Page:United States Statutes at Large Volume 114 Part 2.djvu/935

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PUBLIC LAW 106-390—OCT. 30, 2000 114 STAT. 1573 "(d) RULES AND REGULATIONS.— The President shall prescribe President, such rules and regulations as are necessary to carry out this section.". (b) EFFECTIVE DATE. —The amendment made by subsection (a) 42 USC 5187 takes effect 1 year after the date of the enactment of this Act. note. SEC. 304. DISASTER GRANT CLOSEOUT PROCEDURES. 42 USC 5205. Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5101 et seq.) is amended by adding at the end the following: " SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES. "(a) STATUTE OF LIMITATIONS.— "(1) IN GENERAL. —Except as provided in paragraph (2), no administrative action to recover any payment made to a State or local government for disaster or emergency assistance under this Act shall be initiated in any forum after the date that is 3 years after the date of transmission of the final expenditure report for the disaster or emergency. "(2) FRAUD EXCEPTION.— The limitation under paragraph (1) shall apply unless there is evidence of civil or criminal fraud. "(b) REBUTTAL OF PRESUMPTION OF RECORD MAINTENANCE.— "(1) IN GENERAL. —In any dispute arising under this section after the date that is 3 years ^ter the date of transmission of the final expenditure report for the disaster or emergency, there shall be a presumption that accounting records were maintained that adequately identify the source and application of funds provided for financially assisted activities. "(2) AFFIRMATIVE EVIDENCE. — The presumption described in paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph. "(3) INABILITY TO PRODUCE DOCUMENTATION. —The inability of the Federal, State, or local government to produce source documentation supporting expenditure reports later than 3 years after the date of transmission of the final expenditure report shall not constitute evidence to rebut the presumption described in paragraph (1). "(4) RIGHT OF ACCESS.— The period during which the Federal, State, or local government has the right to access source documentation shall not be limited to the required 3-year retention period referred to in paragraph (3), but shall last as long as the records are maintained. "(c) BINDING NATURE OF GRANT REQUIREMENTS. —A State or local government shall not be liable for reimbursement or any other penalty for any payment made under this Act if— "(1) the payment was authorized by an approved agreement specifying the costs; "(2) the costs were reasonable; and "(3) the purpose of the grant was accomplished.". SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL AND STATE EMPLOYEES. (a) IN GENERAL.— Section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended by striking paragraph (7) and inserting the following: "(7) 'public safety officer' means—