Disaster Preparedness and Assistance Act

Disaster Preparedness and Assistance Act - Title I: Findings, Declarations, and Definitions - Sets forth congressional findings, declaration of purpose and the defintions of the terms used in this Act.

Title II: Disaster Assistance Administration - Provides that all requests for disaster assistance from the Federal Government under this Act shall be made by the Governor of the affected State.

Authorizes the President to coordinate, in such manner as he may determine, the activities of all Federal agencies providing disaster assistance.

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

States that all assistance rendered under this Act shall be provided pursuant to a Federal-State disaster assistance agreement unless specifically waived by the President.

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

States that the selection of private organizations, firms, or individuals to enter into contracts with the Federal Government for the performance of work authorized by their Act shall be made with preference given, to the extent feasible and practicable, to those private organizations, firms, and individuals which reside or do business primarily in the disaster area.

Provides that any individual willfully violating any order or regulation under this Act shall be fined not more than $10,000 or imprisoned for not more than one year or both for each violation.

States that any individual who violates any order or regulation under this Act shall be subject to a civil penalty of not more than $5,000 for each violation.

Provides that whoever wrongfully misapplies the proceeds of a loan or other cash benefit obtained under any section of this Act shall be civilly liable to the Federal Government in an amount equal to one and one-half times the original principal amount of the loan or cash benefit.

Title III: Emergency Assistance - Sets forth the Presidential authority in providing emergency disaster assistance.

States that emergency work or services for purposes of this Act shall not extend beyond thirty days following the President's intial determination that emergency services are required, except that this limitation may be waived by the President whre he deems extraordinary circumstances warrant such waiver.

Title IV: Disaster Loans - Authorizes the President to make or guarantee disaster loans to individuals, business concerns, and other legal entities in a major disaster area to replace, restore, or repair private property damaged or lost in the disaster, to the extent it is not covered by insurance.

Authorizes the President to make or guarantee loans to small business concerns for working capital and operating expenses, to the extent that a major disaster has created a need for such loans.

Authorizes the President to make or guarantee disaster loans to any industrial, commercial, agricultural, governmental, or other enterprise that has constituted a major source of employment in an area suffering a major disaster and is no longer in substantial operation as a result of such disaster.

Authorizes the President to make disaster loans to any local government that demonstrates a need, as a result of a major disaster, of financial assistance in order to perform its governmental functions. States that the amount of any such disaster loan shall be based on need, and shall not exceed 10 percent of the annual operating budget of that local government.

Sets forth the terms and conditions for such loans.

Provides that as a result of a default by a borrower under a guaranteed loan, after the holder thereof has made such further collection efforts and instituted such enforcement proceedings as the President may require, the President shall pay to such holder 90 percent of such loss, as specified in the guarantee contract.

Creates within the Treasury a separate fund which shall be available to the President without fiscal year limitation as a revolving fund for the purpose of this Act.

Authorizes to be appropriated to the fund from time to time such amounts as may be necesssary to provide capital for the fund.

Provides that if at any time the moneys available in the fund are insufficient to enable the President to discharge his responsibilities under guarantees under this Act, he shall issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary of the Treasury.

Title V: Disaster Grants for Needy Families - Authorizes the President to make a grant to any State in a major disaster area for the purpose of assisting the State in indemnifying the uninsured property losses of needy families, and thereafter, to aid such families in meeting such other extraordinary disaster-related expenses as the State may recognize. States that the amount of such grant shall be determined by the President on the basis of evidence supplied by the Governor of the affected State as to the number of low-income families affected by the disaster; but the grant to the State shall not exceed an amount equal to $3,000 per low-income family.

Provides that the actual disbursement of the funds made available to the State under this Act shall be made by the Governor or his designated representative according to eligibility requirements to be determined by the Governor or his designated representative.

States that no family shall receive payments under this Act in excess of $4,000.

Title VI: Grants to States - Authorizes the President to make grants to States for the benefit of persons or parties adversely affected by a major disaster, for the following purposes: (1) provision of essential human needs and services, including but not limited to food, communications, water, clothing, utility services, and public transportation; (2) replacement, restoration, repair, or construction of specified facilities; and (3) debris and timber removal from public or private lands and waters, when in the public interest.

States that the amount of funds to be granted under this Act shall be based upon 75 percent of the estimated cost of relief for losses sustained as a result of the major disaster in the categories of assistance specified in this Act.

Title VII: Disaster Preparedness Assistance - Authorizes the President to establish a program of disaster preparedness that utilizes services of all appropriate agencies.

States that upon application by the States, the President is authorized to make grants, not to exceed $250,000, for the development of plans, programs, and capabilities for disaster preparedness. Provides that such grants shall be available for a period of one year from the date of enactment.

Title VIII: Miscellaneous Provisions - States that a condition of any disaster loan or grant made under the provisions of this Act, the recipient shall agree that any repair or construction to be financed therewith shall be in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications, and standards, and shall furnish such evidence of compliance with this Act as may be required by regulation.

Provides that where an existing timber sale contract between the Secretary of Agriculture or the Secretary of the Interior and a timber purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of any section of specified road or of any other specified development facility and, as a result of a major disaster, a major physical change results in additional construction work in connection with such road or facility by such purchaser with an estimated cost, as determined by the appropriate Secretary, (1) of more than $1,000 for sales under one million board feet; (2) of more than $1 per thousand board feet for sales of one to three million board feet, or (3) of more than $3,000 for sales over three million board feet, such increased construction cost shall be borne by the United States.

Authorizes funds to be appropriated for the purpose of this Act.