MAJOR DISASTER ASSISTANCE PROGRAMS.

SEC. 106. MAJOR DISASTER ASSISTANCE PROGRAMS. (a) Procedure for Declaration; General Federal Assistance; Essential Assistance; and Hazard Mitigation.—Title IV is amended— (1) by striking out the heading for such title and inserting in lieu thereof: “TITLE IV—MAJOR DISASTER ASSISTANCE PROGRAMS”; (2) by redesignating section 401 (relating to Federal facilities), and any reference thereto, as section 405; and (3) by inserting before such section 405 the following new sections: “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. “SEC. 402. GENERAL FEDERAL ASSISTANCE. “In any major disaster, the President may— 102 STAT. 4697 “(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. “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 102 STAT. 4698 “(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 removed of debris and wreckage and temporary restoration of essential public facilities and services. “SEC. 404. HAZARD MITIGATION. “The President may contribute up to 50 percent of the cost of hazard mitigation measures which the President has determined are cost-effective and which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by a major disaster. Such measures shall be identified following the evaluation of natural hazards under section 409 and shall be subject to approval by the President. The total of contributions under this section for a major disaster shall not exceed 10 percent of the estimated aggre-102 STAT. 4699gate amounts of grants to be made under section 406 with respect to such major disaster.”. (b) Repair and Restoration of Damaged Facilities.—Title IV is further amended by striking out section 402, relating to repair and restoration of damaged facilities, and inserting in lieu thereof the following new section: “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. “(b) Minimum Federal Share.—The Federal share of assistance under this section shall be not less than— “(1) 75 percent of the net eligible cost of repair, restoration, reconstruction, or replacement carried out under this section; “(2) 100 percent of associated expenses described in subsections (f)(1) and (f)(2); and “(3) 75 percent of associated expenses described in subsections (f)(3), (f)(4), and (f)(5). “(c) Large In Lieu Contributions.— “(1) For public facilities.—In any case where a State or local government determines that the public welfare would not be best served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled by such State or local government, it may elect to receive, in lieu of a contribution under subsection (a)(1), a contribution of not to exceed 90 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing such facility and of associated expenses. Funds contributed under this subsection may be used to repair, restore, or expand other selected public facilities, to construct new facilities, or to fund hazard mitigation measures which the State or local government determines to be necessary to meet a need for governmental services and functions in the area affected by the major disaster. “(2) For private nonprofit facilities.—In any case where a person who owns or operates a private nonprofit facility determines that the public welfare would not be best served by repairing, restoring, reconstructing, or replacing such facility, such person may elect to receive, in lieu of a contribution under subsection (a)(2), a contribution of not to exceed 90 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing such facility and of associated expenses. Funds contributed under this subsection may be used to repair, restore, or expand other selected private nonprofit facilities owned or operated by such person, to construct new private nonprofit facilities to be owned or operated by such person, or to fund hazard mitigation measures which such person determines to be necessary to meet a need for its 102 STAT. 4700 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. “(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. 102 STAT. 4701 “(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 ½ 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 ½ 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) Coots 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.”. (c) Debris Removal.— (1) Redesignation.—Section 403 (relating to debris removal) and any reference thereto, is redesignated as section 407. (2) Inclusion Of Nonprofit Facilities.—Subsection (a)(2) of such section 407 is amended by inserting after “local government” the following: “or owner or operator of a private nonprofit facility”. (3) Rules relating to large lots; federal share.—Such section 407 is further amended by adding at the end thereof the following new subsections: “(c) Rules Relating to Large Lots.—The President shall issue rules which provide for recognition of differences existing among 102 STAT. 4702 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.”. (d) Temporary Housing Assistance.—Title IV is further amended by striking out section 404, relating to temporary housing assistance, and inserting in lieu thereof the following new section: “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 102 STAT. 4703 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.”. (e) Redesignation of Sections 406 and 407.—Sections 406 (relating to minimum standards for public and private structures) and 407 (relating to unemployment assistance), and any references thereto, are redesignated as sections 409 and 410, respectively. 102 STAT. 4704 (f) Unemployment Assistance Limitations.—Section 410 (as so redesignated) is amended as follows: (1) Entitlement to other compensation.—The first sentence of subsection (a) is amended by inserting “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” after “is unemployed”. (2) Term of assistance.—The second sentence of subsection (a) is amended by striking out “one year” and inserting in lieu thereof “26 weeks”. (3) Repeal of reduction in compensation.—The third sentence of subsection (a) is amended by striking out “occurred,” and all that follows through the end of the sentence and inserting in lieu thereof “occurred.”. (4) Reemployment assistance.—Subsection (b) is amended to read as follows: “(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.”. (g) Individual and Family Grant Programs.—Title IV is amended by striking out section 408 (relating to individual and family grant programs) and inserting in lieu thereof the following new section: “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. 102 STAT. 4705 “(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.”. (h) Redesignation of Sections 409 Through 412.—Sections 409 (relating to food coupons and distribution), 410 (relating to food commodities), 411 (relating to relocation assistance), and 412 (relating to legal services), and any references thereto, are redesignated as sections 412, 413, 414, and 415, respectively. (i) Crisis Counseling.—Section 413 (relating to crisis counseling assistance and training), and any reference thereto, is redesignated as section 416. Such section is amended by striking out “(through the National Institute of Mental Health)”. (j) Redesignation of Sections 414 Through 418.—Sections 414 (relating to community disaster loans), 415 (relating to emergency communications), 416 (relating to emergency public transportation), 417 (relating to fire suppression grants), and section 418 (relating to timber sale contracts), and any references thereto, are redesignated as sections 417, 418, 419, 420, and 421, respectively. (k) Simplified Procedure.—Title IV is further amended by striking out section 419 (relating to in-lieu contribution) and inserting in lieu thereof the following new section: “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.”. (l) Appeals; Date of Eligibility; Expenses Incurred Before Date of Disaster; Advance of non-Federal Share; Limitation on Use of Sliding Scales.—Title IV is further amended by adding at the end thereof the following new sections: “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 102 STAT. 4706 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. “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.”.