-CITE- 42 USC CHAPTER 68 - DISASTER RELIEF 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF -HEAD- CHAPTER 68 - DISASTER RELIEF -MISC1- SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS Sec. 5121. Congressional findings and declarations. 5122. Definitions. SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE 5131. Federal and State disaster preparedness programs. (a) Utilization of services of other agencies. (b) Technical assistance for the development of plans and programs. (c) Grants to States for development of plans and programs. (d) Grants for improvement, maintenance, and updating of State plans. 5132. Disaster warnings. (a) Readiness of Federal agencies to issue warnings to State and local officials. (b) Technical assistance to State and local governments for effective warnings. (c) Warnings to governmental authorities and public endangered by disaster. (d) Agreements with commercial communications systems for use of facilities. 5133. Predisaster hazard mitigation. (a) Definition of small impoverished community. (b) Establishment of program. (c) Approval by President. (d) State recommendations. (e) Uses of technical and financial assistance. (f) Allocation of funds. (g) Criteria for assistance awards. (h) Federal share. (i) National Predisaster Mitigation Fund. (j) Limitation on total amount of financial assistance. (k) Multihazard advisory maps. (l) Report on Federal and State administration. (m) Termination of authority. 5134. Interagency task force. (a) In general. (b) Chairperson. (c) Membership. SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION 5141. Waiver of administrative conditions. 5142. Repealed. 5143. Coordinating officers. (a) Appointment of Federal coordinating officer. (b) Functions of Federal coordinating officer. (c) State coordinating officer. 5144. Emergency support teams. 5145, 5146. Repealed. 5147. Reimbursement of Federal agencies. 5148. Nonliability of Federal Government. 5149. Performance of services. (a) Utilization of services or facilities of State and local governments. (b) Appointment of temporary personnel, experts, and consultants; acquisition, rental, or hire of equipment, services, materials and supplies. 5150. Use of local firms and individuals. 5151. Nondiscrimination in disaster assistance. (a) Regulations for equitable and impartial relief operations. (b) Compliance with regulations as prerequisite to participation by other bodies in relief operations. 5152. Use and coordination of relief organizations. 5153. Priority to certain applications for public facility and public housing assistance. (a) Priority. (b) Obligation of certain discretionary funds. 5154. Insurance. (a) Applicants for replacement of damaged facilities. (b) Maintenance of insurance. (c) State acting as self-insurer. 5154a. Prohibited flood disaster assistance. (a) General prohibition. (b) Transfer of property. (c) Omitted. (d) "Flood disaster area" defined. (e) Effective date. 5155. Duplication of benefits. (a) General prohibition. (b) Special rules. (c) Recovery of duplicative benefits. (d) Assistance not income. 5156. Standards and reviews. 5157. Penalties. (a) Misuse of funds. (b) Civil enforcement. (c) Referral to Attorney General. (d) Civil penalty. 5158. Availability of materials. 5159. Protection of environment. 5160. Recovery of assistance. (a) Party liable. (b) Rendering of care. 5161. Audits and investigations. (a) In general. (b) Access to records. (c) State and local audits. 5162. Advance of non-Federal share. (a) In general. (b) Terms of loans and advances. (c) Regulations. 5163. Limitation on use of sliding scales. 5164. Rules and regulations. 5165. Mitigation planning. (a) Requirement of mitigation plan. (b) Local and tribal plans. (c) State plans. (d) Funding. (e) Increased Federal share for hazard mitigation measures. 5165a. Minimum standards for public and private structures. (a) In general. (b) Evidence of compliance. 5165b. Management costs. (a) Definition of management cost. (b) Establishment of management cost rates. (c) Review. 5165c. Public notice, comment, and consultation requirements. (a) Public notice and comment concerning new or modified policies. (b) Consultation concerning interim policies. (c) Public access. SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS 5170. Procedure for declaration. 5170a. General Federal assistance. 5170b. Essential assistance. (a) In general. (b) Federal share. (c) Utilization of DOD resources. 5170c. Hazard mitigation. (a) In general. (b) Property acquisition and relocation assistance. (c) Program administration by States. 5171. Federal facilities. (a) Repair, reconstruction, restoration, or replacement of United States facilities. (b) Availability of funds appropriated to agency for repair, reconstruction, restoration, or replacement of agency facilities. (c) Steps for mitigation of hazards. 