[Congressional Record Volume 146, Number 121 (Tuesday, October 3, 2000)]
[House]
[Pages H8663-H8673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    PROVIDING FOR CONCURRENCE BY HOUSE WITH AN AMENDMENT IN SENATE 
        AMENDMENTS TO H.R. 707, DISASTER MITIGATION ACT OF 2000

  Mrs. FOWLER. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 607) providing for the concurrence by the House 
with an amendment in the Senate amendments to H.R. 707.
  The Clerk read as follows:

                              H. Res. 607

       Resolved, That upon the adoption of this resolution the 
     House shall be considered to have taken from the Speaker's 
     table the bill H.R. 707, with the amendment of the Senate 
     thereto, and to have concurred in the amendment of the Senate 
     to the text with the following amendment:
       In lieu of the matter proposed to be inserted by the 
     amendment of the Senate, insert the following:

     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

Sec. 101. Findings and purpose.
Sec. 102. Predisaster hazard mitigation.
Sec. 103. Interagency task force.
Sec. 104. Mitigation planning; minimum standards for public and private 
              structures.

               TITLE II--STREAMLINING AND COST REDUCTION

Sec. 201. Technical amendments.
Sec. 202. Management costs.
Sec. 203. Public notice, comment, and consultation requirements.
Sec. 204. State administration of hazard mitigation grant program.
Sec. 205. Assistance to repair, restore, reconstruct, or replace 
              damaged facilities.
Sec. 206. Federal assistance to individuals and households.
Sec. 207. Community disaster loans.
Sec. 208. Report on State management of small disasters initiative.
Sec. 209. Study regarding cost reduction.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Fire management assistance.
Sec. 304. President's Council on Domestic Terrorism Preparedness.
Sec. 305. Disaster grant closeout procedures.
Sec. 306. Public safety officer benefits for certain Federal and State 
              employees.
Sec. 307. Buy American.
Sec. 308. Treatment of certain real property.
Sec. 309. Study of participation by Indian tribes in emergency 
              management.

                 TITLE I--PREDISASTER HAZARD MITIGATION

     SEC. 101. 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--

[[Page H8664]]

       (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 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 5 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
       ``(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.
       ``(2) Small impoverished communities.--Notwithstanding 
     paragraph (1), the President may contribute up to 90 percent 
     of the total cost of a mitigation activity carried out in a 
     small impoverished community.
       ``(i) National Predisaster Mitigation Fund.--
       ``(1) Establishment.--The President may establish in the 
     Treasury of the United States a fund to be known as the 
     `National Predisaster Mitigation Fund', to be used in 
     carrying out this section.
       ``(2) Transfers to fund.--There shall be deposited in the 
     Fund--
       ``(A) amounts appropriated to carry out this section, which 
     shall remain available until expended; and
       ``(B) sums available from gifts, bequests, or donations of 
     services or property received by the President for the 
     purpose of predisaster hazard mitigation.
       ``(3) Expenditures from fund.--Upon request by the 
     President, the Secretary of the Treasury shall transfer from 
     the Fund to the President such amounts as the President 
     determines are necessary to provide technical and financial 
     assistance under this section.
       ``(4) Investment of amounts.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest such portion of the Fund as is not, in the judgment of 
     the Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       ``(B) Acquisition of obligations.--For the purpose of 
     investments under subparagraph (A), obligations may be 
     acquired--
       ``(i) on original issue at the issue price; or
       ``(ii) by purchase of outstanding obligations at the market 
     price.
       ``(C) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       ``(D) Credits to fund.--The interest on, and the 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 5 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

[[Page H8665]]

     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 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:

     ``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.

       ``(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. 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--
       ``(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 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. 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 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 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. 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 
     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.
       ``(2) Application.--Any policy adopted under paragraph (1) 
     shall apply only to a

[[Page H8666]]

     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:
       ``(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 
     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;
       ``(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 1 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--
       ``(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

[[Page H8667]]

     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.
       ``(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 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 enactment of this Act and applies 
     to funds appropriated after the date of 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:

     ``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 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), 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.

[[Page H8668]]

       ``(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
       ``(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.
       ``(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''.
       (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.
       (d) Effective Date.--The amendments made by this section 
     take effect 18 months after the date of 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. REPORT ON STATE MANAGEMENT OF SMALL DISASTERS 
                   INITIATIVE.

       Not later than 3 years after the date of 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. STUDY REGARDING COST REDUCTION.

