—Funds contributed to a person
under this paragraph may be used—
‘‘(i) to repair, restore, or expand other selected
private nonprofit facilities owned or operated by the
person;
‘‘(ii) to construct new private nonprofit facilities
to be owned or operated by the person; or
‘‘(iii) to fund hazard mitigation measures that the
person determines to be necessary to meet a need
for the person’s services and functions in the area
affected by the major disaster.
‘‘(C) LIMITATIONS.—Funds made available to a person
under this paragraph may not be used for—
‘‘(i) any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44,
Code of Federal Regulations (or a successor regulation)); or
‘‘(ii) any uninsured private nonprofit facility
located in a special flood hazard area identified by
the Director of the Federal Emergency Management
Agency under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.).’’.
(d) ELIGIBLE COST.—
(1) IN GENERAL.—Section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)
is amended by striking subsection (e) and inserting the following:
‘‘(e) ELIGIBLE COST.—

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‘‘(1) DETERMINATION.—
‘‘(A) IN GENERAL.—For the purposes of this section,
the President shall estimate the eligible cost of repairing,
restoring, reconstructing, or replacing a public facility or
private nonprofit facility—
‘‘(i) on the basis of the design of the facility as
the facility existed immediately before the major disaster; and
‘‘(ii) in conformity with codes, specifications, and
standards (including floodplain management and
hazard mitigation criteria required by the President
or under the Coastal Barrier Resources Act (16 U.S.C.
3501 et seq.)) applicable at the time at which the
disaster occurred.
‘‘(B) COST ESTIMATION PROCEDURES.—
‘‘(i) IN GENERAL.—Subject to paragraph (2), the
President shall use the cost estimation procedures
established under paragraph (3) to determine the
eligible cost under this subsection.
‘‘(ii) APPLICABILITY.—The procedures specified in
this paragraph and paragraph (2) shall apply only
to projects the eligible cost of which is equal to or
greater than the amount specified in section 422.
‘‘(2) MODIFICATION OF ELIGIBLE COST.—
‘‘(A) ACTUAL COST GREATER THAN CEILING PERCENTAGE
OF ESTIMATED COST.—In any case in which the actual cost
of repairing, restoring, reconstructing, or replacing a facility
under this section is greater than the ceiling percentage
established under paragraph (3) of the cost estimated under
paragraph (1), the President may determine that the
eligible cost includes a portion of the actual cost of the
repair, restoration, reconstruction, or replacement that
exceeds the cost estimated under paragraph (1).
‘‘(B) ACTUAL COST LESS THAN ESTIMATED COST.—
‘‘(i) GREATER THAN OR EQUAL TO FLOOR PERCENTAGE OF ESTIMATED COST.—In any case in which the
actual cost of repairing, restoring, reconstructing, or
replacing a facility under this section is less than 100
percent of the cost estimated under paragraph (1),
but is greater than or equal to the floor percentage
established under paragraph (3) of the cost estimated
under paragraph (1), the State or local government
or person receiving funds under this section shall use
the excess funds to carry out cost-effective activities
that reduce the risk of future damage, hardship, or
suffering from a major disaster.
‘‘(ii) LESS THAN FLOOR PERCENTAGE OF ESTIMATED
COST.—In any case in which the actual cost of
repairing, restoring, reconstructing, or replacing a
facility under this section is less than the floor percentage established under paragraph (3) of the cost estimated under paragraph (1), the State or local government or person receiving assistance under this section
shall reimburse the President in the amount of the
difference.
‘‘(C) NO EFFECT ON APPEALS PROCESS.—Nothing in this
paragraph affects any right of appeal under section 423.

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President.

Deadline.

Deadline.

42 USC 5172
note.

PUBLIC LAW 106–390—OCT. 30, 2000

‘‘(3) EXPERT PANEL.—
‘‘(A) ESTABLISHMENT.—Not later than 18 months after
the date of the enactment of this paragraph, the President,
acting through the Director of the Federal Emergency
Management Agency, shall establish an expert panel, which
shall include representatives from the construction industry
and State and local government.
‘‘(B) DUTIES.—The expert panel shall develop recommendations concerning—
‘‘(i) procedures for estimating the cost of repairing,
restoring, reconstructing, or replacing a facility consistent with industry practices; and
‘‘(ii) the ceiling and floor percentages referred to
in paragraph (2).
‘‘(C) REGULATIONS.—Taking into account the recommendations of the expert panel under subparagraph
(B), the President shall promulgate regulations that
establish—
‘‘(i) cost estimation procedures described in
subparagraph (B)(i); and
‘‘(ii) the ceiling and floor percentages referred to
in paragraph (2).
‘‘(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) 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 paragraph (3) of that section take effect.
(e) CONFORMING AMENDMENT.—Section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172) is amended by striking subsection (f ).
SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