5172. Repair, restoration, and replacement of damaged facilities. (a) Contributions. (b) Federal share. (c) Large in-lieu contributions. (d) Flood insurance. (e) Eligible cost. 5173. Debris removal. (a) Presidential authority. (b) Authorization by State or local government; indemnification agreement. (c) Rules relating to large lots. (d) Federal share. 5174. Federal assistance to individuals and households. (a) In general. (b) Housing assistance. (c) Types of housing assistance. (d) Terms and conditions relating to housing assistance. (e) Financial assistance to address other needs. (f) State role. (g) Cost sharing. (h) Maximum amount of assistance. (i) Rules and regulations. 5175, 5176. Repealed. 5177. Unemployment assistance. (a) Benefit assistance. (b) Reemployment assistance. 5177a. Emergency grants to assist low-income migrant and seasonal farmworkers. (a) In general. (b) "Low-income migrant or seasonal farmworker" defined. (c) Authorization of appropriations. 5178. Repealed. 5179. Food coupons and distribution. (a) Persons eligible; terms and conditions. (b) Duration of assistance; factors considered. (c) Food Stamp Act provisions unaffected. 5180. Food commodities. (a) Emergency mass feeding. (b) Funds for purchase of food commodities. 5181. Relocation assistance. 5182. Legal services. 5183. Crisis counseling assistance and training. 5184. Community disaster loans. (a) In general. (b) Amount. (c) Repayment. (d) Effect on other assistance. 5185. Emergency communications. 5186. Emergency public transportation. 5187. Fire management assistance. (a) In general. (b) Coordination with State and tribal departments of forestry. (c) Essential assistance. (d) Rules and regulations. 5188. Timber sale contracts. (a) Cost-sharing arrangement. (b) Cancellation of authority. (c) Public notice of sale. (d) State grants for removal of damaged timber; reimbursement of expenses limited to salvage value of removed timber. 5189. Simplified procedure. 5189a. Appeals of assistance decisions. (a) Right of appeal. (b) Period for decision. (c) Rules. 5189b. Date of eligibility; expenses incurred before date of disaster. SUBCHAPTER IV-A - EMERGENCY ASSISTANCE PROGRAMS 5191. Procedure for declaration. (a) Request and declaration. (b) Certain emergencies involving Federal primary responsibility. 5192. Federal emergency assistance. (a) Specified. (b) General. 5193. Amount of assistance. (a) Federal share. (b) Limit on amount of assistance. SUBCHAPTER IV-B - EMERGENCY PREPAREDNESS 5195. Declaration of policy. 5195a. Definitions. (a) Definitions. (b) Cross reference. 5195b. Administration of subchapter. 5195c. Critical infrastructures protection. (a) Short title. (b) Findings. (c) Policy of the United States. (d) Establishment of national competence for critical infrastructure protection. (e) Critical infrastructure defined. (f) Authorization of appropriations. PART A - POWERS AND DUTIES 5196. Detailed functions of administration. (a) In general. (b) Federal emergency response plans and programs. (c) Delegation of emergency preparedness responsibilities. (d) Communications and warnings. (e) Emergency preparedness measures. (f) Training programs. (g) Public dissemination of emergency preparedness information. (h) Emergency preparedness compacts. (i) Materials and facilities. (j) Financial contributions. (k) Sale or disposal of certain materials and facilities. 5196a. Mutual aid pacts between States and neighboring countries. 5196b. Contributions for personnel and administrative expenses. (a) General authority. (b) Plan requirements. (c) Terms and conditions. (d) Application of other provisions. (e) Allocation of funds. (f) Submission of plan. (g) Annual reports. 5196c. Requirement for State matching funds for construction of emergency operating centers. 5196d. Use of funds to prepare for and respond to hazards. 5196e. Radiological Emergency Preparedness Fund. PART B - GENERAL PROVISIONS 5197. Administrative authority. (a) In general. (b) Advisory personnel. (c) Services of other agency personnel and volunteers. (d) Gifts. (e) Reimbursement. (f) Printing. (g) Rules and regulations. (h) Failure to expend contributions correctly. 5197a. Security regulations. (a) Establishment. (b) Limitations on employee access to information. (c) National security positions. (d) Employee oaths. 5197b. Use of existing facilities. 5197c. Annual report to Congress. 5197d. Applicability of subchapter. 5197e. Authorization of appropriations and transfers of funds. (a) Authorization of appropriations. (b) Transfer authority. 5197f. Relation to Atomic Energy Act of 1954. 5197g. Federal Bureau of Investigation. 5197h. Minority emergency preparedness demonstration program. (a) In general. (b) Activities supported. (c) Eligible organizations. (d) Use of funds. (e) Application and review procedure. (f) Authorization of appropriation. SUBCHAPTER V - MISCELLANEOUS 5201. Rules and regulations. 5202. Repealed. 5203. Excess disaster assistance payments as budgetary emergency requirements. 5204. Insular areas disaster survival and recovery; definitions. 