[Senate Report 105-326]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 569
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-326
_______________________________________________________________________


 
                    DISASTER MITIGATION ACT OF 1998

                                _______
                                

               September 11, 1998.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2361]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 2361), to amend the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (Stafford Act) to 
authorize programs for predisaster mitigation, to streamline 
the administration of disaster relief, to control the Federal 
costs of disaster assistance, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill do pass.

                           General Statement

    This legislation amends the Stafford Act to authorize a new 
predisaster hazard mitigation program (``Project Impact''), 
streamline management and reduce associated costs thereof, and 
make other changes and clarifications to existing law. The 
levels provided in this 5-year authorization are intended to 
formally authorize the Federal Emergency Management Agency 
(FEMA) to encourage and promote predisaster mitigation in 
different localities throughout the country.

                               Background

    The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act originally was enacted in 1974 and amended in 
1988 and 1993 (P.L. 93-288). The Stafford Act provides the 
principal authority for the President to provide assistance in 
mitigating against, responding to, and preparing for disasters 
and emergencies such as earthquakes, hurricanes, floods, 
tornadoes, and terrorist acts. The mission of the Federal 
Emergency Management Agency (FEMA), which administers the Act, 
is to reduce loss of life and property and protect the nation's 
critical infrastructure from all types of hazards, through a 
comprehensive, risk-based emergency management program. FEMA 
programs are administered via ten regional offices [Atlanta, 
Bothell (WA), Boston, Denton (TX), Chicago, Denver, Kansas 
City, New York, Philadelphia, and San Francisco]. FEMA also 
works with a network of State and local emergency management 
organizations and entities, as well as private sector companies 
in providing disaster assistance and mitigation help. The 
Stafford Act authorizes Federal assistance in four areas:

          preparedness (e.g., emergency planning and 
                  training);
          mitigation (e.g., reducing damage before 
                  disasters occur);
          response (e.g., emergency assistance 
                  immediately following a disaster); and
          recovery (e.g., repair and reconstruction 
                  after a disaster).

Disaster Relief Program
    At the request of the Governor of a disaster-affected 
State, the President, if he determines that the disaster is of 
such severity and magnitude that effective response is beyond 
the capabilities of the State and local governments and that 
Federal assistance is necessary, may declare a major disaster. 
Once such a declaration is made, Federal disaster relief 
assistance becomes available to the affected State. Included in 
the definition of disaster are floods, hurricanes, earthquakes, 
fires, tornadoes, and snowstorms.
    Generally, disaster assistance falls into two categories: 
individual assistance and public assistance. In both cases, 
States are largely responsible for administering the programs 
and share up to 25 percent of the assistance. Individual 
assistance includes temporary housing, crisis counseling, minor 
housing repairs, and grants to individuals and families for 
basic needs, including food and clothing. Public assistance 
includes grants to non-profit organizations and State and local 
governments to repair or replace damaged infrastructure, 
including public buildings, roads, bridges, communications 
facilities, airports and other transit facilities.
Emergency Assistance Program
    Federal emergency assistance is available on occasions when 
the President determines Federal assistance is necessary to 
supplement State and local efforts to save lives and protect 
property but where conditions are not as severe as a major 
disaster. The types of assistance offered by FEMA (matched by 
States at no more than 25 percent, similar to major disaster 
assistance) are more limited than under the major disaster 
relief program and are capped at $5 million per declaration.
Mitigation
    Mitigation encompasses actions that reduce the risk of 
losses to people and property before a disaster occurs. 
Structural mitigation activities include constructing dams and 
flood control projects and retrofitting structures to withstand 
earthquakes, floods, hurricanes and the like. Nonstructural 
activities include, but are not limited to, developing land-use 
plans and zoning ordinances, restoring wetlands which serve as 
natural flood storage areas, and relocating property out of the 
floodplain or other disaster-prone areas--all of which are 
intended to reduce the future losses from disasters. Mitigation 
is considered by many as the only means of reducing the overall 
cost of disasters.
    The Stafford Act offers limited authority for federally 
sponsored mitigation. Section 404 of the Stafford Act 
authorizes the primary program for Federal mitigation 
assistance (the Hazard Mitigation Grant Program). Under Section 
404, FEMA may spend up to 15 percent of the total grant 
assistance expended for a disaster on mitigation projects so 
that a similar disaster in the future will cause less damage. A 
major limitation of this program is that it is not triggered 
until after a disaster has occurred. Because of this 
limitation, Section 404 assistance is referred to as ``post-
disaster'' mitigation.
    ``Pre-disaster'' mitigation refers to mitigation activities 
that are implemented independent of whether a disaster has 
occurred in the area. The Stafford Act provides extremely 
narrow authority for federally supported pre-disaster 
mitigation. According to FEMA, from 1989 through 1996 less than 
10 percent (less than $1 billion) of all FEMA disaster relief 
costs were spent on mitigation, virtually all of this spending 
was on post-disaster mitigation.
Pre-Disaster and Post-Disaster Mitigation
    Recently, there has been increased interest in expanding 
the Federal authority for pre-disaster mitigation. In both the 
103d and 104th Congresses, bills were introduced that 
authorized funds for Federal support of pre-disaster mitigation 
projects. In its fiscal year 1998 budget, the Administration 
proposed the establishment of a $50 million pre-disaster 
mitigation fund. Ultimately, the fiscal year 1998 VA-HUD-
Independent Agencies appropriations bill allocated $30 million 
for FEMA to conduct pre-disaster mitigation activities. FEMA is 
using these monies to fund its new ``Project Impact'' program, 
under which mitigation pilot projects in seven disaster-prone 
communities were initiated. In addition, FEMA states in its 
Strategic Plan that it is focusing its resources on creating 
disaster-resistant communities, and has set the goals of 
reducing the risk of loss of life by 10 percent and reducing 
the risk of property loss by 15 percent by the year 2007.
    Existing post-disaster mitigation program under Section 404 
also has come under scrutiny. This program has become an 
increasingly popular source of funding for mitigation projects. 
Questions have been raised as to whether funds are being 
directed toward appropriate projects, and, more generally, 
whether post-disaster mitigation is the most effective means of 
reducing the likelihood and expense of future damages.
The Federal Cost of Response and Recovery
    Congress has shown interest in reducing the Federal cost of 
disaster assistance. FEMA traditionally receives appropriations 
for disaster relief through the annual appropriations process. 
However, in the event of major disasters, FEMA often receives 
supplemental appropriations under emergency funding rules. In 
the last 8 years, approximately 85 percent of FEMA disaster 
relief funding has been provided through emergency supplemental 
appropriations. In the last few years, supplemental 
appropriations provided in response to disasters have been 
unusually large compared to previous years as a result of 
series of major disasters, including Hurricanes Andrew and 
Iniki in 1992, the Midwest floods of 1993, the Northridge 
earthquake of 1994 and the Upper Midwest floods of 1997.
Administration's Proposal
    In response to congressional concerns regarding disaster 
costs, in March 1997, Director James Lee Witt transmitted to 
Congress the Administration's proposal to amend the Stafford 
Act. Entitled the ``Disaster Streamlining and Costs Reduction 
Act of 1997,'' the bill, S. 1007, was introduced in the Senate 
on July 10, 1997 by Senator Chafee, chairman of the Committee 
on Environment and Public Works. In the House of 
Representatives, a companion bill, H.R. 2446, was introduced on 
September 10, 1997 by Representative Shuster, chairman of the 
Committee on Transportation and Infrastructure.
    The Administration's proposal addresses three key areas: 
the reduction of the types of facilities and activities that 
may receive Federal assistance in the event of a disaster; the 
expansion of FEMA's pre-disaster mitigation authority and 
funding; the coordination and or modification of current 
Federal cost-share and other requirements of the disaster 
relief and emergency assistance process.

                           Summary of S. 2361

    As amended and approved by the Committee on Environment and 
Public Works, the bill consists of three titles. The first 
title authorizes programs for predisaster mitigation; the 
second streamlines the administration of disaster relief and 
implements steps to control the Federal costs of disaster 
assistance; and the third title contains miscellaneous 
conforming amendments, definitions, and effective date.

                      Section-by-Section Analysis

Section 1. Short Title; Table of Contents
    Section 1 establishes the short title of the bill as the 
``Disaster Mitigation Act of 1998.''

                 title i--predisaster hazard mitigation

    The purpose of this title is to establish a predisaster 
hazard mitigation program that (1) reduces the loss of life, 
property, and other costs of disasters, and (2) provides a 
source of predisaster mitigation funding to assist States and 
local governments in implementing mitigation measures.
Section 101. Findings and Purpose
    Section 101 describes four findings of Congress: (1) 
greater emphasis needs to be placed on hazard identification 
and hazard mitigation, (2) expenditures for disaster assistance 
are increasing without evidence of potential reduction of 
future losses, (3) a high priority should be placed on the 
implementation of predisaster mitigation activities, and (4) a 
unified effort will be successful in reducing future losses 
from natural disasters.
    These findings signal the importance of commitments by 
States and local communities to long-term disaster mitigation 
efforts (including developing appropriate construction 
standards, practices and materials) for new and existing 
structures. Such commitments can help reduce the risk of future 
damage to life and property and ensure that critical facilities 
and public infrastructure will function after a disaster 
strikes.
Section 102. State Mitigation Program
    Section 102 amends subsection 201(c) of the Stafford Act. 
As amended, the subsection requires, as a condition for 
receiving Federal financial assistance for disaster 
preparedness, that States submit to the President a 
comprehensive program for mitigating major disasters and 
emergencies that includes provisions for prioritizing 
mitigation activities.
Section 103. Disaster Assistance Plans
    Section 103 amends subsection 201(d) of the Stafford Act to 
authorize grants for improving and updating State disaster 
assistance plans. The Federal share is not to exceed 50 percent 
of the cost of improving and updating existing State disaster 
assistance plans, and of the testing and application of hazard 
identification technologies (such as floodplain mapping 
technologies) that the President determines are likely to 
result in substantial savings over current methods. Grants 
provided pursuant to this section may be used for testing and 
application of technologies for disasters other than flooding, 
such as earthquakes, tsunamis, riverine erosion, landslides, 
ground failure and coastal erosion.
    Planning is one of the more important aspects of the 
mitigation process. With regard to flooding in particular, good 
flood hazard identification is key to long-term efforts to 
reduce the cost of disasters. Accordingly, as a part of its 
post-flood disaster activities, FEMA is encouraged to 
investigate and verify available flood hazard information.
Section 104. Predisaster Hazard Mitigation
    Section 104 creates a new Section 203 in the Stafford Act 
that authorizes the President to establish a program for 
States, local governments, and other entities for carrying out 
predisaster mitigation activities that exhibit long-term, cost-
effective benefits and substantially reduce the risk of future 
damage from major disasters. For the purposes of this section, 
the term ``entities'' refers to governmental entities of the 
State or local government, regional planning organizations, 
governmental units organized along watershed or other planning 
foci, or tribal governments.
    In selecting a site, the President must consider the 
likelihood of damage resulting from a natural disaster; the 
identification of cost effective mitigation activities with 
meaningful outcomes; the consistency with State mitigation 
programs; the opportunity to maximize net benefits to society; 
the ability of a State or local government or entity to fund 
mitigation activities; private sector interest; and other 
criteria established in coordination with State and local 
governments. Based on these criteria, Governors are to provide 
a list of recommendations of at least five local governments or 
other entities from which the President may select one. The 
process allows the President, at the request of a local 
government, to select additional entities if circumstances 
justify such selection and if the selection meets the above 
criteria. With regard to mitigation activities, this section 
requires the President and the States consult on a list of 
those activities that are appropriate, and delegates decisions 
regarding selections from the list to local governments.
    The Federal share for these mitigation activities is set at 
75 percent (or 90 percent for impoverished communities with a 
population of 10,000 or less). Each State is to receive a 
minimum of the lesser of $500,000 or 1 percent of total 
appropriated funds to each State, but no State may receive more 
than 15 percent of the total funds. Funds for this program are 
authorized at $35 million per year for fiscal years 1998-2002; 
the authorization also allows Section 404 funds (post-disaster 
mitigation) to be used if not obligated within 30 months of the 
disaster declaration. The overall authority provided for this 
program is terminated as of October 1, 2003.
    The section also requires that the President, no later than 
18 months after the enactment of this Act, submit to Congress a 
report that evaluates implementation efforts and recommends a 
process for the future administration of the program (including 
the appropriateness of transferring the program to States, and 
consideration of supplementary private sector initiatives).
    States receiving financial assistance under this section 
may use the assistance to fund activities to disseminate 
information about cost-effective mitigation technologies. 
Certain construction standards, practices, and materials have 
been proven effective in mitigating the risks or impacts of 
actual natural disasters. Public awareness of these 
technologies can allow communities to make informed decisions 
that can substantially reduce the risk of future damage, 
hardship or suffering from a major disaster.
Section 105. Study Regarding Predisaster Hazard Mitigation
    Section 105 requires the General Accounting Office (GAO) to 
submit, within 3 years of enactment of this Act, a report to 
Congress that examines the effectiveness of the predisaster 
hazard mitigation program and reviewing of its goals and 
objectives; determines if expenditures are warranted; and 
provides recommendations regarding site selections and 
activities associated with predisaster mitigation.
Section 106. Interagency Task Force
    Section 106 directs the President to establish an 
interagency task force, chaired by the Director of FEMA, to 
coordinate the implementation of the predisaster hazard 
mitigation program. Members of the task force are to include 
representatives from State and local governments. In addition, 
the task force should include members from appropriate State 
organizations, such as those dealing with geological survey, 
emergency management, community planning and development, 
floodplain management, among others.
Section 107. Maximum Contribution for Mitigation Costs
    Section 107 amends Section 404(a) of the Stafford Act by 
changing maximum hazard mitigation contributions from 15% to 
20% of aggregate amount of grants. The changes made by this 
section are applicable to all major disasters declared after 
March 1, 1997.
Section 108. Conforming Amendment
    Section 108 adds the term ``Mitigation'' to title II of the 
Stafford Act.

