[Senate Report 106-295]
[From the U.S. Government Publishing Office]




                                                       Calendar No. 550

106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-295

=======================================================================





 
                    DISASTER MITIGATION ACT OF 1999

                                _______
                                

                  May 16, 2000.--Ordered to be printed

                                _______
                                

   Mr. Smith of New Hampshire, from the Committee on Environment and 
                 Public Works, submitted the following

                              R E P O R T

                         [to accompany S. 1691]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1691), to amend the Robert T. Stafford 
Disaster Relief and Emergency Assistance 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 an 
amendment and recommends that the bill, as amended, 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 
authority provided in this 3-year authorization is 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 potential 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 house repairs, and 
grants to individuals and families for basic needs, including 
food and clothing. Public assistance includes grants to State 
and local governments to repair or replace damaged 
infrastructures, including public buildings, roads, bridges, 
communications facilities, airports and other transit 
facilities and to certain nonprofit organizations for the 
repair or replacement of their 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 other natural disasters. 
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. These activities 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 an 
amount equal to 15 percent of the total Federal 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 declaration has occurred. Because of 
this limitation, Section 404 assistance is referred to as 
``post-disaster'' mitigation.
    ``Predisaster'' mitigation refers to mitigation activities 
that are implemented independent of whether a disaster 
declaration has occurred in the area. The Stafford Act provides 
extremely narrow authority for federally supported pre-disaster 
mitigation.
Predisaster and Post-Disaster Mitigation
    Recently, there has been increased interest in expanding 
the Federal authority for predisaster mitigation. In both the 
103d and 104th Congresses, bills were introduced that 
authorized funds for Federal support of predisaster mitigation 
projects. In its fiscal year 1998 budget, the Administration 
proposed the establishment of a $50 million predisaster 
mitigation fund. Ultimately, the fiscal year 1998 VA-HUD-
Independent Agencies appropriations bill allocated $30 million 
for FEMA to conduct predisaster mitigation activities. In 
fiscal years 1999 and 2000, the VA-HUD Independent Agencies 
appropriations bill allocated $25 million for FEMA to conduct 
predisaster mitigation activities. FEMA is using these, and 
subsequent, moneys to fund its new ``Project Impact'' program, 
under which mitigation projects in 185 disaster-prone 
communities have been initiated to date. 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.
    The committee recognizes the importance of local community 
involvement as critical to the success of implementing long 
term strategies for disaster resistance. The committee directs 
FEMA to adopt policies that will foster support to communities 
for their management of a broad-based, participatory 
predisaster mitigation program.
    The 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.
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. In the 106th 
Congress the Administration transmitted to Congress ``The 
Disaster Mitigation Act of 1999''. The bill, S. 583, was 
introduced by Senator Chafee, chairman of the Committee on 
Environment and Public Works, on March 10, 1999. A companion 
bill, H.R. 707, was introduced in the House of Representative 
by Representative Fowler.
    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 modification of current Federal 
cost-share and other requirements of the disaster relief and 
emergency assistance process.
Summary of S. 1691
    Introduced by Senators Inhofe, Graham and Voinovich and 
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 
title provides for disaster preparedness, mitigation assistance 
and post-disaster assistance; and the third title contains 
miscellaneous conforming amendments and definitions.

                      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 2000.''

                 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 disaster, and (2) provides a 
source of predisaster mitigation funding to assist States and 
local governments in implementing mitigation measures.
Sec. 101. Findings and Purpose
    Section 101 describes five findings of Congress: (1) 
natural disasters pose great dangers to human life and to 
property throughout the United States, (2) greater emphasis 
needs to be placed on hazard identification, hazard mitigation, 
and ensuring that critical infrastructure and facilities of 
communities will continue to function after a natural disaster, 
(3) expenditures for disaster assistance are increasing without 
commensurate reductions in the likelihood of future losses, (4) 
a high priority should be placed on the implementation of 
predisaster mitigation activities, and (5) 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.
Sec. 102. Predisaster Hazard Mitigation
    Section 102 creates a new Section 203 in the Stafford Act 
that authorizes the Director of Federal Emergency Management 
Agency (Director) to establish a program to provide technical 
and financial assistance to States and local governments to 
assist in the implementation of predisaster mitigation measures 
designed to reduce injuries, loss of life, and damage and 
destruction of property, including damage to critical 
infrastructure and facilities under the jurisdiction of the 
States or local governments.
    The Director may provide technical and financial assistance 
to a State or local government if the Director determines that 
a State or local government has identified all natural disaster 
hazards in areas under its jurisdiction and has demonstrated 
the ability to form effective public-private natural disaster 
hazard mitigation partnerships.
    In selecting a site, the Director must consider the extent 
and nature of the hazards to be mitigated; the degree of 
commitment of the State or local government to reduce damages 
from future natural disasters; and the degree of commitment by 
the State or local government to support ongoing non-Federal 
support for the hazard mitigation measures to be carried out 
using the technical and financial assistance. The committee 
directs FEMA to establish a clear, consistent policy on when to 
utilize this authority in order to ensure that hazard 
mitigation planning and the implementation of hazard mitigation 
measures are based on accurate hazard information and risk 
assessments.
    States and local governments shall use the technical and 
financial assistance principally to implement predisaster 
hazard mitigation; to support effective public-private natural 
disaster hazard mitigation partnerships; to ensure that new 
development and construction is resistant to natural disasters; 
to improve the assessment of a community's vulnerability to 
natural hazards; or to establish hazard mitigation priorities, 
and an appropriate hazard mitigation plan, for a community.
    The committee is aware of the potential for cost 
containment through the use of perforated metal technology 
employed in fixed, passive protection window applications 
utilized in predisaster mitigation as demonstrated successfully 
in Dade County, Florida. The committee encourages FEMA to 
support enhanced utilization of such mitigation activities in 
``Project Impact'' communities that may be affected by high 
wind conditions.
    The Director may establish in the Treasury of the United 
States a fund to be known as the ``National Predisaster 
Mitigation Fund'' (referred to as ``the Fund''), to be used to 
provide approved predisaster mitigation assistance to the State 
and local governments. There shall be deposited into the Fund 
amounts appropriated to carry out this section, which shall 
remain available until expended; and sums available from gifts, 
bequests, or donations of services or property received by the 
Director for the purposes of predisaster mitigation. Congress 
expects that the Director will not solicit donations for the 
Fund from the private sector. The Secretary of the Treasury 
shall invest such portion of the Fund as is not, in the 
judgment of the Secretary of the Treasury, required to meet 
current obligations of the Fund. Investment may be made only in 
interest-bearing obligations of the United States. Any interest 
on, or proceeds from the sale or redemption of, any obligations 
held in the Fund shall be credited to and form a part of the 
Fund. The amounts required to be transferred to the Fund shall 
be transferred at least monthly from the general fund of the 
Treasury to the Fund on the basis of estimates made by the 
Secretary of the Treasury.
    The Federal share of financial assistance from the fund 
shall not exceed an amount equal to 75 percent of the total 
costs of all hazard mitigation proposals approved by the 
Director under this section. The Director shall not provide 
financial assistance greater that the amount available in the 
fund. The overall authority provided for this program is 
terminated on December 31, 2003.
Sec. 103. Natural Disaster Mitigation Zones
    Section 103 of the bill amends Title II of the Stafford Act 
by adding a new section 204 ``Natural Disaster Mitigation 
Zones.'' This section generally requires the President to 
designate historically disaster-prone areas as ``natural 
disaster mitigation zones''. These zones are identified as 
areas in which commonly recurring all natural hazards 
(including flooding, hurricanes and severe winds, seismic 
events) create a substantial likelihood of disaster that may 
require assistance under the Act.
    Section 103 requires the President to designate as natural 
disaster mitigation zones in each coastal flood zone identified 
on a map prepared under the national flood insurance program 
that is also identified within a wind zone as identified by the 
American Society of Civil Engineers under ASCA 7-98 and that 
has commonly recurring winds in excess of 90 miles per hour.
    The President, acting through the Director of the Federal 
Emergency Management Agency (Director), shall direct Federal 
agencies which gather information on natural resources and 
natural and technological hazards, to integrate, or develop and 
maintain, comprehensive all-hazard maps using geographic 
information systems technology.
    Section 103 is intended to recommend mitigation policies 
and practices to be followed in the designated disaster 
mitigation zones. The Director is designated as the individual 
primarily responsible for identifying and implementing disaster 
mitigation policies and practices in the natural disaster 
mitigation zones. The policies and practices may include 
programs which are comparable to Executive Order No. 11988 
relating to floodplain management; Executive Order No. 12699 
relating to the seismic safety of Federal and federally 
assisted or regulated new building construction; and Executive 
Order No. 12941 relating to seismic safety of existing 
federally owned or leased buildings.
    Other policies and practices shall include recommended 
model voluntary building codes, consensus standards, test 
methods, and specifications, such as those established by the 
International Code Council; the National Fire Protection 
Association; the American National Standards Institute; the 
American Society of Testing Materials; and the American Society 
of Civil Engineers. Having building construction codes and 
standards consistent with effective mitigation policies and 
practices can go a long way in mitigating the risks and costs 
of future natural disasters.
    The National Technology Transfer and Advancement Act of 
1995 and OMB Circular No. A-119 ``Federal Participation in the 
Development and Use of Voluntary Consensus Standards and in 
Conformity Assessment Activities'' permit FEMA to work with 
both voluntary consensus standards as well as other standards 
and codes developed by non-governmental entities. FEMA should 
continue working with its government mitigation partners at the 
Federal, State, and local level along with private sector 
groups to identify research needs.
    The committee notes that these recommendations are entirely 
voluntary and should not be construed as Federal mandates.
    Federal buildings located in natural disaster mitigation 
zones shall be required to be designed and constructed in 
accordance with the policies and practices identified in this 
section. Section 103 of the bill also authorizes the President 
to provide incentives to encourage owners of non-Federal 
buildings in natural disaster mitigation zones to implement the 
mitigation policies and practices. The President is also 
authorized to provide additional incentives for owners who 
build or modify buildings in natural disaster mitigation zones 
which produce hazard mitigation benefits which are greater than 
the requirements identified in the mitigation policies.
    Types of incentives the President may wish to provide 
include lower premiums for Federal flood insurance; more 
favorable financing through Federal loans, loan guarantees and 
insured loans; or other incentives within the authority of the 
President or other Federal agencies. This section does not 
create any new Federal funding programs, but is intended to 
leverage existing incentive programs so that monies expended 
focus on preventative measures.
    Not later than 18 months after the date of enactment, each 
applicable Federal agency shall issue regulations to carry out 
this section.
Sec. 104. Interagency Task Force
    The committee recognizes that the Federal Government has 
embarked on an ambitious approach to predisaster hazard 
mitigation within a number of Federal agencies. While these 
programs may or may not be meritorious, they are currently 
uncoordinated and may work at cross purposes. It is essential 
to their success that these hazard mitigation programs be 
coordinated and function in accord with one another.
    Therefore, Section 104 directs the President to establish 
an interagency task force, chaired by the Director of FEMA, to 
coordinate the implementation of predisaster mitigation 
programs administered by the Federal Government. Members of the 
task force are to include representatives from State and local 
government organizations and the American Red Cross.

