[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Pages S10011-S10019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
Mr. MACK. Mr. President, I ask that the Chair lay before the Senate a
message from the House to accompany H.R. 707, an act to amend the
Robert T. Stafford Disaster Relief and Emergency Assistance Act to
authorize a program for predisaster mitigation, to streamline the
administration of disaster relief, to control the Federal costs of
disaster assistance, and for other purposes.''
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 707) entitled ``An Act to amend the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act to authorize a program for predisaster mitigation, to
streamline the administration of disaster relief, to control
the Federal costs of disaster assistance, and for other
purposes'', with the following House Amendment to Senate
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.),
[[Page S10012]]
high priority should be given to mitigation of hazards at the
local level; and
(5) with a unified effort of economic incentives, awareness
and education, technical assistance, and demonstrated Federal
support, States and local governments (including Indian
tribes) will be able to--
(A) form effective community-based partnerships for hazard
mitigation purposes;
(B) implement effective hazard mitigation measures that
reduce the potential damage from natural disasters;
(C) ensure continued functionality of critical services;
(D) leverage additional non-Federal resources in meeting
natural disaster resistance goals; and
(E) make commitments to long-term hazard mitigation efforts
to be applied to new and existing structures.
(b) Purpose.--The purpose of this title is to establish a
national disaster hazard mitigation program--
(1) to reduce the loss of life and property, human
suffering, economic disruption, and disaster assistance costs
resulting from natural disasters; and
(2) to provide a source of predisaster hazard mitigation
funding that will assist States and local governments
(including Indian tribes) in implementing effective hazard
mitigation measures that are designed to ensure the continued
functionality of critical services and facilities after a
natural disaster.
SEC. 102. PREDISASTER HAZARD MITIGATION.
(a) In General.--Title II of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131
et seq.) is amended by adding at the end the following:
``SEC. 203. PREDISASTER HAZARD MITIGATION.
``(a) Definition of Small Impoverished Community.--In this
section, the term `small impoverished community' means a
community of 3,000 or fewer individuals that is economically
disadvantaged, as determined by the State in which the
community is located and based on criteria established by the
President.
``(b) Establishment of Program.--The President may
establish a program to provide technical and financial
assistance to States and local governments to assist in the
implementation of predisaster hazard mitigation measures that
are cost-effective and are designed to reduce injuries, loss
of life, and damage and destruction of property, including
damage to critical services and facilities under the
jurisdiction of the States or local governments.
``(c) Approval by President.--If the President determines
that a State or local government has identified natural
disaster hazards in areas under its jurisdiction and has
demonstrated the ability to form effective public-private
natural disaster hazard mitigation partnerships, the
President, using amounts in the National Predisaster
Mitigation Fund established under subsection (i) (referred to
in this section as the `Fund'), may provide technical and
financial assistance to the State or local government to be
used in accordance with subsection (e).
``(d) State Recommendations.--
``(1) In general.--
``(A) Recommendations.--The Governor of each State may
recommend to the President not fewer than five local
governments to receive assistance under this section.
``(B) Deadline for submission.--The recommendations under
subparagraph (A) shall be submitted to the President not
later than October 1, 2001, and each October 1st thereafter
or such later date in the year as the President may
establish.
``(C) Criteria.--In making recommendations under
subparagraph (A), a Governor shall consider the criteria
specified in subsection (g).
``(2) Use.--
``(A) In general.--Except as provided in subparagraph (B),
in providing assistance to local governments under this
section, the President shall select from local governments
recommended by the Governors under this subsection.
``(B) Extraordinary circumstances.--In providing assistance
to local governments under this section, the President may
select a local government that has not been recommended by a
Governor under this subsection if the President determines
that extraordinary circumstances justify the selection and
that making the selection will further the purpose of this
section.
``(3) Effect of failure to nominate.--If a Governor of a
State fails to submit recommendations under this subsection
in a timely manner, the President may select, subject to the
criteria specified in subsection (g), any local governments
of the State to receive assistance under this section.