(a) IN GENERAL.—Section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended
to read as follows:

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‘‘SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

‘‘(a) IN GENERAL.—
‘‘(1) PROVISION OF ASSISTANCE.—In accordance with this
section, the President, in consultation with the Governor of
a State, may provide financial assistance, and, if necessary,
direct services, to individuals and households in the State who,
as a direct result of a major disaster, have necessary expenses
and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other
means.
‘‘(2) RELATIONSHIP TO OTHER ASSISTANCE.—Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) solely
on the basis that the individual or household has not applied
for or received any loan or other financial assistance from
the Small Business Administration or any other Federal agency.
‘‘(b) HOUSING ASSISTANCE.—
‘‘(1) ELIGIBILITY.—The President may provide financial or
other assistance under this section to individuals and households to respond to the disaster-related housing needs of
individuals and households who are displaced from their
predisaster primary residences or whose predisaster primary
residences are rendered uninhabitable as a result of damage
caused by a major disaster.
‘‘(2) DETERMINATION OF APPROPRIATE TYPES OF ASSISTANCE.—
‘‘(A) IN GENERAL.—The President shall determine
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

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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 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 CHARGES.—After the
end of the 18-month period referred to in clause (ii),
the President may charge fair market rent for each
temporary housing unit provided.
‘‘(2) REPAIRS.—
‘‘(A) IN GENERAL.—The President may provide financial
assistance for—
‘‘(i) the repair of owner-occupied private residences,
utilities, and residential infrastructure (such as a private access route) damaged by a major disaster to
a safe and sanitary living or functioning condition;
and
‘‘(ii) eligible hazard mitigation measures that
reduce the likelihood of future damage to such residences, utilities, or infrastructure.
‘‘(B) RELATIONSHIP TO OTHER ASSISTANCE.—A recipient
of assistance provided under this paragraph shall not be
required to show that the assistance can be met through
other means, except insurance proceeds.
‘‘(C) MAXIMUM AMOUNT OF ASSISTANCE.—The amount
of assistance provided to a household under this paragraph
shall not exceed $5,000, as adjusted annually to reflect
changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
‘‘(3) REPLACEMENT.—
‘‘(A) IN GENERAL.—The President may provide financial
assistance for the replacement of owner-occupied private
residences damaged by a major disaster.
‘‘(B) MAXIMUM AMOUNT OF ASSISTANCE.—The amount
of assistance provided to a household under this paragraph
shall not exceed $10,000, as adjusted annually to reflect
changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
‘‘(C) APPLICABILITY OF FLOOD INSURANCE REQUIREMENT.—With respect to assistance provided under this
paragraph, the President may not waive any provision
of Federal law requiring the purchase of flood insurance
as a condition of the receipt of Federal disaster assistance.
‘‘(4) PERMANENT HOUSING CONSTRUCTION.—The President
may provide financial assistance or direct assistance to individuals or households to construct permanent housing in insular
areas outside the continental United States and in other remote
locations in cases in which—
‘‘(A) no alternative housing resources are available;
and

