5.3619 Calendar No. 11 75

advertisement

'

....

91sT CONGRESS

. 20 SESSION

Calendar No. 11 75

5.3619

[Report

No. 91-1157]

IN THE SENATE Olf THE UNITED STATES

MARCH 20,1910 t

~r.

BAYH (for himself, Mr. BIBLE, Mr. BROOKE, Mr. CRANSTON, Mr.

DODD,

Mr.

, EAGLETON, Mr. EASTLAND, Mr. FONG, Mr. GRAVEL, Mr. lLuuus, Mr. ILutT,

Mr. HARTKE, Mr. HUGHES, Mr. INOUYE, Mr. JACKSON, Mr. JAVITS, Mr.

KENNEDY, Mr. MAGNUSON, Mr. MCGEE, Mr. McINTYRE, Mr. MILLER, Mr.

MONDALE, Mr. MUSKIE, Mr. PELL, Mr. RANDOLPH, Mr. SPONG, Mr. STEVENS,

Mr. TYDINGS, Mr. WILLIAMS of New Jersey, Mr. YARBOROUGH, and Mr.

YOUNG of Ohio) introduced the following bill; which was read twice and referred to the Committee on Public Works

AUGUST 31,1970

Reported. by Mr. BAY:H, with an amendment

) [Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To oreate, within the Office of the President, an office of Disaster

Assistance, to revise and expand Federal programs for relief from the effects of major disasters, and for other purposes.

1

2

Be it enacted by the Senate and lIouse of Representatives of the United States at

America in Congress assembled,

3

Aet ffitlY he eited ftS the "Omnibus ±)isaster Assist

,..

5

6

TITLE I FINDINGS :AND DECL:AR}cTIONS,

DEFINITIONS

7

FINDING 8 ::*NB DBOLARA'I'ION8

8

9 that

8B&.

Wh

-fa+

!!!he

Congress hereby

.finds tHffi declares

10

II-O fl+ because extensive property damtlge ftlld less;

1

2

3

2 loss of life; loss of income, and mmult\: stdfenng

I esnlt from

-ma.joc disasters· sUM as hHITiGanos, tornaaoes

,

stOflftS, 600as, high WItters, wind driven waters, tid1tl

4 waves, eartftfJ:aakes, aroaghts, th-es, aHa other eatltstfo

5 phes;ana

6

7

(2) beettliSe SliM aisas!efs aisflir! the HOfilial i " '

8 versely Itiieet iBaiviatllt1 pefSOBS aBa families ,,,ith gt'eat

9 severity, speefal meaSHrcs, aesigned to expedite the

10 fCHderitt:g of aid 8J't:a 8;ssistaBee aHa the reeoHstmetioo

11 and rehabilitation of aevastated areas, are necessary,

12

(b) It ii!i the intent o£ the Otmgt'ess, by this }>::ct, to

13 1¥F9viae an oraerly ana {lOntinHing means of alleviating tae

14 safieflng ana aaHlage wfiieh fesHI! ffom suoo. aisas!efs 'By

15

( 1 )

I e ri~ing and bf6adeftiftg the scope of mdstiBg

16 major disltster relief programs;

17

(

~) on8oHragiBg the aevelopment of (lomproaonsive

18 ais8;s!er relief progflMHs by the States; and

19

(3) aehieviHg greater eoorainatioH aHa fesptlftsive

20 ness 9£ Feaeral major aisaster relief programs 'By eon

21 soliaatiBg theif aaministflttion,

22

BEFINH'fONS

23

SEO,

10~,

.As asea iH this Aet

24 "

25 wiDe. driven waters, tiaal Wa¥8, aro1:lgBt, fire, aarriee:Be

,

)

..

-

11

12

13

14

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19

20

21

,22

23

24

25

3

4

5

6

1

2

9

10

7

8

3 toraado, earth<iuake, stQrHl, or other ea.tastrophe iB allY part Qf the

Ullit~HI

States which ill the determill8 tioR of

~e

President, is er threatens to be of 8Ufticient severity aHa magBitgae to WaHaBt disasteF assistaBee fi, the Federal

GoVefftffieRt to stIpplemeHt the e&fts

Ilftd a:vailable reSORrees Qf States, local gQVerDmeDts, aHd private Felief opganizations in alleviating the dam age, loss, hardship, or sgffering eagsed thereby, and fespeetiHg 'Yi41ieh the GoveffloF of RRy State iR whieh stIeh eatRstfophe OSSftfS

Of thFeateRs to oesaF eertmes the need for flisasteF assistanee andeF this

~\et, and shall give assuranse of e*penditure of a Feasonable amollBt of the funds of sueh State, its 10eRl govefflmeRts,

Of othel' ageneies for the same Qr similar purpQses with respect to stlea eatastrophe;

,( 2 ) "Ufiitetl States" meaHS the fifty

States, the

Distriet of Colambia, PlieFto Riso, the VipgiR Islands,

GtIftm, AHlerieaR Samoa, alld the Trust TerritQry Qf the

Paeifie IslaDGs;

(g)

"State" means allY State ill the Ullited States, the District of Columbia, PuertQ RicQ, the VirgiB Is

JallGS, GRam, American. Samoa, an.G the TrYst Territory

~f the Pacitic IslaDGS ;

( 4 )

"

1..

C h"

State;

3

4

5

6

1

2

7

8

4

(5)

"loeal government" mean8 any cOllIlty, eity, village, tOWB, district, or oiliQl' pQ}iti~al i;u.bdi¥i~igD gf any State, aBO. iJ:.lChui~H3 aBY fYraJ,

COmmYlli,t~T

Of Ynill eorporated town or village for whieh an applieation for a8sista.nee is made by a State or poJitiooJ sHbdlvisiffltthereof;

( 6)

"Federal ageRey" means any department, iR dopofldont ostablishmoRt, Federal corporation, or other ageney of the exeeative branoo of the ]feaeral GovernmeBt, excepting thQ AmericaD NatigDal Red Orgiiliil;

9

10

11

12

13

14

15

( 7 ) "Director" means the Director of the Office of

Disaster AssistaRee except whnre a differcflt meaHifl:g' is indicated

By the SORtSxt withiR whigh it is aBea;

81H1-

. (8)

"Oitiee" moallS tho Offico of

Diga~tor

Agsist-

16

17

TITLE II OFFICE OF DHt'\:8TER A8818TANGE

18

SEe.

201.

(a)

There is hereby ostahlishea, withiB tho

19 Offiee ef the ProsideBt, lUi

Office of DigaBter

Assii'1tanr~ for

20 the pHFflose of administoriag

F~H:{oral disaster n~1ief pro

21 grams, cooraillatiRg relief activities of private relief organiga-

22tions ill majgr di>laster>l, aDd fgr gther pllrpgSeS,

23

(fi)

There shall

BO i-B the Omee a Director of Disaster

24 . } ... ssistaBse aDa an Assistallt

Din~ctor of Disast€lr

J18~i8tamle

25

(hr.} eafter }'efeffed to as the "Assistant Direetor"), cash of

,..

5

1 wlHna

~hall bQ 3pPQilltQd by thQ l)rQ~idQllt, amI shall serve

2 at his pleasure, The OtliEle shaH be aRder the eORtrol aRa

3 lilupervisioR of the DifeetQf. The

A~sistant

DireGtor shan per-

4 form snElh dy,ties as Iaa~T he aSSigRea to him by the Direetor,

5 aRd, dUriRg thQ ah~QllGQ

Qr illGapaGity Qf the DinlGtQr,

Qf

6 aariRg a ¥aeaRey iB that otlise, shall Ret as the Direetor. The

7 Direetor shaH desigRate aR employee of the OtliEle to aet as

8

Direetor aHriRg the abseRee or iNeapaeity of Both the Diree

9 tor aNa the AssistaNt Direet9r, or duriNg a vaeaRey iR both

10 of sHeh ogjees.

11

(0) Subehapter

II of ehapter

5£ of title

5,

URited

12

States OOde

(relatiNg to Exeeutive SehedHle pay rates) , is

13 amended as fQIlQws:

14

( 1 ) SeGtiQll 5313

18 am~u.}ded by adding at the eRd

15 there9f the foH9wiBg:

16

"(20)

Direotor, Omee of Disaster AssistaRee,"

17

(2) 8eetioN 5tH 4 is ameNded by adding at the eRd

18 thereQf thQ fQ1l9~Tillg:

19

"(54)

AssistaNt Direeto:r, Otliee of

Disast~1f

£'\,8-

20 sistaRee,"

21

(d) There are hereby traRsferrecl to the Direetor all the

22

.ftmetions of the Seenltary Qf DQfQniile carri~HI

Qllt thfQ\,lgh the

23

Omee of Civil Defen.se, alld the fun.eti911S, insQfar as stlch

24 . fUllGtion.s relate tQ majof disaster relief, of the

Direet6r

6f

25 the OtliEle of EmergeBey Preparecmess.

r

6

1

2

(e) Within one hundred and eighty day)i; after the effeetive date of this

.Aet, the President may transfer to the

3 Director aflY mnstion of any other ag~mcy or office, or part

4 of any agefley or oftice, in the execative branoh of the United

5 States Government if the Prei-lident detormines that such

6 Hmetiofl relates primarily to mnetions trtffisferred to the

7

Direetor by the preeeding sHbseetion of this seetioD.

8

TR

A

}n!l~R

OF PERSONNEL

9 SEO. 202 (a) All penJ9nnel, a88ets, liabilitie)i;, coutracts,

10 pPOperty, and records a8 are determined by the Director of

11 the BYreaa of the Budget t9 be employed, held, or used

12 primarily in eonnectioD with any fHnotion transferred under

13 the provisions of seetion 201 (d), are transferred to the

14

Director. Exeept as provided in sabseetion (b), personnel

15 eagaged in fanetions transferred ander this title shall be

16 transfeHed in aecordtffiee with applieable laws aDd regala

17 tions relating to transfer of fanetions.

18 .

(l:J)

Persoilllel not unGe}' i-lection 5337 of title 5, United

19

~tateB

COGe, shall be transferred ·without reffiIetion in

(,Jlassi

20 fiefttioft

Of eOHlf"ensRtiofl: for one year after suoo transfer-.

21

(c)

In any ease where all of the fanctions can-jed out

22 throHgh any ageney Of office tu'e treftSfeft'cd purstUl:fit to

23 this } .... ct,

SlieR agency or offiee shall lapse.

24

AUTHORI9?Y OF 9?IIE DlRE09?OB

25

SEe.

20a. (a)

The Direetor of the Offiee of

Disastel'

.-'---~~

'D'lOTT in additiOfl to tho aathority to d81egate aDd

7

2

3

4

5

6

1 reaelegate eo

the hn ••

Ii"".

.:J"

.. t.me.. '" •

Ira....,

AnV

10

J

"h" other ,"-"Lct m

II."

bv

0 d thi~

the exereise of

"3'

Act, delegQte Q

-

JIi nloy •••• I the 0 e. te sae

h oftieers ant:!: em.t'

. h a_

• . ....y ....

-as he ... ay ae'>gIll!te, galiolls of

,u"" luRe

f

,~

L

as

He

thon •• "". •

_v d......