``(e) Uses of Technical and Financial Assistance.--
``(1) In general.--Technical and financial assistance
provided under this section--
``(A) shall be used by States and local governments
principally to implement predisaster hazard mitigation
measures that are cost-effective and are described in
proposals approved by the President under this section; and
``(B) may be used--
``(i) to support effective public-private natural disaster
hazard mitigation partnerships;
``(ii) to improve the assessment of a community's
vulnerability to natural hazards; or
``(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
[[Page S10013]]
fewer than five States, that are subject to commonly
recurring natural hazards (including flooding, hurricanes and
severe winds, and seismic events).
``(3) Use of technology.--In developing multihazard
advisory maps under this subsection, the President shall use,
to the maximum extent practicable, the most cost-effective
and efficient technology available.
``(4) Use of maps.--
``(A) Advisory nature.--The multihazard advisory maps shall
be considered to be advisory and shall not require the
development of any new policy by, or impose any new policy
on, any government or private entity.
``(B) Availability of maps.--The multihazard advisory maps
shall be made available to the appropriate State and local
governments for the purposes of--
``(i) informing the general public about the risks of
natural hazards in the areas described in paragraph (2);
``(ii) supporting the activities described in subsection
(e); and
``(iii) other public uses.
``(l) Report on Federal and State Administration.--Not
later than 18 months after the date of the enactment of this
section, the President, in consultation with State and local
governments, shall submit to Congress a report evaluating
efforts to implement this section and recommending a process
for transferring greater authority and responsibility for
administering the assistance program established under this
section to capable States.
``(m) Termination of Authority.--The authority provided by
this section terminates December 31, 2003.''.
(b) Conforming Amendment.--Title II of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131 et seq.) is amended by striking the title heading
and inserting the following:
``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 the enactment of this Act,
except that additional assistance provided under this
subsection shall not exceed $6,000,000. The mitigation
measures assisted under this subsection shall be related to
losses in the State of Minnesota from straight line winds.
(c) Conforming Amendments.--
(1) Section 404(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is
amended--
(A) in the second sentence, by striking ``section 409'' and
inserting ``section 322''; and
(B) in the third sentence, by striking ``The total'' and
inserting ``Subject to section 322, the total''.
(2) Section 409 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5176) is repealed.
TITLE II--STREAMLINING AND COST REDUCTION
SEC. 201. TECHNICAL AMENDMENTS.
Section 311 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5154) is amended in
subsections (a)(1), (b), and (c) by striking ``section 803 of
the Public Works and Economic Development Act of 1965'' each
place it appears and inserting ``section 209(c)(2) of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3149(c)(2))''.
SEC. 202. MANAGEMENT COSTS.
(a) In General.--Title III of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141
et seq.) (as amended by section 104(a)) is amended by adding
at the end the following:
``SEC. 324. MANAGEMENT COSTS.
``(a) Definition of Management Cost.--In this section, the
term `management cost' includes any indirect cost, any
administrative expense, and any other expense not directly
chargeable to a specific project under a major disaster,
emergency, or disaster preparedness or mitigation activity or
measure.
``(b) Establishment of Management Cost Rates.--
Notwithstanding any other provision of law (including any
administrative rule or guidance), the President shall by
regulation establish management cost rates, for grantees and
subgrantees, that shall be used to determine contributions
under this Act for management costs.
``(c) Review.--The President shall review the management
cost rates established under subsection (b) not later than 3
years after the date of establishment of the rates and
periodically thereafter.''.
(b) Applicability.--
(1) In general.--Subject to paragraph (2), subsections (a)
and (b) of section 324 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (as added by subsection
(a)) shall apply to major disasters declared under that Act
on or after the date of the enactment of this Act.
(2) Interim authority.--Until the date on which the
President establishes the management cost rates under section
324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (as added by subsection (a)), section 406(f)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172(f)) (as in effect on the day
before the date of the enactment of this Act) shall be used
to establish management cost rates.
SEC. 203. PUBLIC NOTICE, COMMENT, AND CONSULTATION
REQUIREMENTS.
Title III of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended
by section 202(a)) is amended by adding at the end the
following:
``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 major disaster or emergency declared on
or after the date on which the policy is adopted.