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‘‘(B) the types of temporary housing assistance
described in paragraph (1) are unavailable, infeasible, or
not cost-effective.
‘‘(d) TERMS AND CONDITIONS RELATING TO HOUSING ASSISTANCE.—
‘‘(1) SITES.—
‘‘(A) IN GENERAL.—Any readily fabricated dwelling provided under this section shall, whenever practicable, be
located on a site that—
‘‘(i) is complete with utilities; and
‘‘(ii) is provided by the State or local government,
by the owner of the site, or by the occupant who
was displaced by the major disaster.
‘‘(B) SITES PROVIDED BY THE PRESIDENT.—A readily
fabricated dwelling may be located on a site provided by
the President if the President determines that such a site
would be more economical or accessible.
‘‘(2) DISPOSAL OF UNITS.—
‘‘(A) SALE TO OCCUPANTS.—
‘‘(i) IN GENERAL.—Notwithstanding any other
provision of law, a temporary housing unit purchased
under this section by the President for the purpose
of housing disaster victims may be sold directly to
the individual or household who is occupying the unit
if the individual or household lacks permanent housing.
‘‘(ii) SALE PRICE.—A sale of a temporary housing
unit under clause (i) shall be at a price that is fair
and equitable.
‘‘(iii) DEPOSIT OF PROCEEDS.—Notwithstanding any
other provision of law, the proceeds of a sale under
clause (i) shall be deposited in the appropriate Disaster
Relief Fund account.
‘‘(iv) HAZARD AND FLOOD INSURANCE.—A sale of
a temporary housing unit under clause (i) shall be
made on the condition that the individual or household
purchasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit.
‘‘(v) USE OF GSA SERVICES.—The President may
use the services of the General Services Administration
to accomplish a sale under clause (i).
‘‘(B) OTHER METHODS OF DISPOSAL.—If not disposed
of under subparagraph (A), a temporary housing unit purchased under this section by the President for the purpose
of housing disaster victims—
‘‘(i) may be sold to any person; or
‘‘(ii) may be sold, transferred, donated, or otherwise
made available directly to a State or other governmental entity or to a voluntary organization for the
sole purpose of providing temporary housing to disaster
victims in major disasters and emergencies if, as a
condition of the sale, transfer, or donation, the State,
other governmental agency, or voluntary organization
agrees—
‘‘(I) to comply with the nondiscrimination
provisions of section 308; and
‘‘(II) to obtain and maintain hazard and flood
insurance on the housing unit.

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‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—
‘‘(1) MEDICAL, DENTAL, AND FUNERAL EXPENSES.—The President, in consultation with the Governor of a State, may provide
financial assistance under this section to an individual or household in the State who is adversely affected by a major disaster
to meet disaster-related medical, dental, and funeral expenses.
‘‘(2) PERSONAL PROPERTY, TRANSPORTATION, AND OTHER
EXPENSES.—The President, in consultation with the Governor
of a State, may provide financial assistance under this section
to an individual or household described in paragraph (1) to
address personal property, transportation, and other necessary
expenses or serious needs resulting from the major disaster.
‘‘(f ) STATE ROLE.—
‘‘(1) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—
‘‘(A) GRANT TO STATE.—Subject to subsection (g), a
Governor may request a grant from the President to provide
financial assistance to individuals and households in the
State under subsection (e).
‘‘(B) ADMINISTRATIVE COSTS.—A State that receives a
grant under subparagraph (A) may expend not more than
5 percent of the amount of the grant for the administrative
costs of providing financial assistance to individuals and
households in the State under subsection (e).
‘‘(2) ACCESS TO RECORDS.—In providing assistance to
individuals and households under this section, the President
shall provide for the substantial and ongoing involvement of
the States in which the individuals and households are located,
including by providing to the States access to the electronic
records of individuals and households receiving assistance
under this section in order for the States to make available
any additional State and local assistance to the individuals
and households.
‘‘(g) COST SHARING.—
‘‘(1) FEDERAL SHARE.—Except as provided in paragraph
(2), the Federal share of the costs eligible to be paid using
assistance provided under this section shall be 100 percent.
‘‘(2) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—
In the case of financial assistance provided under subsection
(e)—
‘‘(A) the Federal share shall be 75 percent; and
‘‘(B) the non-Federal share shall be paid from funds
made available by the State.
‘‘(h) MAXIMUM AMOUNT OF ASSISTANCE.—
‘‘(1) IN GENERAL.—No individual or household shall receive
financial assistance greater than $25,000 under this section
with respect to a single major disaster.
‘‘(2) ADJUSTMENT OF LIMIT.—The limit established under
paragraph (1) shall be adjusted annually to reflect changes
in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
‘‘(i) RULES AND REGULATIONS.—The President shall prescribe
rules and regulations to carry out this section, including criteria,
standards, and procedures for determining eligibility for assistance.’’.
(b) CONFORMING AMENDMENT.—Section 502(a)(6) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5192(a)(6)) is amended by striking ‘‘temporary housing’’.

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(c) ELIMINATION
GRAMS.—Section 411

OF INDIVIDUAL AND FAMILY GRANT PROof 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
take effect 18 months after the date of the enactment of this
Act.