               title ii--streamlining and cost reduction

    The purpose of this title is to streamline the 
administration and reduce the costs of disaster assistance.
Section 201. Management Costs
    Section 201 adds a new Section 322 to the Stafford Act. It 
provides a definition for management costs and directs the 
President to establish management cost reimbursement rates, 
subject to periodic review, for grantees and subgrantees 
receiving assistance under the Act. Appropriate costs are to be 
established by Federal regulation. The current reimbursement 
system will remain in effect for disasters declared before the 
new rates are established.
Section 202. Assistance to Repair, Restore, Reconstruct, or Replace 
        Damaged Facilities
    Section 202 amends and reorganizes the section of the 
Stafford Act (Section 406) that provides authority to the 
President to make contributions to a State, local government, 
or person for the repair, restoration, or replacement of public 
facilities or private nonprofit facilities. As amended, this 
section establishes a minimum Federal share of 75 percent of 
the cost of such activities, but allows the President to reduce 
the share to 50 percent in cases where the State or local 
government is unable or unwilling to promptly and efficiently 
process claims for assistance. For large, in-lieu contributions 
used for mitigation activities consistent with State plans, the 
President is authorized to increase the Federal share to up to 
90 percent.
    This section also sets new rules for cost estimates by 
allowing the cost of repairs in situations where the actual 
cost is above 120 percent or below 80 percent of the estimated 
cost to be reconsidered. In addition, it directs the President 
to establish an expert panel for development of procedures for 
cost estimations.
    Numerous circumstances may arise that act to prevent State 
and local governments from processing claims for assistance 
expeditiously. Factors to be considered by the FEMA Director 
prior to reducing the Federal share of assistance include, but 
are not limited to, the following: 1) the magnitude of the 
event, 2) the total number of projects eligible for assistance, 
and 3) a limited building/construction season for the affected 
area.
    With regard to FEMA policy, to ensure that there has not 
been disparate treatment in the implementation and application 
of such policies, FEMA is encouraged to allow elected officials 
and other representatives of State and local government 
appropriate time for input regarding policymaking in the 
regulatory process.
Section 203. Federal Assistance to Individuals and Households
    Section 203 amends Section 408 of the Stafford Act to 
combine the Housing and Individual and Family Grant (IFG) 
Programs. As amended, this section establishes the type of 
assistance available for housing, repairs, and construction, 
and caps total assistance per individual or household under the 
combined program at $25,000 per major disaster. It authorizes 
the President to assist individuals by replacing their homes 
under certain conditions or allowing them to rent alternate 
housing accommodations, and by providing financial assistance 
for medical, dental, funeral, personal property, and 
transportation expenses. The President is to issue regulations 
to determine eligibility for assistance.
Section 204. Repeals
    Section 204 repeals Section 417 of the Stafford Act 
(providing for Community Disaster Loans), as well as Section 
422 (regarding simplified procedure), in order to conform with 
the amendment made under Section 202(d) of the bill.
Section 205. State Administration of Hazard Mitigation Grant Program
    Section 205 requires the President to establish a process 
for offering to States the option of administering the Hazard 
Grant Mitigation Program (Section 404) program. The President 
is to set the criteria for, and provide for periodic audits of, 
this program. While the President is required to approve any 
program that meets these criteria, he may withdraw approval if 
the program is not being administered by the State in a 
satisfactory manner.
    When considering a State's application for the delegation 
of authority for administering the Hazard Mitigation Grant 
Program, FEMA is expected to consult with both State and local 
governmental entities. Such consultation should include an 
analysis of a State's ability to process local grant 
applications in an efficient and timely manner.
Section 206. Streamlining of Damaged Facilities Program
    Section 206 requires the President to conduct in at least 
two States a pilot program for the purpose of streamlining the 
Public Assistance (Section 406) program. The President is to 
establish criteria for implementation of the pilot program, and 
report to Congress within two years on the program's results, 
including any financial or administrative benefits.
Section 207. Study Regarding Cost Reduction
    Section 207 directs GAO to submit, within 3 years of 
enactment of this Act, a report to Congress that estimates the 
reduction in Federal disaster assistance that results from the 
enactment of this Act.
Section 208. Study Regarding Disaster Insurance for Public 
        Infrastructure
    Section 208 directs GAO to submit, within 2 years of 
enactment of this Act, a report to Congress on the current and 
future availability of insurance for public infrastructure 
eligible for assistance under Section 406 of the Stafford Act.
Section 209. Study Regarding Declarations
    Section 209 directs GAO to submit, within 3 years of 
enactment of this Act, a report to Congress that examines 
previously declared disasters and emergencies, and describes 
the criteria on which such declarations were based as well as 
how such criteria have changed over time.
Section 210. Fire Suppression Assistance
    Section 210 amends Section 420 of the Stafford Act (Fire 
Suppression Assistance) by allowing the Federal government to 
provide assistance as defined under Section 403 (Essential 
Assistance) to both State and local governments. Under current 
law, fire suppression assistance is limited to grants to States 
for the suppression of wildfires. This section would allow for 
payment of the extraordinary costs incurred by local 
governments in complex, multi-location wildfire situations 
(e.g., Texas and Oklahoma in 1996, Florida in 1998), and would 
preclude the need to issue a major disaster or emergency 
declaration in these situations.

                        title iii--miscellaneous

    The purpose of this title is to make various necessary 
conforming and other amendments.
Section 301. Technical Correction of Short Title.
    Section 301 deletes an extra ``the'' from the title of the 
Act.
Section 302. Definitions
    Section 302 provides for an updated definition of the term 
``State.'' As amended, this section also modifies the 
definition of ``public facility'' to exclude golf courses.
Section 303. Public Safety Officer Benefits for Certain Federal and 
        State Employees
    Section 303 provides benefits for public safety officers, 
FEMA employees, or State emergency management or civil defense 
employees who die or are injured while performing official 
duties related to a major disaster or emergency or those duties 
determined to be hazardous by the FEMA Director (or, in the 
case of a State employee, the head of the State agency). This 
section applies to those employees who dies or are injured on 
or after the date of enactment of this Act.

                                Hearings

    The Subcommittee on Clean Air, Wetlands, Private Property, 
and Nuclear Safety held a hearing on July 23, 1998, prior to 
the introduction of S. 2361. Witnesses included FEMA Director 
James Lee Witt; the Hon. Hal Daub, Mayor of Omaha, for the 
National League of Cities; Mr Joseph Myers, Director of the 
Florida Division of Emergency Management, for the National 
Emergency Management Association; Mr. Albert Ashwood, Director 
of the Oklahoma Department of Civil Emergency Management; and 
Mr. Dan Summers, Director of the Department of Emergency 
Management for New Hanover County, Wilmington, North Carolina. 
Witnesses testified on the bill as introduced, the 
effectiveness of FEMA programs, and the relationship between 
Federal and State and local governments.

                       Congressional Legislation

    On July 27, 1998, Senators Inhofe and Graham, Chairman and 
Ranking Minority Member of the Subcommittee on Clean Air, 
Wetlands, Private Property, and Nuclear Safety, introduced S. 
2361, the Disaster Mitigation Act of 1998. On July 29, the full 
Committee on Environment and Public Works ordered the bill, as 
amended, reported by voice vote.

                             Rollcall Votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report.
    On July 29, 1998, the committee met to consider S. 2361. 
The chairman offered a manager's amendment containing three 
separate provisions, which was adopted by voice vote. 
Subsequently, an amendment offered by Senator Bond concerning 
the exclusion of golf courses from the definition of public 
facility; this amendment was adopted by a vote of 9 ayes to 7 
nays, with 2 not voting. Voting in favor of the Bond amendment 
were Senators Allard, Bond, Chafee, Hutchinson, Inhofe, 
Kempthorne, Smith of New Hampshire, Thomas, and Wyden. Voting 
against were Senators Baucus, Boxer, Graham, Lautenberg, 
Lieberman, Moynihan, and Reid. Not voting were Senators 
Sessions and Warner. The bill then was agreed to, as amended, 
by voice vote.

                    Evaluation of Regulatory Impact

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate requires publication in the report the committee's 
estimate of the regulatory impact made by the bill as reported. 
S. 2361, as reported, is expected to impose no regulatory 
impact. This bill will not affect the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee makes the following 
evaluation of the Federal mandates contained in the reported 
bill. S. 2361, as reported, imposes no Federal 
intergovernmental mandates on State, local or tribal 
governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement has been requested. 
However, it is the opinion of the committee that the business 
of the Senate should proceed without delay, and that the CBO 
statement will be printed in the Congressional Record when it 
is available.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

          [As Amended Through P.L. 105-153, December 17, 1997]

    AN ACT Entitled the ``Disaster Relief Act Amendments of 1974''.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``[The] Robert T. Stafford Disaster 
Relief and Emergency Assistance Act''.

            TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS

                       findings and declarations

    Sec. 101. (a) The Congress hereby finds and declares that--
            (1) because disasters often cause loss of life, 
        human suffering, loss of income, and property loss and 
        damage; and
            (2) because disasters often disrupt the normal 
        functioning of governments and communities, and 
        adversely affect individuals and families with great 
        severity;
special measures, designed to assist the efforts of the 
affected States in expediting the rendering of aid, assistance, 
and emergency services, and the reconstruction and 
rehabilitation of devastated areas, are necessary.
    (b) It is the intent of the Congress, by this Act, to 
provide an orderly and continuing means of assistance by the 
Federal Government to State and local governments in carrying 
out their responsibilities to alleviate the suffering and 
damage which result from such disasters by--
            (1) revising and broadening the scope of existing 
        disaster relief programs;
            (2) encouraging the development of comprehensive 
        disaster preparedness and assistance plans, programs, 
        capabilities, and organizations by the States and by 
        local governments;
            (3) achieving greater coordination and 
        responsiveness of disaster preparedness and relief 
        programs;
            (4) encouraging individuals, States, and local 
        governments to protect themselves by obtaining 
        insurance coverage to supplement or replace 
        governmental assistance;
            (5) encouraging hazard mitigation measures to 
        reduce losses from disasters, including development of 
        land use and construction regulations; and
            (6) providing Federal assistance programs for both 
        public and private losses sustained in disasters.

                              definitions

    Sec. 102. As used in this Act--
            (1) Emergency.--``Emergency'' means any occasion or 
        instance for which, in the determination of the 
        President, Federal assistance is needed to supplement 
        State and local efforts and capabilities to save lives 
        and to protect property and public health and safety, 
        or to lessen or avert the threat of a catastrophe in 
        any part of the United States.
            (2) Major disaster.--``Major disaster'' means any 
        natural catastrophe (including any hurricane, tornado, 
        storm, high water, winddriven water, tidal wave, 
        tsunami, earthquake, volcanic eruption, landslide, 
        mudslide, snowstorm, or drought), or, regardless of 
        cause, any fire, flood, or explosion, in any part of 
        the United States, which in the determination of the 
        President causes damage of sufficient severity and 
        magnitude to warrant major disaster assistance under 
        this Act to supplement the efforts and available 
        resources of States, local governments, and disaster 
        relief organizations in alleviating the damage, loss, 
        hardship, or suffering caused thereby.
            (3) ``United States'' means the fifty States, the 
        District of Columbia, Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, [the Northern Mariana Islands, 
        and the Trust Territory of the Pacific Islands] and the 
        Commonwealth of the Northern Mariana Islands.
            (4) ``State'' means any State of the United States, 
        the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, [the Northern Mariana 
        Islands, and the Trust Territory of the Pacific 
        Islands] and the Commonwealth of the Northern Mariana 
        Islands.
            (5) ``Governor'' means the chief executive of any 
        State.
            (6) ``Local government'' means (A) any county, 
        city, village, town, district, or other political 
        subdivision of any State, any Indian tribe or 
        authorized tribal organization, or Alaska Native 
        village or organization, and (B) includes any rural 
        community or unincorporated town or village or any 
        other public entity for which an application for 
        assistance is made by a State or political subdivision 
        thereof.
            (7) ``Federal agency'' means any department, 
        independent establishment, Government corporation, or 
        other agency of the executive branch of the Federal 
        Government, including the United States Postal Service, 
        but shall not include the American National Red Cross.
            (8) Public facility.--``Public facility'' means the 
        following facilities owned by a State or local 
        government:
                    (A) Any flood control, navigation, 
                irrigation, reclamation, public power, sewage 
                treatment and collection, water supply and 
                distribution, watershed development, or airport 
                facility.
                    (B) Any non-Federal-aid street, road, or 
                highway.
                    (C) Any other public building, structure, 
                or system, including those used for 
                educational, recreational, or cultural purposes 
                , but excluding any golf course.
                    (D) Any park , but excluding any golf 
                course.
            (9) Private nonprofit facility.--``Private 
        nonprofit facility'' means private nonprofit 
        educational, utility, emergency, medical, 
        rehabilitational, and temporary or permanent custodial 
        care facilities (including those for the aged and 
        disabled), other private nonprofit facilities which 
        provide essential services of a governmental nature to 
        the general public, and facilities on Indian 
        reservations as defined by the President.

              [TITLE II--DISASTER PREPAREDNESS ASSISTANCE]

        TITLE II_DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

            federal and state disaster preparedness programs

    Sec. 201. (a) The President is authorized to establish a 
program of disaster preparedness that utilizes services of all 
appropriate agencies and includes--
            (1) preparation of disaster preparedness plans for 
        mitigation, warning, emergency operations, 
        rehabilitation, and recovery;
            (2) training and exercises;
            (3) postdisaster critiques and evaluations;
            (4) annual review of programs;
            (5) coordination of Federal, State, and local 
        preparedness programs;
            (6) application of science and technology;
            (7) research.
    (b) The President shall provide technical assistance to the 
States in developing comprehensive plans and practicable 
programs for preparation against disasters, including hazard 
reduction, avoidance, and mitigation; for assistance to 
individuals, businesses, and State and local governments 
following such disasters; and for recovery of damaged or 
destroyed public and private facilities.
    (c) Upon application by a State, the President is 
authorized to make grants, not to exceed in the aggregate to 
such State $250,000, for the development of plans, programs, 
and capabilities for disaster preparedness and prevention. Such 
grants shall be applied for within one year from the date of 
enactment of this Act. Any State desiring financial assistance 
under this section shall designate or create an agency to plan 
and administer such a disaster preparedness program, and shall, 
through such agency, submit a State plan to the President, 
which shall--
            (1) set forth a comprehensive and detailed State 
        program for preparation against and assistance 
        following, emergencies and major disasters, including 
        provisions for assistance to individuals, businesses, 
        and local governments; [and]
            (2) include provisions for appointment and training 
        of appropriate staffs, formulation of necessary 
        regulations and procedures and conduct of required 
        exercises[.] ; and
            (3) set forth, with the ongoing cooperation of 
        local governments and consistent with section 409, a 
        comprehensive and detailed State program for mitigating 
        emergencies and major disasters, including provisions 
        for prioritizing mitigation measures.
    [(d) The President is authorized to make grants not to 
exceed 50 per centum of the cost of improving, maintaining and 
updating State disaster assistance plans, including evaluations 
of natural hazards and development of the programs and actions 
required to mitigate such hazards, except that no such grant 
shall exceed $50,000 per annum to any State.]
    (d) Grants for Disaster Assistance and Hazard 
Identification.--The President may make grants for--
            (1) not to exceed 50 percent of the cost of 
        improving, maintaining, and updating State disaster 
        assistance plans, including, consistent with section 
        409, evaluation of natural hazards and development of 
        the programs and actions required to mitigate natural 
        hazards; and
            (2) not to exceed 50 percent of the cost of testing 
        and application of emerging hazard identification 
        technologies, such as improved floodplain mapping 
        technologies, that--
                    (A) can be used by and in cooperation with 
                State and local governments; and
                    (B) the President determines will likely 
                result in substantial cost savings as compared 
                to current hazard identification methods.

                           disaster warnings

    Sec. 202. (a) The President shall insure that all 
appropriate Federal agencies are prepared to issue warnings of 
disasters to State and local officials.
    (b) The President shall direct appropriate Federal agencies 
to provide technical assistance to State and local governments 
to insure that timely and effective disaster warning is 
provided.
    (c) The President is authorized to utilize or to make 
available to Federal, State, and local agencies the facilities 
of the civil defense communications system established and 
maintained pursuant to section 611(c) of this Act or any other 
Federal communications system for the purpose of providing 
warning to governmental authorities and the civilian population 
in areas endangered by disasters.
    (d) The President is authorized to enter into agreements 
with the officers or agents of any private or commercial 
communications systems who volunteer the use of their systems 
on a reimbursable or nonreimbursable basis for the purpose of 
providing warning to governmental authorities and the civilian 
population endangered by disasters.

