DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION.

SEC. 105. DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION. (a) Waiver of Conditions.—Title III is amended— (1) by striking out the heading for such title and inserting in lieu thereof: “TITLE III—MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION”; and (2) by striking out sections 301 and 302 and inserting in lieu thereof the following new section: 5142. “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.”. (b) Coordinating Officers.— (1) Redesignation.—Section 303, and any reference thereto, is redesignated as section 302. (2) Inclusion of Emergencies.—Such section is amended in subsection (a) by inserting “or emergency” after “major disaster”. (c) Redesignation of Section 304.—Section 304, and any reference thereto, is redesignated as section 303. (d) Removal of Emergency Assistance and Cooperation Provisions From Title III; Redesignation of Sections 307, 308, and 309.—Title III is further amended by striking out sections 305 and 306 and by redesignating sections 307, 308, and 309, and any references thereto, as sections 304, 305, and 306, respectively. (e) Use of Local Firms and Individuals.— (1) Redesignation.—Section 310, and any reference thereto, is redesignated as section 307. (2) Inclusion of emergencies.—Such section is amended by inserting “or emergency” after “major disaster” each place it appears. (3) Use of department of defense resources.—Such section is further amended by adding at the end thereof the following new sentence: “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.”. (f) Redesignation of Sections 311 and 312; Conforming Amendment.—Sections 311 and 312, and any references thereto, are redesignated as sections 308 and 309, respectively. Such section 308, relating to nondiscrimination in disaster assistance, is amended by striking out “section 402 or 404 of” in subsection (b). (g) Priority to Certain Applications for Public Facility and Public Housing Assistance.—Title III is amended by striking out section 313 and inserting in lieu thereof the following new section: 102 STAT. 4692 “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.”. (h) Insurance.—Title III is further amended by striking out section 314 and inserting in lieu thereof the following new section: “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 making a determination with respect to availability, adequacy, and necessity under paragraph (1), the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance. “(b) Maintenance of Insurance.—No applicant for assistance under section 406 of this Act (relating to repair, restoration, and replacement of damaged facilities), section 422 of this Act (relating to simplified procedure), or section 803 of the Public Works and Economic Development Act of 1965 may receive such assistance for any property or part thereof for which the applicant has previously received assistance under this Act unless all insurance required pursuant to this section has been obtained and maintained with respect to such property. 102 STAT. 4693 “(c) State Acting as Self-Insurer.—A State may elect to act as a self-insurer with reelect 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.”. (i) Duplication of Benefits.—Title III is further amended by striking out section 315 and inserting in lieu thereof the following new section: “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 entities suffering losses as a result of a major disaster or 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.”. 102 STAT. 4694 (j) Reviews and Reports.—Title III is further amended by striking out section 316 and inserting in lieu thereof the following new section: “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.”. (k) Penalties.—Title III is further amended by striking out section 317 and inserting in lieu thereof the following new section: “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.”. (l) Redesignation of Section 318.—Section 318, and any reference thereto, is redesignated as section 315. (m) Protection of Environment; Recovery of Assistance; Audits and Investigations.— (1) Additions to title iii.—Title III is further amended by adding at the end thereof the following new sections: “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. 102 STAT. 4695 “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. “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. “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. 102 STAT. 4696 “(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. “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. “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.”. (2) Conforming amendment to title iv.—Title IV is amended by striking out section 405, relating to protection of the environment.