,

. ho noeossary la e..-ry

7 oat his fanetions"

8

(b) The

Direct6f

i~ ftuth:o:ri~c

d t6

II without

9

12

<ega r!l

J ta th.

11 advisQry .o ......

"

,tt...

" "

1'''''''"'0'''

"

DDomtmQ nts

a~

of title

.

m may

.

be QPP

" ri

"o,,,.,)lalloll ""

I

h and adVIce to

5,

Unitea States COGe,

. . same.,

"'pri.l. for

~.

."eiI

rDo~e

the omee in the l'eriaFffl iltees, ethel th ... iemB ..

SI1ei1 eeH!H!

13

o .

IIBe e

.1

;16 fa"ooans. 1

14 the.e regularly ""'I'

lorea a" by

t o ,

.

9t t h F mted ., a,e

SI

.

Governmcftt,

"

It... '"

.u....w"e

0 f sach

COrumI

15 while attelHBg

16

a. the '.'¥le,t

17 ,atien at mle,

18 .

.'

Be"'" g experis IIBII ••

,,.,,It.,,16

U

. ay be I'aill eoml'e"

of the Dlreetor, m

B .

.

B.t exeeem"g l

Bese

naer seebon

.

""td o .... eu te be I""d

.

3109 of saeil tille, a

"

,,01 h.", •• '"

..,gul .. pia.""

from theIr

"

~ r

T

19

20

21

22

whil. s. s .......

of BHsiftess,

<Ii_ ill h." g ." ay

rna,

f e ."

SHOO title, for perSOftS

I

tr,nTe_ ex

fl.'''.'

, mel"oImg fl ••

h " d bX! section

5703

b~igt~mcej a~ aY:t~on:.?;e

.J

0 lTd

• .erviee emp'ory e f

23

24

= . -

1ft order to t

h

e

• of this Ast,

25 the tor

" thoBzed

7

8

9

5

6

3

4

1

2

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

8

( 1 ) to adopt, amend, and repeLll rules and regula. tiofts governing the mann.er of opm-ations, organization, and personnel of the Office, and the perfofHlanee of the powers and duties granted to or imposed upon him by lami

( 2) to appoint and fix the compensation of such officers and employees, Rnd prescribe their funetions and duties, as may be neeet.1sary to cRrry out the provisions of this A.et;

(3) to obtain the services of experts and consultants in accordance with the provisions of section

3109 of title

5

,

United States Code;

(4) to acquire by purchase, lease, condemnation, or in any other lawful manner, Rny real or personal property, tangible or intangible, or any interest therein; to hold, maintain, use, and operate the same; to provide services in oonneotion thenPNith, and to charge there for; and to sell, lease, or otherwise dispose of the same

~t sueh time, in sueh manner, and to the extent deemed necessary or appropriate;

(5) to construct, operate, lease, and maintain build in'J's, facilities, and other improvements as may be

~., necessary;

(6) to accept gifts or donations of services, money, or property, real, personal, or mixed, tangible or in tangible; l'

,...

-

1

4

5

2

3

6

7

8

9

10

11

12

13

14

9

( 7 ) to entOf into eOBtraets or othOf arrtmgemeBts or modifieatioBs thereof, with any govemmeBt, any ageftey or department of the UBited States, or with any person, firm, assoeiatioB, or eorporatioB, and slIeh contraets or othcr ammgemcnts, or modifimtions thercof, may be eBtered into withOlIt legal oOBsideratioo, with oat performaBoe or other bonds, and withom regard to see tion

3709 of the Revised Statates, as amended (41 u.s.a.

5) ;

(8) to make advanee, pragress, aHd ather pay ments whish the Director deems neeessary liBder this

~".:ct wiihoat regard to the pravisioos of sestian

8848 of the Revised StatlItes, as tllflended

(31

U.S.C.

529) ;

~-

15

16

17

18

(9) to take suoo. other action as may be neeessa.ry ta earry aat the provisions of this

Am.

REPOR'FS

'f()

TIm (JONORESS

SHO. 204. The Director shall, a,s SOOB as pFootieahle

19 a£tOf the eBd of each fiscal year, make a report in writing

20 to the PresideBt for sabmission to the Congress OB the

21 activities of the OHioe dariNg the preceding fiseal year.

22

MISCELLANEOUS TRANSFER PHOVISfONS

23

24

25 leges

SEC. 205. (8;) ldl orders, determiootions, mles, regu

Ii tlEl d ' .

8.3619-2

10

2

3

1

4

5

6

( 1 ) which have heen issued, made, granted,

01' allov,red to become effective in the exorcise of functions

'which

8rc transfcl'cd under this Act, by

(A) any agency or office, or part thereof, any functions of whioh are. h'AnRferred hy thi~\

.\('t. or

(R) any ronrt of eomprtt'nt

• • l ' '

JIH'18£twtlOn;

1 aWt

7 (2) wh ioh arc in effeet at the time this tide takes

8 effect;

9 shall eontinue in effect according to their terms until modi-

10 fied, terminated, superseded, set aside, or Npealed by the

11 t' or by

12

'operation of law.

13 fb)

The provisions of this Aet shall not affect any

14 proeeedings pending at the time this seetion takes effeet

15 hefore any ageney

Of offiee, OF part thereof, functions of

16 which are transferred by this Act, exeept tha£ sueh pFoeeed

17 ings, to the ext8II! that they relate to functions so trans

18 fer:rea, shall be continued before the Offioe. SaOO proeeed

19 ings, to the extent they do not relate to fanctions so

20 transferred, shall be eonansed before the agency or offiee,

21

Milan thereof, before whieh they were pending at the time

22 of such transfer. In either ease orders shall be issued in

23 snell proceedings, appeals shall be taken therefrom,

:md

24 payments shall be made pRrsaant to sush orders, as if this

25 Act had not been enasted, and orders issaed in any suell"

11 h n continue in effect until modified, termi

1

2

Hated, superseded, or repealed by the Direetor, by a court

3 of compehmt jurisdiction) or by operation of law.

4

5

G fe)

(1)

Except as provided in paragraph

(2)

(Pc)

the pr()vi~~ioHs of this title shall not affeet prior to the date this section takes

7

8 effect; and

(E) in all such suits proceedings shall be had, ap-

9 peals taken, and judgments rendefed, in the same

10 manner and cffect as if this } .. et had not been enacted.

11 No suit, aetion, or other proceeding comIDeRced by

OF

12

°

I . t s aH: officer of

13 any agency Of office,

01° paft thm"eof, functions of which

14 are transferred by this Act, shall abate by Feason of the

15 enactment of this Aet. No cause of action by or against

16 any agency or office, or part thereof, functioR8 of which

17 are transferred by this Act, or by or against any officer

18 thereof in his official GapaGity shan abate by reason of tho

19 clttletment of this Act. Causes of actions, suits, or other

20

T be asserted by or against the

United States

21

Of sneh official of the omee as may be appropriate aHa;

22 iH any litigation pending whel1 this section takes effeet, the

23 court may at any time, on its own motion or that of Bny

24 party,

25 ordr}' which

8f this sutiseetion~ will give effect to the provisionp

1

12

(2)

If before the date on which this title takes effect,

2 ttny agency or office, or officer thereof in his offieial eapaeity;

3 is a party to a. BRit, &ad

Rnd~r thi!il

A

ct

4 fA) such ageftey or office, or any part thereof, is

5

6 tfQBsfened to the Direetol'; or

("8) any funetion of sash ageney, office, or part

7 thereof, or offieer is transferred to the Director;

8 then ByOOsyit n

'shall be eontinyed by the Direetor (except in

9 the ease of a. sait not invohring funmions transferred to the

10

Direetor, in which case the Emit shall he eontinaed by the

11 agency, office, or part thereof, or officer which was a party

12 to the sait prior to the efieetive date of this title).

13

(fl)

With respeet to any functiOfl: transferred by this

14 A:ct and exereised after the effective date of this title, refer

15 enee in any other Eedem} law to' any agency, effiee, or part

16 thereof, or officer so tmns~erred or functions of which are

17 so transferred shall be deemed to mean the offiee or offieer

18 in whieh saOO fanction is vested parsuant to this Aet.

19

(e) This Am shall not have the effect or releasing Of

20 extinguishing any eriminal prosecation penalty, forfeitare,

21 or liability inOUHed as a resalt of any function transferred

22

..l lUiuCT ttt*'

Het.

23

(f)

Oraers ana aetions of the Director in the exereise

24 of functions transferred ander this Act shall be subjeet to

25 j'lidieial review to the same extent and in the same mannef ) t

a

13

a

aetlOss :l:l.a

a

been by tHe age sey or offiee,

2

3

91'

.t'

.1..

'Am ... f cxereJ:smg eretr, f !\:sy s-a u

~.J

" . moot. t t"tOnT reqauc eedHtg

4 Ie ooliee,

5 live th...

_set. •

heanag-, review that

6 Act shall app

~

"I'P

~

. to apon the reeor , any

. fUsctlon to the exereJ:se f

_sfe_a

S1l00 d ef

"dmiBi.l .... timeliea

I . f<H>liag by by

118 h' the

0

'i

8

1

9

0

11

12

I "

Direetor.

(g)

. lB the "" ........ e h t. f the fusc

100 s transferred usder tr

...ahority "" thai n have the same this

L'1et, iB

.

~e ellOY or

0 ffiee or par t thereof eKereIsmg

,

• ag . immediately preeedmg t heir traBBier, aad hIB sueh faool«lBB

..

• such functIOns sha

II have th. sam. le_ lI<lIie". dUa is e"enJI .... effeet as w g

. hen exerCIse

1.

. d by

SUOtt ag ellev or offiee, or part

J

14 thereof.

15

EFFEO':PIVE DA':l'E

16

17

18

19 e { }

This title, lake

SEO.

20

. d effeol;

JBBety

TS

4\}

Am, the of enactmest of

"Mru!BI

m

this 1.-01; thIS

IIIl suah pnor ef ea - reSi dent date after enae .

. shan presenbe and pu

1 R blieh is the

Feliem-eg

21

20

~. ~~~~~~~~&.re~~~(a~},,~an~J~T~o:f:th~e:o:ffi:e::~

(h)

. subS()ctios (a) or (b) m

201

"""y be

22

23 l""vided

i9l'

m

~pointed

.t'

24 lime after

25

.

1ft h t h e

.

Ii Ii manner pro"''ll e date of shall be compensate d from t the ffir h. is t-IS

A tID. oft ct Such ofOOers

AOI, at ""Y date t h •

<ry first lake affiee, t>l

14

1 the rates provided for in dlis

~ALet.

Sueh compensation and ro

2 lated expenses of theiF offices shall be paid from funds avail

3 able for the functions to be tranf<ferred to the Director pur

4 suant to this Act.

5 TITIIl-B III TIlE AIBHNIHTRATION

O~-,

DIRli:8TER

6

7

A8818TL"£NCE

PAR'!'....A..

EUERGENOY

En}']

JW

8

9 8Eo. 301. (a) Immediately upon the PreRident's desig

10 nation of fm fUCf\; as a major disRster areR, the· Director

11 shall appoint a coordinating officer to operate in such area.