                     Predisaster Hazard Mitigation

Sec.  203. (a) Definition of Small Impoverished Community.--In 
this section, the term ``small impoverished community'' means a 
community of 10,000 or fewer individuals who are economically 
disadvantaged, as determined by the State in which the 
community is located and based on criteria established by the 
President.
    (b) General Authority.--The President may establish a 
program to provide financial assistance to States, local 
governments, and other entities for the purpose of carrying out 
predisaster hazard mitigation activities that exhibit long-
term, cost-effective benefits and substantially reduce the risk 
of future damage, hardship, or suffering from a major disaster.
    (c) Purpose of Assistance.--A State, local government, or 
other entity that receives financial assistance under this 
section shall use the assistance for funding activities that 
exhibit long-term, cost-effective benefits and substantially 
reduce the risk of future damage, hardship, or suffering from a 
major disaster.
    (d) Allocation of Funds.--Financial assistance made 
available to a State, including financial assistance made 
available to local governments of the State, under this section 
for a fiscal year shall--
            (1) be in an amount that is not less than the 
        lesser of $500,000 or 1.0 percent of the total funds 
        appropriated to carry out this section for the fiscal 
        year;
            (2) be in an amount that does not exceed 15 percent 
        of the total funds appropriated to carry out this 
        section for the fiscal year; and
            (3) be provided for projects that meet the criteria 
        specified in subsection (e).
    (e) Criteria.--Subject to subsections (d) and (f), in 
determining whether to provide assistance to a State, local 
government, or other entity under this section and the amount 
of the assistance, the President shall consider the following 
criteria:
            (1) The likelihood of a natural disaster increasing 
        the risk of future damage to a community.
            (2) The clear identification of prioritized cost-
        effective mitigation activities that produce meaningful 
        and definable outcomes.
            (3) If the State has submitted a mitigation program 
        in cooperation with local governments under section 
        201(c)(3), the degree to which the activities 
        identified under paragraph (2) are consistent with the 
        State mitigation program.
            (4) The opportunity to fund activities that 
        maximize net benefits to society.
            (5) The ability of the State, local government, or 
        other entity to fund mitigation activities, with 
        additional consideration for mitigation activities in 
        small impoverished communities.
            (6) The level of interest by the private sector to 
        enter into a partnership to promote mitigation.
            (7) Such other criteria as the President 
        establishes in consultation and coordination with State 
        and local governments.
    (f) State Nominations.--
            (1) In general.--
                    (A) Recommendations by governor.--The 
                Governor of each State may recommend to the 
                President not fewer than 5 local governments or 
                other entities to receive assistance under this 
                section.
                    (B) Submissions to president.--The 
                recommendations shall be submitted to the 
                President not later than January 1 of calendar 
                year 1999 and each calendar year thereafter or 
                such later date in the calendar year as the 
                President may establish.
                    (C) Criteria for recommendations.--In 
                making the recommendations, each Governor shall 
                consider the criteria specified in subsection 
                (e).
            (2) Use.--
                    (A) In general.--In providing assistance to 
                local governments and other entities under this 
                section, the President shall select from among 
                the local governments and other entities 
                recommended by the Governors under this 
                subsection.
                    (B) Selection of additional entities.--On 
                the request of a local government, the 
                President may select additional entities if the 
                President determines that special circumstances 
                justify the additional selection and the 
                selection will meet the criteria specified in 
                subsection (e).
            (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 
        (e), any local governments of the State or other 
        entities to receive assistance under this section.
    (g) Federal Share.--The Federal share of the cost of 
mitigation activities approved by the President for financial 
assistance under this section shall be--
            (1) except as provided in paragraph (2), up to 75 
        percent; and
            (2) in the case of mitigation activities in small 
        impoverished communities, up to 90 percent.
    (h) Local Governments.--In carrying out this section, the 
President and States shall--
            (1) consult with local governments for the purpose 
        of developing a list of appropriate activities for 
        predisaster hazard mitigation funding; and
            (2) delegate to the local governments the decision 
        to select specific activities from the list developed 
        under paragraph (1).
    (i) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $35,000,000 for 
each of fiscal years 1998 through 2002.
    (j) Authorization of Section 404 Funds.--In addition to 
amounts appropriated under subsection (i), the President, in 
consultation and coordination with State and local governments, 
may use to carry out this section funds that are appropriated 
to carry out section 404 for post-disaster mitigation 
activities that have not been obligated within 30 months after 
the disaster declaration on which the funding availability is 
based.
    (k) Termination of Effectiveness.--The authority provided 
by this section terminates effective October 1, 2003.

   TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

                  Waiver of Administrative Conditions

Sec. 301. Any Federal agency charged with the administration of 
a Federal assistance program may, if so requested by the 
applicant State or local authorities, modify or waive, for a 
major disaster, such administrative conditions for assistance 
as would otherwise prevent the giving of assistance under such 
programs if the inability to meet such conditions is a result 
of the major disaster.

                         coordinating officers

    Sec. 302. (a) Immediately upon his declaration of a major 
disaster or emergency, the President shall appoint a Federal 
coordinating officer to operate in the affected area.
    (b) In order to effectuate the purposes of this Act, the 
Federal coordinating officer, within the affected area, shall--
            (1) make an initial appraisal of the types of 
        relief most urgently needed;
            (2) establish such field offices as he deems 
        necessary and as are authorized by the President;
            (3) coordinate the administration of relief, 
        including activities of the State and local 
        governments, the American National Red Cross, the 
        Salvation Army, the Mennonite Disaster Service, and 
        other relief or disaster assistance organizations, 
        which agree to operate under his advise or direction, 
        except that nothing contained in this Act shall limit 
        or in any way affect the responsibilities of the 
        American National Red Cross under the Act of January 5, 
        1905, as amended (33 Stat. 599); and
            (4) take such other action, consistent with 
        authority delegated to him by the President, and 
        consistent with the provisions of this Act, as he may 
        deem necessary to assist local citizens and public 
        officials in promptly obtaining assistance to which 
        they are entitled.
    (c) When the President determines assistance under this Act 
is necessary, he shall request that the Governor of the 
affected State designate a State coordinating officer for the 
purpose of coordinating State and local disaster assistance 
efforts with those of the Federal Government.

                        emergency support teams

    Sec. 303. The President shall form emergency support teams 
of Federal personnel to be deployed in an area affected by a 
major disaster or emergency. Such emergency support teams shall 
assist the Federal coordinating officer in carrying out his 
responsibilities pursuant to this Act. Upon request of the 
President, the head of any Federal agency is directed to detail 
to temporary duty with the emergency support teams on either a 
reimbursable or nonreimbursable basis, as is determined 
necessary by the President, such personnel within the 
administrative jurisdiction of the head of the Federal agency 
as the President may need or believe to be useful for carrying 
out the functions of the emergency support teams, each such 
detail to be without loss of seniority, pay, or other employee 
status.

                             reimbursement

    Sec. 304. Federal agencies may be reimbursed for 
expenditures under this Act from funds appropriated for the 
purposes of this Act. Any funds received by Federal agencies as 
reimbursement for services or supplies furnished under the 
authority of this Act shall be deposited to the credit of the 
appropriation or appropriations currently available for such 
services or supplies.

                              nonliability

    Sec. 305. The Federal Government shall not be liable for 
any claim based upon the exercise or performance of or the 
failure to exercise or perform a discretionary function or duty 
on the part of a Federal agency or an employee of the Federal 
Government in carrying out the provisions of this Act.

                        performance of services

    Sec. 306. (a) In carrying out the purposes of this Act, any 
Federal agency is authorized to accept and utilize the services 
or facilities of any State or local government, or of any 
agency, office, or employee thereof, with the consent of such 
government.
    (b) In performing any services under this Act, any Federal 
agency is authorized--
            (1) to appoint and fix the compensation of such 
        temporary personnel as may be necessary, without regard 
        to the provisions of title 5, United States Code, 
        governing appointments in competitive service;
            (2) to employ experts and consultants in accordance 
        with the provisions of section 3109 of such title, 
        without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates; and
            (3) to incur obligations on behalf of the United 
        States by contract or otherwise for the acquisition, 
        rental, or hire of equipment, services, materials, and 
        supplies for shipping, drayage, travel, and 
        communications, and for the supervision and 
        administration of such activities. Such obligations, 
        including obligations arising out of the temporary 
        employment of additional personnel, may be incurred by 
        an agency in such amount as may be made available to it 
        by the President.

                   use of local firms and individuals

    Sec. 307. In the expenditure of Federal funds for debris 
clearance, distribution of supplies, reconstruction, and other 
major disaster or emergency assistance activities which may be 
carried out by contract or agreement with private 
organizations, firms, or individuals, preference shall be 
given, to the extent feasible and practicable, to those 
organizations, firms, and individuals residing or doing 
business primarily in the area affected by such major disaster 
or emergency. This section shall not be considered to restrict 
the use of Department of Defense resources in the provision of 
major disaster assistance under this Act.

                nondiscrimination in disaster assistance

    Sec. 308. (a) The President shall issue, and may alter and 
amend, such regulations as may be necessary for the guidance of 
personnel carrying out Federal assistance functions at the site 
of a major disaster or emergency. Such regulations shall 
include provisions for insuring that the distribution of 
supplies, the processing of applications, and other relief and 
assistance activities shall be accomplished in an equitable and 
impartial manner, without discrimination on the grounds of 
race, color, religion, nationality, sex, age, or economic 
status.
    (b) As a condition of participation in the distribution of 
assistance or supplies under this Act or of receiving 
assistance under this Act, governmental bodies and other 
organizations shall be required to comply with regulations 
relating to nondiscrimination promulgated by the President, and 
such other regulations applicable to activities within an area 
affected by a major disaster or emergency as he deems necessary 
for the effective coordination of relief efforts.

              use and coordination of relief organizations

    Sec. 309. (a) In providing relief and assistance under this 
Act, the President may utilize, with their consent, the 
personnel and facilities of the American National Red Cross, 
the Salvation Army, the Mennonite Disaster Service, and other 
relief or disaster assistance organizations, in the 
distribution of medicine, food, supplies, or other items, and 
in the restoration, rehabilitation, or reconstruction of 
community services housing and essential facilities, whenever 
the President finds that such utilization is necessary.
    (b) The President is authorized to enter into agreements 
with the American National Red Cross, the Salvation Army, the 
Mennonite Disaster Service, and other relief or disaster 
assistance organizations under which the disaster relief 
activities of such organizations may be coordinated by the 
Federal coordinating officer whenever such organizations are 
engaged in providing relief during and after a major disaster 
or emergency. Any such agreement shall include provisions 
assuring that use of Federal facilities, supplies, and services 
will be in compliance with regulations prohibiting duplication 
of benefits and guaranteeing nondiscrimination promulgated by 
the President under this Act, and such other regulation as the 
President may require.

    Priority to Certain Applications for Public Facility and Public 
                          Housing Assistance.

    Sec. 310. (a) Priority.--In the processing of applications 
for assistance, priority and immediate consideration shall be 
given by the head of the appropriate Federal agency, during 
such period as the President shall prescribe, to applications 
from public bodies situated in areas affected by major 
disasters under the following Acts:
            (1) The United States Housing Act of 1937 for the 
        provision of low-income housing.
            (2) Section 702 of the Housing Act of 1954 for 
        assistance in public works planning.
            (3) The Community Development Block Grant Program 
        under title I of the Housing and Community Development 
        Act of 1974.
            (4) Section 306 of the Consolidated Farm and Rural 
        Development Act.
            (5) The Public Works and Economic Development Act 
        of 1965.
            (6) The Appalachian Regional Development Act of 
        1965.
            (7) The Federal Water Pollution Control Act.
    (b) Obligation of Certain Discretionary Funds.--In the 
obligation of discretionary funds or funds which are not 
allocated among the States or political subdivisions of a 
State, the Secretary of Housing and Urban Development and the 
Secretary of Commerce shall give priority to applications for 
projects for major disaster areas.

                               Insurance

    Sec. 311. (a) Applicants for Replacement of Damaged 
Facilities.--
            (1) Compliance with certain regulations.--An 
        applicant for assistance under section 406 of this Act 
        (relating to repair, restoration, and replacement of 
        damaged facilities), section 422 of this Act (relating 
        to simplified procedure) or section 803 of the Public 
        Works and Economic Development Act of 1965 shall comply 
        with regulations prescribed by the President to assure 
        that, with respect to any property to be replaced, 
        restored, repaired, or constructed with such 
        assistance, such types and extent of insurance will be 
        obtained and maintained as may be reasonably available, 
        adequate, and necessary, to protect against future loss 
        to such property.
            (2) Determination.--In making a determination with 
        respect to availability, adequacy, and necessity under 
        paragraph (1), the President shall not require greater 
        types and extent of insurance than are certified to him 
        as reasonable by the appropriate State insurance 
        commissioner responsible for regulation of such 
        insurance.
    (b) Maintenance of Insurance.--No applicant for assistance 
under section 406 of this Act (relating to repair, restoration, 
and replacement of damaged facilities), section 422 of this Act 
(relating to simplified procedure), or section 803 of the 
Public Works and Economic Development Act of 1965 may receive 
such assistance for any property or part thereof for which the 
applicant has previously received assistance under this Act 
unless all insurance required pursuant to this section has been 
obtained and maintained with respect to such property. The 
requirements of this subsection may not be waived under section 
301.
    (c) State Acting as Self-Insurer.--A State may elect to act 
as a self-insurer with respect to any or all of the facilities 
owned by the State. Such an election, if declared in writing at 
the time of acceptance of assistance under section 406 or 422 
of this Act or section 803 of the Public Works and Economic 
Development Act of 1965 or subsequently and accompanied by a 
plan for self-insurance which is satisfactory to the President, 
shall be deemed compliance with subsection (a). No such self-
insurer may receive assistance under section 406 or 422 of this 
Act for any property or part thereof for which it has 
previously received assistance under this Act, to the extent 
that insurance for such property or part thereof would have 
been reasonably available.

                        Duplication of benefits

    Sec. 312. (a) General Prohibition.--The President, in 
consultation with the head of each Federal agency administering 
any program providing financial assistance to persons, business 
concerns, or other emergency, shall assure that no such person, 
business concern, or other entity will receive such assistance 
with respect to any part of such loss as to which he has 
received financial assistance under any other program or from 
insurance or any other source.
    (b) Special Rules.--
            (1) Limitation.--This section shall not prohibit 
        the provision of Federal assistance to a person who is 
        or may be entitled to receive benefits for the same 
        purposes from another source if such person has not 
        received such other benefits by the time of application 
        for Federal assistance and if such person agrees to 
        repay all duplicative assistance to the agency 
        providing the Federal assistance.
            (2) Procedures.--The President shall establish such 
        procedures as the President considers necessary to 
        ensure uniformity in preventing duplication of 
        benefits.
            (3) Effect of partial benefits.--Receipt of partial 
        benefits for a major disaster or emergency shall not 
        preclude provision of additional Federal assistance for 
        any part of a loss or need for which benefits have not 
        been provided.
    (c) Recovery of Duplicative Benefits.--A person receiving 
Federal assistance for a major disaster or emergency shall be 
liable to the United States to the extent that such assistance 
duplicates benefits available to the person for the same 
purpose from another source. The agency which provided the 
duplicative assistance shall collect such duplicative 
assistance from the recipient in accordance with chapter 37 of 
title 31, United States Code, relating to debt collection, when 
the head of such agency considers it to be in the best interest 
of the Federal Government.
    (d) Assistance Not Income.--Federal major disaster and 
emergency assistance provided to individuals and families under 
this Act, and comparable disaster assistance provided by 
States, local governments, and disaster assistance 
organizations, shall not be considered as income or a resource 
when determining eligibility for or benefit levels under 
federally funded income assistance or resource-tested benefit 
programs.

                         Standards and reviews

    Sec. 313. The President shall establish comprehensive 
standards which shall be used to assess the efficiency and 
effectiveness of Federal major disaster and emergency 
assistance programs administered under this Act. The President 
shall conduct annual reviews of the activities of Federal 
agencies and State and local governments in major disaster and 
emergency preparedness and in providing major disaster and 
emergency assistance in order to assure maximum coordination 
and effectiveness of such programs and consistency in policies 
for reimbursement of States under this Act.

                               Penalties

    Sec. 314. (a) Misuse of Funds.--Any person who knowingly 
misapplies the proceeds of a loan or other cash benefit 
obtained under this Act shall be fined an amount equal to one 
and one-half times the misapplied amount of the proceeds or 
cash benefit.
    (b) Civil Enforcement.--Whenever it appears that any person 
has violated or is about to violate any provision of this Act, 
including any civil penalty imposed under this Act, the 
Attorney General may bring a civil action for such relief as 
may be appropriate. Such action may be brought in an 
appropriate United States district court.
    (c) Referral to Attorney General.--The President shall 
expeditiously refer to the Attorney General for appropriate 
action any evidence developed in the performance of functions 
under this Act that may warrant consideration for criminal 
prosecution.
    (d) Civil Penalty.--Any individual who knowingly violates 
any order or regulation issued under this Act shall be subject 
to a civil penalty of not more than $5,000 for each violation.

                       availability of materials

    Sec. 315. The President is authorized, at the request of 
the Governor of an affected State, to provide for a survey of 
construction materials needed in the area affected by a major 
disaster on an emergency basis for housing repairs, replacement 
housing, public facilities repairs and replacement, farming 
operations, and business enterprises and to take appropriate 
action to assure the availability and fair distribution of 
needed materials, including, where possible, the allocation of 
such materials for a period of not more than one hundred and 
eighty days after such major disaster. Any allocation program 
shall be implemented by the President to the extent possible, 
by working with and through those companies which traditionally 
supply construction materials in the affected area. For the 
purposes of this section ``construction materials'' shall 
include building materials and materials required for repairing 
housing, replacement housing, public facilities repairs and 
replacement, and for normal farm and business operations.