       Not later than 3 years after the date of 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.

                        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'.''.

[[Page H8669]]

     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) Effective Date.--The amendment made by subsection (a) 
     takes effect 1 year after the date of enactment of this Act.

     SEC. 304. PRESIDENT'S COUNCIL ON DOMESTIC TERRORISM 
                   PREPAREDNESS.

       Title VI of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195 et seq.) is amended 
     by adding at the end the following:

  ``Subtitle C--President's Council on Domestic Terrorism Preparedness

     ``SEC. 651. ESTABLISHMENT OF COUNCIL.

       ``(a) In General.--There is established a council to be 
     known as the President's Council on Domestic Terrorism 
     Preparedness (in this subtitle referred to as the `Council').
       ``(b) Membership.--The Council shall be composed of the 
     following members:
       ``(1) The President.
       ``(2) The Director of the Federal Emergency Management 
     Agency.
       ``(3) The Attorney General.
       ``(4) The Secretary of Defense.
       ``(5) The Director of the Office of Management and Budget.
       ``(6) The Assistant to the President for National Security 
     Affairs.
       ``(7) Any additional members appointed by the President.
       ``(c) Chairman.--
       ``(1) In general.--The President shall serve as the 
     chairman of the Council.
       ``(2) Executive chairman.--The President may appoint an 
     Executive Chairman of the Council (in this subtitle referred 
     to as the `Executive Chairman'). The Executive Chairman shall 
     represent the President as chairman of the Council, including 
     in communications with Congress and State Governors.
       ``(3) Senate confirmation.--An individual selected to be 
     the Executive Chairman under paragraph (2) shall be appointed 
     by and with the advice and consent of the Senate, except that 
     Senate confirmation shall not be required if, on the date of 
     appointment, the individual holds a position for which Senate 
     confirmation was required.
       ``(d) First Meeting.--The first meeting of the Council 
     shall be held not later than 90 days after the date of the 
     enactment of this Act.

     ``SEC. 652. DUTIES OF COUNCIL.

       ``The Council shall carry out the following duties:
       ``(1) Establish the policies, objectives, and priorities of 
     the Federal Government for enhancing the capabilities of 
     State and local emergency preparedness and response personnel 
     in early detection and warning of and response to all 
     domestic terrorist attacks, including attacks involving 
     weapons of mass destruction.
       ``(2) Publish a Domestic Terrorism Preparedness Plan and an 
     annual strategy for carrying out the plan in accordance with 
     section 653, including the end state of preparedness for 
     emergency responders established under section 653(b)(1)(D).
       ``(3) To the extent practicable, rely on existing resources 
     (including planning documents, equipment lists, and program 
     inventories) in the execution of its duties.
       ``(4) Consult with and utilize existing interagency boards 
     and committees, existing governmental entities, and non-
     governmental organizations in the execution of its duties.
       ``(5) Ensure that a biennial review of the terrorist attack 
     preparedness programs of State and local governmental 
     entities is conducted and provide recommendations to the 
     entities based on the reviews.
       ``(6) Provide for the creation of a State and local 
     advisory group for the Council, to be composed of individuals 
     involved in State and local emergency preparedness and 
     response to terrorist attacks.
       ``(7) Provide for the establishment by the Council's State 
     and local advisory group of voluntary guidelines for the 
     terrorist attack preparedness programs of State and local 
     governmental entities in accordance with section 655.
       ``(8) Designate a Federal entity to consult with, and serve 
     as a contact for, State and local governmental entities 
     implementing terrorist attack preparedness programs.
       ``(9) Coordinate and oversee the implementation by Federal 
     departments and agencies of the policies, objectives, and 
     priorities established under paragraph (1) and the 
     fulfillment of the responsibilities of such departments and 
     agencies under the Domestic Terrorism Preparedness Plan.
       ``(10) Make recommendations to the heads of appropriate 
     Federal departments and agencies regarding--
       ``(A) changes in the organization, management, and resource 
     allocations of the departments and agencies; and
       ``(B) the allocation of personnel to and within the 
     departments and agencies,
     to implement the Domestic Terrorism Preparedness Plan.
       ``(11) Assess all Federal terrorism preparedness programs 
     and ensure that each program complies with the Domestic 
     Terrorism Preparedness Plan.
       ``(12) Identify duplication, fragmentation, and overlap 
     within Federal terrorism preparedness programs and eliminate 
     such duplication, fragmentation and overlap.
       ``(13) Evaluate Federal emergency response assets and make 
     recommendations regarding the organization, need, and 
     geographic location of such assets.
       ``(14) Establish general policies regarding financial 
     assistance to States based on potential risk and threat, 
     response capabilities, and ability to achieve the end state 
     of preparedness for emergency responders established under 
     section 653(b)(1)(D).
       ``(15) Notify a Federal department or agency in writing if 
     the Council finds that its policies are not in compliance 
     with its responsibilities under the Domestic Terrorism 
     Preparedness Plan.