12 {b) In order to effectuate the purpOAes of this } ... ct, the

13 coordinating officer Ahall perform the following functions

14 within the disaster a,rea:

15

( 1) make an initial appraisal of the types of relief

16 most urgently needed;

17

(2) deploy any emergency support teams assigned

18 to the area by the Director;

19

(3) esta,blish such field officerfl as he deems neees

20 sary and as are authorized 11)' the Director;

21

(4) coordinate the administm.t.ion of relief, inellld

22 ing aetivities of tho American National Red Cross aHd

23 suoh other private reliof organizations

HS may agree to

24 operate under his advice or dirootion; and

25

(5) take snoh other action, consistent with aathority

'i)

3

4

5

1

2

15 delegated to him by the Director, and coftsistent with the provisions of this Act, as he may deem neee,sSM'Y to assist local citizens and public officials itt promptly ob taming assiS'tanee to whieh they are entitled.

EMERGBNOY SUl'POWf' 9'BAMS

6 SEO.

302. The Director is authorized to reeruit, train,

7 or otherwise develop emergency support teams of personnel

8 with the capability and responsibility of deploying them

9 selves in a major disaster area immediately upon the procla

10 mati on of a major disaster. Such teams shall haNe such equip

11 ment aftd supplies as may be necessary to bring immediate,

12 emergency assistance to disastm' victims UpOft deploymeftt.

13 .. A:l1 emergency support team deployed ift a disaster area by

14 the Director shall make a preliminary survey of the disaster

15 area tlftd advise the Federal coordinating officer with respect

16 to the types of assistance most urgently needed, and, subjeet

17 to the direction of such officer, give assistance and relief to

18

19 the vietims of the disaster.

EUEROBNOY eOMMUNICA':FIONS S¥8'i'BMS

20

8EO.

BOB.

The Direeto!' is aHthorhwd, after consultation

21 with such other Federal agencies, including the Federnl

22

Communications Commission and the Federal Aviation

23

Ageftcy, as may be appropriate, to establish an emepgeftcy

24 eomultmieations system in any majol' disaster a;rea in order

QiJiiiLt

16

1 to earry oat the fan(:ltions of his office, and to make sach·

2 system available to State and local government officials and

3· othel" persons as he deems appropriate.

4 eOOPBRATION OF FBD13RA:L AOBNOIES

8

9

10

11

12

17

18

19

13

14

15

16

5 SBO.

304. In aIlY major disaster, Federal agoocies are

6 hereby flHthorized, Hpon reqHest of the Director, to cooperflte

7 with the Direetor ill providing assistanee by

(1) Htilizing or lending, with or withoHt eompCfl sation therefor, to States and loeal governments, their eqaipment, sHpplies, faeilities, personnel, and other resourees, other th8li the extension of credit Hilder the

8athority of any Act;

(2) distribHting, through the American National

Red Cross, other private relief organizations, or other wise, medicine, food, and other consamable sapplies;

(3) donating or lending equipment and sapplies, determined in accordance with applicable laws to be surplus to the needs and respensibilities ef the Federal

Govemmem;

20

21

22

23

24

25

(4) performing on pablic or prr'late lands protective and other work essential for the preservatioB: of life and property, inclading

(8;) eleariRg debris and wreckage;

(b) making repairs to, or replacing, public fa cilities, belonging teState or local governments,

r

3

4

5

1

2

17

which were damaged or destroyed by a major disaster;

(c) providing temporary hoasing or other emergency shelter for families who, as a resaIt of stieh major disaster, require temporary hODsing or

6

7

8

9 other emergency shelter; and

(d~ making contribations to Sta.te or local gOY emments for the purpose of carrying out the prow sions of this paragraph.

10

Any funds reoeiveEl by FeEleral ageneies as reimbarsement

11 lor services or snpplies furnished under the authority of this

12 seotion shall be depositecl to the credit of the appropriation

13 or appropriations eHrrently available for sueh services

Of

14 snpplies. The FeElel'al Government shall not be liable for

15 tilly claim based upon the exercise or performance or the

16 failure to exercise or perform a discretionary function or duty

17

Oll the part of a federal agency

01' an employee of the

GOY

18 ernment in carrying out the provisions of this section.

19

PART

B

RECOVERY ASSISTANCE

20

DEBRIS ImMOVAL GRANTS

21

SEC.

B05.

The Director, whenever he determines it to

22 be in the public interest, is authorized to make a grant or

23 grants to any State or local government or agency thereof

24 for the parpose of removing debris deposited on privately

8.3619-3

18

1 owned lands aHd on or in privately owned waters as a resu)

~

2 of a major disaster, and such State or loeal government

01'

3 agenoy is authorized, upon applioation, to make payments

4 from amounts received in such grants to any person for rep

5 imbursement of expenses actually incurred by sueh person

6 in the removal of sueh debris, but not to exceed the amount

7 that such expenses exoeed the salvage value of suoh debris.

8 l'EMPORABY HOUSING

9

8:00. 306. (a) The Direetor is authorized to provide on

10 a temporary basis, as prescribed in this seotion, dwelling

11 accommodations for individuals and families displaced by a

12 major disaster.

13

(b) The Direotor is authorized to provide suob aooom

14

Hlodations by ( 1) using any unoeoupied housing owned

15 by the United States under any program of the Federal Gov

16 emment, (2) arranging with a local public housing agenoy

17 for using unoooupied public housing units, or (3) acquiring

18 existing dwellings or mobile homes or other readily fabrioated

19 dwellings, by purchase or lease, to be placed on sites fur

20 nished by the State or looal government or by the owner

21 occupant displaced by the major disaster, with no site charge

22 being made. Rentals shall be established for such acoom

23

24 modations, under such rules and regulations as the Director may preseribe, taking into aocount the financial ability of

25 the occupant. In case of financial hardship, rentals may be

-

-

19

:f eompromised, adjusted, or waived for a period not to exeeed

2 twelve months, but ill no ease shall any saeh individual or

3 family be required to incar a monthly housillg expense

(in-

4 eluding any fixed expense relatillg to the amortization of

5 debt owing on a house destroyed or damaged· in a major

6 disaster) which is in excess of 25 per ccntum of the monthly

7 ineome of the oeeupant or oeeupants.

8

EMERGENOY PUBLIO TRANSPORTATION

9

SEC.

307.

The

Director is authorized to provide an erner

10 geney publie transportation service in a major disaster area.

11

Such service will provide transportation to governmental

12 offices, supply eenters, stores, post offices, major employ

13 ment centers, and such other plaees as may be neoessary in

14 order to enable the community to resume its normal pattern

15 of life as soon as possible. Suoo serviee shall be provided

16 only until regular publio transportation is restored or pro

17

\-Tided on a regular basis, and shall not in any ease be pro,vided

18 for more thaH one year after the date of the major disaster

19 proclamation.

20

SMALL BUSINESS DISAS'I'EE LOANS

21

SEc. 308. (a)

In the administration of the disaster loan

22 program under section 7 (b)

(1) of the Small Busilless Aot,

23 as amended (15 U.S.C. 636 (b) ), in the ease of property

24 loss or danu~ge resulting from a major disaster the Small

25

Business Administration

III

6

7

8

3

4

1

2

5

16

17

18

19

20

21

22

9

10

11

12

13

14

15

23

24

20

( 1) te the extent such lo~ or damage is not com pcBsated for by insurance or otherwise,

(CLAL)

shall a,t tho borrower's option on that part of any loan in excess of

$500 etMlool (i) the interest due on the loan, or (ii) the prineipal of the loan, or

(iii) any combination of such interest or principal except that the total Rmount so ean celed shall not exceed·

50 per c~mtum of the amount of suoo loss or damage, or

$5,000, whiehever is less, and

{B) may defer interest payment8 or principal pa,yments,

.or both, in whole o.r in part,

Oil such loan during the firs~ three years of the term of the loan without regard to the abiliv? of the borrower to make such paymentis;

01

(2) may grant any loan for the repair, rehabilita,

~on, or replacemellt of property damaged or destroyed, witheat regard to whether the required financial assist

Mee is otherwise available from private sources; and

{3) may in the ease of the total destruetion or sub stantial }troporty damage of a home or basiness concern refinance any mortgage or other liens outstanding against the destroyed or damaged property if suoo financing is for the repair, rehabilitation, or n~placement of property dam&ged or destroyed as a result of such disaster and any such refinancing shall be sabject to the provisions of elauses (1) and (2) of this section.

--

21

1

2

(b) Sestion 7 (b) (2) (...A ... ) of the Small Easiness Aet

(15 U.S.C. 636 (b) (2)

(}L) ) is amended t~ read as follows:

3

4

"

(A) a maj or disaster, as determined by the Presi dent finder the Omnibas Disaster }"ssistance Act, or" •

5

(c) Section 7 (f) of the Small Easiness Act (15 U.S.C.

6

636 (f)) is amended by striking out "Section 2

(3,) of the

7

Act of September 30, 1950 (42 U.S.C. 18550, (a) )" and

8 inserting in lieu thereof "Section 102 (1) of the Omnibus

D'

:L~Sslstanee ust .

10

·11

FARMEH8 HOME ADMINISTRA'NON EMEBOENOY LOANS

SEO.

309. In the administration of the emergeney loan

12 program and€r sabtitle C of the Consolidated Farmers Home

13 Administra.tion Aet of 1961, as amended (7 U.S.C. 19tH

14 1967), in the ease of property loss or domage resulting

15 from a major disaster the Secretary of Agrieulture

16

17

18

( 1) to the extent sach loss or damage is not com pensated for by insuraBce or otherwise, (A) shall at the borrower's option on that part of any loan in

19

20 excess of $500 cansel (i) the interest dae on the loan, or (ii) the principal of the loan, or (iii) any combination

21

22

23

24 of sach interest or prinsipal except that the total amoant so cancelled shall not exceed 50 per eentam of the amount of such loss or damage, or $5,000, whiehever is

-less, and (B) may defer interest payments or principal

.~, ----------------------~~------~~--------~

.....

1

22 payments, or both, in whole or in part, on suoh loan

2

3 during the first three years of the term of the loan with

4

5 mIt regard to the ability of the borrower to make suoo payments;

.(2) may grant any loan for the repair, rehabilita

6

7

8 tion, or replacement of property damaged or destroyed; witho"t regard to whether the required fimmeial assist

'ance is otherwise available from private sources; and

9

10

(3 ) may in the ease of the total destruction or substantial property damage of a home or business eon

11

12

13

14 eern refinanee any mortgage or other liens outstanding against the destroyed or damaged property if suoo finaneing is for the· repair, rehabilitation, or replace ment of property damaged or destroyed as a result of

15

16 saOO disa.ster and any such refinaneing shall be subjeot to the provisions of clauses (1) and (

2) of this seotion,

17

18

LOANS ImLD BY THE VE'l'ERANS' ADMINISTRATION

SEC. 310. Section 1820 (f) of title 38, United States

19 Code, is amended to read as follows:

20

"(f)

(1) The Administrator is authorized to refinanes

21

22

-any loan made ol' actfuired by the Veterans' Administration when he finds saoh refinancing neoessary beoanse of the loss

23 of or destruetion or damage to, property seouring such loan

·24 as the result of a major disa,ster as determined by the Presi

25

-dent paFSuaut to the Omnibus Disaster Assistance Act.