                       Protection of Environment

    Sec. 316. An action which is taken or assistance which is 
provided pursuant to section 402, 403, 406, 407, or 502, 
including such assistance provided pursuant to the procedures 
provided for in section 422, which has the effect of restoring 
a facility substantially to its condition prior to the disaster 
or emergency, shall not be deemed a major Federal action 
significantly affecting the quality of the human environment 
within the meaning of the National Environmental Policy Act of 
1969 (83 Stat. 852). Nothing in this section shall alter or 
affect the applicability of the National Environmental Policy 
Act of 1969 to other Federal actions taken under this Act or 
under any other provisions of law.

                         Recovery of Assistance

    Sec. 317. (a) Party Liable.--Any person who intentionally 
causes a condition for which Federal assistance is provided 
under this Act or under any other Federal law as a result of a 
declaration of a major disaster or emergency under this Act 
shall be liable to the United States for the reasonable costs 
incurred by the United States in responding to such disaster or 
emergency to the extent that such costs are attributable to the 
intentional act or omission of such person which caused such 
condition. Such action for reasonable costs shall be brought in 
an appropriate United States district court.
    (b) Rendering of Care.--A person shall not be liable under 
this section for costs incurred by the United States as a 
result of actions taken or omitted by such person in the course 
of rendering care or assistance in response to a major disaster 
or emergency.

                       Audits and Investigations

    Sec. 318. (a) In General.--Subject to the provisions of 
chapter 75 of title 31, United States Code, relating to 
requirements for single audits, the President shall conduct 
audits and investigations as necessary to assure compliance 
with this Act, and in connection therewith may question such 
persons as may be necessary to carry out such audits and 
investigations.
    (b) Access to Records.--For purposes of audits and 
investigations under this section, the President and 
Comptroller General may inspect any books, documents, papers, 
and records of any person relating to any activity undertaken 
or funded under this Act.
    (c) State and Local Audits.--The President may require 
audits by State and local governments in connection with 
assistance under this Act when necessary to assure compliance 
with this Act or related regulations.

                      Advance of Non-Federal Share

    Sec. 319. (a) In General.--The President may lend or 
advance to an eligible applicant or a State the portion of 
assistance for which the State is responsible under the cost-
sharing provisions of this Act in any case in which--
            (1) the State is unable to assume its financial 
        responsibility under such cost-sharing provisions--
                    (A) with respect to concurrent, multiple 
                major disasters in a jurisdiction, or
                    (B) after incurring extraordinary costs as 
                a result of a particular disaster; and
            (2) the damages caused by such disasters or 
        disaster are so overwhelming and severe that it is not 
        possible for the applicant or the State to assume 
        immediately their financial responsibility under this 
        Act.
    (b) Terms of Loans and Advances.--
            (1) In general.--Any loan or advance under this 
        section shall be repaid to the United States.
            (2) Interest.--Loans and advances under this 
        section shall bear interest at a rate determined by the 
        Secretary of the Treasury, taking into consideration 
        the current market yields on outstanding marketable 
        obligations of the United States with remaining periods 
        to maturity comparable to the reimbursement period of 
        the loan or advance.
    (c) Regulations.--The President shall issue regulations 
describing the terms and conditions under which any loan or 
advance authorized by this section may be made.

                  Limitation on Use of Sliding Scales

    Sec. 320. No geographic area shall be precluded from 
receiving assistance under this Act solely by virtue of an 
arithmetic formula or sliding scale based on income or 
population.

                         Rules and Regulations

    Sec. 321. The President may prescribe such rules and 
regulations as may be necessary and proper to carry out the 
provisions of this Act, and may exercise, either directly or 
through such Federal agency as the President may designate, any 
power or authority conferred to the President by this Act.

                            Management Costs

    Sec 322. (a) Definition of Management Cost.--In this 
section, the term ``management cost'' includes any indirect 
cost, administrative expense, and any other expense not 
directly chargeable to a specific project under a major 
disaster, emergency, or emergency preparedness activity or 
measure.
    (b) Management Cost Rates.--Notwithstanding any other 
provision of law (including any administrative rule or 
guidance), the President shall 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 (a) (b) not later than 3 
years after the date of establishment of the rates and 
periodically thereafter.
    (d) Regulations.--The President shall promulgate a 
regulation to define appropriate costs to be included in 
management costs under this section.

              TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

                       Procedure for Declaration

    Sec. 401. All requests for a declaration by the President 
that a major disaster exists shall be made by the Governor of 
the affected State. Such a request shall be based on a finding 
that the disaster is of such severity and magnitude that 
effective response is beyond the capabilities of the State and 
the affected local governments and that Federal assistance is 
necessary. As part of such request, and as a prerequisite to 
major disaster assistance under this Act, the Governor shall 
take appropriate response action under State law and direct 
execution of the State's emergency plan. The Governor shall 
furnish information on the nature and amount of State and local 
resources which have been or will be committed to alleviating 
the results of the disaster, and shall certify that, for the 
current disaster, State and local government obligations and 
expenditures (of which State commitments must be a significant 
proportion) will comply with all applicable cost-sharing 
requirements of this Act. Based on the request of a Governor 
under this section, the President may declare under this Act 
that a major disaster or emergency exists.

                       General Federal Assistance

    Sec. 402. In any major disaster, the President may--
            (1) direct any Federal agency, with or without 
        reimbursement, to utilize its authorities and the 
        resources granted to it under Federal law (including 
        personnel, equipment, supplies, facilities, and 
        managerial, technical, and advisory services) in 
        support of State and local assistance efforts;
            (2) coordinate all disaster relief assistance 
        (including voluntary assistance) provided by Federal 
        agencies, private organizations, and State and local 
        governments;
            (3) provide technical and advisory assistance to 
        affected State and local governments for--
                    (A) the performance of essential community 
                services;
                    (B) issuance of warnings of risks and 
                hazards;
                    (C) public health and safety information, 
                including dissemination of such information;
                    (D) provision of health and safety 
                measures; and
                    (E) management, control, and reduction of 
                immediate threats to public health and safety; 
                and
            (4) assist State and local governments in the 
        distribution of medicine, food, and other consumable 
        supplies, and emergency assistance.

                          Essential Assistance

    Sec. 403. (a) In General.--Federal agencies may on the 
direction of the President, provide assistance essential to 
meeting immediate threats to life and property resulting from a 
major disaster, as follows:
            (1) Federal resources, generally.--Utilizing, 
        lending, or donating to State and local governments 
        Federal equipment, supplies, facilities, personnel, and 
        other resources, other than the extension of credit, 
        for use or distribution by such governments in 
        accordance with the purposes of this Act.
            (2) Medicine, food, and other consumables.--
        Distributing or rendering through State and local 
        governments, the American National Red Cross, the 
        Salvation Army, the Mennonite Disaster Service, and 
        other relief and disaster assistance organizations 
        medicine, food, and other consumable supplies, and 
        other services and assistance to disaster victims.
            (3) Work and services to save lives and protect 
        property.--Performing on public or private lands or 
        waters any work or services essential to saving lives 
        and protecting and preserving property or public health 
        and safety, including--
                    (A) debris removal;
                    (B) search and rescue, emergency medical 
                care, emergency mass care, emergency shelter, 
                and provision of food, water, medicine, and 
                other essential needs, including movement of 
                supplies or persons;
                    (C) clearance of roads and construction of 
                temporary bridges necessary to the performance 
                of emergency tasks and essential community 
                services;
                    (D) provision of temporary facilities for 
                schools and other essential community services;
                    (E) demolition of unsafe structures which 
                endanger the public;
                    (F) warning of further risks and hazards;
                    (G) dissemination of public information and 
                assistance regarding health and safety 
                measures;
                    (H) provision of technical advice to State 
                and local governments on disaster management 
                and control; and
                    (I) reduction of immediate threats to life, 
                property, and public health and safety.
            (4) Contributions.--Making contributions to State 
        or local governments or owners or operators of private 
        nonprofit facilities for the purpose of carrying out 
        the provisions of this subsection.
    (b) Federal Share.--The Federal share of assistance under 
this section shall be not less than 75 percent of the eligible 
cost of such assistance.
    (c) Utilization of DOD Resources.--
            (1) General rule.--During the immediate aftermath 
        of an incident which may ultimately qualify for 
        assistance under this title or title V of this Act, the 
        Governor of the State in which such incident occurred 
        may request the President to direct the Secretary of 
        Defense to utilize the resources of the Department of 
        Defense for the purpose of performing on public and 
        private lands any emergency work which is made 
        necessary by such incident and which is essential for 
        the preservation of life and property. If the President 
        determines that such work is essential for the 
        preservation of life and property, the President shall 
        grant such request to the extent the President 
        determines practicable. Such emergency work may only be 
        carried out for a period not to exceed 10 days.
            (2) Rules applicable to debris removal.--Any 
        removal of debris and wreckage carried out under this 
        subsection shall be subject to section 407(b), relating 
        to unconditional authorization and indemnification for 
        debris removal.
            (3) Expenditures out of disaster relief funds.--The 
        cost of any assistance provided pursuant to this 
        subsection shall be reimbursed out of funds made 
        available to carry out this Act.
            (4) Federal share.--The Federal share of assistance 
        under this subsection shall be not less than 75 
        percent.
            (5) Guidelines.--Not later than 180 days after the 
        date of the enactment of the Disaster Relief and 
        Emergency Assistance Amendments of 1988, the President 
        shall issue guidelines for carrying out this 
        subsection. Such guidelines shall consider any likely 
        effect assistance under this subsection will have on 
        the availability of other forms of assistance under 
        this Act.
            (6) Definitions.--For purposes of this section--
                    (A) Department of defense.--The term 
                ``Department of Defense'' has the meaning the 
                term ``department'' has under section 101 of 
                title 10, United States Code.
                    (B) Emergency work.--The term ``emergency 
                work'' includes clearance and removal of debris 
                and wreckage and temporary restoration of 
                essential public facilities and services.

                           Hazard Mitigation

    Sec. 404. (a) In General.--The President may contribute up 
to 75 percent of the cost of hazard mitigation measures which 
the President has determined are cost-effective and which 
substantially reduce the risk of future damage, hardship, loss, 
or suffering in any area affected by a major disaster. Such 
measures shall be identified following the evaluation of 
natural hazards under section 409 and shall be subject to 
approval by the President. The total of contributions under 
this section for a major disaster shall not exceed [15 percent] 
20 percent of the estimated aggregate amount of grants to be 
made (less any associated administrative costs) under this Act 
with respect to the major disaster.
    (b) Property Acquisition and Relocation Assistance.--
            (1) General authority.--In providing hazard 
        mitigation assistance under this section in connection 
        with flooding, the Director of the Federal Emergency 
        Management Agency may provide property acquisition and 
        relocation assistance for projects that meet the 
        requirements of paragraph (2).
            (2) Terms and conditions.--An acquisition or 
        relocation project shall be eligible to receive 
        assistance pursuant to paragraph (1) only if--
                    (A) the applicant for the assistance is 
                otherwise eligible to receive assistance under 
                the hazard mitigation grant program established 
                under subsection (a); and
                    (B) on or after the date of enactment of 
                this subsection, the applicant for the 
                assistance enters into an agreement with the 
                Director that provides assurances that--
                            (i) any property acquired, 
                        accepted, or from which a structure 
                        will be removed pursuant to the project 
                        will be dedicated and maintained in 
                        perpetuity for a use that is compatible 
                        with open space, recreational, or 
                        wetlands management practices;
                            (ii) no new structure will be 
                        erected on property acquired, accepted 
                        or from which a structure was removed 
                        under the acquisition or relocation 
                        program other than--
                                    (I) a public facility that 
                                is open on all sides and 
                                functionally related to a 
                                designated open space;
                                    (II) a rest room; or
                                    (III) a structure that the 
                                Director approves in writing 
                                before the commencement of the 
                                construction of the structure; 
                                and
                            (iii) after receipt of the 
                        assistance, with respect to any 
                        property acquired, accepted or from 
                        which a structure was removed under the 
                        acquisition or relocation program--
                                    (I) no subsequent 
                                application for additional 
                                disaster assistance for any 
                                purpose will be made by the 
                                recipient to any Federal 
                                entity; and
                                    (II) no assistance referred 
                                to in subclause (I) will be 
                                provided to the applicant by 
                                any Federal source.
            (3) Statutory construction.--Nothing in this 
        subsection is intended to alter or otherwise affect an 
        agreement for an acquisition or relocation project 
        carried out pursuant to this section that was in effect 
        on the day before the date of enactment of this 
        subsection.
    (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.
            (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) submission of the plan required under 
                section 201(c); 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.

                           federal facilities

    Sec. 405. (a) The President may authorize any Federal 
agency to repair, reconstruct, restore, or replace any facility 
owned by the United States and under the jurisdiction of such 
agency which is damaged or destroyed by any major disaster if 
he determines that such repair, reconstruction, restoration, or 
replacement is of such importance and urgency that it cannot 
reasonably be deferred pending the enactment of specific 
authorizing legislation or the making of an appropriation for 
such purposes, or the obtaining of congressional committee 
approval.
    (b) In order to carry out the provisions of this section, 
such repair, reconstruction, restoration, or replacement may be 
begun notwithstanding a lack or an insufficiency of funds 
appropriated for such purpose, where such lack or insufficiency 
can be remedied by the transfer, in accordance with law, of 
funds appropriated to that agency for another purpose.
    (c) In implementing this section, Federal agencies shall 
evaluate the natural hazards to which these facilities are 
exposed and shall take appropriate action to mitigate such 
hazards, including safe land-use and construction practices, in 
accordance with standards prescribed by the President.

       Repair, Restoration, and Replacement of Damaged Facilities.