5204a. Authorization of appropriations for insular areas. 5204b. Technical assistance for insular areas. 5204c. Hazard mitigation for insular areas. 5205. Disaster grant closeout procedures. (a) Statute of limitations. (b) Rebuttal of presumption of record maintenance. (c) Binding nature of grant requirements. 5206. Buy American. (a) Compliance with Buy American Act. (b) Debarment of persons convicted of fraudulent use of "Made in America" labels. -End- -CITE- 42 USC SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS -HEAD- SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS -End- -CITE- 42 USC Sec. 5121 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS -HEAD- Sec. 5121. Congressional findings and declarations -STATUTE- (a) The Congress hereby finds and declares that - (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. (b) It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by - (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; and (6) providing Federal assistance programs for both public and private losses sustained in disasters (!1) -SOURCE- (Pub. L. 93-288, title I, Sec. 101, May 22, 1974, 88 Stat. 143; Pub. L. 100-707, title I, Sec. 103(a), Nov. 23, 1988, 102 Stat. 4689.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended. For complete classification of this Act to the Code, see Short Title note set out below and Tables. -MISC1- AMENDMENTS 1988 - Subsec. (b)(7). Pub. L. 100-707 struck out par. (7) expressing Congressional intent to provide disaster assistance through a long-range economic recovery program for major disaster areas. EFFECTIVE DATE Section 605 of Pub. L. 93-288 provided that Pub. L. 93-288 was effective Apr. 1, 1974, with the exception of section 5178 of this title, prior to repeal by Pub. L. 100-707, title I, Sec. 108(b), Nov. 23, 1988, 102 Stat. 4708. SHORT TITLE OF 2005 AMENDMENT Pub. L. 109-139, Sec. 1, Dec. 22, 2005, 119 Stat. 2649, provided that: "This Act [amending section 5133 of this title and provisions set out as a note under this section] may be cited as the 'Predisaster Mitigation Program Reauthorization Act of 2005'." SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-390, Sec. 1(a), Oct. 30, 2000, 114 Stat. 1552, provided that: "This Act [enacting sections 5133, 5134, 5165 to 5165c, 5205, and 5206 of this title, amending sections 3796b, 5122, 5154, 5170c, 5172, 5174, 5184, 5187, and 5192 of this title, repealing sections 5176 and 5178 of this title, and enacting provisions set out as notes under this section and sections 3796b, 5133, 5165b, 5172, 5174, and 5187 of this title] may be cited as the 'Disaster Mitigation Act of 2000'." SHORT TITLE OF 1993 AMENDMENT Pub. L. 103-181, Sec. 1, Dec. 3, 1993, 107 Stat. 2054, provided that: "This Act [amending section 5170c of this title and enacting provisions set out as notes under sections 4601 and 5170c of this title] may be cited as the 'Hazard Mitigation and Relocation Assistance Act of 1993'." SHORT TITLE OF 1988 AMENDMENT Section 101(a) of title I of Pub. L. 100-707 provided that: "This title [enacting sections 5141, 5153 to 5157, 5159 to 5164, 5170 to 5170c, 5172, 5174, 5178, 5189 to 5189b, and 5191 to 5193 of this title, amending this section, sections 1382a, 3030, 3231, 3232, 3539, 4003, 4013, 5122, 5131, 5143, 5144, 5147 to 5152, 5158, 5171, 5173, 5176, 5177, 5179 to 5188, 5201, 7704, and 9601 of this title, sections 1421, 1427, 1427a, 1961, 1964, and 2014 of Title 7, Agriculture, sections 1706c, 1709, and 1715l of Title 12, Banks and Banking, section 636 of Title 15, Commerce and Trade, sections 1536 and 3505 of Title 16, Conservation, sections 241-1 and 646 of Title 20, Education, section 125 of Title 23, Highways, sections 165, 5064, and 5708 of Title 26, Internal Revenue Code, section 701n of Title 33, Navigation and Navigable Waters, and section 1820 [now 3720] of Title 38, Veterans' Benefits, repealing sections 5142, 5145, 5146, 5175, and 5202 of this title and former sections 5141, 5153 to 5157, 5172, 5174, 5178, and 5189 of this title, enacting provisions set out as notes under this section and sections 3231, 5122, and 5201 of this title, amending provisions set out as a note under this section and section 1681 of Title 48, Territories and Insular Possessions, and repealing provisions set out as notes under this section and former section 5178 of this title] may be cited as 'The Disaster Relief and Emergency Assistance Amendments of 1988'." SHORT TITLE OF 1980 AMENDMENT Pub. L. 96-568, Sec. 1, Dec. 23, 1980, 94 Stat. 3334, provided: "That this Act [amending section 5202 of this title] may be cited as the 'Disaster Relief Act Amendments of 1980'." SHORT TITLE Section 1 of Pub. L. 93-288, as amended by Pub. L. 100-707, title I, Sec. 102(a), Nov. 23, 1988, 102 Stat. 4689; Pub. L. 106-390, title III, Sec. 301, Oct. 30, 2000, 114 Stat. 1572, provided: "That this Act [enacting this section, sections 3231 to 3236, 5122, 5131, 5132, 5141 to 5158, 5171 to 5189, 5201, and 5202 