       Title II--Disaster Preparedness and Mitigation Assistance

    The purpose of this title is to provide for disaster 
preparedness, mitigation assistance and post-disaster 
assistance.
    Throughout Title II of this Act, the committee is seeking 
to amend the Public Assistance Program so as to reduce the 
Federal share of disaster assistance and return to the original 
premise of the Stafford Act: providing Federal assistance after 
States and local governments have exhausted their capabilities. 
With Federal disaster costs escalating beyond sustainable 
levels in recent years, the committee recognizes the value of 
making the following changes to the Public Assistance Program.
Sec. 201. Insurance
    The single largest expense FEMA faces is the cost to repair 
or reconstruct public buildings following a disaster event. To 
that end, the committee, under Section 201, amends Section 
311(a)(2) of the Stafford Act by requiring the President to 
promulgate regulations which strengthen the determination of 
adequate insurance or self- insurance. The regulations must 
require applicants to protect property through adequate levels 
of insurance or self-insurance if the current law is met and 
the President determines that the property is not adequately 
insured against disasters. In promulgating any new regulations, 
the President must include definitions that are expressed in 
known and generally accepted terms; a definition of ``adequate 
insurance''; specific criteria for a waiver of any insurance 
eligibility requirement under the regulations; a definition of 
``self-insurance'' that is sufficiently flexible to take into 
consideration alternative risk financing methods; available 
market research in determining availability; and a cost/benefit 
analysis. The President must also consider alternative risk-
financing mechanisms, including risk sharing pools and self-
insurance; and the use of independent experts in insurance, 
disaster preparedness, risk management, and finance to assist 
in developing regulations. It is expected that cost-
prohibitiveness of insurance will also be a determining factor 
by the President.
    The committee understands that FEMA has been working on an 
insurance rule over the course of the last several years. The 
committee was encouraged by the work FEMA has completed on the 
insurance regulation. However, State and local governments have 
raised concerns that the committee feels are valid regarding 
FEMA's attempts to develop the regulation. Recognizing the 
importance of the insurance regulation to the overall goal of 
reducing the Federal share of disaster assistance, the 
committee sought to engage stakeholders and make certain their 
input was heard. This consultation and cooperation has resulted 
in the Congressional guidance set out in this section.
    The implementing regulations must be promulgated not later 
than 1 year after enactment of this Act.
    While CBO has been unable to quantify the ultimate Federal 
cost savings as a result of the implementation of an insurance 
rule, the committee believes the savings will be significant.
Sec. 202. Management Costs
    Section 202 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 until new 
rates are established.
Sec. 203. Assistance to Repair, Restore, Reconstruct, or Replace 
        Damaged Facilities
    Section 203 amends and reorganizes Section 406 of the 
Stafford Act which provides authority for the President to make 
contributions to a State, local governments 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 
eligible cost of repair, restoration, reconstruction of 
facilities and for associated expenses as defined by this 
section. As a condition for eligibility, private nonprofit 
facilities must provide critical infrastructure in the event of 
a major disaster; or the person that owns or operates the 
facility has applied, and has been determined to be ineligible, 
for a disaster loan under section 7(b) of the Small Business 
Act; or the person that owns or operates the facility has 
obtained such a loan in the maximum amount for which the Small 
Business Administration determines the facility is eligible. 
The term ``critical infrastructure'' will be defined by the 
President, but will include, at a minimum, the provision of 
power, water (including water provided by a nongovernmental 
entity), sewer, wastewater treatment, communications, essential 
medical care and fire protection. It is the intent of Congress 
that ``critical infrastructure'' include those buildings, 
structures, equipment, or systems used to provide emergency 
services, such as ambulance, or rescue, to the general public, 
including the administrative and support facilities essential 
to the operation of such emergency facilities even if not 
contiguous. It is also the intent of Congress that essential 
medical care include facilities that provide direct medical 
services to persons, such as hospitals, clinics, or outpatient 
services. This provision does not include facilities that may 
be a part of a medical complex and do not provide direct 
patient care services.
    Before making any contribution under this section to a 
project in an amount greater than $20,000,000 (per project), 
the President is required to notify the Committee on 
Environment and Public Works of the Senate; the Committee on 
Appropriations of the Senate; the Committee on Transportation 
and Infrastructure of the House of Representatives; and the 
Committee on Appropriations of the House of Representatives.
    This section requires regulations be promulgated by the 
President which will allow for reduced Federal share of 
assistance if an eligible public or nonprofit facility has 
previously been damaged, on more than one occasion, by the same 
type of event and the owner has failed to implement appropriate 
mitigation measures to address the hazard that caused the 
damage to the facility.
    FEMA's use of cost estimating procedures are extended by 
this Act. FEMA has currently employed a limited cost-estimating 
procedure in the aftermath of the Northridge earthquake. The 
current estimating procedure has resulted in the completion of 
large Public Assistance projects in a more timely and efficient 
manner. The committee is encouraged by these results and feels 
that they should be expanded as described in the following 
paragraph.
    The President will now use the cost estimating procedure as 
the basis for payment of all repair and restoration. An 
estimate bandwidth, with floor and ceiling percentages, will be 
established through regulations by the President, taking into 
account recommendations made by an expert panel. In any case in 
which the actual cost is greater than the ceiling percentage, 
the President may determine that the eligible cost includes a 
portion of the amount that exceeds the original cost estimate. 
In any case in which the actual cost is greater than or equal 
to the floor percentage and less than 100 percent of the cost 
estimate, the State or local government or person receiving 
funds shall use the excess funds for mitigation efforts. In any 
case in which the actual cost is lower than the floor 
percentage, the State or local government or person receiving 
assistance shall reimburse the President the difference.
    The Director of FEMA shall establish an expert panel that 
will develop recommendations concerning procedures for the 
estimating of costs and establishing the floor and ceiling 
percentages. The expert panel must include representatives from 
the applicable industries and State and local governments. The 
President is required to review the cost estimating procedures 
2 years after the date of promulgation and periodically 
thereafter. The expert panel must submit a report to Congress 
on the appropriateness of the cost estimating procedures 1 year 
after the date of promulgation and every 2 years thereafter.
    In any case in which the impacted facility was under 
construction on the date of the major disaster, costs eligible 
for assistance include only those costs that, under the 
contract for the construction, are the owner's responsibility 
and not the contractor's responsibility.
Sec. 204. Mitigation Planning Maximum Contribution for Mitigation Costs
    Section 204 amends Title III of the Stafford Act by 
requiring, as a condition of receipt of a disaster loan or 
grant, States, local, or tribal governments to develop and 
submit for approval by the Director of FEMA a detailed State 
mitigation plan. These plans must identify the natural hazards, 
risks, and vulnerabilities of the area under the jurisdiction 
of the government. Local and tribal plans must describe actions 
to mitigate the hazards and establish a strategy to implement 
those actions. State plans must support the development of 
local mitigation plans; provide for technical assistance to 
local and tribal governments for mitigation planning; and 
identify and prioritize mitigation actions that the State will 
support, as resources become available.
    Section 204 amends Section 404 by allowing a State, local, 
or tribal government to use up to 5 percent of funds received 
under Section 404 for the development and updating of 
mitigation plans. If, at the time of the declaration of a major 
disaster, a State has in effect an approved mitigation plan, 
the President may increase Section 404(a) maximum hazard 
mitigation contributions from 15 percent to 20 percent. As a 
condition of this increase, recipients are required to carry 
out any repair or construction in accordance with applicable 
standards of safety, decency, and sanitation and in conformity 
with applicable codes, specifications, and standards. The 
President, in consultation with State and local governments, 
may require safe land use and construction practices. A receipt 
of a disaster loan or grant under this Act shall provide 
evidence of compliance with this section as the President may 
require by regulation.
    Under FEMA's current Stafford Act authority, flood hazard 
data may be generated to support hazard mitigation activities 
in areas with inadequate flood hazard data. The committee 
directs FEMA to establish a clear, consistent policy on when to 
utilize this authority in order to ensure that hazard 
mitigation planning and the implementation of hazard mitigation 
measures are based on accurate hazard information and risk 
assessments.
    The committee notes that the Committee on Appropriations in 
the Omnibus Appropriations Act for fiscal year 2000 provided up 
to $215,000,000 for a Buyout Program within the overall funding 
provided for FEMA Disaster Relief. While the committee supports 
the underlying policy of moving homes from 100-year floodplains 
where there is a significant risk of repeat flooding and costly 
damage, there are many significant policy issues that need to 
be reviewed and resolved before this approach becomes an 
accepted policy. In this case, the Buyout Program was enacted 
without the benefit of hearings or deliberations of this 
committee, both of which are critical to a final decision on 
the role of the Federal Government and States in this type of 
program. The committee is concerned that the Buyout Program may 
move away from a primary principle in the Stafford Act of State 
and local responsibility, and shift much of the cost to the 
Federal Government. This Buyout Program also diminishes FEMA's 
ability to use flood insurance as the primary tool for 
addressing the needs of flood disaster victims, and represents 
both a significant commitment of Federal funds as well as a 
lack of specific requirements for oversight and accountability 
with regard to the use of these buyout funds. As such, there 
needs to be clear guidance on the use of these funds to ensure 
that those with the most need are assisted in the most 
equitable manner.
    The committee does not intend to authorize a Buyout Program 
until comprehensive hearings are held that cover the history of 
this type of activity; the appropriate role of the Federal 
Government, States and localities; the extent of the need for 
this type of program, including the relationship of this 
program to other Federal and State mitigation programs; and a 
review of all appropriate safeguards and accountability 
requirements. Additional funding authorized in this bill is 
intended to increase State and local participation in all 
effective mitigation programs. Buy-out decisionmaking will 
continue to reside with the local communities. The committee 
also notes that with the additional funds authorized in this 
bill for section 404 hazard mitigation grants, the need for 
additional appropriations for buyouts should not be necessary.
Sec. 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 
Mitigation Grant Program (Section 404). The President is to set 
the criteria for, and provide for periodic audits of, this 
program. The committee expects approved mitigation plans to 
include provisions that will take into account the cost 
effectiveness of mitigation efforts in comparison to 
alternative methods of mitigation. 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.
    To qualify, States must demonstrate the ability to manage 
the program effectively and a strong commitment to mitigation. 
The States must complete a hazard mitigation planning process 
consistent with the new Section 323 that incorporates local 
mitigation planning and a proactive identification of 
mitigation measures. Additionally, States who complete an 
approved planning process under this Section may receive the 
additional 5 percent in Hazard Mitigation Grant Program funding 
described in Section 204.
Sec. 206. Study Regarding Cost Reduction
    Section 206 directs the National Academy of Sciences to 
submit, no later than 3 years after the date of enactment of 
this Act, a report to Congress that estimates the reduction in 
Federal disaster assistance that has resulted and is likely to 
result from the enactment of this Act.
Sec. 207. Fire Management Assistance
    Section 207 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 in support of 
fire management activities. 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 may preclude the need to issue a 
major disaster or emergency declaration in these situations. As 
suppression is not always the preferred method of combating a 
fire, Section 207 redefines the mission of Section 420 from 
``fire suppression'' to ``fire management'' allowing for the 
mitigation, management, and control of fires.
Sec. 208. Public Notice, Comment, and Consultation Requirements
    Section 208 adds a new Section 325 to the Stafford Act 
requiring FEMA to provide for public notice and comment before 
adopting any new or modified policy that governs implementation 
of the public assistance program and could result in a 
significant reduction in assistance. This section requires, in 
defined circumstances and to the maximum extent practicable, 
the President to solicit the views and recommendations of 
grantees and subgrantees with respect to major disaster or 
emergency concerning the potential impacts of the interim 
policy. This section does not confer nor remove any legal right 
of action on any party.
Sec. 209. Community Disaster Loans
    Section 209 amends Section 417 of the Stafford Act by 
capping a Community Disaster Loan (CDL) at $5,000,000. In 
addition, recipients shall not be eligible for further 
assistance under Section 417 if the applicant is in arrears 
with respect to a required payment of a loan under this 
section.