``(b) Consultation Concerning Interim Policies.--
[[Page S10014]]
``(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 one occasion
within the preceding 10-year period, by the same type of
event; and
``(B) the owner of which has failed to implement
appropriate mitigation measures to address the hazard that
caused the damage to the facility.''.
(c) Large In-Lieu Contributions.--Section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) is amended by striking subsection (c) and
inserting the following:
``(c) Large In-Lieu Contributions.--
``(1) For public facilities.--
``(A) In general.--In any case in which a State or local
government determines that the public welfare would not best
be served by repairing, restoring, reconstructing, or
replacing any public facility owned or controlled by the
State or local government, the State or local government may
elect to receive, in lieu of a contribution under subsection
(a)(1)(A), a contribution in an amount equal to 75 percent of
the Federal share of the Federal estimate of the cost of
repairing, restoring, reconstructing, or replacing the
facility and of management expenses.
``(B) Areas with unstable soil.--In any case in which a
State or local government determines that the public welfare
would not best be served by repairing, restoring,
reconstructing, or replacing any public facility owned or
controlled by the State or local government because soil
instability in the disaster area makes repair, restoration,
reconstruction, or replacement infeasible, the State or local
government may elect to receive, in lieu of a contribution
under subsection (a)(1)(A), a contribution in an amount equal
to 90 percent of the Federal share of the Federal estimate of
the cost of repairing, restoring, reconstructing, or
replacing the facility and of management expenses.
``(C) Use of funds.--Funds contributed to a State or local
government under this paragraph may be used--
``(i) to repair, restore, or expand other selected public
facilities;
``(ii) to construct new facilities; or
``(iii) to fund hazard mitigation measures that the State
or local government determines to be necessary to meet a need
for governmental services and functions in the area affected
by the major disaster.
``(D) Limitations.--Funds made available to a State or
local government under this paragraph may not be used for--
``(i) any public facility located in a regulatory floodway
(as defined in section 59.1 of title 44, Code of Federal
Regulations (or a successor regulation)); or
``(ii) any uninsured public facility located in a special
flood hazard area identified by the Director of the Federal
Emergency Management Agency under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
``(2) For private nonprofit facilities.--
``(A) In general.--In any case in which a person that owns
or operates a private nonprofit facility determines that the
public welfare would not best be served by repairing,
restoring, reconstructing, or replacing the facility, the
person may elect to receive, in lieu of a contribution under
subsection (a)(1)(B), a contribution in an amount equal to 75
percent of the Federal share of the Federal estimate of the
cost of repairing, restoring, reconstructing, or replacing
the facility and of management expenses.
``(B) Use of funds.--Funds contributed to a person under
this paragraph may be used--
``(i) to repair, restore, or expand other selected private
nonprofit facilities owned or operated by the person;
``(ii) to construct new private nonprofit facilities to be
owned or operated by the person; or
``(iii) to fund hazard mitigation measures that the person
determines to be necessary to meet a need for the person's
services and functions in the area affected by the major
disaster.
``(C) Limitations.--Funds made available to a person under
this paragraph may not be used for--
``(i) any private nonprofit facility located in a
regulatory floodway (as defined in section 59.1 of title 44,
Code of Federal Regulations (or a successor regulation)); or
``(ii) any uninsured private nonprofit facility located in
a special flood hazard area identified by the Director of the
Federal Emergency Management Agency under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.).''.
(d) Eligible Cost.--
(1) In general.--Section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)
is amended by striking subsection (e) and inserting the
following:
``(e) Eligible Cost.--
``(1) Determination.--
``(A) In general.--For the purposes of this section, the
President shall estimate the eligible
[[Page S10015]]
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 the enactment of this paragraph, the President,
acting through the Director of the Federal Emergency
Management Agency, shall establish an expert panel, which
shall include representatives from the construction industry
and State and local government.
``(B) Duties.--The expert panel shall develop
recommendations concerning--
``(i) procedures for estimating the cost of repairing,
restoring, reconstructing, or replacing a facility consistent
with industry practices; and
``(ii) the ceiling and floor percentages referred to in
paragraph (2).