     ``SEC. 653. DOMESTIC TERRORISM PREPAREDNESS PLAN AND ANNUAL 
                   STRATEGY.

       ``(a) Development of Plan.--Not later than 180 days after 
     the date of the first meeting of the Council, the Council 
     shall develop a Domestic Terrorism Preparedness Plan and 
     transmit a copy of the plan to Congress.
       ``(b) Contents.--
       ``(1) In general.--The Domestic Terrorism Preparedness Plan 
     shall include the following:
       ``(A) A statement of the policies, objectives, and 
     priorities established by the Council under section 652(1).
       ``(B) A plan for implementing such policies, objectives, 
     and priorities that is based on a threat, risk, and 
     capability assessment and includes measurable objectives to 
     be achieved in each of the following 5 years for enhancing 
     domestic preparedness against a terrorist attack.
       ``(C) A description of the specific role of each Federal 
     department and agency, and the roles of State and local 
     governmental entities, under the plan developed under 
     subparagraph (B).
       ``(D) A definition of an end state of preparedness for 
     emergency responders that sets forth measurable, minimum 
     standards of acceptability for preparedness.
       ``(2) Evaluation of federal response teams.--In preparing 
     the description under paragraph (1)(C), the Council shall 
     evaluate each Federal response team and the assistance that 
     the team offers to State and local emergency personnel when 
     responding to a terrorist attack. The evaluation shall 
     include an assessment of how the Federal response team will 
     assist State and local emergency personnel after the 
     personnel has achieved the end state of preparedness for 
     emergency responders established under paragraph (1)(D).
       ``(c) Annual Strategy.--
       ``(1) In general.--The Council shall develop and transmit 
     to Congress, on the date of transmittal of the Domestic 
     Terrorism Preparedness Plan and, in each of the succeeding 4 
     fiscal years, on the date that the President submits an 
     annual budget to Congress in accordance with section 1105(a) 
     of title 31, United States Code, an annual strategy for 
     carrying out the Domestic Terrorism Preparedness Plan in the 
     fiscal year following the fiscal year in which the strategy 
     is submitted.
       ``(2) Contents.--The annual strategy for a fiscal year 
     shall include the following:
       ``(A) An inventory of Federal training and exercise 
     programs, response teams, grant programs, and other programs 
     and activities related to domestic preparedness against a 
     terrorist attack conducted in the preceding fiscal year and a 
     determination as to whether any of such programs or 
     activities may be duplicative. The inventory shall consist of 
     a complete description of each such program

[[Page H8670]]