                        Title III--Miscellaneous

    The purpose of this title is to make various necessary 
conforming and other amendments.
Sec. 301. Technical Correction of Short Title
    Section 301 deletes an extra ``the'' from the title of the 
Act.
Sec. 302. Definitions
    Section 302 provides for an updated definition of the term 
``State.''
Sec. 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 die or are injured on or 
after the date of enactment of this Act.
Sec. 304. Disaster Grant Closeout Procedures
    Section 304 amends Title VII of the Stafford Act by adding 
procedures for the closeout of Disaster Grants. With the 
exception in cases of fraud, this section sets a statute of 
limitations of 3 years on any administrative action to recover 
disaster payment made to a State or local government. In any 
dispute arising after the expiration of the 3 year statute of 
limitation, there shall be presumption that accounting records 
were adequately maintained absent affirmative evidence to the 
contrary. Section 304 codifies existing Inspector General 
regulations and guidelines concerning the length of time for 
the audit process (3 years).
Sec. 305. Conforming Amendment
    Section 305 amends Title II of the Stafford Act by adding 
``Mitigation.''

                                Hearings

    No hearings were held on S. 1691.

                          Legislative History

    On October 5, 1999, Senator Inhofe introduced S. 1691, a 
bill to amend the Robert T. Stafford Disaster Relief Act to 
authorize programs for predisaster mitigation, to streamline 
the administration of disaster relief, to control Federal costs 
of disaster assistance, and for other purposes. The committee 
ordered the bill and a House-passed companion bill, H.R. 707, 
reported on February 9, 2000 by voice vote.

                             Rollcall Votes

    Section 7(b) of the 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 February 9, 2000, the committee met to consider S. 1691. 
The bill was agreed to by unanimous consent and was ordered 
reported by voice vote. No rollcall votes were taken.

                           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. 1691, as reported, is expected to impose no regulatory 
impact to individuals or businesses. After implementation of 
the bill, individuals and businesses will benefit from the 
planning and incentives created to help make communities more 
resistant to disasters and make businesses and individuals 
safer and able to recover from disasters more readily. This 
bill is likely to result in a reduction of paperwork. 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. 1691 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 follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 4, 2000.

Hon. Robert C. Smith, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    The Congressional Budget Office has prepared the enclosed 
cost estimate for S. 1691, the Disaster Mitigation Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll (for Federal costs), who can be reached at 226-2860, 
and Shelley Finlayson (for the State and local impact), who can 
be reached at 225-3220.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

S. 1691, Disaster Mitigation Act of 1999, As ordered reported by the 
        Senate Committee on Environment and Public Works on February 9, 
        2000

                                Summary

    S. 1691 would amend the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (Stafford Act) to make changes to 
existing disaster relief programs and authorize a new program 
for predisaster mitigation. Assuming appropriation of the 
necessary amounts, CBO estimates that implementing S. 1691 
would increase discretionary outlays by a total of about $2 
billion over the 2001-2005 period. That amount includes a net 
increase in discretionary spending of $112 million for new 
activities authorized under the bill. The remainder of the 
estimated net increase in outlays--$1.9 billion of the 5-year 
total--would result from provisions that would accelerate 
spending of future appropriations from the Federal Emergency 
Management Agency's (FEMA) disaster relief fund, but would not 
change total spending over the long term.
    If the necessary funding for predisaster mitigation efforts 
is provided and used judiciously, implementing this legislation 
could lead to savings to the Federal Government by reducing the 
need for future disaster relief funds. CBO cannot estimate the 
timing or magnitude of such savings because we cannot predict 
either the frequency or location of major natural disasters. 
Over the next 10 years, savings could exceed the $113 million 
that CBO estimates would be authorized for predisaster 
mitigation efforts, but we expect that any such savings would 
be small over the next 5 years.
    S. 1691 also would affect direct spending and receipts; 
therefore, pay-as-you-go procedures would apply. CBO estimates 
that the changes in direct spending and receipts would be less 
than $500,000 a year.
    S. 1691 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and, on balance, would benefit State, local, and tribal 
governments.

           Description of the Legislation's Major Provisions

    The Stafford Act authorizes FEMA to provide disaster relief 
and postdisaster mitigation assistance to State, local, and 
tribal governments, certain private nonprofit organizations 
(PNPs), and individuals following Presidentially declared major 
disasters and emergencies. Total spending for these programs 
has averaged about $3 billion each year over the past 5 years. 
Roughly half of that amount typically supports FEMA's Public 
Assistance program, which provides grants to public entities 
and PNPs for response and recovery efforts. Under FEMA's Hazard 
Mitigation Grant Program, jurisdictions affected by disasters 
also receive grants for postdisaster mitigation, which CBO 
estimates cost an average of about $275 million a year. 
Remaining amounts support disaster relief for individuals and 
other programs authorized under the Stafford Act.
    S. 1691 would make several amendments to the Stafford Act 
that would affect Federal spending for the Public Assistance 
program and postdisaster mitigation. Specifically, the bill 
would change certain eligibility requirements and establish new 
procedures for determining the amount of disaster assistance 
that could be provided to applicants under the Public 
Assistance program. The bill also would authorize FEMA to 
provide more assistance to certain applicants for hazard 
mitigation grants.
    In addition, S. 1691 would authorize new predisaster 
mitigation programs. It would authorize FEMA to provide 
technical and financial assistance to State, local, and tribal 
governments for predisaster mitigation activities through 2003. 
The bill also would direct the President to create all-hazard 
maps, use those maps to designate hazard mitigation zones, and 
establish an interagency task force, led by the Director of 
FEMA, to coordinate Federal disaster mitigation programs. Under 
the bill, FEMA could collect and spend gifts and bequests for 
predisaster mitigation.
    The bill also would direct the National Academy of Sciences 
(NAS) to study the impact of enacting this legislation and 
would make other modifications to the Stafford Act. Finally, S. 
1691 would expand the definition of a public safety officer to 
make certain Federal, State, and local employees eligible for 
Federal death and disability benefits while working under a 
major disaster or emergency declaration or other hazardous 
circumstances.