    Sec. 406. [(a) Contributions.--The President may make 
contributions--
            [(1) to a State or local government for the repair, 
        restoration, reconstruction, or replacement of a public 
        facility which is damaged or destroyed by a major 
        disaster and for associated expenses incurred by such 
        government; and
            [(2) to a person who owns or operates a private 
        nonprofit facility damaged or destroyed by a major 
        disaster for the repair, restoration, reconstruction, 
        or replacement of such facility and for associated 
        expenses incurred by such person.
    [(b) Minimum Federal Share.--The Federal share of 
assistance under this section shall be not less than--
            [(1) 75 percent of the net eligible cost of repair, 
        restoration, reconstruction, or replacement carried out 
        under this section;
            [(2) 100 percent of associated expenses described 
        in subsections (f)(1) and (f)(2); and
            [(3) 75 percent of associated expenses described in 
        subsections (f)(3), (f)(4), and (f)(5).
    [(c) Large In Lieu Contributions.--
            [(1) For public facilities.--In any case where a 
        State or local government determines that the public 
        welfare would not be best served by repairing, 
        restoring, reconstructing, or replacing any public 
        facility owned or controlled by such State or local 
        government, it may elect to receive, in lieu of a 
        contribution under subsection (a)(1), a contribution of 
        not to exceed 90 percent of the Federal share of the 
        Federal estimate of the cost of repairing, restoring, 
        reconstructing, or replacing such facility and of 
        associated expenses. Funds contributed under this 
        subsection may be used to repair, restore, or expand 
        other selected public facilities, to construct new 
        facilities, or to fund hazard mitigation measures which 
        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.
            [(2) For private nonprofit facilities.--In any case 
        where a person who owns or operates a private nonprofit 
        facility determines that the public welfare would not 
        be best served by repairing, restoring, reconstructing, 
        or replacing such facility, such person may elect to 
        receive, in lieu of a contribution under subsection 
        (a)(2), a contribution of not to exceed 90 percent of 
        the Federal share of the Federal estimate of the cost 
        of repairing, restoring, reconstructing, or replacing 
        such facility and of associated expenses. Funds 
        contributed under this subsection may be used to 
        repair, restore, or expand other selected private 
        nonprofit facilities owned or operated by such person, 
        to construct new private nonprofit facilities to be 
        owned or operated by such person, or to fund hazard 
        mitigation measures which such person determines to be 
        necessary to meet a need for its services and functions 
        in the area affected by the major disaster.
            [(3) Restriction on use for state or local 
        contribution.--Funds provided under this subsection 
        shall not be used for any State or local government 
        cost-sharing contribution required under this Act.]
    (a) Contributions.--The President may make contributions--
                    (1) to a State or local government for the 
                repair, restoration, reconstruction, or 
                replacement of a public facility that is 
                damaged or destroyed by a major disaster and 
                for management costs incurred by the 
                government; and
                    (2) 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 management costs incurred 
                by the person.
    (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) Decreased federal share.--In the case of a 
        State or local government that is unable or unwilling 
        to take appropriate steps promptly and efficiently to 
        complete the processing of claims for assistance under 
        this section, the President, after the end of the 3-
        year period beginning on the date of declaration of the 
        major disaster, may reduce the Federal share of 
        assistance under this section to a share of less than 
        75 percent, but greater than or equal to 50 percent, of 
        the eligible cost of repair, restoration, 
        reconstruction, or replacement carried out under this 
        section with respect to the major disaster.
    (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 be best 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 contribution in an amount 
                equal to 75 percent of the Federal share of the 
                cost of repairing, restoring, reconstructing, 
                or replacing the facility and of management 
                costs, as estimated by the President.
                    (B) Use of funds.--Funds made available to 
                a State or local government under this 
                paragraph may be used to repair, restore, or 
                expand other eligible public facilities, to 
                construct new facilities, or 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.
            (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 be best served by repairing, 
                restoring, reconstructing, or replacing the 
                facility, the person may elect to receive, in 
                lieu of a contribution under subsection (a)(2), 
                a contribution in an amount equal to 75 percent 
                of the Federal share of the cost of repairing, 
                restoring, reconstructing, or replacing the 
                facility and of management costs, as estimated 
                by the President.
                    (B) Use of funds.--Funds made available to 
                a person under this paragraph may be used to 
                repair, restore, or expand other eligible 
                private nonprofit facilities owned or operated 
                by the person, to construct new private 
                nonprofit facilities to be owned or operated by 
                the person, or to fund hazard mitigation 
                measures, that the person determines to be 
                necessary to meet a need for its services and 
                functions in the area affected by the major 
                disaster.
            (3) Modification of federal share to encourage use 
        of funds for mitigation activities.--
                    (A) In general.--Subject to subparagraph 
                (B), the President shall modify the Federal 
                share of the cost estimate provided in 
                paragraphs (1) and (2) with respect to a large 
                in-lieu contribution if the President 
                determines that the large in-lieu contribution 
                will be used for mitigation activities 
                consistent with the State plan under section 
                201(c).
                    (B) Limitation.--Under subparagraph (A), 
                the Federal share for the purposes of 
                paragraphs (1) and (2) shall not exceed 90 
                percent of the amount described in paragraph 
                (1)(A) or (2)(A).
    (d) Flood Insurance.--
            (1) Reduction of federal assistance.--If a public 
        facility or private nonprofit facility located in a 
        special flood hazard area identified for more than 1 
        year by the Director pursuant to the National Flood 
        Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is 
        damaged or destroyed, after the 180th day following the 
        date of the enactment of the Disaster Relief and 
        Emergency Assistance Amendments of 1988, by flooding in 
        a major disaster and such facility is not covered on 
        the date of such flooding by flood insurance, the 
        Federal assistance which would otherwise be available 
        under this section with respect to repair, restoration, 
        reconstruction, and replacement of such facility and 
        associated expenses shall be reduced in accordance with 
        paragraph (2).
            (2) Amount of reduction.--The amount of a reduction 
        in Federal assistance under this section with respect 
        to a facility shall be the lesser of--
                    (A) the value of such facility on the date 
                of the flood damage or destruction, or
                    (B) the maximum amount of insurance 
                proceeds which would have been payable with 
                respect to such facility if such facility had 
                been covered by flood insurance under the 
                National Flood Insurance Act of 1968 on such 
                date.
            (3) Exception.--Paragraphs (1) and (2) shall not 
        apply to a private nonprofit facility which is not 
        covered by flood insurance solely because of the local 
        government's failure to participate in the flood 
        insurance program established by the National Flood 
        Insurance Act.
            (4) Dissemination of information.--The President 
        shall disseminate information regarding the reduction 
        in Federal assistance provided for by this subsection 
        to State and local governments and the owners and 
        operators of private nonprofit facilities who may be 
        affected by such a reduction.
    [(e) Net Eligible Cost.--
            [(1) General rule.--For purposes of this section, 
        the cost of repairing, restoring, reconstructing, or 
        replacing a public facility or private nonprofit 
        facility on the basis of the design of such facility as 
        it existed immediately prior to the major disaster and 
        in conformity with current applicable codes, 
        specifications, and standards (including floodplain 
        management and hazard mitigation criteria required by 
        the President or by the Coastal Barrier Resources Act 
        (16 U.S.C. 3501 et seq.)) shall, at a minimum, be 
        treated as the net eligible cost of such repair, 
        restoration, reconstruction, or replacement.
            [(2) 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 such facility 
        shall include, for purposes of this section, only those 
        costs which, under the contract for such construction, 
        are the owner's responsibility and not the contractor's 
        responsibility.]
    (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 current 
                        applicable 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.)).
                    (B) Cost estimation procedures.--Subject to 
                paragraph (2), the President shall use the cost 
                estimation procedures developed under paragraph 
                (3) to make the estimate under subparagraph 
                (A).
            (2) Modification of eligible cost.--If the actual 
        cost of repairing, restoring, reconstructing, or 
        replacing a facility under this section is more than 
        120 percent or less than 80 percent of the cost 
        estimated under paragraph (1), the President may 
        determine that the eligible cost shall be the actual 
        cost of the repair, restoration, reconstruction, or 
        replacement.
            (3) Expert panel.--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, to develop procedures for 
        estimating the cost of repairing, restoring, 
        reconstructing, or replacing a facility consistent with 
        industry practices.
            (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.
            (5) Other eligible costs.--For purposes of this 
        section, the eligible cost of repairing, restoring, 
        reconstructing, or replacing a public facility or 
        private nonprofit facility includes the following:
                    (A) Costs of national guard.--The cost of 
                mobilizing and employing the National Guard for 
                performance of eligible work.
                    (B) Costs of prison labor.--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.
                    (C) Other labor costs.--Base and overtime 
                wages for an applicant's employees and extra 
                hires performing eligible work plus fringe 
                benefits on the wages to the extent that the 
                benefits were being paid before the major 
                disaster.
    [(f) Associated Expenses.--For purposes of this section, 
associated expenses include the following:
            [(1) Necessary costs.--Necessary costs of 
        requesting, obtaining, and administering Federal 
        assistance based on a percentage of assistance provided 
        as follows:
                    [(A) For an applicant whose net eligible 
                costs equal less than $100,000, 3 percent of 
                such net eligible costs.
                    [(B) For an applicant whose net eligible 
                costs equal $100,000 or more but less than 
                $1,000,000, $3,000 plus 2 percent of such net 
                eligible costs in excess of $100,000.
                    [(C) For an applicant whose net eligible 
                costs equal $1,000,000 or more but less than 
                $5,000,000, $21,000 plus 1 percent of such net 
                eligible costs in excess of $1,000,000.
                    [(D) For an applicant whose net eligible 
                costs equal $5,000,000 or more, $61,000 plus 
                \1/2\ percent of such net eligible costs in 
                excess of $5,000,000.
            [(2) Extraordinary costs.--Extraordinary costs 
        incurred by a State for preparation of damage survey 
        reports, final inspection reports, project 
        applications, final audits, and related field 
        inspections by State employees, including overtime pay 
        and per diem and travel expenses of such employees, but 
        not including pay for regular time of such employees, 
        based on the total amount of assistance provided under 
        sections 403, 404, 406, 407, 502, and 503 in such State 
        in connection with the major disaster as follows:
                    [(A) If such total amount is less than 
                $100,000, 3 percent of such total amount.
                    [(B) If such total amount is $100,000 or 
                more but less than $1,000,000, $3,000 plus 2 
                percent of such total amount in excess of 
                $100,000.
                    [(C) If such total amount is $1,000,000 or 
                more but less than $5,000,000, $21,000 plus 1 
                percent of such total amount in excess of 
                $1,000,000.
                    [(D) If such total amount is $5,000,000 or 
                more, $61,000 plus \1/2\ percent of such total 
                amount in excess of $5,000,000.
            [(3) Costs of national guard.--The costs of 
        mobilizing and employing the National Guard for 
        performance of eligible work.
            [(4) Costs of prison labor.--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.
            [(5) Other labor costs.--Base and overtime wages 
        for an applicant's employees and extra hires performing 
        eligible work plus fringe benefits on such wages to the 
        extent that such benefits were being paid before the 
        disaster.]

                             debris removal

    Sec. 407. (a) The President, whenever he determines it to 
be in the public interest, is authorized--
            (1) through the use of Federal departments, 
        agencies, and instrumentalities, to clear debris and 
        wreckage resulting from a major disaster from publicly 
        and privately owned lands and waters; and
            (2) to make grants to any State or local government 
        or owner or operator of a private nonprofit facility 
        for the purpose of removing debris or wreckage 
        resulting from a major disaster from publicly or 
        privately owned lands and waters.
    (b) No authority under this section shall be exercised 
unless the affected State or local government shall first 
arrange an unconditional authorization for removal of such 
debris or wreckage from public and private property, and, in 
the case of removal of debris or wreckage from private 
property, shall first agree to indemnify the Federal Government 
against any claim arising from such removal.
    (c) Rules Relating to Large Lots.--The President shall 
issue rules which provide for recognition of differences 
existing among urban, suburban, and rural lands in 
implementation of this section so as to facilitate adequate 
removal of debris and wreckage from large lots.
    (d) Federal Share.--The Federal share of assistance under 
this section shall be not less than 75 percent of the eligible 
cost of debris and wreckage removal carried out under this 
section.

                     [Temporary Housing Assistance

    [Sec.  408. (a) Provision of Temporary Housing.--
            [(1) In general.--The President may--
                    [(A) provide, by purchase or lease, 
                temporary housing (including unoccupied 
                habitable dwellings), suitable rental housing, 
                mobile homes, or other readily fabricated 
                dwellings to persons who, as a result of a 
                major disaster, require temporary housing; and
                    [(B) reimburse State and local governments 
                in accordance with paragraph (4) for the cost 
                of sites provided under paragraph (2).
            [(2) Mobile home site.--
                    [(A) In general.--Any mobile home or other 
                readily fabricated dwelling provided under this 
                section shall whenever possible be located on a 
                site which--
                            [(i) is provided by the State or 
                        local government; and
                            [(ii) has utilities 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) Other sites.--Mobile homes and other 
                readily fabricated dwellings may be located on 
                sites provided by the President if the 
                President determines that such sites would be 
                more economical or accessible than sites 
                described in subparagraph (A).
            [(3) Period.--Federal financial and operational 
        assistance under this section shall continue for not 
        longer than 18 months after the date of the major 
        disaster declaration by the President, unless the 
        President determines that due to extraordinary 
        circumstances it would be in the public interest to 
        extend such 18-month period.
            [(4) Federal share.--The Federal share of 
        assistance under this section shall be 100 percent; 
        except that the Federal share of assistance under this 
        section for construction and site development costs 
        (including installation of utilities) at a mobile home 
        group site shall be 75 percent of the eligible cost of 
        such assistance. The State or local government 
        receiving assistance under this section shall pay any 
        cost which is not paid for from the Federal share.
    [(b) Temporary Mortgage and Rental Payments.--The President 
is authorized to provide assistance on a temporary basis in the 
form of mortgage or rental payments to or on behalf of 
individuals and families who, as a result of financial hardship 
caused by a major disaster, have received written notice of 
dispossession or eviction from a residence by reason of a 
foreclosure of any mortgage or lien, cancellation of any 
contract of sale, or termination of any lease, entered into 
prior to such disaster. Such assistance shall be provided for 
the duration of the period of financial hardship but not to 
exceed 18 months.
    [(c) In Lieu Expenditures.--In lieu of providing other 
types of temporary housing after a major disaster, the 
President is authorized to make expenditures for the purpose of 
repairing or restoring to a habitable condition owner-occupied 
private residential structures made uninhabitable by a major 
disaster which are capable of being restored quickly to a 
habitable condition.
    [(d) Transfer of Temporary Housing.--
            [(1) Direct sale to occupants.--Notwithstanding any 
        other provision of law, any temporary housing acquired 
        by purchase may be sold directly to individuals and 
        families who are occupants of temporary housing at 
        prices that are fair and equitable, as determined by 
        the President.
            [(2) Transfers to states, local governments, and 
        voluntary organizations.--The President may sell or 
        otherwise make available temporary housing units 
        directly to States, other governmental entities, and 
        voluntary organizations. The President shall impose as 
        a condition of transfer under this paragraph a covenant 
        to comply with the provisions of section 308 requiring 
        nondiscrimination in occupancy of such temporary 
        housing units. Such disposition shall be limited to 
        units purchased under the provisions of subsection (a) 
        and to the purposes of providing temporary housing for 
        disaster victims in major disasters or emergencies.
    [(e) Notification.--
            [(1) In general.--Each person who applies for 
        assistance under this section shall be notified 
        regarding the type and amount of any assistance for 
        which such person qualifies. Whenever practicable, such 
        notice shall be provided within 7 days after the date 
        of submission of such application.
            [(2) Information.--Notification under this 
        subsection shall provide information regarding--
                    [(A) all forms of such assistance 
                available;
                    [(B) any specific criteria which must be 
                met to qualify for each type of assistance that 
                is available;
                    [(C) any limitations which apply to each 
                type of assistance; and
                    [(D) the address and telephone number of 
                offices responsible for responding to--
                            [(i) appeals of determinations of 
                        eligibility for assistance; and
                            [(ii) requests for changes in the 
                        type or amount of assistance provided.
    [(f) Location.--In providing assistance under this section, 
consideration shall be given to the location of and travel time 
to--
            [(1) the applicant's home and place of business;
            [(2) schools which the applicant or members of the 
        applicant's family who reside with the applicant 
        attend; and
            [(3) crops or livestock which the applicant tends 
        in the course of any involvement in farming which 
        provides 25 percent or more of the applicant's annual 
        income.]