     and activity, including the funding level and purpose of and 
     goal to be achieved by the program or activity.
       ``(B) If the Council determines under subparagraph (A) that 
     certain programs and activities are duplicative, a detailed 
     plan for consolidating, eliminating, or modifying the 
     programs and activities.
       ``(C) An inventory of Federal training and exercise 
     programs, grant programs, response teams, and other programs 
     and activities to be conducted in such fiscal year under the 
     Domestic Terrorism Preparedness Plan and measurable 
     objectives to be achieved in such fiscal year for enhancing 
     domestic preparedness against a terrorist attack. The 
     inventory shall provide for implementation of any plan 
     developed under subparagraph (B), relating to duplicative 
     programs and activities.
       ``(D) A complete assessment of how resource allocation 
     recommendations developed under section 654(a) are intended 
     to implement the annual strategy.
       ``(d) Consultation.--
       ``(1) In general.--In developing the Domestic Terrorism 
     Preparedness Plan and each annual strategy for carrying out 
     the plan, the Council shall consult with--
       ``(A) the head of each Federal department and agency that 
     will have responsibilities under the Domestic Terrorism 
     Preparedness Plan or annual strategy;
       ``(B) Congress;
       ``(C) State and local officials;
       ``(D) congressionally authorized panels; and
       ``(E) emergency preparedness organizations with memberships 
     that include State and local emergency responders.
       ``(2) Reports.--As part of the Domestic Terrorism 
     Preparedness Plan and each annual strategy for carrying out 
     the plan, the Council shall include a written statement 
     indicating the persons consulted under this subsection and 
     the recommendations made by such persons.
       ``(e) Transmission of Classified Information.--Any part of 
     the Domestic Terrorism Preparedness Plan or an annual 
     strategy for carrying out the plan that involves information 
     properly classified under criteria established by an 
     Executive order shall be presented to Congress separately.
       ``(f) Risk of Terrorist Attacks Against Transportation 
     Facilities.--
       ``(1) In general.--In developing the plan and risk 
     assessment under subsection (b), the Council shall designate 
     an entity to assess the risk of terrorist attacks against 
     transportation facilities, personnel, and passengers.
       ``(2) Contents.--In developing the plan and risk assessment 
     under subsection (b), the Council shall ensure that the 
     following three tasks are accomplished:
       ``(A) An examination of the extent to which transportation 
     facilities, personnel, and passengers have been the target of 
     terrorist attacks and the extent to which such facilities, 
     personnel, and passengers are vulnerable to such attacks.
       ``(B) An evaluation of Federal laws that can be used to 
     combat terrorist attacks against transportation facilities, 
     personnel, and passengers, and the extent to which such laws 
     are enforced. The evaluation may also include a review of 
     applicable State laws.
       ``(C) An evaluation of available technologies and practices 
     to determine the best means of protecting transportation 
     facilities, personnel, and passengers against terrorist 
     attacks.
       ``(3) Consultation.--In developing the plan and risk 
     assessment under subsection (b), the Council shall consult 
     with the Secretary of Transportation, representatives of 
     persons providing transportation, and representatives of 
     employees of such persons.
       ``(g) Monitoring.--The Council, with the assistance of the 
     Inspector General of the relevant Federal department or 
     agency as needed, shall monitor the implementation of the 
     Domestic Terrorism Preparedness Plan, including conducting 
     program and performance audits and evaluations.

     ``SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.

       ``(a) Recommendations Regarding Resource Allocations.--
       ``(1) Transmittal to council.--Each Federal Government 
     program manager, agency head, and department head with 
     responsibilities under the Domestic Terrorism Preparedness 
     Plan shall transmit to the Council for each fiscal year 
     recommended resource allocations for programs and activities 
     relating to such responsibilities on or before the earlier 
     of--
       ``(A) the 45th day before the date of the budget submission 
     of the department or agency to the Director of the Office of 
     Management and Budget for the fiscal year; or
       ``(B) August 15 of the fiscal year preceding the fiscal 
     year for which the recommendations are being made.
       ``(2) Transmittal to the office of management and budget.--
     The Council shall develop for each fiscal year 
     recommendations regarding resource allocations for each 
     program and activity identified in the annual strategy 
     completed under section 653 for the fiscal year. Such 
     recommendations shall be submitted to the relevant 
     departments and agencies and to the Director of the Office of 
     Management and Budget. The Director of the Office of 
     Management and Budget shall consider such recommendations in 
     formulating the annual budget of the President submitted to 
     Congress under section 1105(a) of title 31, United States 
     Code, and shall provide to the Council a written explanation 
     in any case in which the Director does not accept such a 
     recommendation.
       ``(3) Records.--The Council shall maintain records 
     regarding recommendations made and written explanations 
     received under paragraph (2) and shall provide such records 
     to Congress upon request. The Council may not fulfill such a 
     request before the date of submission of the relevant annual 
     budget of the President to Congress under section 1105(a) of 
     title 31, United States Code.
       ``(4) New programs or reallocation of resources.--The head 
     of a Federal department or agency shall consult with the 
     Council before acting to enhance the capabilities of State 
     and local emergency preparedness and response personnel with 
     respect to terrorist attacks by--
       ``(A) establishing a new program or office; or
       ``(B) reallocating resources, including Federal response 
     teams.

     ``SEC. 655. VOLUNTARY GUIDELINES FOR STATE AND LOCAL 
                   PROGRAMS.

       ``The Council shall provide for the establishment of 
     voluntary guidelines for the terrorist attack preparedness 
     programs of State and local governmental entities for the 
     purpose of providing guidance in the development and 
     implementation of such programs. The guidelines shall address 
     equipment, exercises, and training and shall establish a 
     desired threshold level of preparedness for State and local 
     emergency responders.