                Estimated Cost to the Federal Government

    CBO estimates that implementing S. 1691 would result in 
additional discretionary outlays of about $2 billion over the 
2001-2005 period. The estimated increase in outlays includes 
$112 million in net additional costs and $1.9 billion from the 
faster spending of future appropriations. Because the faster 
spending of disaster relief funds would not affect long-term 
costs, a corresponding net decrease in outlays would occur over 
the 2006-2010 period. The legislation also would affect direct 
spending and receipts, but CBO estimates that the net budgetary 
impact of these provisions would not be significant.
    The estimated budgetary impact of most of the provisions in 
S. 1691 is shown in the following table. The table does not 
reflect some potential savings and costs from provisions that 
may affect discretionary spending but for which CBO cannot 
estimate the likely effects. In particular, we cannot estimate 
the potential savings in the costs of future disaster relief 
that may result from the increased spending on predisaster 
mitigation activities that would be authorized by S. 1691. 
While such savings could be significant in the long run, we 
expect that any savings would be small over the next 5 years. 
The costs of this legislation fall within budget function 450 
(community and regional development) and 750 (administration of 
justice).


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
               SPENDING SUBJECT TO APPROPRIATION a
Spending for Disaster Relief Under Current Law
    Budget Authority/Estimated Authorization Level b............   2,765   2,818   2,866   2,920   2,973   3,027
    Estimated Outlays...........................................   2,711   2,855   2,933   2,866   2,811   2,790

Proposed Changes
    Estimated New Authorizations
        Estimated Authorization Level...........................       0      46      72      42      23      23
        Estimated Outlays.......................................       0      16      30      15      26      25

    Estimated Change in Outlays from Baseline
        Estimated Authorization Level...........................       O       O       O       O       O       O
        Estimated Outlays.......................................       O       O       O     292     736     895

Spending for Disaster Relief Under S. 1691
    Budget Authority/Estimated Authorization Level..............   2,765   2,864   2,938   2,962   2,996   3,050
    Estimated Outlays...........................................   2,711   2,871   2,963   3,173   3,573   3,710
----------------------------------------------------------------------------------------------------------------
a S. 1691 also would increase direct spending and revenues, but CBO estimates that such changes would be less
  than $500,000 a year.
b The 2000 level is the amount appropriated for that year, including $2,471 million for an emergency
  supplemental appropriation provided in Public Law 106-74. The remainder of the 2000 level is the regular
  appropriation of $294 million. The levels shown for 2001 through 2005 are CBO baseline projections assuming
  increases for anticipated inflation.

                           Basis of Estimate

    For the purposes of this estimate, CBO assumes that S. 1691 
will be enacted by the end of this fiscal year and that the 
amounts estimated to be necessary will be appropriated near the 
start of each fiscal year.
Spending Subject to Appropriation
    S. 1691 contains provisions that would result in both 
discretionary costs and savings to the Federal Government. CBO 
estimates costs associated with provisions that would:

          Increase the maximum Federal contribution for 
        postdisaster mitigation costs,
          Authorize new spending for predisaster hazard 
        mitigation efforts, and
          Require the NAS to complete a study and a 
        report.

    CBO estimates savings associated with provisions that 
would:

          Allow FEMA to use the estimated cost of 
        facility repairs rather than the actual cost,
          Require certain PNPs to apply to the SBA for 
        disaster loans, and
          Reduce the Federal share of public assistance 
        provided to repair certain repetitively damaged 
        structures.

    CBO cannot estimate the effects of provisions that would:

          Achieve long-run savings associated with the 
        predisaster mitigation efforts,
          Strengthen the existing insurance requirement 
        for recipients of public assistance grants,
          Decrease the size of payments that could be 
        offered to public assistance applicants in lieu of 
        grants to repair or replace damaged facilities,
          Establish standardized rates for 
        reimbursement of management costs, and
          Authorize FEMA to allow States to administer 
        postdisaster mitigation programs.

    In addition, CBO estimates that outlays would be 
accelerated by allowing the President to disburse future 
appropriations for disaster relief to public entities and PNPs 
before projects are completed, based on the estimated cost 
rather than on the actual cost.
    Provisions with Estimated Costs. CBO estimates that several 
provisions of S. 1691 would increase Federal funding for 
postdisaster and predisaster mitigation efforts. For example, 
the bill would increase funding for grants to public entities 
and certain PNPs for postdisaster mitigation efforts following 
a major disaster or emergency declaration. The size of those 
grants is based on the total amount of disaster assistance 
provided within each State covered by the declaration. CBO 
estimates that FEMA spends an average of about $275 million 
annually for such grants. Under S. 1691, if States have an 
approved mitigation plan, FEMA could increase grants to those 
States by one-third. Assuming that most States would become 
eligible for this higher rate over the next 3 years, CBO 
estimates that this provision would require additional 
appropriations totaling $288 million over the 2001-2005 period 
and that outlays would total $182 million during that period.
    CBO estimates that the new predisaster mitigation 
initiatives authorized by S. 1691 would increase Federal 
outlays by a total of $113 million over the next 5 years. Based 
on information from FEMA, we estimate that implementing the new 
3-year program for grants to State and local governments would 
require $27 million in new budget authority in fiscal year 2001 
and $30 million in each of the fiscal years 2002 and 2003. CBO 
estimates that activities relating to mapping, designating, and 
managing hazard mitigation zones would cost at least $5 million 
in 2001 and $4 million each year thereafter. Finally, we 
estimate the interagency task force established to coordinate 
mitigation programs would cost about $1 million annually.
    Based on information from the NAS, CBO estimates that 
conducting a study on the effects of this legislation would 
cost about $1 million in 2003.
    Provisions with Estimated Savings. CBO estimates that 
implementing certain changes to FEMA's Public Assistance 
program would reduce discretionary spending for disaster relief 
over the 2001-2005 period. For example, the bill would 
streamline the process for determining the size of public 
assistance grants by authorizing FEMA to base such grants on 
the estimated cost of repairing or replacing a public facility 
rather than the actual cost. Based on information from FEMA, we 
estimate that the net impact of this provision would be to 
reduce the costs of administering grants for public assistance 
by between 15 percent to 20 percent once the new procedures are 
in place. We expect that administrative savings would not occur 
before fiscal year 2003 because S. 1691 would first require the 
President to establish an expert panel to develop procedures 
for estimating the cost of repairing or replacing a facility. 
FEMA would likely incur some additional costs for operating the 
expert panel, estimating the cost of repairs with more 
precision, and evaluating the accuracy of estimates. Assuming 
that FEMA spends about $300 million a year to administer the 
Public Assistance program, CBO estimates that implementing this 
provision would result in net administrative savings of about 
$138 million over the 2003-2005 period.
    Allowing FEMA to substitute the estimated cost for the 
actual cost in providing disaster relief to public entities and 
PNPs also could affect both the amount and the timing of 
assistance provided. Under the legislation, FEMA could receive 
compensation for overpayments or provide additional assistance 
for underpayments if the actual costs of a project do not fall 
within a certain range. The expert panel established under the 
bill would determine the parameters that would define the 
ranges that would apply to different projects. Using an 
estimated cost could substantially increase or decrease the 
Federal Government's cost to repair or replace public 
facilities if these estimates consistently fall below or above 
the actual costs of such projects. Because the Federal 
Government spends over a $1 billion each year on such projects, 
a bias of 10 percent in either direction would change the 
annual cost of disaster relief by more than $100 million. 
Because we have no basis for predicting a bias in either 
direction, CBO cannot estimate the net change in the cost of 
disaster relief projects from substituting estimates for actual 
costs.
    The bill also would require certain PNPs to apply to the 
Small Business Administration (SBA) for disaster loans before 
requesting public assistance from FEMA's disaster relief fund. 
Based on information from FEMA and the SBA, CBO estimates that 
under this provision, about 100 PNPs would receive SBA loans 
instead of disaster relief grants, resulting in additional 
loans totaling about $8 million. We estimate that this change 
would yield net savings of approximately $6 million per year 
from 2001 through 2005. The savings would result because the 
government would, in some cases, be providing loans instead of 
grants to these institutions. The estimated savings is the 
difference between the reduction in FEMA assistance and the 
SBA's subsidy cost for the new loans.
    Other provisions would amend current law to authorize FEMA 
to reduce disaster assistance for certain repetitively damaged 
public and PNP structures. Under current law, FEMA may provide 
up to 75 percent of the cost of repairing or replacing 
structures owned by public entities or PNPs. S. 1691 would 
authorize the President to reduce this share if Federal funds 
have been used at least twice to repair damage caused by the 
same type of event and if the owner of the facility has not 
implemented appropriate mitigation measures. Based on 
historical data and information from FEMA, CBO estimates that 
this provision would result in savings of at least $4 million 
each year starting in fiscal year 2002. Savings could 
potentially be higher, but CBO does not have sufficient basis 
to estimate the magnitude or timing of such additional savings.
    Provisions with Effects CBO Cannot Estimate. CBO does not 
have sufficient basis to project potential budgetary effects of 
some provisions of S. 1691 because they depend upon the extent 
and nature of future disasters, the manner in which the 
Administration would implement certain provisions, and the 
extent to which States would participate in certain programs.
    CBO cannot estimate the potential savings associated with 
the predisaster mitigation efforts proposed in this 
legislation. Mitigation efforts could achieve significant 
savings if damages from future disasters are lessened as a 
result of the predisaster mitigation measures provided for in 
the legislation, although we expect that any savings in the 
first 5 years would be small.
    S. 1691 would clarify and strengthen existing rules 
requiring insurance for certain public and PNP properties. 
Under current law, owners of such properties who receive 
disaster assistance must maintain insurance in order to qualify 
for additional assistance for damage caused by subsequent 
events. According to FEMA, this requirement is often waived by 
State insurance commissioners and thus is not strictly enforced 
by the agency. S. 1691 would direct the President to promulgate 
new regulations to enforce the requirement. If the new 
insurance rule is strictly enforced, FEMA could reduce Federal 
payments for public assistance. Because it is uncertain how 
this provision would be implemented, CBO has no basis for 
estimating the amount of potential savings that would result 
from reducing the amount of public assistance provided to 
uninsured properties.
    The bill also would lower the amount of general assistance 
that FEMA could provide to public entities and owners of PNPs 
in lieu of the Federal Government's share of the cost to repair 
or replace a facility. Under current law, applicants for public 
assistance can elect to receive a payment equal to 90 percent 
of the Federal Government's expected costs to repair or replace 
a damaged facility. S. 1691 would lower that rate to 75 
percent. While lowering the contribution rate would decrease 
disaster relief costs in cases where applicants continue to 
accept in-lieu contributions, it also could increase costs in 
those cases where they choose to forgo those contributions and 
seek the full Federal share of repair costs instead. The two 
effects could offset one another. The budgetary impact of this 
provision would depend on choices made by nonFederal entities; 
thus, CBO has no basis for estimating whether this provision 
would increase or decrease Federal costs.
    S. 1691 would direct the President establish standardized 
reimbursement rates for indirect costs incurred by grantees but 
not chargeable to a specific project. Because it is uncertain 
how these rates would be established, CBO has no basis for 
estimating the amount of potential savings.
    Finally, under S. 1691, States could request permission 
from FEMA to administer postdisaster mitigation programs. 
Federal costs could be reduced if States absorbed some of 
FEMA's administrative costs without reimbursement. CBO has no 
basis, however, for predicting whether States would pursue this 
option or for estimating the timing or magnitude of potential 
administrative savings to FEMA.
    Provision Affecting the Timing of Outlays. CBO estimates 
that S. 1691 would substantially increase the rate at which new 
budget authority is spent from the disaster relief fund. Under 
current law, funds appropriated for such assistance are often 
spent years later. But we expect that disbursements would occur 
more rapidly because of the provision allowing FEMA to provide 
funds for disaster relief to public entities and PNPs based on 
an estimate of a project's costs rather than on its actual 
costs. (This provision would not apply to FEMA's current 
balances of previously appropriated funds.) CBO estimates that 
this change would result in a net increase in outlays of about 
$1.9 billion over the 2001-2005 period, but that it would have 
no net effect over the long run. Because S. 1691 would require 
the President to convene an expert panel and establish rules 
for the new process, CBO assumes that this provision would not 
affect spending for disasters that occur before fiscal year 
2003.
Direct Spending
    Two provisions in S. 1691 would affect direct spending. 
First, the bill would increase direct spending by allowing FEMA 
to spend, without further appropriation, any money donated as 
gifts and bequests for predisaster mitigation efforts. Based on 
information from FEMA, CBO estimates that such spending would 
be negligible in any single year.
    The bill also would amend current law to expand the 
definition of ``public safety officer'' to include certain 
employees of FEMA and State and local emergency management 
agencies. Under current law, families of public safety officers 
who are killed in the line of duty are eligible to receive a 
payment of $146,949 (fiscal year 2000 dollars). Such payments 
are considered to be direct spending. Based on information from 
FEMA and State and local emergency management groups, CBO 
estimates that any increase in direct spending resulting from 
this provision would not exceed $500,000 in any year.
Revenues
    S. 1691 would allow FEMA to accept gifts and donations for 
predisaster mitigation efforts. These amounts would be recorded 
in the budget as governmental receipts (revenues) and the use 
of any such amounts under this bill would be direct spending. 
As described above, CBO estimates that such donations would not 
be significant in any single year.
Pay-As-You-Go Considerations
    The Balanced Budget and Emergency Deficit Control Act sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts. Pay-as-you-go procedures would apply to 
S. 1691 because it would allow FEMA to accept and use gifts and 
bequests for predisaster mitigation and would make certain FEMA 
and State and local emergency management employees eligible for 
Federal death benefits. CBO estimates that these provisions 
would have no significant effect on direct spending or 
receipts.
Estimated Impact on State, Local, and Tribal Governments
    S. 1691 contains no intergovernmental mandates as defined 
in UMRA and, on balance, would benefit State, local, and tribal 
governments. The bill would authorize a predisaster mitigation 
program to provide technical and financial assistance to 
qualified State, local, and tribal governments and would 
increase the maximum Federal contribution for mitigation costs 
from 15 percent to 20 percent for States with FEMA-approved 
mitigation plans. Although some costs to State, local, and 
tribal governments would likely result from certain provisions 
of the bill (as discussed above as potential savings to the 
Federal Government), CBO expects that such costs would be more 
than offset by the budgetary benefits generated by the bill.
Estimated Impact on the Private Sector
    The legislation would impose no new private-sector mandates 
as defined in UMRA.
Previous CBO Estimate
    On March 15, 1999, CBO transmitted a cost estimate for H.R. 
707 as passed by the House of Representatives on March 4, 1999. 
At that time, CBO estimated that implementing H.R. 707 would 
increase discretionary spending by a total of $2 billion over 5 
years. That amount included about $700 million in new spending 
and about $1.3 billion in accelerated spending from FEMA's 
disaster relief fund. In contrast, we assume that implementing 
S. 1691 would result in additional spending of $2 billion over 
5 years, including $112 million in net new spending and about 
$1.9 billion in accelerated outlays.
    The estimate of new discretionary spending under H.R.707 is 
higher because that act would authorize more spending than S. 
1691, particularly for postdisaster hazard mitigation. The 
estimated impact of accelerated spending for disaster relief 
under S. 1691 is higher than our estimate for H.R. 707 because 
funding for disaster relief for 2000 increased significantly 
from the 1999 level. At the time of the previous estimate, the 
Congress had provided about $1.2 billion for disaster relief, 
compared to about $2.7 billion for the current year.
Estimate Prepared by: Federal Costs: Megan Carroll and Mark 
Grabowicz (226-2860); Impact on State, Local, and Tribal 
Governments: Shelley Finlayson (225-3220); Impact on the 
Private Sector: Jean Wooster (226-2940).
Estimate Approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        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 ``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.