--

-

23

1

" (2) The iBterest rate on any loan refinaneed 1:Hlder this

2 oSHbseetion may be redHeed to a rate eqHfM to the a:verage

3

·oofffial interest rate on all interest beariIig obligatiOilfi of tfts

4

United States havrng maturities of twenty yeaifs or more

5 aDd fonning a part of the publie debt

Il-S eomputed at th6

6 end of the fiscal year next preoeding the date of the loan,

7 adjasted to the nearest one eighth of 1 per eentRm, and

8 the term thereof may be rurtended for saeh period

QS will

9 provide a matHrity of not to exeeed forty years, exoept that

10 the Administrator may aathorize a saspension in tho pay ...

11 ment of principal and interest eharges on, and an additional

12 extension in the matarity of, any saeh loan for a period

13 not to, exceed five years if he determines that sHeh action is

14 neeessary to avoid severe finaneial hardship.

15

" (3) To the extent such loss or damage is not eom

16 pensated for by insarance or otherwise,the

J.·o\ .... dministrator

17 shall, at the borrower's option on that part olany IGaB in

18 exeess of $500, Strueel (A) the interest dae on the loan,

19

Of

(E) the prineipa.l of the loan, or

(0) any combination

20 of suoo interost or IJrineipal except that the total ammmt

21

22 so canceled shall not exceed 50 per centum of the· amoant of suoh loss or damage, or $5,000, 'whichever is less."

23

DISASTER LOAN INTERF.fl'l' RATES

24

SHOo

311. Notwithstanding any other provision of law,

25

-any loan made ander the authority of a disaster lORn pro

24

1 gram administered by any federal ageno~, for the purpose

2

-0.£ reconstruotion, repair, or replaoement of a, struoture

3 damaged or destroyed as the result of a major disaster,

4

Of for the purpose of refinanoing existing loans, mortgagos,

5 or liens on a structure so damaged or destroyed, shall bear

6 interest at a rate not less than the average annual interest

7 rate on all interest bearing ooligations of the United States

8

1-. • • • uavmg matunees

t

OJ: n

..l.t • twenty yeaofs or more anu :tormmg a

9 part of the pablie debt as computed at the end of the fiseal

10 year next preoeding the date of the loan, adjusted to ths

11 nearest one eighth of 1 per oentum.

12

AOB OF AFPLIOANT FOR LOANS TO BEBtHLD HOMBS

13 800.

312. In the administration of any Federal disastep

14 loan program in which a loan is requested for the purpose

15

-of reconstructing, repairing, or replacing any }'esidentiaL

16 strueture damaged or destroyed as the result of a major dis

17

.aster, or for the purpose of refinancing an existing obligation

18 on any such stnlCture

80 damaged or destroyed, the age oi

19 any adult loan applicant shall not be considel'ed in deter.

20 mining ",rbether sueh loan should be made or the amount

21 of sueh loan.

22

BUILDING &PANDARDS FOB HOMES REBUILT

23

SEC. 313. (a) J-"Ony residential stmetare bailt with the

24 aid of a loan granted by a Federal agency as the result of

, 25 a major disaster shall be built in aeeordance with suoo mini

2

25

1 mum standards of safety, deoency, and sanitation as the See

2 retary of Housing and Urban Development may proscribe

3 by regulation for suoh purpose, and in accordance with

10

. 11

12

13

14

16

17

4 .applicable building codes.

5

(b) In order to carry oat the provisions of this semion,

6 the Secretary of HOllsing and Urban Development is

7 authorized

8 ( 1 ) to consult with slIch other officials in the Fed

9 eral, State, and local governments as he deems neOQS

-sary, in order tha,t regulations prescribed under this see. tion shall

15

-ood-

(A) earry out the purpose of this seetion,

(B) have the necessary flexibility to be consistent with requirements of other building regula tions, codes, and program requirements applicable j

-and-

18

19

(2) to promulgate such regalations as may be necessary.

20

-AID 'f'O MAJOR. SOUROES OF EMPLOYMEN'f'

21

·SEO.

311. (a) The Direotor is authorized to provide

22

.any industrial, commercial, agricultaral, or other enter

23 prises, which ha¥e constituted the major sources of employ

24 ment in an area suffering a major disaster, and which are

S.3619

4

26

1

' eration as a result of sue h disaster, such assist

II9 looge.

ill

9p means of grants, loans, or a, com hiaation Ihereof,-alI y

2

""00 by y

" to enable such enterpnses to Fe same 9pefll

3

HIB3'

' bo nooossary

1

, '!"l'tv of the disaster omIe Vla':H

1

J

6

~

A

7

10 any

]

0

Li: tn or

' sholl be in Maitioo

' t

F f

'd d however

H . ,

"'ilea to lito may be adjusted or mo I

.1

9 extent ueem ed appropna e

10

1It0rily

' of seelton

11

12

A t

I s made under

~oan

, oats

01

, till,

, seetlon , g

11 of t

H

A ct but too D:l:reetor,

:I:

""ellen

' 't" it neees f

, ,

I payments of prIllC:l:pa

1 .nd inlerest _

14

15

-¥OOD OOUPONB AND DISTRIBUTIO

..

16

5

(a) Whenever, as re

8ult of a Hl8Pjor alB

SEe, 31 ,

D'

' 1 1 tor detenmnes t at low inoome households.....,

17 asler, lito .ree

18 hIe to nure h ase adequate amoun ts 01 nutritious roed, h bo

T

19

20

21

22

23

-

'

r

is anthon.ed, an der gueh terms and con d'f ns

I

'1 presOfltJe, ase m"3

.l,gTieulture g

0 t

~

, ,

0 " _

II tents to sue h honseholds pa"a""t" pr , eoliP""

II01Il

Stam Aet of of the Eood a p

1964 an d I

0 make ''''1'lns com

" the prOV:l:SlOn. s of section g04

24 t

(

1

27

(b) The Director is authorized to sontinue through the

2

Secretary of Agriculture to make such coupon allotments

3 and surplus sommodities available to sush households for

80

4 loftg as he determines necessary, taking into consideration

5 such factors as he deems appropriate, ineluding the conse

6 quences of the major disaster on the earning power of the

7 households to whish assistanse is made available under this

8 section.

9

{c) Nothing in thi!3 sestion shall be construed as amend

10 ing or otherwise changing the provisions of the Food Stamp

11

Aet of 1964 exeept as it relates to the availability of food

12 stamps in a major disaster area.

13

UNEMPLOYMENT ASSISTANOE

14 SEC.

316.

The Director is authorized to provide to &IlJ

15 individual unemployed as a result of a major disaster, such

16 assistance as he deems appropriate while suoo individual is

17 unemployed. Such assistance as the Director shall provide

18 shall not

~xceed the maximum amount and the maximum

19 duration of payments under the unemployment compensation

20 program of the State in which the disaster occurred and the

21

-amount of assistance under this section to any suoo individual

,22 shall be redused by any amount of unemployment compen

23 oBation or of private income protection insuranee available to

24 such individual for sueh period of ullemploymenfr..

28

1

2

RBS'fORA'fiON OF FEDERAL F:AOiLiTiES

SEO.

817. The President is authorized upon a determina.

3 tion by him that suoh repair, reconstruction, or restoration is

4 of snOO importance and urgency that it cannot reasonably be

5 deferred pending the enactment of specific authorizing legis..

6 lation or the making of an appropriation, to authorize any

7

Federal agenoy to repair,rcconstruct, or restore facilities

8 owned by the United States, under the jurisdiction of sueh

9 ageney, which are damaged or destroyed in any majffi"

10 disaster. In order to carry out the provisions of this seotion,

11

suoh repair, reconstruction, or restoration may be· begun not

12

·withstanding a lack or an insufficiency of funds appropriated

13 for such purpose, where such laok or insuffieiency can he

14 -remedied by the transfer, in acoordanoe with law, of funds

15 appropriated for another purpose.

16

REP:AJB OF HIGHWAYS NOT PART OF FEDERAL AID SYSTEM

17 SEC.

318. The Director is authorized to make a grant to

18 any States affected by a major disaster for the permanent

19 f'epair and reconstruotion of those permanent street, road, and

20 highway facilities not on any of the Federal aid systems

21 whioh were destroyed or damaged as a result of sach a majo~

22 disaster. No funds shall be allocated under this section fm:._

23 repair or reconstruction of such a street, road, or highway

24

.facility unless the affected State agrees to p~y not less than

25 50 per centum of all costs of such repair or reconstruotion,

29

1

RBPAIR OF CER'1'::A:IN S'1'A'fR AND I;OCAT, GOVERNMENT

2

FAOILI':I:'IES

3

SEe. 319. The Direotor is aathorized to make a gfEHlt of

4 sach sums as may be nooossary to pay not more than 50 per

5 eentum of eligible (josts incurred to repair, rostore, or recon

6 struet any projeot of a State, county, muni(jipal, or other

7 local government ageney for flood control, naviga,tion, irriga

8 tion, reelamation, public power, se"wage treatment, water

9

·treatment, watershed development, or airport eonstnlOtion

]0 which was damaged or destroyed as a result of a major

. 11

·disaster, and of the resalting additional eligible costs ineurred

12 to complete any saeh faeility whieh was in the process of

13 eonstruction when damaged or destroyed as a result of sUOO-

14 major disaster. Eligible costs are those costs determined by

15 the Director as incurred or to be incurred in ( 1) restoring

16 a public facility to substantially the same eondition as existed

17 prior. to the damage resulting from the major disaster, ami

18 th~

19 major disaster to the extent the increase of sU(jh (josts o¥er

20 • original eonstraction costs is attribatable to changed

COB

21 ditions resulting from the major disastor. Payment under this-

22 seotion shall be made to the State, or local govOl:nmental

23 agency whieh is constructing the publio facility or for which

24 it is being constructed, cxeept that if the e(jonomic burden

25 of the eligible costs of repair, restoration, reconstruction, or

30

1 completion is incuned by all illdividual, partllership, cor

2 poration, agency, or other private entity (other than an

3 organization engaged in the hu~iness of immnmce) , the Sta.te

4 or local governmental agency shall pay such individnal,

5 partnership, corporation, agency, or other private entity not

6 to exceed

50 per centum of those costs. Eligible costs shall

7 not include any costs for whieh payment is received pur

8

SURnt to insllmnce contracts gr otherwise by the party in

9

-enning the economic burden of such costs.

10 eO?,[l\iUNI'l'Y DISASTER I,OAN FUND

11

SBC.

320.

(a) There is established within the Treasury

12 a.Comnumity Disaster Loan Fund from whish the Director

13 may authorize loans to local governments for the purposes of

14 f mg

15 bonGed indebtedness and for providing the local share of any

16

11~ederal grant in aid program whieh is necessary to the res

17 tortation of the area as the result of a major disaster. Such

18 loans shall be made only where the borrowing local govern

19 ment has suffered a loss of more than 25 per centum of its tax

20 base and is otherwise unable to meet such payments or 10CRl

21 share obliga,tions.