     ``SEC. 656. POWERS OF COUNCIL.

       ``In carrying out this subtitle, the Council may--
       ``(1) direct, with the concurrence of the Secretary of a 
     department or head of an agency, the temporary reassignment 
     within the Federal Government of personnel employed by such 
     department or agency;
       ``(2) use for administrative purposes, on a reimbursable 
     basis, the available services, equipment, personnel, and 
     facilities of Federal, State, and local agencies;
       ``(3) procure the services of experts and consultants in 
     accordance with section 3109 of title 5, United States Code, 
     relating to appointments in the Federal Service, at rates of 
     compensation for individuals not to exceed the daily 
     equivalent of the rate of pay payable for GS-18 of the 
     General Schedule under section 5332 of title 5, United States 
     Code;
       ``(4) accept and use donations of property from Federal, 
     State, and local government agencies;
       ``(5) use the mails in the same manner as any other 
     department or agency of the executive branch; and
       ``(6) request the assistance of the Inspector General of a 
     Federal department or agency in conducting audits and 
     evaluations under section 653(g).

     ``SEC. 657. ROLE OF COUNCIL IN NATIONAL SECURITY COUNCIL 
                   EFFORTS.

       ``The Council may, in the Council's role as principal 
     adviser to the National Security Council on Federal efforts 
     to assist State and local governmental entities in domestic 
     terrorist attack preparedness matters, and subject to the 
     direction of the President, attend and participate in 
     meetings of the National Security Council. The Council may, 
     subject to the direction of the President, participate in the 
     National Security Council's working group structure.

     ``SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF COUNCIL.

       ``(a) Executive Director.--The Council shall have an 
     Executive Director who shall be appointed by the President.
       ``(b) Staff.--The Executive Director may appoint such 
     personnel as the Executive Director considers appropriate. 
     Such personnel shall be assigned to the Council on a full-
     time basis and shall report to the Executive Director.
       ``(c) Administrative Support Services.--The Executive 
     Office of the President shall provide to the Council, on a 
     reimbursable basis, such administrative support services, 
     including office space, as the Council may request.

     ``SEC. 659. COORDINATION WITH EXECUTIVE BRANCH DEPARTMENTS 
                   AND AGENCIES.

       ``(a) Requests for Assistance.--The head of each Federal 
     department and agency with responsibilities under the 
     Domestic Terrorism Preparedness Plan shall cooperate with the 
     Council and, subject to laws governing disclosure of 
     information, provide such assistance, information, and advice 
     as the Council may request.
       ``(b) Certification of Policy Changes by Council.--
       ``(1) In general.--The head of each Federal department and 
     agency with responsibilities under the Domestic Terrorism 
     Preparedness Plan shall, unless exigent circumstances require 
     otherwise, notify the Council in writing regarding any 
     proposed change in policies relating to the activities of 
     such department or agency under the Domestic Terrorism 
     Preparedness Plan prior to implementation of such change. The 
     Council shall promptly review such proposed change and 
     certify to the department or agency head in writing whether 
     such change is consistent with the Domestic Terrorism 
     Preparedness Plan.
       ``(2) Notice in exigent circumstances.--If prior notice of 
     a proposed change under paragraph (1) is not possible, the 
     department or agency head shall notify the Council as soon as 
     practicable. The Council shall review such change and certify 
     to the department or

[[Page H8671]]

     agency head in writing whether such change is consistent with 
     the Domestic Terrorism Preparedness Plan.

     ``SEC. 660. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     subtitle $9,000,000 for fiscal year 2001 and such sums as may 
     be necessary for each of fiscal years 2002 through 2005. Such 
     sums shall remain available until expended.''.

     SEC. 305. DISASTER GRANT CLOSEOUT PROCEDURES.

       Title VII of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5101 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

       ``(a) Statute of Limitations.--
       ``(1) In general.--Except as provided in 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. 306. 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;
       ``(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 enactment of this Act.

     SEC. 307. BUY AMERICAN.

       (a) Compliance With Buy American Act.--No funds authorized 
     to be appropriated under this Act or any amendment made by 
     this Act may be expended by an 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. 308. TREATMENT OF CERTAIN REAL PROPERTY.