            Federal Assistance to Individuals and Households

    Sec.  408. (a) General Authority.--In accordance with this 
section, the President, in consultation and coordination with 
the Governor of an affected State, may provide financial 
assistance, and, if necessary, direct services, to disaster 
victims who--
            (1) as a direct result of a major disaster have 
        necessary expenses and serious needs; and
            (2) are unable to meet the necessary expenses and 
        serious needs through other means, including insurance 
        proceeds or loan assistance from the Small Business 
        Administration.
    (b) Housing Assistance.--
            (1) Eligibility.--The President may provide 
        financial or other assistance under this section to 
        individuals and families to respond to the disaster-
        related housing needs of individuals and families 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.--The President shall determine appropriate 
        types of housing assistance to be provided to disaster 
        victims under this section based on considerations of 
        cost effectiveness, convenience to disaster victims, 
        and such other factors as the President considers to be 
        appropriate. One or more types of housing assistance 
        may be made available, based on the suitability and 
        availability of the types of assistance, to meet the 
        needs of disaster victims in a particular disaster 
        situation.
    (c) Types of Housing Assistance.--
            (1) Temporary housing.--
                    (A) Financial assistance.--
                            (i) In general.--The President may 
                        provide financial assistance under this 
                        section 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 sum of--
                                    (I) the fair market rent 
                                for the accommodation being 
                                provided; and
                                    (II) the cost of any 
                                transportation, utility 
                                hookups, or unit installation 
                                not being directly provided by 
                                the President.
                    (B) Direct assistance.--
                            (i) In general.--The President may 
                        directly provide under this section 
                        housing units, acquired by purchase or 
                        lease, 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.--
                                    (I) In general.--Subject to 
                                subclause (II), the President 
                                may not provide direct 
                                assistance under clause (i) 
                                with respect to a major 
                                disaster after the expiration 
                                of the 18-month period 
                                beginning on the date of the 
                                declaration of the major 
                                disaster by the President.
                                    (II) Extension of period.--
                                The President may extend the 
                                period under subclause (I) if 
                                the President determines that 
                                due to extraordinary 
                                circumstances an extension 
                                would be in the public 
                                interest.
                            (iii) Collection of rental 
                        charges.--After the expiration of the 
                        18-month period referred to in clause 
                        (ii), the President may charge fair 
                        market rent for the accommodation being 
                        provided.
            (2) Repairs.--
                    (A) In general.--The President may provide 
                financial assistance for the repair of owner-
                occupied primary residences, utilities, and 
                residential infrastructure (such as private 
                access routes) damaged by a major disaster to a 
                habitable or functioning condition.
                    (B) Emergency repairs.--To be eligible to 
                receive assistance under subparagraph (A), a 
                recipient shall not be required to demonstrate 
                that the recipient is unable to meet the need 
                for the assistance through other means, except 
                insurance proceeds, if the assistance--
                            (i) is used for emergency repairs 
                        to make a private primary residence 
                        habitable; and
                            (ii) does not exceed $5,000, as 
                        adjusted annually to reflect changes in 
                        the Consumer Price Index as reported by 
                        the Bureau of Labor Statistics of the 
                        Department of Labor.
            (3) Permanent housing construction.--The President 
        may provide financial assistance or direct assistance 
        under this section to individuals or households to 
        construct permanent housing in insular areas outside 
        the continental United States and 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 provided by the State or 
                        local government; and
                            (ii) is complete with utilities 
                        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.--
                Readily fabricated dwellings may be located on 
                sites provided by the President if the 
                President determines that the sites 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 needs 
                        permanent housing.
                            (ii) Sales price.--Sales of 
                        temporary housing units under clause 
                        (i) shall be accomplished at prices 
                        that are fair and equitable.
                            (iii) Deposit of proceeds.--
                        Notwithstanding any other provision of 
                        law, the proceeds of a sale under 
                        clause (i) shall be deposited into the 
                        appropriate Disaster Relief Fund 
                        account.
                            (iv) 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.--
                            (i) Sale.--If not disposed of under 
                        subparagraph (A), a temporary housing 
                        unit purchased by the President for the 
                        purpose of housing disaster victims may 
                        be resold.
                            (ii) Disposal to governments and 
                        voluntary organizations.--A temporary 
                        housing unit described in clause (i) 
                        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, 
                        donation, or other making available, 
                        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 and coordination with the 
        Governor of the affected State, may provide financial 
        assistance under this section to an individual or 
        household 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 and 
        coordination with the Governor of the affected 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.--The President shall provide for the 
substantial and ongoing involvement of the affected State in 
administering assistance under this section.
    (g) Maximum Amount of Assistance.--The maximum amount of 
financial assistance that an individual or household may 
receive under this section with respect to a single major 
disaster shall be $25,000, as adjusted annually to reflect 
changes in the Consumer Price Index for all Urban Consumers 
published by the Department of Labor.
    (h) Issuance of Regulations.--The President shall issue 
rules and regulations to carry out the program established by 
this section, including criteria, standards, and procedures for 
determining eligibility for assistance.

          minimum standards for public and private structures

    Sec. 409. As a condition of any disaster loan or grant made 
under the provisions of this Act, the recipient shall agree 
that any repair or construction to be financed therewith shall 
be in accordance with applicable standards of safety, decency, 
and sanitation and in conformity with applicable codes, 
specifications, and standards, and shall furnish such evidence 
of compliance with this section as may be required by 
regulation. As a further condition of any loan or grant made 
under the provisions of this Act, the State or local government 
shall agree that the natural hazards in the areas in which the 
proceeds of the grants or loans are to be used shall be 
evaluated and appropriate action shall be taken to mitigate 
such hazards, including safe land-use and construction 
practices, in accordance with standards prescribed or approved 
by the President after adequate consultation with the 
appropriate elected officials of general purpose local 
governments, and the State shall furnish such evidence of 
compliance with this section as may be required by regulation.

                        unemployment assistance

    Sec. 410. (a) The President is authorized to provide to any 
individual unemployed as a result of a major disaster such 
benefit assistance as he deems appropriate while such 
individual is unemployed for the weeks of such unemployment 
with respect to which the individual is not entitled to any 
other unemployment compensation (as that term is defined in 
section 85(b) of the Internal Revenue Code of 1986) or waiting 
period credit. Such assistance as the President shall provide 
shall be available to an individual as long as the individual's 
unemployment caused by the major disaster continues or until 
the individual is reemployed in a suitable position, but no 
longer than 26 weeks after the major disaster is declared. Such 
assistance for a week of unemployment shall not exceed the 
maximum weekly amount authorized under the unemployment 
compensation law of the State in which the disaster occurred. 
The President is directed to provide such assistance through 
agreements with States which, in his judgment, have an adequate 
system for administering such assistance through existing State 
agencies.
  (b) Reemployment Assistance.--
          (1) State assistance.--A State shall provide, without 
        reimbursement from any funds provided under this Act, 
        reemployment assistance services under any other law 
        administered by the State to individuals receiving 
        benefits under this section.
          (2) Federal assistance.--The President may provide 
        reemployment assistance services under other laws to 
        individuals who are unemployed as a result of a major 
        disaster and who reside in a State which does not 
        provide such services.

                 [Individual and Family Grant Programs

    [Sec.  411. (a) In General.--The President is authorized to 
make a grant to a State for the purpose of making grants to 
individuals or families adversely affected by a major disaster 
for meeting disaster-related necessary expenses or serious 
needs of such individuals or families in those cases where such 
individuals or families are unable to meet such expenses or 
needs through assistance under other provisions of this Act or 
through other means.
  [(b) Cost Sharing.--
          [(1) Federal share.--The Federal share of a grant to 
        an individual or a family under this section shall be 
        equal to 75 percent of the actual cost incurred.
          [(2) State contribution.--The Federal share of a 
        grant under this section shall be paid only on 
        condition that the remaining 25 percent of the cost is 
        paid to an individual or family from funds made 
        available by a State.
  [(c) Regulations.--The President shall promulgate regulations 
to carry out this section and such regulations shall include 
national criteria, standards, and procedures for the 
determination of eligibility for grants and the administration 
of grants under this section.
  [(d) Administrative Expenses.--A State may expend not to 
exceed 5 percent of any grant made by the President to it under 
subsection (a) for expenses of administering grants to 
individuals and families under this section.
  [(e) Administration Through Governor.--The Governor of a 
State shall administer the grant program authorized by this 
section in the State.
  [(f) Limit on Grants to Individual.--No individual or family 
shall receive grants under this section aggregating more than 
$10,000 with respect to any single major disaster. Such $10,000 
limit shall annually be adjusted to reflect changes in the 
Consumer Price Index for All Urban Consumers published by the 
Department of Labor.]
    Sec.  411. [Repealed.]

                     food coupons and distribution

    Sec. 412. (a) Whenever the President determines that, as a 
result of a major disaster, low-income households are unable to 
purchase adequate amounts of nutritious food, he is authorized, 
under such terms and conditions as he may prescribe, to 
distribute through the Secretary of Agriculture or other 
appropriate agencies coupon allotments to such households 
pursuant to the provisions of the Food Stamp Act of 1964 (P.L. 
91-671; 84 Stat. 2048) and to make surplus commodities 
available pursuant to the provisions of this Act.
    (b) The President, through the Secretary of Agriculture or 
other appropriate agencies, is authorized to continue to make 
such coupon allotments and surplus commodities available to 
such households for so long as he determines necessary, taking 
into consideration such factors as he deems appropriate, 
including the consequences of the major disaster on the earning 
power of the households, to which assistance is made available 
under this section.
    (c) Nothing in this section shall be construed as amending 
or otherwise changing the provisions of the Food Stamp Act of 
1964 except as they relate to the availability of food stamps 
in an area affected by a major disaster.

                            food commodities

    Sec. 413. (a) The President is authorized and directed to 
assure that adequate stocks of food will be ready and 
conveniently available for emergency mass feeding or 
distribution in any area of the United States which suffers a 
major disaster or emergency.
    (b) The Secretary of Agriculture shall utilize funds 
appropriated under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), to purchase food commodities necessary to provide 
adequate supplies for use in any area of the United States in 
the event of a major disaster or emergency in such area.

                         relocation assistance

    Sec. 414. Notwithstanding any other provision of law, no 
person otherwise eligible for any kind of replacement housing 
payment under the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (P.L. 91-646) shall 
be denied such eligibility as a result of his being unable, 
because of a major disaster as determined by the President, to 
meet the occupancy requirements set by such Act.

                             legal services

    Sec. 415. Whenever the President determines that low-income 
individuals are unable to secure legal services adequate to 
meet their needs as a consequence of a major disaster, 
consistent with the goals of the programs authorized by this 
Act, the President shall assure that such programs are 
conducted with the advice and assistance of appropriate Federal 
agencies and State and local bar associations.

               crisis counseling assistance and training

    Sec. 416. The President is authorized to provide 
professional counseling services, including financial 
assistance to State or local agencies or private mental health 
organizations to provide such services or training of disaster 
workers, to victims of major disasters in order to relieve 
mental health problems caused or aggravated by such major 
disaster or its aftermath.

                       [community disaster loans

    [Sec.  417. (a) The President is authorized to make loans 
to any local government which may suffer a substantial loss of 
tax and other revenues as a result of a major disaster, and has 
demonstrated a need for financial assistance in order to 
perform its governmental functions. The amount of any such loan 
shall be based on need, and shall not exceed 25 per centum of 
the annual operating budget of that local government for the 
fiscal year in which the major disaster occurs. Repayment of 
all or any part of such loan to the extent that revenues of the 
local government during the three full fiscal year period 
following the major disaster are insufficient to meet the 
operating budget of the local government, including additional 
disaster-related expenses of a municipal operation character 
shall be cancelled.
    [(b) Any loans made under this section shall not reduce or 
otherwise affect any grants or other assistance under this 
Act.]
    Sec.  417. [Repealed.]

                        emergency communications

    Sec. 418. The President is authorized during, or in 
anticipation of, an emergency or major disaster to establish 
temporary communications systems and to make such 
communications available to State and local government 
officials and other persons as he deems appropriate.

                    emergency public transportation

    Sec. 419. The President is authorized to provide temporary 
public transportation service in an area affected by a major 
disaster to meet emergency needs and to provide transportation 
to governmental offices, supply centers, stores, post offices, 
schools, major employment centers, and such other places as may 
be necessary in order to enable the community to resume its 
normal pattern of life as soon as possible.

                        [fire suppression grants

    [Sec.  420. The President is authorized to provide 
assistance, including grants, equipment, supplies, and 
personnel, to any State for the suppression of any fire on 
publicly or privately owned forest or grassland which threatens 
such destruction as would constitute a major disaster.]

                      Fire Suppression Assistance

    Sec.  420. (a) In General.--The President is authorized to 
provide assistance, including grants, equipment, supplies, and 
personnel, to any State or local government for the suppression 
of any fire on a publicly or privately owned forest or 
grassland that threatens such destruction as would constitute a 
major disaster.
    (b) Essential Assistance.--In providing assistance under 
this section, the President may use the authority provided 
under section 403.
    (c) Rules and Regulations.--The President shall prescribe 
such rules and regulations as are necessary to carry out this 
section.

                         timber sale contracts

    Sec. 421. (a) Where an existing timber sale contract 
between the Secretary of Agriculture or the Secretary of the 
Interior and a timber purchaser does not provide relief from 
major physical change not due to negligence of the purchaser 
prior to approval of construction of any section of specified 
road or of any other specified development facility and, as a 
result of a major disaster, a major physical change results in 
additional construction work in connection with such road or 
facility by such purchaser with an estimated cost, as 
determined by the appropriate Secretary, (1) of more than 
$1,000 for sales under one million board feet, (2) of more than 
$1 per thousand board feet for sales of one to three million 
board feet, or (3) of more than $3,000 for sales over three 
million board feet, such increased construction cost shall be 
borne by the United States.
    (b) If the appropriate Secretary determines that damages 
are so great that restoration, reconstruction, or construction 
is not practical under the cost-sharing arrangement authorized 
by subsection (a) of this section, he may allow cancellation of 
a contract entered into by his Department not withstanding 
contrary provisions therein.
    (c) The Secretary of Agriculture is authorized to reduce to 
seven days the minimum period of advance public notice required 
by the first section of the Act of June 4, 1897 (16 U.S.C. 
476), in connection with the sale of timber from national 
forests, whenever the Secretary determines that (1) the sale of 
such timber will assist in the construction of any area of a 
State damaged by a major disaster, (2) the sale of such timber 
will assist in sustaining the economy of such area, or (3) the 
sale of such timer is necessary to salvage the value of timber 
damaged in such major disaster or to protect undamaged timber.
    (d) The President, when he determines it to be in the 
public interest, is authorized to make grants to any State or 
local government for the purpose of removing from privately 
owned lands timber damaged as a result of a major disaster, and 
such State or local government is authorized upon application, 
to make payments out of such grants to any person for 
reimbursement of expenses actually incurred by such person in 
the removal of damaged timber, not to exceed the amount that 
such expenses exceed the salvage value of such timber.

                         [Simplified Procedure

    [Sec.  422. If the Federal estimate of the cost of--
            [(1) repairing, restoring, reconstructing, or 
        replacing under section 406 any damaged or destroyed 
        public facility or private nonprofit facility,
            [(2) emergency assistance under section 403 or 502, 
        or
            [(3) debris removed under section 407,
is less than $35,000, the President (on application of the 
State or local government or the owner or operator of the 
private nonprofit facility) may make the contribution to such 
State or local government or owner or operator under section 
403, 406, 407, or 502, as the case may be, on the basis of such 
Federal estimate. Such $35,000 amount shall be adjusted 
annually to reflect changes in the Consumer Price Index for All 
Urban Consumers published by the Department of Labor.]
    Sec.  422. [Repealed.]

                    Appeals of Assistance Decisions

    Sec. 423. (a) Right of Appeal.--Any decision regarding 
eligibility for, from, or amount of assistance under this title 
may be appealed within 60 days after the date on which the 
applicant for such assistance is notified of the award or 
denial of award of such assistance.
    (b) Period for Decision.--A decision regarding an appeal 
under subsection (a) shall be rendered within 90 days after the 
date on which the Federal official designated to administer 
such appeals receives notice of such appeal.
    (c) Rules.--The President shall issue rules which provide 
for the fair and impartial consideration of appeals under this 
section.

     Date of Eligibility; Expenses Incurred Before Date of Disaster.

    Sec. 424. Eligibility for Federal assistance under this 
title shall begin on the date of the occurrence of the event 
which results in a declaration by the President that a major 
disaster exists; except that reasonable expenses which are 
incurred in anticipation of and immediately preceding such 
event may be eligible for Federal assistance under this Act.

                 TITLE V--EMERGENCY ASSISTANCE PROGRAMS

                       Procedure for Declaration

    Sec. 501. (a) Request and Declaration.--All requests for a 
declaration by the President that an emergency exists shall be 
made by the Governor of the affected State. Such a request 
shall be based on a finding that the situation is of such 
severity and magnitude that effective response is beyond the 
capabilities of the State and the affected local governments 
and that Federal assistance is necessary. As a part of such 
request, and as a prerequisite to emergency assistance under 
this Act, the Governor shall take appropriate action under 
State law and direct execution of the State's emergency plan. 
The Governor shall furnish information describing the State and 
local efforts and resources which have been or will be used to 
alleviate the emergency, and will define the type and extent of 
Federal aid required. Based upon such Governor's request, the 
President may declare that an emergency exists.
    (b) Certain Emergencies Involving Federal Primary 
Responsibility.--The President may exercise any authority 
vested in him by section 502 or section 503 with respect to an 
emergency when he determines that an emergency exists for which 
the primary responsibility for response rests with the United 
States because the emergency involves a subject area for which, 
under the Constitution or laws of the United States, the United 
States exercises exclusive or preeminent responsibility and 
authority. In determining whether or not such an emergency 
exists, the President shall consult the Governor of any 
affected State, if practicable. The President's determination 
may be made without regard to subsection (a).