(42 U.S.C. 5121 note)

                              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.
                    (D) Any park.
            (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.

            (10) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given the term by the 
        President, but includes, at a minimum, the provision of 
        power, water (including water provided by a 
        nongovernment entity), sewer, wastewater treatment, 
        communications, and essential medical care.

(42 U.S.C. 5122)

              [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.
    (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.

(42 U.S.C. 5131)

                           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.

(42 U.S.C. 5132)

SEC. 203. PREDISASTER HAZARD MITIGATION.

    (a) In General.--The Director of the Federal Emergency 
Management Agency (referred to in this section as the 
``Director'') may establish a program to provide technical and 
financial assistance to States and local governments to assist 
in the implementation of predisaster hazard mitigation measures 
designed to reduce injuries, loss of life, and damage and 
destruction of property, including damage to critical 
infrastructure and facilities under the jurisdiction of the 
States or local governments.
    (b) Approval by Director.--If the Director determines that 
a State or local government has identified all natural disaster 
hazards in areas under its jurisdiction and has demonstrated 
the ability to form effective public-private natural disaster 
hazard mitigation partnerships, the Director, using amounts in 
the National Predisaster Mitigation Fund established under 
subsection (e) (referred to in this section as the `Fund'), may 
provide technical and financial assistance to the State or 
local government to be used in accordance with subsection (c).
    (c) Uses of Technical and Financial Assistance.--Technical 
and financial assistance provided under subsection (b)--
            (1) shall be used by States and local governments 
        principally to implement predisaster hazard mitigation 
        measures described in proposals approved by the 
        Director under this section; and
            (2) may be used--
                    (A) to support effective public-private 
                natural disaster hazard mitigation 
                partnerships;
                    (B) to ensure that new development and 
                construction is resistant to natural disasters;
                    (C) to improve the assessment of a 
                community's vulnerability to natural hazards; 
                or
                    (D) to establish hazard mitigation 
                priorities, and an appropriate hazard 
                mitigation plan, for a community.
    (d) Criteria for Assistance Awards.--In determining whether 
to provide technical and financial assistance to a State or 
local government under subsection (a), the Director shall take 
into account--
            (1) the extent and nature of the hazards to be 
        mitigated;
            (2) the degree of commitment of the State or local 
        government to reduce damages from future natural 
        disasters; and
            (3) the degree of commitment by the State or local 
        government to support ongoing non-Federal support for 
        the hazard mitigation measures to be carried out using 
        the technical and financial assistance.
    (e) National Predisaster Mitigation Fund.--
            (1) Establishment.--The Director may establish in 
        the Treasury of the United States a fund to be known as 
        the `National Predisaster Mitigation Fund', to be used 
        in carrying out this section.
            (2) Transfers to fund.--There shall be deposited in 
        the Fund--
                    (A) amounts appropriated to carry out this 
                section, which shall remain available until 
                expended; and
                    (B) sums available from gifts, bequests, or 
                donations of services or property received by 
                the Director for the purpose of predisaster 
                hazard mitigation.
            (3) Expenditures from fund.--Upon request by the 
        Director, the Secretary of the Treasury shall transfer 
        from the Fund to the Director such amounts as the 
        Director determines are necessary to provide technical 
        and financial assistance under this section.
            (4) Investment of amounts.--
                    (A) In general.--The Secretary of the 
                Treasury shall invest such portion of the Fund 
                as is not, in the judgment of the Secretary of 
                the Treasury, required to meet current 
                withdrawals. Investments may be made only in 
                interest-bearing obligations of the United 
                States.
                    (B) Acquisition of obligations.--For the 
                purpose of investments under subparagraph (A), 
                obligations may be acquired--
                            (i) on original issue at the issue 
                        price; or
                            (ii) by purchase of outstanding 
                        obligations at the market price.
                    (C) Sale of obligations.--Any obligation 
                acquired by the Fund may be sold by the 
                Secretary of the Treasury at the market price.
                    (D) Credits to fund.--The interest on, and 
                the proceeds from the sale or redemption of, 
                any obligations held in the Fund shall be 
                credited to and form a part of the Fund.
                    (E) Transfers of amounts.--
                            (i) In general.--The amounts 
                        required to be transferred to the Fund 
                        under this subsection shall be 
                        transferred at least monthly from the 
                        general fund of the Treasury to the 
                        Fund on the basis of estimates made by 
                        the Secretary of the Treasury.
                            (ii) Adjustments.--Proper 
                        adjustment shall be made in amounts 
                        subsequently transferred to the extent 
                        prior estimates were in excess of or 
                        less than the amounts required to be 
                        transferred.
    (f) Maximum Total Federal Share.--Subject to subsection 
(g), the amount of financial assistance provided from the Fund 
shall not exceed an amount equal to 75 percent of the total 
costs of all hazard mitigation proposals approved by the 
Director under this section.
    (g) Limitation on Total Amount of Financial Assistance.--
The Director shall not provide financial assistance under this 
section in an amount greater than the amount available in the 
Fund.
    (h) Termination of Authority.--The authority provided by 
this section terminates December 31, 2003.