42 USC 5174
note.

SEC. 207. COMMUNITY DISASTER LOANS.

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

42 USC 5121
note.

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).

Deadline.

SEC. 209. STUDY REGARDING COST REDUCTION.

42 USC 5121
note.
Deadline.

Not later than 3 years after the date of the enactment of
this Act, the Director of the Congressional Budget Office shall
complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment
of this Act.

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114 STAT. 1572

PUBLIC LAW 106–390—OCT. 30, 2000

TITLE III—MISCELLANEOUS
SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

The first section of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 note) is amended to
read as follows:
‘‘SECTION 1. SHORT TITLE.

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

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

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

President.

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‘‘(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.

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PUBLIC LAW 106–390—OCT. 30, 2000

114 STAT. 1573

‘‘(d) RULES AND REGULATIONS.—The President shall prescribe
such rules and regulations as are necessary to carry out this section.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
takes effect 1 year after the date of the enactment of this Act.

President.

SEC. 304. DISASTER GRANT CLOSEOUT PROCEDURES.

42 USC 5205.

42 USC 5187
note.

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—

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114 STAT. 1574

42 USC 3796b
note.

42 USC 5206.

Deadline.

PUBLIC LAW 106–390—OCT. 30, 2000

‘‘(A) an individual serving a public agency in an official
capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a member of a rescue
squad or ambulance crew;
‘‘(B) an employee of the Federal Emergency Management Agency who is performing official duties of the Agency
in an area, if those official duties—
‘‘(i) are related to a major disaster or emergency
that has been, or is later, declared to exist with respect
to the area under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
and
‘‘(ii) are determined by the Director of the Federal
Emergency Management Agency to be hazardous
duties; or
‘‘(C) an employee of a State, local, or tribal emergency
management or civil defense agency who is performing
official duties in cooperation with the Federal Emergency
Management Agency in an area, if those official duties—
‘‘(i) are related to a major disaster or emergency
that has been, or is later, declared to exist with respect
to the area under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
and
‘‘(ii) are determined by the head of the agency
to be hazardous duties.’’.
(b) 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. 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

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PUBLIC LAW 106–390—OCT. 30, 2000

114 STAT. 1575

Protection Act of 1973 (42 U.S.C. 4002 et seq.), or any other provision of law, or any flood risk zone identified, delineated, or established under any such law (by flood insurance rate map or otherwise), the real property described in subsection (b) shall not be
considered to be, or to have been, located in any area having
special flood hazards (including any floodway or floodplain).
(b) REAL PROPERTY.—The real property described in this subsection is all land and improvements on the land located in the
Maple Terrace Subdivisions in the City of Sycamore, DeKalb
County, Illinois, including—
(1) Maple Terrace Phase I;
(2) Maple Terrace Phase II;
(3) Maple Terrace Phase III Unit 1;
(4) Maple Terrace Phase III Unit 2;
(5) Maple Terrace Phase III Unit 3;
(6) Maple Terrace Phase IV Unit 1;
(7) Maple Terrace Phase IV Unit 2; and
(8) Maple Terrace Phase IV Unit 3.
(c) REVISION OF FLOOD INSURANCE RATE LOT MAPS.—As soon
as practicable after the date of the enactment of this Act, the
Director of the Federal Emergency Management Agency shall revise
the appropriate flood insurance rate lot maps of the agency to
reflect the treatment under subsection (a) of the real property
described in subsection (b).
SEC. 308. STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY
MANAGEMENT.

(a) DEFINITION OF INDIAN TRIBE.—In this section, the term
‘‘Indian tribe’’ has the meaning given the term in section 4 of
the Indian Self-Determination and 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

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42 USC 5121
note.

Deadline.

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114 STAT. 1576

PUBLIC LAW 106–390—OCT. 30, 2000
(4) the Committee on Appropriations of the House of Representatives.

Approved October 30, 2000.

LEGISLATIVE HISTORY—H.R. 707 (S. 1691):
HOUSE REPORTS: No. 106–40 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 106–295 accompanying S. 1691 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD:
Vol. 145 (1999): Mar. 4, considered and passed House.
Vol. 146 (2000): July 19, considered and passed Senate, amended.
Oct. 3, House concurred in Senate amendment with an
amendment.
Oct. 5, Senate concurred in House amendment with an
amendment.
Oct. 10, House concurred in Senate amendment.

Æ

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