                      Federal Emergency Assistance

    Sec. 502. (a) Specified.--In any emergency, the President 
may--
            (1) direct any Federal agency, with or without 
        reimbursement, to utilize its authorities and the 
        resources granted to it under Federal law (including 
        personnel, equipment, supplies, facilities, and 
        managerial, technical and advisory services) in support 
        of State and local emergency assistance efforts to save 
        lives, protect property and public health and safety, 
        and lessen or avert the threat of a catastrophe;
            (2) coordinate all disaster relief assistance 
        (including voluntary assistance) provided by Federal 
        agencies, private organizations, and State and local 
        governments;
            (3) provide technical and advisory assistance to 
        affected State and local governments for--
                    (A) the performance of essential community 
                services;
                    (B) issuance of warnings of risks or 
                hazards;
                    (C) public health and safety information, 
                including dissemination of such information;
                    (D) provision of health and safety 
                measures; and
                    (E) management, control, and reduction of 
                immediate threats to public health and safety;
            (4) provide emergency assistance through Federal 
        agencies;
            (5) remove debris in accordance with the terms and 
        conditions of section 407;
            (6) provide [temporary housing] assistance in 
        accordance with section 408; and
            (7) assist State and local governments in the 
        distribution of medicine, food, and other consumable 
        supplies, and emergency assistance.
    (b) General.--Whenever the Federal assistance provided 
under subsection (a) with respect to an emergency is 
inadequate, the President may also provide assistance with 
respect to efforts to save lives, protect property and public 
health and safety, and lessen or avert the threat of a 
catastrophe.

                          Amount of Assistance

    Sec. 503. (a) Federal Share.--The Federal share for 
assistance provided under this title shall be equal to not less 
than 75 percent of the eligible costs.
    (b) Limit on Amount of Assistance.--
            (1) In general.--Except as provided in paragraph 
        (2), total assistance provided under this title for a 
        single emergency shall not exceed $5,000,000.
            (2) Additional assistance.--The limitation 
        described in paragraph (1) may be exceeded when the 
        President determines that--
                    (A) continued emergency assistance is 
                immediately required;
                    (B) there is a continuing and immediate 
                risk to lives, property, public health or 
                safety; and
                    (C) necessary assistance will not otherwise 
                be provided on a timely basis.
            (3) Report.--Whenever the limitation described in 
        paragraph (1) is exceeded, the President shall report 
        to the Congress on the nature and extent of emergency 
        assistance requirements and shall propose additional 
        legislation if necessary.

                    TITLE VI--EMERGENCY PREPAREDNESS

                         Declaration of Policy

    Sec. 601. The purpose of this title is to provide a system 
of emergency preparedness for the protection of life and 
property in the United States from hazards and to vest 
responsibility for emergency preparedness jointly in the 
Federal Government and the States and their political 
subdivisions. The Congress recognizes that the organizational 
structure established jointly by the Federal Government and the 
States and their political subdivisions for emergency 
preparedness purposes can be effectively utilized to provide 
relief and assistance to people in areas of the United States 
struck by a hazard. The Federal Government shall provide 
necessary direction, coordination, and guidance, and shall 
provide necessary assistance, as authorized in this title so 
that a comprehensive emergency preparedness system exists for 
all hazards.

                              Definitions

    Sec. 602. (a) Definitions.--For purposes of this title 
only:
            (1) Hazard.--The term ``hazard'' means an emergency 
        or disaster resulting from--
                    (A) a natural disaster; or
                    (B) an accidental or man-caused event.
            (2) Natural disaster.--The term ``natural 
        disaster'' means any hurricane, tornado, storm, flood, 
        high water, wind-driven water, tidal wave, tsunami, 
        earthquake, volcanic eruption, landslide, mudslide, 
        snowstorm, drought, fire, or other catastrophe in any 
        part of the United States which causes, or which may 
        cause, substantial damage or injury to civilian 
        property or persons.
            (3) Emergency preparedness.--The term ``emergency 
        preparedness'' means all those activities and measures 
        designed or undertaken to prepare for or minimize the 
        effects of a hazard upon the civilian population, to 
        deal with the immediate emergency conditions which 
        would be created by the hazard, and to effectuate 
        emergency repairs to, or the emergency restoration of, 
        vital utilities and facilities destroyed or damaged by 
        the hazard. Such term includes the following:
                    (A) Measures to be undertaken in 
                preparation for anticipated hazards (including 
                the establishment of appropriate organizations, 
                operational plans, and supporting agreements, 
                the recruitment and training of personnel, the 
                conduct of research, the procurement and 
                stockpiling of necessary materials and 
                supplies, the provision of suitable warning 
                systems, the construction or preparation of 
                shelters, shelter areas, and control centers, 
                and, when appropriate, the non-military 
                evacuation of the civilian population).
                    (B) Measures to be undertaken during a 
                hazard (including the enforcement of passive 
                defense regulations prescribed by duly 
                established military or civil authorities, the 
                evacuation of personnel to shelter areas, the 
                control of traffic and panic, and the control 
                and use of lighting and civil communications).
                    (C) Measures to be undertaken following a 
                hazard (including activities for fire fighting, 
                rescue, emergency medical, health and 
                sanitation services, monitoring for specific 
                dangers of special weapons, unexploded bomb 
                reconnaissance, essential debris clearance, 
                emergency welfare measures, and immediately 
                essential emergency repair or restoration of 
                damaged vital facilities).
            (4) Organizational equipment.--The term 
        ``organizational equipment'' means equipment determined 
        by the Director to be necessary to an emergency 
        preparedness organization, as distinguished from 
        personal equipment, and of such a type or nature as to 
        require it to be financed in whole or in part by the 
        Federal Government. Such term does not include those 
        items which the local community normally uses in 
        combating local disasters, except when required in 
        unusual quantities dictated by the requirements of the 
        emergency preparedness plans.
            (5) Materials.--The term ``materials'' includes raw 
        materials, supplies, medicines, equipment, component 
        parts and technical information and processes necessary 
        for emergency preparedness.
            (6) Facilities.--The term ``facilities'', except as 
        otherwise provided in this title, includes buildings, 
        shelters, utilities, and land.
            (7) Director.--The term ``Director'' means the 
        Director of the Federal Emergency Management Agency.
            (8) Neighboring countries.--The term ``neighboring 
        countries'' includes Canada and Mexico.
            (9) United states and states.--The terms ``United 
        States'' and ``States'' includes the several States, 
        the District of Columbia, and territories and 
        possessions of the United States.
            (10) State.--The term ``State'' includes interstate 
        emergency preparedness authorities established under 
        section 611(h).
    (b) Cross Reference.--The terms ``national defense'' and 
``defense,'' as used in the Defense Production Act of 1950 (50 
U.S.C. App. 2061 et seq.), includes emergency preparedness 
activities conducted pursuant to this title.

                        Administration of Title

    Sec. 603. This title shall be carried out by the Director 
of the Federal Emergency Management Agency.
Subtitle A--Powers and Duties

                  Detailed Functions of Administration

    Sec. 611. (a) In General.--In order to carry out the policy 
described in section 601, the Director shall have the 
authorities provided in this section.
    (b) Federal Emergency Response Plans and Programs.--The 
Director may prepare Federal response plans and programs for 
the emergency preparedness of the United States and sponsor and 
direct such plans and programs. To prepare such plans and 
programs and coordinate such plans and programs with State 
efforts, the Director may request such reports on State plans 
and operations for emergency preparedness as may be necessary 
to keep the President, Congress, and the States advised of the 
status of emergency preparedness in the United States.
    (c) Delegation of Emergency Preparedness 
Responsibilities.--With the approval of the President, the 
Director may delegate to other departments and agencies of the 
Federal Government appropriate emergency preparedness 
responsibilities and review and coordinate the emergency 
preparedness activities of the departments and agencies with 
each other and with the activities of the States and 
neighboring countries.
    (d) Communications and Warnings.--The Director may make 
appropriate provision for necessary emergency preparedness 
communications and for dissemination of warnings to the 
civilian population of a hazard.
    (e) Emergency Preparedness Measures.--The Director may 
study and develop emergency preparedness measures designed to 
afford adequate protection of life and property, including--
            (1) research and studies as to the best methods of 
        treating the effects of hazards;
            (2) developing shelter designs and materials for 
        protective covering or construction; and
            (3) developing equipment or facilities and 
        effecting the standardization thereof to meet emergency 
        preparedness requirements.
    (f) Training Programs.--(1) The Director may--
            (A) conduct or arrange, by contract or otherwise, 
        for training programs for the instruction of emergency 
        preparedness officials and other persons in the 
        organization, operation, and techniques of emergency 
        preparedness;
            (B) conduct or operate schools or including the 
        payment of travel expenses, in accordance with 
        subchapter I of chapter 57 of title 5, United States 
        Code, and the Standardized Government Travel 
        Regulations, and per diem allowances, in lieu of 
        subsistence for trainees in attendance or the 
        furnishing of subsistence and quarters for trainees and 
        instructors on terms prescribed by the Director; and
            (C) provide instructors and training aids as 
        necessary.
    (2) The terms prescribed by the Director for the payment of 
travel expenses and per diem allowances authorized by this 
subsection shall include a provision that such payment shall 
not exceed one-half of the total cost of such expenses.
    (3) The Director may lease real property required for the 
purpose of carrying out this subsection, but may not acquire 
fee title to property unless specifically authorized by law.
    (g) Public Dissemination of Emergency Preparedness 
Information.--The Director may publicly disseminate appropriate 
emergency preparedness information by all appropriate means.
    (h) Interstate Emergency Preparedness Compacts.--(1) The 
Director may--
            (A) assist and encourage the States to negotiate 
        and enter into interstate emergency preparedness 
        compacts;
            (B) review the terms and conditions of such 
        proposed compacts in order to assist, to the extent 
        feasible, in obtaining uniformity between such compacts 
        and consistency with Federal emergency response plans 
        and programs;
            (C) assist and coordinate the activities under such 
        compacts; and
            (D) aid and assist in encouraging reciprocal 
        emergency preparedness legislation by the States which 
        will permit the furnishing of mutual aid for emergency 
        preparedness purposes in the event of a hazard which 
        cannot be adequately met or controlled by a State or 
        political subdivision thereof threatened with or 
        experiencing a hazard.
    (2) A copy of each interstate emergency preparedness 
compact shall be transmitted promptly to the Senate and the 
House of Representatives. The consent of Congress is deemed to 
be granted to each such compact upon the expiration of the 60-
day period beginning on the date on which the compact is 
transmitted to Congress.
    (3) Nothing in this subsection shall be construed as 
preventing Congress from disapproving, or withdrawing at any 
time its consent to, any interstate emergency preparedness 
compact.
    (i) Materials and Facilities.--(1) The Director may procure 
by condemnation or otherwise, construct, lease, transport, 
store, maintain, renovate or distribute materials and 
facilities for emergency preparedness, with the right to take 
immediate possession thereof.
    (2) Facilities acquired by purchase, donation, or other 
means of transfer may be occupied, used, and improved for the 
purposes of this title before the approval of title by the 
Attorney General as required by section 355 of the Revised 
Statutes (40 U.S.C. 255).
    (3) The Director may lease real property required for the 
purpose of carrying out the provisions of this subsection, but 
shall not acquire fee title to property unless specifically 
authorized by law.
    (4) The Director may procure and maintain under this 
subsection radiological, chemical, bacteriological, and 
biological agent monitoring and decontamination devices and 
distribute such devices by loan or grant to the States for 
emergency preparedness purposes, under such terms and 
conditions as the Director shall prescribe.
    (j) Financial Contributions.--(1) The Director may make 
financial contributions, on the basis of programs or projects 
approved by the Director, to the States for emergency 
preparedness purposes, including the procurement, construction, 
leasing, or renovating of materials and facilities. Such 
contributions shall be made on such terms or conditions as the 
Director shall prescribe, including the method of purchase, the 
quantity, quality, or specifications of the materials or 
facilities, and such other factors or care or treatment to 
assure the uniformity, availability, and good condition of such 
materials or facilities.
    (2) No contribution may be made under this subsection for 
the procurement of land or for the purchase of personal 
equipment for State or local emergency preparedness workers.
    (3) The amounts authorized to be contributed by the 
Director to each State for organizational equipment shall be 
equally matched by such State from any source it determines is 
consistent with its laws.
    (4) Financial contributions to the States for shelters and 
other protective facilities shall be determined by taking the 
amount of funds appropriated or available to the Director for 
such facilities in each fiscal year and apportioning such funds 
among the States in the ratio which the urban population of the 
critical target areas (as determined by the Director) in each 
State, at the time of the determination, bears to the total 
urban population of the critical target areas of all of the 
States.
    (5) The amounts authorized to be contributed by the 
Director to each State for such shelters and protective 
facilities shall be equally matched by such State from any 
source it determines is consistent with its laws and, if not 
matched within a reasonable time, the Director may reallocate 
such amounts to other States under the formula described in 
paragraph (4). The value of any land contributed by any State 
or political subdivision thereof shall be excluded from the 
computation of the State share under this subsection.
    (6) The amounts paid to any State under this subsection 
shall be expended solely in carrying out the purposes set forth 
herein and in accordance with State emergency preparedness 
programs or projects approved by the Director. The Director 
shall make no contribution toward the cost of any program or 
project for the procurement, construction, or leasing of any 
facility which (A) is intended for use, in whole or in part, 
for any purpose other than emergency preparedness, and (B) is 
of such kind that upon completion it will, in the judgment of 
the Director, be capable of producing sufficient revenue to 
provide reasonable assurance of the retirement or repayment of 
such cost; except that (subject to the preceding provisions of 
this subsection) the Director may make a contribution to any 
State toward that portion of the cost of the construction, 
reconstruction, or enlargement of any facility which the 
Director determines to be directly attributable to the 
incorporation in such facility of any feature of construction 
or design not necessary for the principal intended purpose 
thereof but which is, in the judgment of the Director necessary 
for the use of such facility for emergency preparedness 
purposes.
    (7) The Director shall submit to Congress a report, at 
least annually, regarding all contributions made pursuant to 
this subsection.
    (8) All laborers and mechanics employed by contractors or 
subcontractors in the performance of construction work financed 
with the assistance of any contribution of Federal funds made 
by the Director under this subsection shall be paid wages at 
rates not less than those prevailing on similar construction in 
the locality as determined by the Secretary of Labor in 
accordance with the Act of March 3, 1931 (commonly known as the 
Davis-Bacon Act (40 U.S.C. 276a-276a-5)), and every such 
employee shall receive compensation at a rate not less than one 
and \1/2\ times the basic rate of pay of the employee for all 
hours worked in any workweek in excess of eight hours in any 
workday or 40 hours in the workweek, as the case may be. The 
Director shall make no contribution of Federal funds without 
first obtaining adequate assurance that these labor standards 
will be maintained upon the construction work. The Secretary of 
Labor shall have, with respect to the labor standards specified 
in this subsection, the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and 
section 2 of the Act of June 13, 1934 (40 U.S.C. 276(c)).
    (k) Sale or Disposal of Certain Materials and Facilities.--
The Director may arrange for the sale or disposal of materials 
and facilities found by the Director to be unnecessary or 
unsuitable for emergency preparedness purposes in the same 
manner as provided for excess property under the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 471 
et seq.). Any funds received as proceeds from the sale or other 
disposition of such materials and facilities shall be deposited 
into the Treasury as miscellaneous receipts.

       Mutual Aid Pacts Between States and Neighboring Countries

    Sec. 612. The Director shall give all practicable 
assistance to States in arranging, through the Department of 
State, mutual emergency preparedness aid between the States and 
neighboring countries.