-

~~2

(13 ) Loans B'om the fund established by this section

~J shall be made for such periods as may be neee8sary, not to

24 exceed twenty years, at an interest rate equivalent to the

25 average annual interest rate

011 all outstanding interest

)

31

1

2

3

Infttllnty of twenty years or more, computed at the end of the fiseal year next preceding' tho dat~ of the loan, adjusted

4 to the nearest. one eighth of

1 per centum. The Director may

5 waive init.ial payments of interest and principal on such a u

16an for a period not. to exceed five years

Of' half t.he teml of

7 the loan, whiehever is less.

8

(e) There is hereby authorized to be appropriated such

9

SHruS, no t t

0

$100 000 000. as may he neeessary to

10 carry out the provisions of this seetion.

11

12 8Ee.

USE OF I)OCAIJ FIRMS AND INDIVIDUALS

321. In the expenditure of Federal funds for dehris

13 elcal'ftncc, distribution of supplies, reconstruction, and other

14 major disaster assistance activities which may be carried out

15 by contract with private organizations, firms, or individuals,

16 preference shall be giyen first to those persons who reside o:r

17 do business primarily in the disaster area, and second to those

18 pm'sons residing or doing business primarily in the State in

19 which the disaster aTea is located.

20

FEDERAL GRANT IN AID PROGRAMS

21 8:80. 322. In the administration Of Federal grant in aid

22 pfOgl"ftIDS, t1fly agency charged with the administ.ration of

23 such a program is authorized to modify or waive, for the

24 dHration of a major disaster proclamation, sueh conditions

32

1 for assistance, including matehing funds, as would other

2 wise prC'1;ent the giving of assistance under such programs

3 if the inability to meet suoo conditions is

It result of the

4 disaster.

5

PRIORITY TO OBRTAIN :A:PPLIOATIONS FOR PUBLIO FAOILITY

6

AND.PUBLIO HOUSING ASSISTANOE

10

11

12

13

7

8 anee

9

8EC. 323. In the processing of applicaf,ions fol' assist

( 1) under title II of the Housing J..,mendmrnts of

1955, or any other Act providing assistanee for the I'e pair, eonstraction, or elttension of public faeilities

(2) under the United 8tates Housing Act of for the provision of low rent housing; l

1987

14

15

16

17

(3) undcr section 702 of the Hoasing Act of 1954 f.er assistance in pablic works planning;

(4) under seetion 702 of the Housing and Urban

Development Act of 1965 providing fOl' grants for publie

18

19 facilities; or

(5) andor sootion 306 of the Consolidated Farmcrs

20

Homo Administration } ... et

21 priority and immediate consideration shall be giV€m, during

22 flUCh period as the President F1hall hy proclamation 11rescribe;

23 to applications from public bodies situated in major disastef'

24

B:I"-ea&

I )

33

1

FlIDBRAL LOAN ADJUSTMBNTS

2 8EC.

324. (a) Where such action is -found to be neoes

3 sary because of impairment of the economio feasibility of the

4 system, or loss, destruction, Or damage of the property of

5 borrowers under programs administered by the Rural Elec

6 trification Administration, resulting from a major disaster,

7 the Secretary of Agriculture is authorized to adjust and to

8 readjust the sOOedules for payment of principal and interest

9 on loans to suOO borrowers, and to extend the matarity dates

10 of such loans to a pcriod not beyond forty years from the

11 dates of such loans. The authority herein conferred is in

12 addition to the loan extension authority provided in section

13

12 of the Rural ElectrifioatioH Aot.

14

(b) The Secretary of Rousing and Urban Development

15 is authorized to refinance any note or other obligation which

16 is held by him in connection with any loan made by the

17

Department of Rousing and Urban Development or its pred

18 eceSSOf in interest, or which is included within the revolv

19 ing fund for liquidating programs established by the Inde

20 pendent Offices Appropriation

OLALct of 1955, where he finds

21 such refinancing necessary because of the loss, destruction,

22 or damage to property or faoilities scouring such obligations

23 as a result of a major disaster. The interest rate on any

34

1 note or other obligation refinanoed under this subsection may

2 he reduced to a rate not less than a rate equal to the average

3 annual interest rate on all interest bearing obligations of

4 the United States having maturities of V;\Tenty years or more

5 and forming a part of the public debt as computed at the

6 end of the fiscal year next preceding the date of refinanoing,

7 adjllsted to the nearest one eighth of 1 per centum, and the

8 -tefln thereof may be extended for snoo period as will pro

9 vide a maturity of not to exceed forty years from the date

10 of the

10M.

The 8ecretflry may authorize a suspension in the

11

payment of principal and interest charges on, and an addi

12

tiona! extension in the maturity of, any such loan for a

13 if he determines that such

14 action is necessary to avoid severe financial hardship.

15

TIMBER SALB OON'FRAO'f'S

16 S 8ga (a) Where an existing timber sale contract

17

between the Secretary of }·Lgriculture or the Secretary of

18 the Intm'jor and a timber purchaser does not provide reliei

19 from major physical change not due to negligence of the

20 purehascr prior to approval of oonstruction of any section o~

21 specified road or other specified development {aeility and, as

22 a result of a major disaster a major physical ohange results

23 in additional oonstruction work in connection with such road

24 or facility by suoh purchaser with an estimated

COAt as deter

25 mined by the appropriate Secretary (1) of more than $1,000

i~ i',1 r

35

1 for sales under ORe million board feet, or (2) of more than

2

$1 per thousand board feet for sales of one to three million

3 hoard feet, or (3) of more than $3,000 for sales over three-

4 million board feet, such increased construotion cost shall

5 be borne by the United States.

6

(b) Where the Secretary determines that damages are

7 so great that restoration, reoonstruotion, or oonstruotion is

8 not praotioal under the ooot sharing arrangement authorized

9 by subsection (a) of this section, the Seeretary may allow

10 ooneeHation of the contract notwithstanding' provisions there

11 m-.

12 (e) The Secretary of Agriculture is authorized to re

13 duoe to seven days the minimum period of advance publie

14 notioe required by the first seotion of thc Aot of Jane 4, 1897

15

(16

Y.RC.

476), in oonneetion with the sale of timber from

16 national forests, whenever the Sceretary detennines that (1)

17 the sale of suoo timlJer will assist in the construotion of any

18 a,rea of a Stato damaged by a major disaster, (2) the sale

19 of suoo timber will 'assist in sustaining the economy of

20 such area, or (3) the sale of suoo timber is neoossary to sal

21 vage the vahie of timber damaged in such major disaster or

22 to protect undamaged timber.

23

(d) The Direotor is authorized to mako grants to any

24

State or politieal subdivision thereof for the purpose of re

25 moving from privately ownod lands timbor damagod as a,

'f

36

1 result of a major disaster, and sROO State or politieal sub-

2 division is authoriood, upon application, to make payments

3 out of such grants to any person for reimbursement of ex

4 pcnses aetRally ineun-ed by sReh person in the removal of

5 damaged timber, but not to exceed the amount that sRefi

6 expenses exceed the salvage value of such timber.

7

PUBIJIe h~:ND

ENTRYMEN

8 8Ee. 826. The Seeretary of

.. the Interior is authorized to

9 give any pablie land entrynmnsuch additional time in which

10 to comply :with any rc:quirement of law in connection with

11 any public land entry for lands affeoted by a major disaster

12 as the Secretary finds appropriate beoause of interferenoe with

13 the entryman's ability to comply with sueh requirement as a

14 resill:t of such major disaster.

15

PART

C

GENERAL PROVISIONS

16

STATE DISASTBB PLANS

17

SEe. 327.

(It)

The Director is authorized to provide

18 assistance to the States in developing comprehensive plans

19 and practieable programs for preparation against major dis

20 asters, and for relief and assistance for individuals, businesse&;

21 a~d loeal governments following such disasters. Such plans

22 should include long range recovery and reconstruotion assist

23 anee plans for seriously damaged or destroyed public and

24 private facilities.

25

(b) The Director is authorized to make grants of not

37

1 more than $250,000 to Rny State, upon applieation therefor;

2 for not to exceed 60 pel' centum of the eost of developing

3 suoo plans ood programs.

4

(c) Any State desiring assistance under this seetion

5 shall designate or create an ageney whieh is speeially qua Ii

6 fied to plan and administer such a disaster relief program,

7 and shall, through such agency, submit a State plan to the

10

11

8

Direetor not later than December g1, 1971, which shall

9 ( 1 ) set forth a eomprehensive and detailed State program for preparation against and relief following a major disaster, including provisions for emergency and

12

13

14

15 long tefHl assistance to individuals, businesses, and local governments, and

(2) ine!ude provision for the appointment of R State coordinating officer to act in coopertttion with the Fed

16

17 eral coordinating officer appointed under seetion g01 of

18 t

Hct.

(d) As soon as practicable after December gl, 1971,

19 the Director shall make a report to the President, for sub

20 mission to the Congress, containing his recommendations

21 for programs for the Federal role in the implementation and

22 funding of comprehensive disaster relief plans, and sueh

23 other recommendations relating to the Federal role in dis

24 aster relief activities as he deems warranted.

38

1

2

BSB AND OOORDJNA'l'ION OF PRIVA'l'E RELIEF

3

OBOANIZA'rIONS

SEO.

328. (a) In providing relief and assistance follow

4 mg a major disastcr, the Director may utilize, with their

5 consent, the personnel and facilities of the

~\merican

Na

6 tional Red Cross, the Salvation l\fHlY, the Mennonite Board

7 of Missions and Charities, and other' private relief organiza

8 tions, in the distributiOIt of medicine, food, supplies, or other

9 items, whenever the Dil'ector fiIlds that distribution through

10 such organizations is necessary.

11 (b) The Direetor is authorized to enter into agrecments

12 with the

.t ... menean National Red Cross and other private

13 relief organizations under which the disaster relief a,ctivities

14 of such organizations may be coordinatcd hy the Federal

15 coordinating officer whencver such organizations arc engaged

16 in providing I'elief during and after a major disaster.

Any

17 such agreement shall include provisions conditioning use of

18 the facilities of the Office and the services of the coordinating

19 officer upon compliance with regulations promulgated by the

20 Direotor under section 330 of this Act, and suoh other regu

21 lations as the Director may require.

22

DUPLIOATION OF BENEFITS

23

SEO.

329. (a) The Director, in consultation with the

24 head of each department or agency of the Federal Govern

25 ment administering any program providing financial assist

I .

1

2

3

4

5

39 "

a.. ee to pe ...... s, losses"" the

" siBess

40

I f

",sat

or

"

e"",,~

a

,

,

concern, or

4-her entities suffenng

rusa,ter, , eth"" a .... r.

""tily will

1. tHat

.

II

" fCee.,'e t. ef

"'00 less as ...

00 p ....... , " ......

""00

which he has

ess ftCe with fCspee

T

,

t to any pa

1'1

• .

d financIal aSSIS

taa.. " ..

01.. ..

J

.ther

6

7

8 program.

I

h \

''''

Thc Director s hall assure

"

Rn}

001l eem ..

, otller

Fede ....

I business

ft,

ssistanee for

""ely rf d as the result e ..

_jor disasler if

9 anv

10

.J

Jlftf!

of a 10"

O

,affere. '"

r entIty reeel re

n •• ".ern,

9

01

1mt

"OOIJ'easati"" fFem

I'M er

Sll

00 a less.