SEC. 204. NATURAL DISASTER MITIGATION ZONES.

    (a) Designation.--
            (1) In general.--In consultation with States, local 
        governments, and appropriate Federal agencies, the 
        President shall designate as a natural disaster 
        mitigation zone each area in which commonly recurring 
        natural hazards (including flooding, hurricanes and 
        severe winds, seismic events, and other hazards) create 
        a substantial likelihood of disasters that may require 
        assistance under this Act.
            (2) Flood and wind zones.--At a minimum, the 
        President shall designate as a natural disaster 
        mitigation zone each coastal flood zone identified on a 
        map prepared under the national flood insurance program 
        established under chapter 1 of the National Flood 
        Insurance Act of 1968 (42 U.S.C. 4011 et seq.) that is 
        also within a wind zone that is identified by the 
        American Society of Civil Engineers under ASCE 7-98 (or 
        a successor document) and that has commonly recurring 
        winds in excess of 90 miles per hour.
            (3) Integration and development of all-hazard 
        maps.--
                    (A) In general.--To carry out paragraphs 
                (1) and (2), the President shall direct all 
                appropriate Federal agencies that gather 
                information relating to natural resources and 
                natural and technological hazards to integrate, 
                or develop and maintain, comprehensive all-
                hazard maps using geographic information 
                systems technology.
                    (B) Coordinator.--The President shall 
                designate the Director of the Federal Emergency 
                Management Agency to serve as coordinator of 
                the activities carried out under subparagraph 
                (A).
                    (C) Availability to the public.--The maps 
                and other resources developed under 
                subparagraph (A) shall be made available to the 
                public.
    (b) Disaster Mitigation Policies and Practices.--
            (1) In general.--In order to reduce the likelihood 
        or severity of damage from the hazards anticipated to 
        occur in natural disaster mitigation zones designated 
        under subsection (a), the President shall assign to the 
        Director of the Federal Emergency Management Agency the 
        primary responsibility for identifying disaster 
        mitigation policies and practices for implementation in 
        natural disaster mitigation zones.
            (2) Policies and practices.--The policies and 
        practices referred to in paragraph (1) shall include--
                    (A) nationally mandated policies and 
                practices comparable to--
                            (i) Executive Order No. 11988 (42 
                        U.S.C. 4321 note; relating to 
                        floodplain management);
                            (ii) Executive Order No. 12699 (55 
                        Fed. Reg. 835; relating to seismic 
                        safety of Federal and federally 
                        assisted or regulated new building 
                        construction); and
                            (iii) Executive Order No. 12941 (59 
                        Fed. Reg. 232; relating to seismic 
                        safety of existing federally owned or 
                        leased buildings); and
                    (B) recommended voluntary minimum model 
                building codes, consensus standards, test 
                methods, and specifications, such as those 
                established by--
                            (i) the International Code Council 
                        and its member organizations;
                            (ii) the National Fire Protection 
                        Association;
                            (iii) the American National 
                        Standards Institute;
                            (iv) the American Society of 
                        Testing Materials; and
                            (v) the American Society of Civil 
                        Engineers.
    (c) Conditions on Federal Funding of New Federal 
Buildings.--Each Federal agency responsible for the design and 
construction of any new Federal building in a natural disaster 
mitigation zone shall ensure that the building is designed and 
constructed in accordance with the policies and practices, 
voluntary minimum model building codes, consensus standards, 
test methods, and specifications identified under subsection 
(b).
    (d) Incentives.--
            (1) In general.--The President may provide 
        incentives--
                    (A) to encourage owners of buildings 
                located in a natural disaster mitigation zone 
                that are not subject to subsection (c) to 
                implement the mitigation policies identified 
                under subsection (b); and
                    (B) to encourage the owners of buildings 
                located in a natural disaster mitigation zone 
                to build or modify the buildings in a manner 
                that is likely to produce more hazard 
                mitigation benefits than the minimum 
                requirements of the mitigation policies 
                identified under subsection (b).
            (2) Types of incentives.--Incentives provided under 
        paragraph (1) may include--
                    (A) lower premiums for Federal flood 
                insurance under chapter 1 of the National Flood 
                Insurance Act of 1968 (42 U.S.C. 4011 et seq.);
                    (B) more favorable financing through 
                Federal loans, loan guarantees, and insured 
                loans; and
                    (C) other incentives within the authority 
                of the President or any Federal agency to 
                provide.
    (e) Implementation.--Not later than 18 months after the 
date of enactment of this section, each Federal agency that 
provides financing, insurance, or other assistance for the 
construction, modification, or acquisition of buildings in 
natural disaster mitigation zones shall issue regulations to 
carry out this section.

SEC. 205. INTERAGENCY TASK FORCE.

    (a) In General.--The President shall establish a Federal 
interagency task force for the purpose of coordinating the 
implementation of predisaster hazard mitigation programs 
administered by the Federal Government.
    (b) Chairperson.--The Director of the Federal Emergency 
Management Agency shall serve as the chairperson of the task 
force.
    (c) Membership.--The membership of the task force shall 
include representatives of State and local government 
organizations and the American Red Cross.

   TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

SEC. 301. WAIVER OF ADMINISTRATIVE CONDITIONS.

    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.

(42 U.S.C. 5141)

                         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.

(42 U.S.C. 5143)

                        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.

(42 U.S.C. 5144)

                             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.

(42 U.S.C. 5147)

                              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.

(42 U.S.C. 5148)

                        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.

(42 U.S.C. 5149)

                   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.

(42 U.S.C. 5150)

                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.

(42 U.S.C. 5151)

              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.

(42 U.S.C. 5152)

SEC. 310. PRIORITY TO CERTAIN APPLICATIONS FOR PUBLIC FACILITY AND 
                    PUBLIC HOUSING ASSISTANCE.

    (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.

(42 U.S.C. 5153)

SEC. 311. INSURANCE.

    (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]
                    (A) In general.--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) Required insurance or self-insurance.--
                Not later than 1 year after the date of 
                enactment of this subparagraph, the President 
                shall promulgate regulations under which 
                States, communities, and other applicants 
                subject to paragraph (1) shall be required to 
                protect property through adequate levels of 
                insurance or self-insurance if--
                            (i) the appropriate State insurance 
                        commissioner makes the certification 
                        described in subparagraph (A); and
                            (ii) the President determines that 
                        the property is not adequately 
                        protected against natural or other 
                        disasters.
                    (C) Regulations.--In promulgating any new 
                regulation requiring public structures to be 
                insured to be eligible for assistance, the 
                President shall--
                            (i) include in the regulation--
                                    (I) definitions relating to 
                                insurance that are expressed in 
                                known and generally accepted 
                                terms;
                                    (II) a definition of 
                                ``adequate insurance'';
                                    (III) the specific criteria 
                                for a waiver of any insurance 
                                eligibility requirement under 
                                the regulation;
                                    (IV) a definition of 
                                ``self-insurance'' that is 
                                sufficiently flexible to take 
                                into consideration alternative 
                                risk financing methods;
                                    (V) available market 
                                research used in determining 
                                the availability of insurance; 
                                and
                                    (VI) a cost-benefit 
                                analysis; and
                            (ii) consider--
                                    (I) alternative risk-
                                financing mechanisms, including 
                                risk sharing pools and self-
                                insurance; and
                                    (II) the use of independent 
                                experts in insurance, disaster 
                                preparedness, risk management, 
                                and finance to assist in 
                                developing the proposed 
                                regulation.
    (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.

(42 U.S.C. 5154)

SEC. 312. DUPLICATION OF BENEFITS.

    (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.

(42 U.S.C. 5155)

SEC. 313. STANDARDS AND REVIEWS.

    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.

(42 U.S.C. 5156)

SEC. 314. PENALTIES.

    (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.

(42 U.S.C. 5157)

                       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.

(42 U.S.C. 5158)

SEC. 316. PROTECTION OF ENVIRONMENT.

    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.

(42 U.S.C. 5159)

SEC. 317. RECOVERY OF ASSISTANCE.

    (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.

(42 U.S.C. 5160)

SEC. 318. AUDITS AND INVESTIGATIONS.

    (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.

(42 U.S.C. 5161)

SEC. 319. ADVANCE OF NON-FEDERAL SHARE.

    (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.

(42 U.S.C. 5162)

SEC. 320. LIMITATION ON USE OF SLIDING SCALES.

    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.

(42 U.S.C. 5163)

SEC. 321. RULES AND REGULATIONS.

    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.

(42 U.S.C. 5164)

SEC. 322. MANAGEMENT COSTS.

    (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 disaster preparedness or mitigation 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 (b) not later than 3 years 
after the date of establishment of the rates and periodically 
thereafter.
    (d) Regulations.--The President shall promulgate 
regulations to define appropriate costs to be included in 
management costs under this section.

SEC. 323. MITIGATION PLANNING.