        Contributions for Personnel and Administrative Expenses

    Sec. 613. (a) General Authority.--To further assist in 
carrying out the purposes of this title, the Director may make 
financial contributions to the States (including interstate 
emergency preparedness authorities established pursuant to 
section 611(h)) for necessary and essential State and local 
emergency preparedness personnel and administrative expenses, 
on the basis of approved plans (which shall be consistent with 
the Federal emergency response plans for emergency 
preparedness) for the emergency preparedness of the States. The 
financial contributions to the States under this section may 
not exceed one-half of the total cost of such necessary and 
essential State and local emergency preparedness personnel and 
administrative expenses.
    (b) Plan Requirements.--A plan submitted under this section 
shall--
            (1) provide, pursuant to State law, that the plan 
        shall be in effect in all political subdivisions of the 
        State and be mandatory on them and be administered or 
        supervised by a single State agency;
            (2) provide that the State shall share the 
        financial assistance with that provided by the Federal 
        Government under this section from any source 
        determined by it to be consistent with State law;
            (3) provide for the development of State and local 
        emergency preparedness operational plans, pursuant to 
        standards approved by the Director;
            (4) provide for the employment of a full-time 
        emergency preparedness director, or deputy director, by 
        the State;
            (5) provide that the State shall make such reports 
        in such form and content as the Director may require; 
        and
            (6) make available to duly authorized 
        representatives of the Director and the Comptroller 
        General, books, records, and papers necessary to 
        conduct audits for the purposes of this section.
    (c) Terms and Conditions.--The Director shall establish 
such other terms and conditions as the Director considers 
necessary and proper to carry out this section.
    (d) Application of Other Provisions.--In carrying out this 
section, the provisions of section 611(h) and 621(h) shall 
apply.
    (e) Allocation of Funds.--For each fiscal year concerned, 
the Director shall allocate to each State, in accordance with 
regulations and the total sum appropriated under this title, 
amounts to be made available to the States for the purposes of 
this section. Regulations governing allocations to the States 
under this subsection shall give due regard to (1) the 
criticality of the areas which may be affected by hazards with 
respect to the development of the total emergency preparedness 
readiness of the United States, (2) the relative state of 
development of emergency preparedness readiness of the State, 
(3) population, and (4) such other factors as the Director 
shall prescribe. The Director may reallocate the excess of any 
allocation not used by a State in a plan submitted under this 
section. Amounts paid to any State or political subdivision 
under this section shall be expended solely for the purposes 
set forth in this section.
    (f) Submission of Plan.--If a State fails to submit a plan 
for approval as required by this section within 60 days after 
the Director notifies the States of the allocations under this 
section, the Director may reallocate such funds, or portions 
thereof, among the other States in such amounts as, in the 
judgment of the Director, will best assure the adequate 
development of the emergency preparedness capability of the 
United States.
    (g) Annual Reports.--The Director shall report annually to 
the Congress all contributions made pursuant to this section.

  Requirement for State Matching Funds for Construction of Emergency 
                           Operating Centers

    Sec. 614. Notwithstanding any other provision of this 
title, funds appropriated to carry out this title may not be 
used for the purpose of constructing emergency operating 
centers (or similar facilities) in any State unless such State 
matches in an equal amount the amount made available to such 
State under this title for such purpose.

           Use of Funds to Prepare for and Respond to Hazards

    Sec. 615. Funds made available to the States under this 
title may be used by the States for the purposes of preparing 
for hazards and providing emergency assistance in response to 
hazards. Regulations prescribed to carry out this section shall 
authorize the use of emergency preparedness personnel, 
materials, and facilities supported in whole or in part through 
contributions under this title for emergency preparedness 
activities and measures related to hazards.

                     Subtitle B--General Provisions

                        Administrative Authority

    Sec. 621. (a) In General.--For the purpose of carrying out 
the powers and duties assigned to the Director under this 
title, the Director may exercise the administrative authorities 
provided under this section.
    (b) Advisory Personnel.--(1) The Director may employ not 
more than 100 part-time or temporary advisory personnel 
(including not to exceed 25 subjects of the United Kingdom or 
citizens of Canada) as the Director considers to be necessary 
in carrying out the provisions of this title.
    (2) Persons holding other offices or positions under the 
United States for which they receive compensation, while 
serving as advisory personnel, shall receive no additional 
compensation for such service. Other part-time or temporary 
advisory personnel so employed may serve without compensation 
or may receive compensation at a rate not to exceed $180 for 
each day of service, plus authorized subsistence and travel, as 
determined by the Director.
    (c) Services of Other Agency Personnel and Volunteers.--The 
Director may--
            (1) use the services of Federal agencies and, with 
        the consent of any State or local government, accept 
        and use the services of State and local agencies;
            (2) establish and use such regional and other 
        offices as may be necessary; and
            (3) use such voluntary and uncompensated services 
        by individuals or organizations as may from time to 
        time be needed.
    (d) Gifts.--Notwithstanding any other provision of law, the 
Director may accept gifts of supplies, equipment, and 
facilities and may use or distribute such gifts for emergency 
preparedness purposes in accordance with the provisions of this 
title.
    (e) Reimbursement.--The Director may reimburse any Federal 
agency for any of its expenditures or for compensation of its 
personnel and use or consumption of its materials and 
facilities under this title to the extent funds are available.
    (f) Printing.--The Director may purchase such printing, 
binding, and blank-book work from public, commercial, or 
private printing establishments or binderies as the Director 
considers necessary upon orders placed by the Public Printer or 
upon waivers issued in accordance with section 504 of title 44, 
United States Code.
    (g) Rules and Regulations.--The Director may prescribe such 
rules and regulations as may be necessary and proper to carry 
out any of the provisions of this title and perform any of the 
powers and duties provided by this title. The Director may 
perform any of the powers and duties provided by this title 
through or with the aid of such officials of the Federal 
Emergency Management Agency as the Director may designate.
    (h) Failure To Expend Contributions Correctly.--(1) When, 
after reasonable notice and opportunity for hearing to the 
State or other person involved, the Director finds that there 
is a failure to expend funds in accordance with the 
regulations, terms, and conditions established under this title 
for approved emergency preparedness plans, programs, or 
projects, the Director may notify such State or person that 
further payments will not be made to the State or person from 
appropriations under this title (or from funds otherwise 
available for the purposes of this title for any approved plan, 
program, or project with respect to which there is such failure 
to comply) until the Director is satisfied that there will no 
longer be any such failure.
    (2) Until so satisfied, the Director shall either withhold 
the payment of any financial contribution to such State or 
person or limit payments to those programs or projects with 
respect to which there is substantial compliance with the 
regulations, terms, and conditions governing plans, programs, 
or projects hereunder.
    (3) As used in this subsection, the term ``person'' means 
the political subdivision of any State or combination or group 
thereof or any person, corporation, association, or other 
entity of any nature whatsoever, including instrumentalities of 
States and political subdivisions.

                          Security Regulations

    Sec. 622. (a) Establishment.--The Director shall establish 
such security requirements and safeguards, including 
restrictions with respect to access to information and property 
as the Director considers necessary.
    (b) Limitations on Employee Access to Information.--No 
employee of the Federal Emergency Management Agency shall be 
permitted to have access to information or property with 
respect to which access restrictions have been established 
under this section, until it shall have been determined that no 
information is contained in the files of the Federal Bureau of 
Investigation or any other investigative agency of the 
Government indicating that such employee is of questionable 
loyalty or reliability for security purposes, or if any such 
information is so disclosed, until the Federal Bureau of 
Investigation shall have conducted a full field investigation 
concerning such person and a report thereon shall have been 
evaluated in writing by the Director.
    (c) National Security Positions.--No employee of the 
Federal Emergency Management Agency shall occupy any position 
determined by the Director to be of critical importance from 
the standpoint of national security until a full field 
investigation concerning such employee shall have been 
conducted by the Director of the Office of Personnel Management 
and a report thereon shall have been evaluated in writing by 
the Director of the Federal Emergency Management Agency. In the 
event such full field investigation by the Director of the 
Office of Personnel Management develops any data reflecting 
that such applicant for a position of critical importance is of 
questionable loyalty or reliability for security purposes, or 
if the Director of the Federal Emergency Management Agency for 
any other reason considers it to be advisable, such 
investigation shall be discontinued and a report thereon shall 
be referred to the Director of the Federal Emergency Management 
Agency for evaluation in writing. Thereafter, the Director of 
the Federal Emergency Management Agency may refer the matter to 
the Federal Bureau of Investigation for the conduct of a full 
field investigation by such Bureau. The result of such latter 
investigation by such Bureau shall be furnished to the Director 
of the Federal Emergency Management Agency for action.
    (d) Employee Oaths.--Each Federal employee of the Federal 
Emergency Management Agency acting under the authority of this 
title, except the subjects of the United Kingdom and citizens 
of Canada specified in section 621(b), shall execute the 
loyalty oath or appointment affidavits prescribed by the 
Director of the Office of Personnel Management. Each person 
other than a Federal employee who is appointed to serve in a 
State or local organization for emergency preparedness shall 
before entering upon duties, take an oath in writing before a 
person authorized to administer oaths, which oath shall be 
substantially as follows:
            ``I, __________, do solemnly swear (or affirm) that 
        I will support and defend the Constitution of the 
        United States against all enemies, foreign and 
        domestic; that I will bear true faith and allegiance to 
        the same; that I take this obligation freely, without 
        any mental reservation or purpose of evasion; and that 
        I will well and faithfully discharge the duties upon 
        which I am about to enter.
            ``And I do further swear (or affirm) that I do not 
        advocate, nor am I a member or an affiliate of any 
        organization, group, or combination of persons that 
        advocates the overthrow of the Government of the United 
        States by force or violence; and that during such time 
        as I am a member of __________ (name of emergency 
        preparedness organization), I will not advocate nor 
        become a member or an affiliate of any organization, 
        group, or combination of persons that advocates the 
        overthrow of the Government of the United States by 
        force or violence.''
After appointment and qualification for office, the director of 
emergency preparedness of any State, and any subordinate 
emergency preparedness officer within such State designated by 
the director in writing, shall be qualified to administer any 
such oath within such State under such regulations as the 
director shall prescribe. Any person who shall be found guilty 
of having falsely taken such oath shall be punished as provided 
in section 1621 of title 18, United States Code.

                       Use of Existing Facilities

    Sec. 623. In performing duties under this title, the 
Director--
            (1) shall cooperate with the various departments 
        and agencies of the Federal Government;
            (2) shall use, to the maximum extent, the existing 
        facilities and resources of the Federal Government and, 
        with their consent, the facilities and resources of the 
        States and political subdivisions thereof, and of other 
        organizations and agencies; and
            (3) shall refrain from engaging in any form of 
        activity which would duplicate or parallel activity of 
        any other Federal department or agency unless the 
        Director, with the written approval of the President, 
        shall determine that such duplication is necessary to 
        accomplish the purposes of this title.

                       Annual Report to Congress

    Sec. 624. The Director shall annually submit a written 
report to the President and Congress covering expenditures, 
contributions, work, and accomplishments of the Federal 
Emergency Management Agency pursuant to this title, accompanied 
by such recommendations as the Director considers appropriate.

                         Applicability of Title

    Sec. 625. The provisions of this title shall be applicable 
to the United States, its States, Territories and possessions, 
and the District of Columbia, and their political subdivisions.

         Authorization of Appropriations and Transfers of Funds

    Sec. 626. (a) Authorization of Appropriations.--There are 
authorized to be appropriated such sums as may be necessary to 
carry out the provisions of this title.
    (b) Transfer Authority.--Funds made available for the 
purposes of this title may be allocated or transferred for any 
of the purposes of this title, with the approval of the 
Director of the Office of Management and Budget, to any agency 
or government corporation designated to assist in carrying out 
this title. Each such allocation or transfer shall be reported 
in full detail to the Congress within 30 days after such 
allocation or transfer.

                 Relation to Atomic Energy Act of 1954

    Sec. 627. Nothing in this title shall be construed to alter 
or modify the provisions of the Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq.).

                    Federal Bureau of Investigation

    Sec. 628. Nothing in this title shall be construed to 
authorize investigations of espionage, sabotage, or subversive 
acts by any persons other than personnel of the Federal Bureau 
of Investigation.

                        TITLE VII--MISCELLANEOUS

             authority to prescribe rules and accept gifts

    Sec. 701. (a)(1) The President may prescribe such rules and 
regulations as may be necessary and proper to carry out any of 
the provisions of this Act, and he may exercise any power or 
authority conferred on him by any section of this Act either 
directly or through such Federal agency or agencies as he may 
designate.
    (2) Deadline for payment of assistance.--Rules and 
regulations authorized by paragraph (1) shall provide that 
payment of any assistance under this Act to a State shall be 
completed within 60 days after the date of approval of such 
assistance.
    (b) In furtherance of the purposes of this Act, the 
President or his delegate may accept and use bequests, gifts, 
or donations of service, money, or property, real, personal, or 
mixed, tangible, or intangible. All sums received under this 
subsection shall be deposited in a separate fund on the books 
of the Treasury and shall be available for expenditure upon the 
certification of the President or his delegate. At the request 
of the President or his delegate, the Secretary of the Treasury 
may invest and reinvest excess monies in the fund. Such 
investments shall be in public debt securities with maturities 
suitable for the needs of the fund and shall bear interest at 
rates determined by the Secretary of the Treasury, taking into 
consideration current market yields on outstanding marketable 
obligations of the United States of comparable maturities. The 
interest on such investments shall be credited to, and form a 
part of, the fund.

    Sec. 702. [Amended various other Acts].

                         repeal of existing law

    Sec. 703. The Disaster Relief Act of 1970, as amended (84 
Stat. 1744), is hereby repealed, except sections 231, 233, 234, 
235, 236, 237, 301, 302, 303, and 304. Notwithstanding such 
repeal the provisions of the Disaster Relief Act of 1970 shall 
continue in effect with respect to any major disaster declared 
prior to the enactment of this Act.

                       prior allocation of funds

    Sec. 704. Funds heretofore appropriated and available under 
Public Laws 91-606, as amended, and 92-385 shall continue to be 
available for the purpose of providing assistance under those 
Acts as well as for the purposes of this Act.
                              ----------                              


                           UNITED STATES CODE

TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *


CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *


         Subchapter XII--Public Safety Officers' Death Benefits

Sec. 3796. Payment of death benefits.

           *       *       *       *       *       *       *

Sec. 3796b. Definitions.
    As used in this subchapter--
          (1) ``catastrophic injury'' means consequences of an 
        injury that permanently prevent an individual from 
        performing any gainful work;
            (2) ``child'' means any natural, illegitimate, 
        adopted, or posthumous child or stepchild of a deceased 
        public safety officer who, at the time of the public 
        safety officer's death, is--
                    (i) 18 years of age or under;
                    (ii) over 18 years of age and a student as 
                defined in section 8101 of title 5; or
                    (iii) over 18 years of age and incapable of 
                self-support because of physical or mental 
                disability;
            (3) ``firefighter'' includes an individual serving 
        as an officially recognized or designated member of a 
        legally organized volunteer fire department and an 
        officially recognized or designated public employee 
        member of a rescue squad or ambulance crew;
            (4) ``intoxication'' means a disturbance of mental 
        or physical faculties resulting from the introduction 
        of alcohol into the body as evidenced by--
                    (i) a post-mortem blood alcohol level of 
                .20 per centum or greater; or
                    (ii) a post-mortem blood alcohol level of 
                at least .10 per centum but less than .20 per 
                centum unless the Bureau receives convincing 
                evidence that the public safety officer was not 
                acting in an intoxicated manner immediately 
                prior to his death; or resulting from drugs or 
                other substances in the body;
            (5) ``law enforcement officer'' means an individual 
        involved in crime and juvenile delinquency control or 
        reduction, or enforcement of the laws, including, but 
        not limited to, police, corrections, probation, parole, 
        and judicial officers;
            (6) ``public agency'' means the United States, any 
        State of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Virgin Islands of 
        the United States, Guam, American Samoa, the Trust 
        Territory of the Pacific Islands, the Commonwealth of 
        the Northern Mariana Islands, and any territory or 
        possession of the United States, or any unit of local 
        government, department, agency, or instrumentality of 
        any of the foregoing; and
            [(7) ``public safety officer'' means an individual 
        serving a public agency in an official capacity, with 
        or without compensation, as a law enforcement officer, 
        a firefighter, or rescue squad or ambulance crew.]
            (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) a permanent 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 or local 
                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.

                                
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