       (a) In General.--Notwithstanding the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood 
     Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), or 
     any other provision of law, or any flood risk zone 
     identified, delineated, or established under any such law (by 
     flood insurance rate map or otherwise), the real property 
     described in subsection (b) shall not be 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 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. 309. STUDY OF PARTICIPATION BY INDIAN TRIBES IN 
                   EMERGENCY MANAGEMENT.

       (a) Definition of Indian Tribe.--In this section, the term 
     ``Indian tribe'' has the meaning given the term in section 4 
     of the Indian Self-Determination and 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 
     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Mrs. Fowler) and the gentleman from Minnesota (Mr. Oberstar) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida (Mrs. Fowler).
  Mrs. FOWLER. Madam Speaker, I yield myself such time as I may 
consume.
  In 1998, the State of Florida endured one of the most tragic natural 
disasters, wildfires. Over 2,000 wildfires burned Statewide and every 
county in Florida felt the impact. When the smoke cleared, over half a 
million acres had been burned, numerous businesses were wiped out and 
over 300 homes were significantly damaged or completely destroyed.
  Three hundred homes. It is hard to imagine what that means unless one 
of those homes is yours. I would like to relate a story about one of my 
constituents who lived in one of those houses.
  Greg Westin is a resident of Flagler County and a deputy sheriff. In 
July of 1998, Deputy Westin left his home for work at 7 a.m. to help 
county officials and firefighters battle the ongoing fires. Throughout 
the day, Deputy Westin stayed in close contact with his wife and two 
children to give them updates on the fires. Then eventually he

[[Page H8672]]