    (a) Requirement of Mitigation Plan.--As a condition of 
receipt of a disaster loan or grant under this Act, a State, 
local, or tribal government shall develop and submit for 
approval to the Director of the Federal Emergency Management 
Agency a mitigation plan that outlines processes for 
identifying the natural hazards, risks, and vulnerabilities of 
the area under the jurisdiction of the government.
    (b) Local and Tribal Plans.--Each mitigation plan developed 
by a local or tribal government shall--
            (1) describe actions to mitigate hazards, risks, 
        and vulnerabilities identified under the plan; and
            (2) establish a strategy to implement those 
        actions.
    (c) State Plans.--The State process of development of a 
mitigation plan under this section shall--
            (1) identify the natural hazards, risks, and 
        vulnerabilities of areas in the State;
            (2) support development of local mitigation plans;
            (3) provide for technical assistance to local and 
        tribal governments for mitigation planning; and
            (4) identify and prioritize mitigation actions that 
        the State will support, as resources become available.
    (d) Funding.--
            (1) In general.--Federal contributions under 
        section 404 may be used to fund the development and 
        updating of mitigation plans under this section.
            (2) Maximum federal contribution.--With respect to 
        any mitigation plan, a State, local, or tribal 
        government may use an amount of Federal contributions 
        under section 404 not to exceed 5 percent of the amount 
        of such contributions available to the government as of 
        a date determined by the government.
    (e) Increased Federal Share for Hazard Mitigation 
Measures.--If, at the time of the declaration of a major 
disaster, a State has in effect an approved mitigation plan 
under this section, the President may increase to 20 percent, 
with respect to the major disaster, the maximum percentage 
specified in the last sentence of section 404(a).

SEC. 324. HAZARD RESISTANT CONSTRUCTION STANDARDS.

    (a) In General.--As a condition of receipt of a disaster 
loan or grant under this Act--
            (1) the recipient shall carry out any repair or 
        construction to be financed with the loan or grant in 
        accordance with applicable standards of safety, 
        decency, and sanitation and in conformity with 
        applicable codes, specifications, and standards; and
            (2) the President may require safe land use and 
        construction practices, after adequate consultation 
        with appropriate State and local government officials.
    (b) Evidence of Compliance.--A recipient of a disaster loan 
or grant under this Act shall provide such evidence of 
compliance with this section as the President may require by 
regulation.

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

    (a) Public Notice and Comment Concerning New or Modified 
Policies.--
            (1) In general.--The President shall provide for 
        public notice and opportunity for comment before 
        adopting any new or modified policy that--
                    (A) governs implementation of the public 
                assistance program administered by the Federal 
                Emergency Management Agency under this Act; and
                    (B) could result in a significant reduction 
                of assistance under the program.
            (2) Application.--Any policy adopted under 
        paragraph (1) shall apply only to a major disaster or 
        emergency declared on or after the date on which the 
        policy is adopted.
    (b) Consultation Concerning Interim Policies.--Before 
adopting any interim policy under the public assistance program 
to address specific conditions that relate to a major disaster 
or emergency that has been declared under this Act, the 
President, to the maximum extent practicable, shall solicit the 
views and recommendations of grantees and subgrantees with 
respect to the major disaster or emergency concerning the 
potential interim policy, if the interim policy is likely--
            (1) to result in a significant reduction of 
        assistance to applicants for the assistance with 
        respect to the major disaster or emergency; or
            (2) to change the terms of a written agreement to 
        which the Federal Government is a party concerning the 
        declaration of the major disaster or emergency.
    (c) Public Access.--The President shall promote public 
access to policies governing the implementation of the public 
assistance program.
    (d) No Legal Right of Action.--Nothing in this section 
confers a legal right of action on any party.

              TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

SEC. 401. PROCEDURE FOR DECLARATION.

    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.

(42 U.S.C. 5170)

SEC. 402. GENERAL FEDERAL ASSISTANCE.

    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.

(42 U.S.C. 5170a)

SEC. 403. ESSENTIAL ASSISTANCE.

    (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.

(42 U.S.C. 5170b)

SEC. 404. HAZARD MITIGATION.

    (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] section 323 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 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) having in effect an approved mitigation 
                plan under section 323; 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.

(42 U.S.C. 5170c)

                           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.

(42 U.S.C. 5171)

SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.

    [(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.]
    (a) Contributions.--
            (1) In general.--
                    (A) Authority.--The President may make 
                contributions--
                            (i) 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 
                        associated expenses incurred by the 
                        government; and
                            (ii) subject to paragraph (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 
                        associated expenses incurred by the 
                        person.
                    (B) Associated expenses.--For the purposes 
                of this section, associated expenses shall 
                include--
                            (i) the costs of mobilizing and 
                        employing the National Guard for 
                        performance of eligible work;
                            (ii) 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;
                            (iii) base and overtime wages for 
                        employees and extra hires performing 
                        eligible work plus fringe benefits on 
                        such wages to the extent that such 
                        benefits were being paid before the 
                        major disaster; and
                            (iv) other expenses determined 
                        appropriated by the President.
            (2) Conditions for assistance for private nonprofit 
        facilities.--The President may make contributions for a 
        private nonprofit facility under paragraph (1)(B) only 
        if--
                    (A) the facility provides critical 
                infrastructure in the event of a major 
                disaster;
                    (B) the person that owns or operates the 
                facility--
                            (i) has applied for a disaster loan 
                        under section 7(b) of the Small 
                        Business Act (15 U.S.C. 636(b)); and
                            (ii) has been determined to be 
                        ineligible for such a loan; or
                    (C) the person that owns or operates the 
                facility has obtained such a loan in the 
                maximum amount for which the Small Business 
                Administration determines the facility is 
                eligible.
            (3) Notification to congress.--Before making any 
        contribution under this section in an amount greater 
        than $20,000,000, the President shall notify--
                    (A) the Committee on Environment and Public 
                Works of the Senate;
                    (B) the Committee on Appropriations of the 
                Senate;
                    (C) the Committee on Transportation and 
                Infrastructure of the House of Representatives; 
                and
                    (D) the Committee on Appropriations of the 
                House of Representatives.
    [(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).]
    (b) Federal Share.--
            (1) Minimum federal share.--Except as provided in 
        paragraph (2), the Federal share of assistance under 
        this section shall be not less than 75 percent of the 
        eligible cost of repair, restoration, reconstruction, 
        or replacement carried out under this section.
            (2) Reduced federal share.--The President shall 
        promulgate regulations to reduce the Federal share of 
        assistance under this section in the case of the 
        repair, restoration, reconstruction, or replacement of 
        any eligible public or private nonprofit facility--
                    (A) that has previously been damaged, on 
                more than 1 occasion, by the same type of 
                event; and
                    (B) the owner of which has failed to 
                implement appropriate mitigation measures to 
                address the hazard that caused the damage to 
                the facility.
    [(c) Large In Lieu Contributions.--
            [(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.]
    (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), 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.--
                            (i) In general.--Subject to clause 
                        (ii), 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.
                            (ii) Limitations.--Funds made 
                        available to a State or local 
                        government under this paragraph may not 
                        be used for--
                                    (I) any public facility 
                                located in a regulatory 
                                floodway (as defined in section 
                                59.1 of title 44, Code of 
                                Federal Regulations (or a 
                                successor regulation)); or
                                    (II) any uninsured public 
                                facility located in a special 
                                flood hazard area identified by 
                                the Director of the Federal 
                                Emergency Management Agency 
                                under the National Flood 
                                Insurance Act of 1968 (42 
                                U.S.C. 4001 et seq.).
            (2) For private nonprofit facilities.--
                    (A) In general.--In any case in which a 
                person that owns or operates a private 
                nonprofit facility determines that the public 
                welfare would not 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)(1)(B), 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.--
                            (i) In general.--Subject to clause 
                        (ii), 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 owned or operated by the 
                        person, or to fund hazard mitigation 
                        measures, that the person determines to 
                        be necessary to meet a need for 
                        services and functions in the area 
                        affected by the major disaster.
                            (ii) Limitations.--Funds made 
                        available to a person under this 
                        paragraph may not be used for--
                                    (I) any private nonprofit 
                                facility located in a 
                                regulatory floodway (as defined 
                                in section 59.1 of title 44, 
                                Code of Federal Regulations (or 
                                a successor regulation)); or
                                    (II) any uninsured private 
                                nonprofit facility located in a 
                                special flood hazard area 
                                identified by the Director of 
                                the Federal Emergency 
                                Management Agency under the 
                                National Flood Insurance Act of 
                                1968 (42 U.S.C. 4001 et seq.).
    (d) 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.--
                            (i) In general.--Subject to 
                        paragraph (2), the President shall use 
                        the cost estimation procedures 
                        developed under paragraph (3) to 
                        determine the eligible cost under this 
                        subsection.
                            (ii) Applicability.--The procedures 
                        specified in this paragraph and 
                        paragraph (2) shall apply only to 
                        projects the eligible cost of which is 
                        equal to or greater than the amount 
                        specified in section 422.
            (2) Modification of eligible cost.--
                    (A) Actual cost greater than ceiling 
                percentage of estimated cost.--In any case in 
                which the actual cost of repairing, restoring, 
                reconstructing, or replacing a facility under 
                this section is greater than the ceiling 
                percentage established under paragraph (3) of 
                the cost estimated under paragraph (1), the 
                President may determine that the eligible cost 
                includes a portion of the actual cost of the 
                repair, restoration, reconstruction, or 
                replacement that exceeds the cost estimated 
                under paragraph (1).
                    (B) Actual cost less than estimated cost.--
                            (i) Greater than or equal to floor 
                        percentage of estimated cost.--In any 
                        case in which the actual cost of 
                        repairing, restoring, reconstructing, 
                        or replacing a facility under this 
                        section is less than 100 percent of the 
                        cost estimated under paragraph (1), but 
                        is greater than or equal to the floor 
                        percentage established under paragraph 
                        (3) of the cost estimated under 
                        paragraph (1), the State or local 
                        government or person receiving funds 
                        under this section shall use the excess 
                        funds to carry out cost-effective 
                        activities that reduce the risk of 
                        future damage, hardship, or suffering 
                        from a major disaster.
                            (ii) Less than floor percentage of 
                        estimated cost.--In any case in which 
                        the actual cost of repairing, 
                        restoring, reconstructing, or replacing 
                        a facility under this section is less 
                        than the floor percentage established 
                        under paragraph (3) of the cost 
                        estimated under paragraph (1), the 
                        State or local government or person 
                        receiving assistance under this section 
                        shall reimburse the President in the 
                        amount of the difference.
                    (C) No effect on appeals process.--Nothing 
                in this paragraph affects any right of appeal 
                under section 423.
            (3) Expert panel.--
                    (A) Establishment.--Not later than 18 
                months after the date of enactment of this 
                paragraph, the President, acting through the 
                Director of the Federal Emergency Management 
                Agency, shall establish an expert panel, which 
                shall include representatives from the 
                construction industry and State and local 
                government.
                    (B) Duties.--The expert panel shall develop 
                recommendations concerning--
                            (i) procedures for estimating the 
                        cost of repairing, restoring, 
                        reconstructing, or replacing a facility 
                        consistent with industry practices; and
                            (ii) the ceiling and floor 
                        percentages referred to in paragraph 
                        (2).
                    (C) Regulations.--Taking into account the 
                recommendations of the expert panel under 
                subparagraph (B), the President shall 
                promulgate regulations to establish procedures 
                and the ceiling and floor percentages referred 
                to in paragraph (2).
                    (D) Review by president.--Not later than 2 
                years after the date of promulgation of 
                regulations under subparagraph (C) and 
                periodically thereafter, the President shall 
                review the cost estimation procedures and the 
                ceiling and floor percentages established under 
                this paragraph.
                    (E) Report to congress.--Not later than 1 
                year after the date of promulgation of 
                regulations under subparagraph (C), 2 years 
                after that date, and at the end of each 2-year 
                period thereafter, the expert panel shall 
                submit to Congress a report on the 
                appropriateness of the cost estimation 
                procedures.
            (4) Special rule.--In any case in which the 
        facility being repaired, restored, reconstructed, or 
        replaced under this section was under construction on 
        the date of the major disaster, the cost of repairing, 
        restoring, reconstructing, or replacing the facility 
        shall include, for the purposes of this section, only 
        those costs that, under the contract for the 
        construction, are the owner's responsibility and not 
        the contractor's responsibility.
    [(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.]