``(C) Regulations.--Taking into account the recommendations
of the expert panel under subparagraph (B), the President
shall promulgate regulations that establish--
``(i) cost estimation procedures described in subparagraph
(B)(i); and
``(ii) the ceiling and floor percentages referred to in
paragraph (2).
``(D) Review by president.--Not later than 2 years after
the date of promulgation of regulations under subparagraph
(C) and periodically thereafter, the President shall review
the cost estimation procedures and the ceiling and floor
percentages established under this paragraph.
``(E) Report to congress.--Not later than 1 year after the
date of promulgation of regulations under subparagraph (C), 3
years after that date, and at the end of each 2-year period
thereafter, the expert panel shall submit to Congress a
report on the appropriateness of the cost estimation
procedures.
``(4) Special rule.--In any case in which the facility
being repaired, restored, reconstructed, or replaced under
this section was under construction on the date of the major
disaster, the cost of repairing, restoring, reconstructing,
or replacing the facility shall include, for the purposes of
this section, only those costs that, under the contract for
the construction, are the owner's responsibility and not the
contractor's responsibility.''.
(2) Effective date.--The amendment made by paragraph (1)
takes effect on the date of the enactment of this Act and
applies to funds appropriated after the date of the enactment
of this Act, except that paragraph (1) of section 406(e) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (as amended by paragraph (1)) takes effect on
the date on which the cost estimation procedures established
under paragraph (3) of that section take effect.
(e) Conforming Amendment.--Section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) is amended by striking subsection (f).
SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) In General.--Section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174)
is amended to read as follows:
``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.
``(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.--
[[Page S10016]]
``(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 the enactment of this
Act.
SEC. 207. COMMUNITY DISASTER LOANS.
Section 417 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184) is amended--
(1) by striking ``(a) The President'' and inserting the
following:
``(a) In General.--The President'';
(2) by striking ``The amount'' and inserting the following:
``(b) Amount.--The amount'';
(3) by striking ``Repayment'' and inserting the following:
``(c) Repayment.--
``(1) Cancellation.--Repayment'';
(4) by striking ``(b) Any loans'' and inserting the
following:
``(d) Effect on Other Assistance.--Any loans'';
(5) in subsection (b) (as designated by paragraph (2))--
(A) by striking ``and shall'' and inserting ``shall''; and
(B) by inserting before the period at the end the
following: ``, and shall not exceed $5,000,000''; and
(6) in subsection (c) (as designated by paragraph (3)), by
adding at the end the following:
``(2) Condition on continuing eligibility.--A local
government shall not be eligible for further assistance under
this section during any period in which the local government
is in arrears with respect to a required repayment of a loan
under this section.''.
SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DISASTERS
INITIATIVE.
Not later than 3 years after the date of the enactment of
this Act, the President shall submit to Congress a report
describing the results of the State Management of Small
Disasters Initiative, including--
(1) identification of any administrative or financial
benefits of the initiative; and
(2) recommendations concerning the conditions, if any,
under which States should be allowed the option to administer
parts of the assistance program under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5172).
SEC. 209. STUDY REGARDING COST REDUCTION.
Not later than 3 years after the date of the enactment of
this Act, the Director of the Congressional Budget Office
shall complete a study estimating the reduction in Federal
disaster assistance that has resulted and is likely to result
from the enactment of this Act.
TITLE III--MISCELLANEOUS
SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.
The first section of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 note) is amended
to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Robert T. Stafford Disaster
Relief and Emergency Assistance Act'.''.
SEC. 302. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122) is amended--
(1) in each of paragraphs (3) and (4), by striking ``the
Northern'' and all that follows through ``Pacific Islands''
and inserting ``and the Commonwealth of the Northern Mariana
Islands'';
(2) by striking paragraph (6) and inserting the following:
``(6) Local government.--The term `local government'
means--
``(A) a county, municipality, city, town, township, local
public authority, school district, special district,
intrastate district, council of governments (regardless of
whether the council of governments is incorporated as a
nonprofit corporation under State law), regional or
interstate government entity, or agency or instrumentality of
a local government;
``(B) an Indian tribe or authorized tribal organization, or
Alaska Native village or organization; and
``(C) a rural community, unincorporated town or village, or
other public entity, for which an application for assistance
is made by a State or political subdivision of a State.'';
and
(3) in paragraph (9), by inserting ``irrigation,'' after
``utility,''.