11

12

h

r source for t .

....... e er any 00e

I

Partia.l compensa

,10

s or a part

0

f a los, r .... ltmg

ludc additionAl

Fe d I cra

. eF di ..

",ler

6-"', fFem .. mllJ

. tnnoe for any par t

h

n not prcc of sueh a loss

I10t

"OOIJ'en,,,'e d elne<

15 wik.

16

Whofifwer the

Direetor detenninos that ( 1) -a

(e)

17 P""""",

18

40_

.i.......,e ""

. h" de. t4!l

u

A ct for a loss an

d that

, oth~r

. 01

en f

1 tv

.

"'00 perso .. ,

auSl'"

the . _ .

19

20 h

"ess OO1I9em er oler e h

I."!rem "noter .-

(2 \

~;aad

\ ,

ded

. that the "mouRt fee.,,'. d

the amoun

t h

II

of the lass, he .....

21 /rem

22 IF

23

24

...., et all s ..... e. """""

N~~eft~~oor,:-a~uw.s*inne&.s~s~e~oHnRc~e~rn"

S1ieh

p ....... ,

• 11ft

Rt ame_, to the

Treasury ,

. d

~.

summen

t or other eRtity to pay

f

the

"",oant e ex.ee d

F d to reimburse t h . .

40

1 eral Go¥ernment fO!' that part of the assistance vlhieh he

2 deems excessive.

3

NONDISORIMINA':FION IN DISAs':FOO ASSISTANCE

4

SEO.

330, (a) The Director shall IHft.ke, alter and ftmend

5 such regulations as may be neeessary for the guidance of

6 persoThilel ca.rrying out emergeney relief rnnetions at the

7 site of a major disaster. Suoo regulatiollil shall include pro

8 visions for insuring that the distribution of supplies, the

9 processing of a.pplieations, and other relief and tl;ssisttl;uee

10 tliOtivities shall be necomplished in an equittlible and impartial

11 mnnner, without discrimination on the grounds of race, color,

12 r.eligion, nationality, sex, age, or eeonomie status prior to

13 a major disaster.

14

(b) As ft· condition of participation in the distribution

15 6f assistance or supplies under section 328, private relief

16 organi~ations shall be required to agree to comply with

17 Office regulations relating to nondiserimination promulgated

18 by the Director, and such other regulations applioable to

19 aetivities within a major disaster area as he deems necessary

20 fOf the effective eo ordination of relief efforts.

21

22

EMERGENO¥ SUPPLY DEPOTS

SEC.

331. The Direotor is authorized to estft.bli~h fmrh

23 emergency supply depots as he deems necessary for th('

i

I

I

I

41

1 aoemnmation of essential disaster relief ef}m.pment alla

2 supplies.

3

4

ADVISORY rJ3HSONNEL

SEO.

3g2. The Directol' is ftuthori~ed to assign advisory

5 personnel to the ehief executive offioer of any State or loeal

6 gOllernment within a major disaster area, upon request by

7 saM oflieer, whenever the Director· determines that snch

8 assignment is desirahle in order to insare full utilization

9 of felief and assistance resources and programs.

10

FIRB SUPPRBSSION GRANTS

11

SEO. gga. The Director is authorized to make grants

12 and loans to aay State to assist ill the syppression of any firo

13 Oll pllhlieJy or privately OWIled forest or grasslands whieh

14 threatens SUM destraction as woald eonstituto a majo,

15 -disaster.

16

DISAS'f'ER WARNINGS

17 SEC.

331. The Direotor is authorized to utilize or

18 to make available to other agellcies the faoilities of tho

19 -civil defense oommullieations system established and main.

20 tained pursaant to seotion 201 (e) of the Federal Civil De·

21 fense Aet of 1950, as amended (50 U.S.C. App. 2281 (e) ) ,

22 for the pllrpose of providing needed wamiBg to governmental

42

1 aathorities and the civilian population in areB s endangered

2 by imminent natm'al disasters.

3

TITLE IV=THE NATIONAL MAJOR DISASTER

4

INSURANCE PROGRAM

5

BASIO AU'l'HORITY

6 SEC. 401. (a) The Seeretary of

Housing a.nd Urban

7 Development (hereafter in this title referred to as the

8 "Seeretary") is aathorized to establish and earry oat

&

9 Bational major disaster insuranee program whieh "Will enable

10 interested persons to parehase insurnnee against loss resalt

11 ing from pnysieal damage to or loss of real property or

12 -personal property related thereto arising from My Illajor

13 .disaster oeoorring in the United States.

14

(.b) IE. carry..ng OHt the major disaster insuranco pro

15 gram the Seeretary shall, to the maximHm extent prao

16 tieMlle, eneourago and arrange for

17

..( 1 ) appropliate finaneial partieipation a,nd risk

18 sharing in the program by inslHanee eompames or othOJ'

19 insarers, a,nd

20

..( 2 ) other appropriate participation

9ll other thaD

21 a risk--sharing basis by insurance companies or other

22 immrers, insurance agents and brokers, and insHranee

23 adjustment organizations.

24

SCOPE OF PROGRAM AND PRIORI'I'IES

25

SEC.

402. (a)

In oarrying OHt the major disaster insar

\

:.1

· 43

1

/IDee program the Seeretary shall afiord a priority to making

2 major disaster insuranee available to BOyer residential prop

3 erties whiOO are designed for the oeeupaney of from ORe to

4 foar families.

5

(b)

If

OR the basis of

6

7

( 1) studies and investigations RBdertaken aBd

CaF ned oat and information reeeived

Of exehtmged UDder

8

9 seetion 404, and

(2) such other information may be neeessary,

10 the Seeretary determines that it would be feasible to extend

11 -the major disaster insaranee program to Gover other proper

12 ties, he may take saOO action under this title as from time

13 to time may be necessary in order to make ma,jor disaster

14 insumnee available to eover, on saOO basis as may he feasible,

15 any types and classes of

16

(A) other residential properties,

17

(B) husiness properties,

18

(C) agriooltural properties,

19

(D) properties oeoopied by private nonprofit or

20

21

22 ganizations, ftB::d

(E) properties oWlled by State and loeal govern me:ats and age:aeies thereof,

23 and any such ext8llsions of the progrrun to any types and

24 classes of these properties shall from time to time be ppe

25 scribed in regulatioos.

44

1

2

NATURE AND LIMI'fA'i'ION OF INSUBANOB OOVER:A:GE

SEO.

403.

(8))

The Seeretary from time to time shaU,

3 after conswtation with the Director 004 approflriate repre

4 sentatives of the insurance authorities of the respeetive States,

5 provide by regulation for general tenns and eonditions of in

6 surability which shtill be applieable to properties eligiblo

7 for major disaster insaranoe coverage under seotion 402, in.

8 eluding

9

10

(1) the tyfles, masses, and locations of any suoo properties whiGh shall be eligible for major disaster in

11

SW'ooce;

12

( 2) the nMMe of and limits of loss or damage in any

13 area.s (or subdivisions thereof) which may be oovered

14

by saOO rns1H9ifloo ;

15

(3) the olassification, limitation, and rejeetion of

16 any risks which may be advisable;

17

( 4) appropriate minimum premiums;

18

-(5) appropriate loss dedactibles; and

19

( 6 ) any :ether terms and conditions relating to

20 insurance coverage or exclusion whish may be neeessary

21

·to earry oat the provisions of this title,

22

(b) In addition to any otlu~r

tStm8

and oonditions under

23 subseetion (a), such regalations shall provide that

24

(1) any maJor disaster insaranoe coverage based

-.

I

I.

1

4

5

2

3

6

7

8

20

21

22

23

24

16

17

18

19

12

13

14

15

9

10

11

45 on ehargeable premium rates (under section 405) which are less than estimated premium rates (under semion

404 (a) (1) ) ; shall not exceed

(A)

in the case of residential properties which are designed for the oeeupanoy of fro~ one to four families,

(i)

$15,000 aggregate liability for any dwelling unit, and $30,000 for any single dwell rag d

11"

umt,

and

(ii)

$5,000 aggregate liability per dwell ing anit for any contents related thereto; and

(B) in the case of any other properties whieh

. may beeome eligible for major disaster inslHanee oovemge under section 402, $30,000 aggregate liability for any single stracture; and

(2) any major disaster insurance coverage whieh may be made available in excess of any of the limits specified in subparagraphs (A) and (B) shall be based only on ehargeable premium rates (under section 405) which are not less than estimated premium rates

(unde~ section 404 (&) (1) ), and the ammmt of such excess eOTlemgo shall not in an:i case exceed an amount which

-is equal to any such limit so specified.

16

17

18

19

20

21

22

23

9

10

11

12

13

14

15

7

8

46

1

ESTIMA'f'BS ffi' rllBJ.IlUM !lATHS

2 SEG.

404, (a) The Seoretary is authoriged to under

3 take and carry out such studies . and investigations~ and to

4 receive or exchange such infonnation as may be necessary,

5 to estimate on an area, subdiyision, or other appropriate

6 basis

.• ( 1 -) the risk premium rates for major disaster

-insurance which

(A) based on consideration of the riRk involved and Reeepted actuarial prineiples, and

(B) including

(i) applicable operating costs and nllOJ,ljr anoes prescribed under seotion

408 to lJe re

.tlected in such rates, ana

~ii) any administrative expenses (er por

24

.tion of such expenses) of carrying out the majoT

" w h' h ' h' d'

.tion, shoDld properly be reflected in ,such rates,

.. would be required in order to make such insunmee avail able on an actuarial basis for any types and classes of properties for JNhieh insuranoe coverage shall be ayail~ able under section 402; and

(2) the rates, if less than the rates estimated under paragraph ( 1 ) ,which would be reasonahle, would

en

25 eournge prospective insureds to purchase major disaster

...

1

2

3

47 insaranee, and would be consistent lHith the purposes of this title.

(0)

In carrying OHt ,sllbseetiol1 (a), the Seeretary shall,

4 to the maximnm extent feasible HIld on

A: reimhursement

5 basis, utilize the !:1('YVieeB of the Department of the

~\rmy,

6 the Department of the Interior, the Department

0

fA'

I

7 tnro, the Department of Commeree, and tlle rrennessee

Val

8 I

A

:r,

9 or agencies, and for such purposes, may enter into agres.

10 ments or other appropriate arrangements with any persons.

11

12

ESTABLISHMENT OF' OIlA:OOEABLE PRE,MIUM RATES

SEe. (105.

(a) On the basis of estimates made under

13

,gection

404 and such other information as may be neeessary,

14 "the Secretary from time to time shall, aIter consultation with

15 the Direetor and appropriate representatives of th.e insurance

16 authorities of the respcetive StMes, hy regulation prescribe

17

18

19

20

-

~)1

( 1) ehargeable· premium ra,tes for Hny types and elasses of properties for which insurance coverage shall he available under section

402

(at less than the esti mated risk premium rates under section 401 (a)

(1), is

.1 ncocssary, , aau

22,

23

24

(2) the terms and conditions under which and areas (iaelading subdivisions thereof) within which such

-rates shall apply.