(42 U.S.C. 5172)

                             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.

(42 U.S.C. 5173)

SEC. 408. TEMPORARY HOUSING ASSISTANCE.

    (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.

(42 U.S.C. 5174)

          [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.]

(42 U.S.C. 5176)

                        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.

(42 U.S.C. 5177)

SEC. 411. INDIVIDUAL AND FAMILY GRANT PROGRAMS.

  (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.

(42 U.S.C. 5178)

                     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.

(42 U.S.C. 5179)

                            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.

(42 U.S.C. 5180)

                         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.

(42 U.S.C. 5181)

                             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.

(42 U.S.C. 5182)

               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.

(42 U.S.C. 5183)

                        community disaster loans

    Sec. 417. [(a) The President]
    (a) In General.--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]
    (b) Amount.--The amount of any such loan shall be based on 
need, [and shall] 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, and shall not exceed 
$5,000,000. [Repayment]
    (c) Repayment.--
            (1) Cancellation.--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.
            (2) Condition on continuing eligibility.--A local 
        government shall not be eligible for further assistance 
        under this section during any period in which the local 
        government is in arrears with respect to a required 
        repayment of a loan under this section.
    [(b) Any loans]
    (d) Effect on other assistance._ Any loans made under this 
section shall not reduce or otherwise affect any grants or 
other assistance under this Act.

(42 U.S.C. 5184)

                        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.

(42 U.S.C. 5185)

                    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.

(42 U.S.C. 5186)

                        [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.]

SEC. 420. FIRE MANAGEMENT ASSISTANCE.

    (a) In General.--The President is authorized to provide 
assistance, including grants, equipment, supplies, and 
personnel, to any State or local government for the mitigation, 
management, and control of any fire on public or private forest 
land or grassland with urban interface that threatens such 
destruction as would constitute a major disaster.
    (b) Coordination With State Departments of Forestry.--In 
providing assistance under this section, the President shall 
coordinate with State departments of forestry.
    (c) Essential Assistance.--In providing assistance under 
this section, the President may use the authority provided 
under section 403.
    (d) Rules and Regulations.--The President shall prescribe 
such rules and regulations as are necessary to carry out this 
section.

(42 U.S.C. 5187)

                         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.

(42 U.S.C. 5188)

SEC. 422. SIMPLIFIED PROCEDURE.

    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.

(42 U.S.C. 5189)

SEC. 423. APPEALS OF ASSISTANCE DECISIONS.

    (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.

(42 U.S.C. 5189a)

SEC. 424. DATE OF ELIGIBILITY; EXPENSES INCURRED BEFORE DATE OF 
                    DISASTER.

    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.

(42 U.S.C. 5189b)

                 TITLE V--EMERGENCY ASSISTANCE PROGRAMS

SEC. 501. PROCEDURE FOR DECLARATION.

    (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).

(42 U.S.C. 5191)

SEC. 502. FEDERAL EMERGENCY ASSISTANCE.

    (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.

(42 U.S.C. 5192)

SEC. 503. AMOUNT OF ASSISTANCE.

    (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.

(42 U.S.C. 5193)

                    TITLE VI--EMERGENCY PREPAREDNESS

SEC. 601. DECLARATION OF POLICY.

    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.

(42 U.S.C. 5195)

SEC. 602. DEFINITIONS.

    (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.

(42 U.S.C. 5195a)

SEC. 603. ADMINISTRATION OF TITLE.

    This title shall be carried out by the Director of the 
Federal Emergency Management Agency.

(42 U.S.C. 5195b)

                     Subtitle A--Powers and Duties

SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.

    (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.

(42 U.S.C. 5196)

SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING COUNTRIES.

    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.

(42 U.S.C. 5196a)

SEC. 613. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.

    (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.

(42 U.S.C. 5196b)

SEC. 614. REQUIREMENT FOR STATE MATCHING FUNDS FOR CONSTRUCTION OF 
                    EMERGENCY OPERATING CENTERS.

    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.

(42 U.S.C. 5196c)

SEC. 615. USE OF FUNDS TO PREPARE FOR AND RESPOND TO HAZARDS.

    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.

(42 U.S.C. 5196d)

                     Subtitle B--General Provisions

SEC. 621. ADMINISTRATIVE AUTHORITY.

    (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.

(42 U.S.C. 5197)

SEC. 622. SECURITY REGULATIONS.

    (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.

(42 U.S.C. 5197a)

SEC. 623. USE OF EXISTING FACILITIES.

    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.

(42 U.S.C. 5197b)

SEC. 624. ANNUAL REPORT TO CONGRESS.

    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.

(42 U.S.C. 5197c)

SEC. 625. APPLICABILITY OF TITLE.

    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.

(42 U.S.C. 5197d)

SEC. 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF FUNDS.

    (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.

(42 U.S.C. 5197e)

SEC. 627. RELATION TO ATOMIC ENERGY ACT OF 1954.

    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.).

(42 U.S.C. 5197f)

SEC. 628. FEDERAL BUREAU OF INVESTIGATION.

    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.

(42 U.S.C. 5197g)

                        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.

(42 U.S.C. 5101)

    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.

SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

    (a) Statute of Limitations.--
            (1) In general.--Except as provided in paragraph 
        (2), no administrative action to recover any payment 
        made to a State or local government for disaster or 
        emergency assistance under this Act shall be initiated 
        in any forum after the date that is 3 years after the 
        date of transmission of the final expenditure report 
        for the disaster or emergency.
            (2) Fraud exception.--The limitation under 
        paragraph (1) shall apply unless there is evidence of 
        civil or criminal fraud.
    (b) Rebuttal of Presumption of Record Maintenance.--
            (1) In general.--In any dispute arising under this 
        section after the date that is 3 years after the date 
        of transmission of the final expenditure report for the 
        disaster or emergency, there shall be a presumption 
        that accounting records were maintained that adequately 
        identify the source and application of funds provided 
        for financially assisted activities.
            (2) Affirmative evidence.--The presumption 
        described in paragraph (1) may be rebutted only on 
        production of affirmative evidence that the State or 
        local government did not maintain documentation 
        described in that paragraph.
            (3) Inability to produce documentation.--The 
        inability of the Federal, State, or local government to 
        produce source documentation supporting expenditure 
        reports later than 3 years after the date of the 
        transmission of the final expenditure report shall not 
        constitute evidence to rebut the presumption described 
        in paragraph (1).
            (4) Right of access.--The period during which the 
        Federal, State, or local government has the right to 
        access source documentation shall not be limited to the 
        required 3-year retention period referred to in 
        paragraph (3), but shall last as long as the records 
        are maintained.
    (c) Binding Nature of Grant Requirements.--A State or local 
government shall not be liable for reimbursement or any other 
penalty for any payment made under this Act if--
            (1) the payment was authorized by an approved 
        agreement specifying the costs;
            (2) the costs were reasonable; and
            (3) the purpose of the grant was accomplished.

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      UNITED STATES CODE--TITLE 42--THE PUBLIC HEALTH AND WELFARE

                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT

         SUBCHAPTER XII--PUBLIC SAFETY OFFICERS' DEATH BENEFITS

PART A--DEATH BENEFITS

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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) an employee of the Federal Emergency 
                Management Agency who is performing official 
                duties of the Agency in an area, if those 
                official duties--
                            (i) are related to a major disaster 
                        or emergency that has been, or is 
                        later, declared to exist with respect 
                        to the area under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et 
                        seq.); and
                            (ii) are determined by the Director 
                        of the Federal Emergency Management 
                        Agency to be hazardous duties; or
                    (C) an employee of a State 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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