SEC. 303. FIRE MANAGEMENT ASSISTANCE.
(a) In General.--Section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187)
is amended to read as follows:
``SEC. 420. FIRE MANAGEMENT ASSISTANCE.
``(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 the enactment of this
Act.
[[Page S10017]]
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 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.
[[Page S10018]]
``(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 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
[[Page S10019]]
``(C) an employee of a State, local, or tribal emergency
management or civil defense agency who is performing official
duties in cooperation with the Federal Emergency Management
Agency in an area, if those official duties--
``(i) are related to a major disaster or emergency that has
been, or is later, declared to exist with respect to the area
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); and
``(ii) are determined by the head of the agency to be
hazardous duties.''.
(b) Effective Date.--The amendment made by subsection (a)
applies only to employees described in subparagraphs (B) and
(C) of section 1204(7) of the Omnibus Crime Control and Safe
Streets Act of 1968 (as amended by subsection (a)) who are
injured or who die in the line of duty on or after the date
of the enactment of this Act.
SEC. 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 the enactment of this Act, the
Director of the Federal Emergency Management Agency shall
revise the appropriate flood insurance rate lot maps of the
agency to reflect the treatment under subsection (a) of the
real property described in subsection (b).
SEC. 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 the
enactment of this Act, the Director shall submit a report on
the study under subsection (b) to--
(1) the Committee on Environment and Public Works of the
Senate;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Committee on Appropriations of the Senate; and
(4) the Committee on Appropriations of the House of
Representatives.
Mr. MACK. Mr. President, I ask unanimous consent that the Senate
concur in the amendment of the House with a further amendment which is
at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment (No. 4299) is printed in today's Record under
``Amendments Submitted.'')
Mr. SMITH of New Hampshire. Mr. President, I rise in support of H.R.
707, the Disaster Mitigation Act of 2000, and urge its passage by the
full Senate. This legislation represents compromise language negotiated
with the House of Representatives, but, is, substantively, very similar
to the bill passed by the Senate in July of this year. This bill will
ensure that FEMA not only remains responsive to local communities after
a disaster, but also makes disaster preparedness and mitigation a
priority. Further, I am proud that this bill will also result in both
short and long term savings to the American taxpayer while, at the same
time, providing the states and local communities with added resources
for future mitigation efforts. Through added efficiencies this bill
saves billions in the long run.
I would like to take this opportunity to thank a number of staff
members who have worked so hard on this bill. In particular, I would
like to recognize Marty Hall from my committee staff; Jo-Ellen Darcy,
committee staff for Senator Baucus; Andy Wheeler and Mike Murray from
Senator Inhofe's staff; and Jason McNamara from Senator Graham's staff.
emergency home repair assistance
Mr. GRAHAM. The bill includes a provision that caps emergency home
repair assistance for individuals and households at $5,000. Could the
Chairman elaborate on this provision to describe what additional
assistance might be available to individuals and households should
their emergency home repair costs exceed $5,000?
Mr. SMITH. I would be happy to elaborate on the provision. The bill
caps ``non-means-tested'' emergency home repair assistance at $5,000.
In other words, as long as insurance proceeds were not available, an
individual or household would be eligible for up to $5,000 of emergency
home repair assistance before he/she was required to seek additional
assistance from other sources, such as the SBA Disaster Loan Program.
If that individual or household was not able to obtain an SBA loan,
then he/she could be eligible for additional emergency home repair
assistance, as long as the total amount of FEMA assistance to this
individual or household does not exceed $25,000.
Mr. GRAHAM. Is it correct, then, that if an individual or household
was unable to obtain a loan from SBA, or assistance from another
source, then they could be eligible to receive additional emergency
home repair assistance, based upon the regulations that FEMA
promulgates for this section, and as long as the total FEMA assistance
received by that individual or household does not exceed $25,000?
Mr. SMITH. The Senator is correct.
Mr. GRAHAM. I thank the Chairman for the clarification.
____________________