4

7

8

5

6

1

2

3

48

(b) SHOO rates shall, insofar as praetieable, be

(

1 ) based on a oonsideration of the respeotive risks involved,

(2) adeqHate, on the basis of aeeepted aetmHial prinoiples, to provide reserves for antiepated losses, or, if leSfl thaD Slloh anloont, consistent with the objective of making major disaeter insHrance a ... -railable, where neees sary, at reasonable rates so as to encourge prospective in

9

10

11

SlHeds to purehase Slloo inSllrance, and

(3) stated so as to refleot the basis for sHeh rates,

4neluding the differenees

(if any) between the estimated

12

13

14

15

·risk premiam rates under paragraph (

1 ) of seetion

404 (a), and the estimated rates under paragraph (2) of sHeh seetion.

(e) ...

A ny OOargeable premium rate preseribed Hnder this

16 seeSon is

17

( 1 ) at a mte whieh is not less than the estimated

18 risk premrnm rate under section 404 (a) (1), and

19

(2) snob rate ine1Hdes any amount for administra ..

20

0 f '

21

Mee programs whieh have been estimated Rnder clause

22

(ii) of seetion 404 (a)

(1)

(B) ,

23 a sum eqU:&1 to such amount shall be paid to tae Seeretary,

24 and he shall deposit suoo sum in the fund authorized andor

25 section 407.

,

1

49

1

TRFlASURY "BOOROWIN6 AUTHORITY

2 SEC. 406. (a) The Se&etary is fl;ath,orizod to isSRo to

3 the Seeretary of the Treasury from time to time and ha:ve

4 outstanding at any one time, in an amount not exoeoding

5 $500,000,000 (or such greater amolmt fl;S may he approved

6 by the President), notes or other obligations in saoo forms

7 and denominations, bearing such matHrities, and subjeet to

8 such tel'ftls and eonditions as may be preseribed by the

9 Administrator, with the approval of the Secretary of the

10 Treastlry. Such notes or othet" obligations shall bear interest

11 at a rate determined by the Secretary of the

Treasury,

12 taking into consideration the Cllrrent average market yield

13 on the otHstanding marketable obligations of the United

14 States of eomparable maturities during the month proeeding

15 the issaance of sach notes or other obligations. The Secretary

16 of the Treasury is authorized and directed to plifchase any

17 notes and other obligations to be iSSRed ll1lder this subsection,

18 and lor suoo purpose he is authorized to use as a publie

19 debt transaetion the proceeds from the salc of any seearities

20 issued under the Seoond Liberty Bond Aet, as amended,

21

, 22 and the purposes for which securities may he issued under suoh

}~ct, as amended, are OKtended to inelade any pur

23

24 chases of such notes and obligations.

The Seeretary of the Treasury may at any time sell

25 any of the notes or other obligations aequired by him under

I

\

50

1 thifJ section.

An fedemptionfl, pHreha~es, and sales by the

2 Secretary of the Treasury of snch notes or other obliga,tions

3 shall be treated as public debt tfftllssetions of the United

4

States.

5 (b) Any

{HndR hOfFo'wed hy the Secretllry under thiR

6 fm.thol'ity

Rhnl1, , from time to time, he depoRited in the

7

National Major Disaster Insnrance Fnnd eRtablished under

8 seetion

407.

9

NACJ?IONAL MAJOR DISAS'fBR IN8URANCB FUND

10

SEC.

407.

(a)

To cflfry out the major disaster imiur

11 anee program authorized by this title, the Secretary is

12 authorized to estahlish in the Treasury of the United States

13 a National Major Disaster InsHffmee Fund (hereinafter

14 referred to as the "fund") whieh Fhall be available, without

15

16 fiseal year limitation

( 1) to repay to the Seeretary of the Treasury such

17 sums as may be borrowed from him (together with

18 interest) in accordance with the authority provided in

19 seetit)ft 406 of this title; and

20

~2) to pay sueh administrative expenses (or pOl'

21 tion of such expenses) of earrying out the major disaster

22

Insuranee program as he may deem neeesFlary; ann

23

(B) to pay elaims and other expenses ann ceBts of

24 the major disaster insurance program, as the Recretnl'Y

25 deems necessary.

7

8

9

5

6

1

2

3

4

10

11

12

13

14

51

(b) The fund shall be credited with

( 1) such fnnd!; borrowed in

~eeordanee with the authority provided in seetion 406 of this }Lct as may from time to time he deposited in the fund;

(2) sHcll amOlmts

9 R may he

A clvaneed to tIle fLlml front appropriations in order to maintain the fund in

IHl operative condition adequate to mest its liabilities;

(g) interest which may be eamed on investmentt, of thc fund pUf:<Uftnt to subsection (e) ;

(4) such

SHIn8 88 are required to bc paid to tIle'

Secretftfy under section 405 (d) ; and

(5) receipts from any other operations nnder thistitle which may, from time to time, be credited to the fund (including premiums and salvage pmeeed:~, if fifty,

15 resulting from reinsurance £loverage) .

16

17 r . d

(e)

If,

Rfte}' all outstanding obligations have been d the Secretary determines that the moneys of tllC

18 fund Are in excess of £lurrent needs, he may request HIe in

19 vcstmcftt of such amounts as he deems advisable by the Seerc

20 tary of the Treasury in obligations issued or guaranteed by

21 the United States.

22

R,\ YMENT OF OLAIMB

23

S 408 The Seeretary is authorized to presrribe regn

24 lations establishing the general method or methods by which

2;') proved and approved claims for losses may be adJusted AmI

52

1 Faid for any damage to or loss of property whieh. is covered

2 by major disaster msuranee made availa.ble under the pro

3

VISIOns

.t

0:1

A tHIS Het.

4

DISSBMINATION OF MAJOR DISASTER INSURANOE

5

INFORMA'fION

6

SEC.

409. The SeOl'etary shaJl take such action as may,

7 from time to time, be necessary in order to make infonna.tion

8 and data available to the public and to any State or local

9 agency or official, with regard to

10

(1) the major digagter ingurance program, its cover

11 age and objeetives, and

12

(2) estimated and chargeable major disaster insur

13

14 anee premium rates, including the basis for and differ· ences between such rates in accordance with the provi-

15 sions of section 405.

16

PROHIDI'fION AO:A:INSP OBRTAIN DUPLIeATIONS

17

OF BENEFITS

18

SEO.

410. (a) Notwithstanding the provisions of any

19 other law, no Federal disaster assistance shall be made avail

20 able to any owner of real property for the physiool loss,

21 destruction, or damage of suell property, to the 8*tent that

22 such loss, destruction, or damage

23

( 1 ) is covered by a valid claim which may be ad

24 jasted and paid under major disaster insumnee made

25 available lIDder the aRthority of this title, or

{

1

2

3

53

(2) emlld have been cwv~el'ed by a valid elaim under major disaster inSlll'tlllCe which had been made avail able under the authority of this title, if

4

5

(}.c) such loss, destruction, or damage oeeurred subsequent to one year following the date major

6 disaster insuranoe was ma,de available in the area

7

8

(or subdivision thereof) in which such property or the major part thereof was located, and

9

(B) snOO property was eligible fOt' maj or disaster

10 insurance under this title at that date,

11 and in such circumstances the extent that such loss, de-

12 struotion, or damage eould have been covered shall be

13 presumed (for purposes of this subseetion) to be an

14 amount not less than the maximum limit of insurable

15 loss or damage applicable to such property in such area

16

(or subdivision thereof), pursuant to regulations under

17 section 403, at the time insurance was made available

18 in such area (or subdivision thereof) ,

19

(b) For pm'poses of this section "Federal disaster assist

20 ance" shall include any Federal financial assistance which

21 may be made available to any person as a result of

22

)

' d '

0,"

.... 0 (2)

Ii natural disaster, as determined by the See

24 retary of }.cgrioulture pursuant to seotion 321 of the

.,

.L

54

Oonsolidated Fanners Home Administration Act of

2

3

4

1961 (7 U.S.C'. 19tH), find

(3) a disaster with respect to which loans may be-

5 made under seetion 7 (b) of the 8mtlll Business Aet, as amended (15 U.S.C. 636 (b) ) .

6

(c) For purposes of section 329 of this Act, the tenn

7

"financial a.8sistance" inch-ldes any major disaster insurance

8 which is made available under this title.

9

10

PROPERTIES IN VIOLATION OF' STATE AND LoeAL LAW

SEe. 411. (a) No new major disaster insurance coverag~

11 shall be provided under this Act for any property which the

12

Secretary finds has --been desIared by a duly constituted

13

State or local zoning authority, or other authorized public

14

"body, to be in violation of State or local laws, regulations,

15 er ordinanees which are intended to discourage or otherwise

16 restrict land development or occupancy in disaster pron~

17 areas.

18

OOORDINATION WITH OTHER PROGRAMS

19 SEe. 412. (a) In carrying out this title, the Secretary,

20 ill cooperation with the Director, shall consult with other

21 departments and agencies of the Federal Government, and

22 interstate, State, and local agencies having re!lpon!libilities

23 for major disaster assistance in order to assure that th~

24 programs of such agencies and the maj or disaster insurance

25 program authorized under this title are mutually consistent. ..

1.

55

(b)

The Vetenllls' }Ldulimstflltiofl:, the Federal H01:ls-

2 ing ...

A dministration, and any other Federal agenoy Ildminis-

3 teriB.g a program llIldsr which loans or mortgages on resi-

4 dential or other struotures are guaranteed or insured by the

5 Federal GoYernment, shall, by nlgulation, require that any

6 such structure be inslued under the major disaster insurance

7 program administered by the Secretary.

8

TER1\HNATION OF AU'l'HOBlTY

9

SEC. 413. The Secretary shall not establish or carry out

10 the major disaster immrance program authorized by this

11 title if he finds and certifies to the President and the Oongress

12 not later than June

30,

1971, that major disaster insurance

13 with coverage equal to or more extensive than that which

14 would be provided under this title has been made available

15 on reasonable terms by private insurance companies. The

16 provisions of this title shall have no effect from and after

17 such eertifieatioR by the Secretary.

18

19

TITLE V

~{I8CEIJL}LNEOUS

TEOHNICAL AMENDMENTS

20 SEC.

501.

(a) Section 701 (a) (3) (B)

(ii) of the

21 Housing Act of

1954 (40 U.S.C. 461

(a) (3) (B)

(il)) is

22 amended to read as follows: "(ii) have suffered sabstantial

23 damage as a nlsrut of a major disaster as determined by

24 the Presidellt parsuallt to the Omnibus Disaster Assistance

25

~'

56

1 (b) Section 8 (b) (2) of the National Housing Aet

2

(12 U.S.C. 1706e (b) (2)) is amended by striking out of

3 the last proviso the words "section 2 (a) of the Act entitled

4 'An Act to authorize Federal assistanoe to States and local

5 governments in major disasters, and for other purposes'

6

(Publio Law 875, Eighty first Congress, approved Septem

7 ber 30, 1950)" and inserting in lieu thereof the words

''-see-

8 tion 102 (1) of the Omnihus Disaster Assistance Act".