had to tell his own family to evacuate. But despite his own home being 
in peril, Deputy Westin did not give up. He continued to fight the 
fires on the opposite side of the county. In fact, he was working side 
by side with firefighters in the southern part of Flagler County when 
his own home caught fire and burned to the ground.
  I applaud Deputy Westin's heroic dedication and efforts. But more 
than that, I want to help him and all of the other people who suffer 
the devastation of and who respond to these emergencies.
  This resolution will send to the other body a bill that could have 
spared the State, my district and people like Greg Westin from some of 
this devastation.
  The House originally passed H.R. 707 by an overwhelming vote on March 
5, 1999. The other body passed an amended version this past July. This 
resolution reflects provisions negotiated with the other body over the 
last few months.
  The resulting language addresses two separate needs: First, it 
increases spending authority for projects that help prevent damage from 
disasters, like elevating structures in the flood plain or conducting 
preventive burns in fire hazard areas so that we focus on protecting 
American lives and homes.
  Second, it adopts measures that would modify and streamline the 
current postdisaster assistance program so that we will reduce Federal 
disaster assistance costs without adversely affecting disaster victims.
  There is one section of this bill, section 304, that we did not have 
time to come to complete agreement on with the other body. This section 
establishes the President's Council on Domestic Terrorism Preparedness 
in the Executive Office of the President. This section is identical to 
section 9 of H.R. 4210 which passed the House by a unanimous vote on 
July 25, 2000.
  This is an important provision. We now live in a world where a small 
group of individuals can kill or injure hundreds, even thousands of 
people with such weapons as anthrax, nerve gas, or a truckload of 
readily available explosives. This section will coordinate the hundreds 
of terrorism preparedness programs currently run by over 40 agencies in 
the Federal Government.
  The council is not an operational entity. Rather, the council will 
set out and oversee the implementation of a coherent governmentwide 
policy. Last week, a congressionally commissioned bipartisan panel, the 
Advisory Panel to Assess Domestic Response Capabilities for Terrorism 
Involving Weapons of Mass Destruction, known as the Gilmore-Bremer 
Commission, unanimously recommended that a single White House level 
office be established to coordinate terrorism preparedness efforts. 
That is precisely what section 304 will do.
  I would like to thank the ranking member of the full committee the 
gentleman from Minnesota (Mr. Oberstar) for his continued counsel and 
support. He has really taken the time to listen to these issues, to 
learn the details when it was necessary and to really work with me on 
this very important, crucial issue to all Americans. I would also like 
to thank the chairman of the committee the gentleman from Pennsylvania 
(Mr. Shuster) for his advice and support. As the record shows, in the 
last 6 years the gentleman from Pennsylvania has been an 
extraordinarily effective and successful legislator. I thank him, also, 
for his support regarding this bill.
  This legislation will help alleviate the pain and suffering and 
property damage not only of Floridians but of all Americans. It also 
has the added benefit of reducing our Federal disaster costs. In 
addition, this resolution will make an important step toward organizing 
the Federal programs designed to prepare our emergency responders to 
face the consequences of terrorist attacks.
  Madam Speaker, I urge support for this resolution.
  Madam Speaker, I reserve the balance of my time.
  Mr. OBERSTAR. Madam Speaker, I yield myself such time as I may 
consume.
  I rise in support of H.R. 707, the Disaster Mitigation Act of 2000, 
the second time that we have had to take up this legislation in this 
body. This legislation represents tireless work on the part of the 
gentlewoman from Florida who has given exhausting hours of her time to 
fashion a bill that will be effective and that will respond to the 
concerns that she has already laid out so well, not only in Florida but 
elsewhere around this country. The cooperative work that she has 
undertaken with our ranking member, the gentleman from Ohio (Mr. 
Traficant), has been exemplary; and I appreciate the many visits that 
we have had about this and about the terrorism commission legislation 
which I will address in a moment.
  The benefits of the disaster mitigation bill are that first of all it 
establishes a predisaster mitigation program based on the very 
effective Project Impact initiative. This is the first time that we 
will be attempting at the Federal level to address problems before they 
occur. I think properly so, because if we address problems that we have 
learned cause increased losses, we can avoid those losses in future 
disasters that we know are likely to occur. These initiatives, rather 
modest in this bill, will translate into millions of dollars of 
savings.
  There is, however, one concern I have about the legislation, and, 
that is, both House and Senate bills require nonprofit entities to seek 
loans from the Small Business Administration as a precondition, a 
normal requirement of disaster legislation. But these nonprofits are 
singled out not for what they do but for who they are. They should not 
be discriminated against in this fashion. We ought to treat them as we 
do other entities. Certain facilities such as custodial care for aged 
or disabled, homeless shelters, senior citizens centers, community 
centers, museums, and libraries are less eligible for direct Federal 
assistance while private utilities and irrigation districts have a 
different standing. It is not a fatal flaw in the bill, not one that 
would cause me to oppose it but one that I hope can be revisited and 
substantially fixed in the future.
  The second portion that the gentlewoman has added to this legislation 
is the establishment of a President's Council on Domestic Terrorism and 
Preparedness within the Executive Office of the President. The 
gentlewoman has, as I said, again devoted tireless hours and very deep 
personal conviction, which I greatly respect and I want this body to 
understand and I want the other body to understand this as well. This 
is not something that she has undertaken as a gesture but as a matter 
of very deep conviction. I have been greatly persuaded by her activism, 
by her profound self-assurance based on case studies, careful analysis 
of the situation and the failure of the existing system to perform as 
we intended.
  I do support the initiative of the President's council. I have worked 
to mediate between the subcommittee and the Office of Management and 
Budget and White House staff. I think under the circumstances this is a 
sound, reasonable, responsible initiative. As the gentlewoman has said 
to me in years to come after she enters retirement, she does not want 
to look back on a tragedy and say, ``That could have been prevented. I 
could have done something while I was in Congress.'' She is doing 
something, Madam Speaker. She is doing something of great substance and 
of lasting value. I hope that the other body will concur in this 
initiative.
  Madam Speaker, I reserve the balance of my time.
  Mrs. FOWLER. Madam Speaker, I yield myself such time as I may 
consume, and I yield to the gentleman from Minnesota (Mr. Oberstar) for 
the purpose of a colloquy.
  Mr. OBERSTAR. Mr. Speaker, I thank the gentlewoman for yielding.
  The amendment adopted by this resolution would change the definition 
of ``private nonprofit facility'' and ``critical services'' regarding 
irrigation facilities. I would like the gentlewoman to explain the 
intention of these changes.
  Mrs. FOWLER. Reclaiming my time, the intention of the amendment is to 
eliminate confusion over the current law. Irrigation facilities should 
be eligible for Federal assistance to the extent that they provide 
water for essential services of a governmental nature to the general 
public. This is water for other than agriculture, such as fire 
suppression, generating and supplying electricity and drinking water 
supply.

