114 STAT. 1562 PUBLIC LAW 106-390—OCT. 30, 2000 SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE DAMAGED FACILITIES. (a) CONTRIBUTIONS.— Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by striking subsection (a) and inserting the following: "(a) CONTRIBUTIONS.— "(1) IN GENERAL.— The President may make contributions— "(A) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by the government; and "(B) subject to paragraph (3), to a person that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person. "(2) ASSOCIATED EXPENSES.— For the purposes of this section, associated expenses shall include— "(A) the costs of mobilizing and emplo3n[ng the National Guard for performance of eligible work; "(B) the costs of using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging; and "(C) base and overtime wages for the employees and extra hires of a State, local government, or person described in paragraph (1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster. "(3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT FACILITIES. — "(A) IN GENERAL.—The President may make contributions to a private nonprofit facility under paragraph (I)(B) only if— "(i) the facility provides critical services (as defined by the President) in the event of a major disaster; or "(ii) the owner or operator of the facility— "(I) has applied for a disaster loan under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and " (II)(aa) has been determined to be ineligible for such a loan; or "(bb) has obtained such a loan in the maximum amount for which the Small Business Administration determines the facility is eligible. "(B) DEFINITION OF CRITICAL SERVICES.—In this paragraph, the term 'critical services' includes power, water (including water provided by an irrigation organization or facility), sewer, wastewater treatment, communications, and emergency medical care. "(4) NOTIFICATION TO CONGRESS.— Before making any contribution under this section in an amount greater than $20,000,000, the President shall notify— "(A) the Committee on Environment and Public Works of the Senate;
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