9

(e) Seetion 20g (h) of the National Housing } ... ot (12

10

U.S.C. 1709 (h)) is amended by striking out "section 2 (a)

11 of the

~ALct entitled 'An Act to authorize Federal assistance

12 to States and local governments in major disasters and for

13

!other purposes' (Public La'll 875, Eighty-first Congress,

14 approved September 30, 1950), as amended" and inserting

15 in lieu thereof "section 102 (1) of the Omnibus Disaster

16

A '

! ...

Alslstance ..... ::c •

17

(d) Section 221

(f) of the National Housing Act (12

18

U.S.C. 17151

(f)) is amended by strihing out of the lost

19 p!wagraph the words "the Act entitled' An Act to antliorize

20

Federal assistance to States and loc}'] govel'nments in major

21

22 disasters, and for other purposes', approvell September gO,

1950, as amended (42 U.S.C. 1855-1855g)" and inserting

23 in liea thereof the words "the Omnibus Disaster

J ... ssistance

24

Act".

23

(e) Section 7 (a) (1) (A) of the Act of September

3

4

57

1 30,

1950 (20 U.S.C. 241 1 (a)

(1) (A) ),

IS amended

2 lty-

( 1 ) striking out "Omee of Emergeney Planning" and inserting in lieu thereof "Offioe of Disaster Assist

5

6

7

(2) striking out "pursuant to seotion 2

(a) of the

...ALot of September 30, 1950 (42 u.s.e.

1855a

(8;) )" and

8 inserting in lieu thereof the following: "pursaant to

9

10

(f) Seotion 16 (a) of the

iLet

of September 28, 1950

11

(79 Stat. 1158; 20 U.S.C. 646 (a) ) is amended by

12 seotion 102 (1) of the Omnibus Disaster Assistance

...ALC!".

13

14

( 1 ) striking out "the Director of the Offiee of

E mergenoy f

TIl· " d· . . 1· h f " h

Direotor of the Office of Disaster

~-\ssistance"

; and

15

(2) striking out "seotion 2 (a) of the iLot of Sep

16 tember 30, 1950 (42 U.S.C. 1855a (a) ) " and inserting

17 in lieu thereof "seotion 102 (1) of the Omnibus Disaster

18

Assistance Aot".

19

(g) Section 408 (a) of the Higher Eduoation Facilities

20

Aet of

1963 (20 U.S.C. 758 (a)) is amended by striking

21

22 out "seotion 2

(8;) of the Aot of September 30, 1950 (42

U.B.C.

18556

(8;) ) " and inserting in lieu thereof the follow

23 .ing: "seotion 102 (1) of the Ornniblls Disaster ...A.<:ssistanee

24

Aet!!-.

58

1 (h) Section 165 (h) (2) of the Internal Revell1l;e Code

2 of 1954, relating to disaster 19sses (26 U.S.C. 165 (h) (2))

3 is amended t9 read as follows:

4 " (2) occarring ia an area sabseqaently determined

5

6 by the President of the United States to warrant assist snce by the Federal Government under the Omnibas

7

8

Disaster Assistance J.&:ct,".

(i)

Seetion

5064

(a) of the Internal Revenue Code 9f

9 1954 (26 U.S.C. 5064 (a) ), relating to 19sses catlsed by

10 disaster, is amended by striking oat "the JLct of September

11

30, 1950 (42 U.S.C. 1855)" and -inserting-in lieu thereof

12

"the Omnibas Disaster Assistance Act".

13

(j)

Seetion

5708

(a)-~f-the-Internal

Revenue [email protected] of

14

1984 (26 U.8.C. 5708 (a) ), relating to losses Mused by

15 disaster, is amended by striking out "the Act of September

16 gO, 1950 (42 U.S.C. 1855)" and inserting in liea thereof

17

18

"the OlftB:iaflS Disaeter Assistanee ... tet".

(k) Seotion 3

4--th&-Aet-~

Jane 30, -t-9M--(68 Stat.

19 3030; 48 U.S.C. 1681), is a.mended by striking out of the

20

21 last sentenee the words "seetion 2 of the .... <\ct of September

30, 1950 (64

S~t.

1-100) , as amended (42 U.S.O. 18553);'

22

23 and inserting in lioo-----thereof the following: "section

102

( 1) of the Omnibus Disaster PLssistance Act".

24

(I)

Whenever reference is made in any provision of

25 law (other than this Aot) , regulation, rule, ree9rd, or doca

\

59

1 HJ:eHt ef the United States te

-flt the

Offiee eo{

GWi!

Ddense,

2 ffl

-f2t the

Aet 6i

SeptembCi'

.ge,

±9W

-fS4

3 er any pFovision

6i stieh At+, stlffi FefeFenee be deemed

4 te he a refeFenee t;e

-f±t the

Gffie€

6i

Disastef Assistooee,

&

5

-f2t th€ Omnibus Distbstef Assistanee

Act,

Fespeetdsely.

6

REPEAL eF EXIS':E'INO :Er.A:W

7

8

8H&. Wih

~

+±t the

Aet 6i

SeptembeF

.w,

Smt.:

9

1109) ;

10

-f2t tfi€,

DiStlsteF Relief

Aet ef -1-9SS i8G

Sffit.:.

11

12

131S) ; ood f3t the DisasteF Relief Aet ef -l-969

-f83-

~

13

125) .

14

AU9?HOBIZA-:l'ION eF

APPOOPBIA':PIONS

15

SE&. ft:Fe heFeby oothoRi'ied te be tbppro

16 pRated, exeept fie pFovided othe:rwise in -this

Aet, sueh

SUffie

17 mary :00 neeessaf"Y t;e the pF(}visions ef this

Aetr.

18

That this Aot may be cited as the "Disaster Assistance Act

19 of 1970".

20

TITLE I-FINDINGS AND DECLARATIONS;

DEFINITIONS

21

22

FINDINGS AND DEOLARATIONS

23

SEC.

101. (a) The Congress hereby finds and declares

24

thafr-

25

(1) because loss of life, human suffering, loss of in-

60

1

come, and property loss and damage result from major

2

disasters such as hurricanes, tornadoes, storms, floods,

3

high waters, wind-driven loaters, tidal waves, earth-

4

quakes, droughts, fires, and other catastrophes; and

5

( 2)

because such disasters disrupt the normal func-

6

tioning of government and the community, and ad-

7

versely affect individual persons and families with great

8

severity;

9

special measures, designed to expedile the Joendering of aid,

10 assistance, and emergency welfare services, and the recon-

11 struction and rehabilitation of devas·tated areas, are necessary.

12

(b) It is the intent of the Con,gress, by this Act, to

13

provide an orderly and continuing means of alleviating the

14

suffering and damage which result from such disasters by-

15

(1) Joevising and broadening the scope of existing

16

major disaster relief programs;

17

(2) encouraging the development of comprehensive

18

disaster relief plans, programs, and organizations by the

19

States; and

20

(3) achieving greater coordination and responsive-

21

ness of Federal major disaster relief programs.

22

DEFINITIONS

23

SEC. 102. As used in this Act-

24

(1) "major disaster" means any hurrwane, tor-

25

nado, storm, flood, high water, wind-driven water, tidal

20

21

22

23

15

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19

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25

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8

4

5

6

1

2

3

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10

11

12

13

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wave, earthquake, drought, fire, or other catastrophe in any part of the United States, which in the determination of the President, is or threatens to be of sufficient severity and ma,gnitude to warrant disaster assistance by the Federal Government to supplement the efforts and available resources of States, local governments, and relief organizatifJlflS in alleviating the damage, l088, hardship, or suffering caused thereby, and with respect to which the Governor of any State in which such catastrophe occurs or threatens to occur certifies the need for disaster assistance under this Act and gives assurance of the expenditure of a reasonable amount of the funds of such State, its local governments, or other agencies for alleviating the damage, l088, hardship or suffering resulting from such catastrophe;

(2)

"United States" means the fifty States, the

District of Columbia, Puerto Rico, the Virgin Islands,

Guam, American Samoa, and the Trust Territory of the

Pacific Islands;

(3) "State" means any State of the United States,

the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Trust Territory of the Pacific Islands;

(4)

"Governor" means the chief executive of any

State;

7

8

4

5

6

1

2

3

62

( 5)

"local government" means any county, city, village, town, district, or other political subdivision of any State, and includes any rural community or unincorporated town or village for which an application for assistance is made by a State or political subdivision thereof;

9

10

11

12

13

(6)

"Federal agency" means any department, independent establishment, F edeml corporation, or other agency of the executive branch of the Federal Government, except the American National Red Cross; and

(7) "Director" means the Director of the Office of

Emergency Preparedness.

TITLE II-THE ADMINISTRATION OF

DISASTER ASSISTANCE

14

15

16

PART A-GENERAL PROVISIONS

FEDERAL COORDINATING OFFICER

17

SEC. 201. (a) The President shall appoint, immediate-

18 ly upon his designation of a major disaster area, a Federal

19 coordinating officer to operate under the Office of Emergency

20 Preparedness in such area.

21

(b) In order to effectuate the purposes of this Act, the

22 coordinating officer, within the designated area, shall

23

24

(1)

make an inilial appraisal of the types of relief most urgently needed;

a

63

( 2)

establish such fi.eld offices as he deems necessary

1

2

and as are authorized by the Director;

(3) coordinate the administration of relief, includ-

3

4

5

ing activities of the American National Red Cross and of other relief organizations which agree ,to operate

6

under his advice or direction; and

(4) take such other action, consistent with a'/lJthority

7

8

9

10

delegated to him by the Director, and consistent with the provisions of this Act, as 'he may deem necessary to assist local citizens and public officials in promptly ob-

11

12

13

taining assistance to which they are entitled.

EMERGENCY SUPPORT TEAMS

SEC. 202. The Director is authorized to form emergency

14

support teams of personnel to be deployed in a major disaster

15 area. Such emergency support teams shall assist the Federal

16 coordinating officer in carrying out his responsibilies pursu-

17 ant to section 201 (b) of this A ct.

18

COOPERATION OF FEDERAL AGENCIES

19

SEC. 203. (a) In any major disaster, Federal agencies

20 are hereby authorized, on direction of the President, to pro-

21 vide assistance

by-

22

(1)

utilizing or lending, with or without compen-

23

24

sation therefor', to States and local governments, their equipment, supplies, facilities, personnel, and other re-

4

5

1

2

3

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10

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12

13

6

7

8

20

21

22

23

24

25

17

18

19

14

15

16

64

sources, other than the extension of credit under the authority of any Act;

(2) distributing or rendering, through the American National Red Oross, other relief and disaster assistance organizations, or otherwise, medicine, food, and other consumable supplies, or emergency assistance;

(3) donating or lending equipment and supplies determined in accordance with applicable laws to be surplus to the needs and responsibilities of the Federal

Government

J'

and

(4) performing on public or private lands or waters any emergency work essential f01' the protection and preservation of life and property, including-

( A) clearing and removing debris and wreck-

age;

(B) making repairs to, or restoring to service, public facilities, belonging to State of local governments, which were damaged or destroyed by a major disaster except that the Federal contribution therefor shall not exceed the net cost of restoring such facilities to their capacity prior to such disaster;

(0) providing emergency shelter for individuals and families who, as a result of a major disaster, require such assistance; and

(D) making contributions to State or local

"

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