[[Page H8673]]

  Facilities providing essential services such as these could be fully 
eligible for assistance. However, since facilities exclusively 
providing agricultural water supply are not eligible for assistance, 
where facilities provide both types of service, eligibility for 
assistance should be determined on a prorated basis. An irrigation 
facility, like all private nonprofit facilities eligible for 
assistance, should not be considered ineligible for assistance simply 
because it is located on private property.
  Mr. OBERSTAR. I thank the gentlewoman for her clarification and 
explanation.
  Mrs. FOWLER. Madam Speaker, I wish to extend my thanks to all the 
committee and subcommittee personnel on both the majority and minority 
side who have spent so much time and effort in working this resolution 
out.
  Madam Speaker, I include the following statement of Virginia 
Governor, James Gilmore, on behalf of the congressionally authorized 
bipartisan Advisory Panel to Assess Domestic Response Capabilities for 
Terrorism Involving Weapons of Mass Destruction for the Record:

  National Terrorism Panel Calls for White House Terrorism Management 
                                 Office


   Governor Gilmore Panel, call for ``sweeping changes'' to address 
                    national terrorism preparedness

       Richmond, Va.--Governor Jim Gilmore, chairman of a national 
     panel that is assessing U.S. preparedness for a terrorist 
     attack inside U.S. borders, today announced the panel's 
     consensus that a single federal entity within the White House 
     be given overall authority for the planning and coordination 
     of the nation's preparedness for the consequences of a 
     domestic terrorist strike.
       ``The issue of who-is-in-charge at the federal level is one 
     of the key questions that must be addressed in order to 
     develop a sensible, comprehensive national policy on how we 
     can best respond to, and recover from, a terrorist attack 
     inside our borders. Today, the panel agreed that at the 
     forefront of sweeping changes to the way America prevents as 
     well as deals with a terrorist attack on U.S. soil is the 
     establishment of a White House-level Office of Domestic 
     Preparedness for Terrorism Management,'' said Governor 
     Gilmore.
       Governor Gilmore is chairman of the commission known as the 
     Congressional Advisory Panel to Assess Domestic Response 
     Capabilities for Terrorism Involving Weapons of Mass 
     Destruction. The panel is in the process of recommending a 
     federal, state and local response and recovery strategy to be 
     submitted to the President and Congress in two final reports, 
     the first due December 15, 2000. The panel will offer its 
     final report in December 2001. A copy of the first report can 
     be found at www.rand.org/organization/nard/terrpanel.
       The panel began two days of meetings in Richmond today. 
     Governor Gilmore was appointed chairman in April 1999 of the 
     panel.
       As it did in the first report, the panel's December 2000 
     report is expected to further reiterate its call for a clear, 
     comprehensive national strategy, especially one that takes 
     into account the broad range of disaster-response experience 
     of state and local first-responders--fire, police, health and 
     medical, emergency managers.
       ``Integrating the nation's ability to effectively and 
     simultaneously conduct concurrent law enforcement and 
     consequence management operations is a key element of 
     national preparedness. Terrorism events require these two 
     distinct elements be integrated with multiple disciplines, 
     including the military, and levels of government into a 
     single response structure.''
       ``It is critical that we be able to `operate as one,' 
     within different levels of responsibility, ranging from the 
     emergency first-response community to elected officials, 
     whether at the local, state or federal levels,'' governor 
     Gilmore said, ``Currently, we do not have such a focused, 
     coordinated mechanism. Some federal agencies have good plans 
     and operational strategies, but there is little or no 
     strategic guidance because there is no one agency or entity 
     in charge. That needs to change, and quickly.''
       Members of the Panel include retired Lt. Gen. James 
     Clapper, Jr., former Director, Defense Intelligence Agency; 
     L. Paul Bremer III, former State Department ambassador-at-
     large for counter-terrorism; Dr. Richard Falkenrath, Harvard 
     University Kennedy School of Government; James Greenleaf, 
     former Assistant Director, FBI; retired Maj. Gen. William 
     Garrison, former commander, U.S. Army Special Operations; Dr. 
     Ken Shine, President, National Institute of Medicine; John O. 
     Marsh, former Secretary of the Army, and other state, local 
     and nationally recognized experts in emergency management, 
     law enforcement, fire and rescue operations, and public 
     health.
       Panel activities for 2000 will focus on a survey of local 
     and state emergency management and response officials; a 
     thorough review of federal programs; interviews with federal, 
     state, and local officials, including elected leaders, on 
     their concerns and recommendations; case studies, and an 
     analysis of training standards, equipment, notification 
     procedures, communications; and planning.
  Mrs. FOWLER. Madam Speaker, I yield back the balance of my time.
  Mr. OBERSTAR. Madam Speaker, I have no requests for time, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Florida (Mrs. Fowler) that the House suspend the rules 
and agree to the resolution, House Resolution 607.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

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