of this title, and section 1264 of former Title 31, Money and Finance, amending sections 1706c, 1709, 1715l of Title 12, Banks and Banking, sections 241-1, 646, 758 of Title 20, Education, sections 165, 5064, 5708 of Title 26, Internal Revenue Code, section 1820 [now 3720] of Title 38, Veterans' Benefits, section 461 of former Title 40, Public Buildings, Property, and Works, repealing sections 4401, 4402, 4411 to 4413, 4414 to 4420, 4431 to 4436, 4457 to 4462, 4481 to 4485 of this title, enacting provisions set out as notes under this section, sections 4401 and 5178 of this title, and section 1264 of former Title 31, and amending provisions set out as a note under section 1681 of Title 48, Territories and Insular Possessions] may be cited as the "Robert T. Stafford Disaster Relief and Emergency Assistance Act'." -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 313(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. DELEGATION OF FUNCTIONS Functions of the President under the Disaster Relief Acts of 1970 and 1974, with certain exceptions, were delegated to the Secretary of Homeland Security, see sections 4-201 and 4-203 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended, set out as a note under section 5195 of this title. -MISC2- REFERENCES TO DISASTER RELIEF ACT OF 1974 Section 102(b) of title I of Pub. L. 100-707 provided that: "Whenever any reference is made in any law (other than this Act [see Tables for classification]), regulation, document, rule, record, or other paper of the United States to a section or provision of the Disaster Relief Act of 1974 [former short title of Pub. L. 93-288], such reference shall be deemed to be a reference to such section or provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [Pub. L. 93-288, see Short Title note above]." REFERENCES TO DISASTER RELIEF ACT OF 1970 Section 702(m), formerly section 602(m), of Pub. L. 93-288, as renumbered by Pub. L. 103-337, div. C, title XXXIV, Sec. 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100, provided that: "Whenever reference is made in any provision of law (other than this Act [see Short Title note set out above]), regulation, rule, record, or documents of the United States to provisions of the Disaster Relief Act of 1970 (84 Stat. 1744), repealed by this Act such reference shall be deemed to be a reference to the appropriate provision of this Act." REPORT ON STATE MANAGEMENT OF SMALL DISASTERS INITIATIVE Pub. L. 106-390, title II, Sec. 208, Oct. 30, 2000, 114 Stat. 1571, provided that: "Not later than 3 years after the date of the enactment of this Act [Oct. 30, 2000], the President shall submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including - "(1) identification of any administrative or financial benefits of the initiative; and "(2) recommendations concerning the conditions, if any, under which States should be allowed the option to administer parts of the assistance program under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)." STUDY REGARDING COST REDUCTION Pub. L. 106-390, title II, Sec. 209, Oct. 30, 2000, 114 Stat. 1571, as amended by Pub. L. 109-139, Sec. 3, Dec. 22, 2005, 119 Stat. 2649, provided that: "Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act [see Short Title of 2000 Amendment note above]." STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEMENT Pub. L. 106-390, title III, Sec. 308, Oct. 30, 2000, 114 Stat. 1575, provided that: "(a) Definition of Indian Tribe. - In this section, the term 'Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). "(b) Study. - "(1) In general. - The Director of the Federal Emergency Management Agency shall conduct a study of participation by Indian tribes in emergency management. "(2) Required elements. - The study shall - "(A) survey participation by Indian tribes in training, predisaster and postdisaster mitigation, disaster preparedness, and disaster recovery programs at the Federal and State levels; and "(B) review and assess the capacity of Indian tribes to participate in cost-shared emergency management programs and to participate in the management of the programs. "(3) Consultation. - In conducting the study, the Director shall consult with Indian tribes. "(c) Report. - Not later than 1 year after the date of the enactment of this Act [Oct. 30, 2000], the Director shall submit a report on the study under subsection (b) to - "(1) the Committee on Environment and Public Works of the Senate; "(2) the Committee on Transportation and Infrastructure of the House of Representatives; "(3) the Committee on Appropriations of the Senate; and "(4) the Committee on Appropriations of the House of Representatives." NATIONAL DROUGHT POLICY Pub. L. 105-199, July 16, 1998, 112 Stat. 641, as amended by Pub. L. 106-78, title VII, Sec. 753, Oct. 22, 1999, 113 Stat. 1170, provided that: "SECTION 1. SHORT TITLE. "This Act may be cited as the 'National Drought Policy Act of 1998'. "SEC. 2. FINDINGS. "Congress finds that - "(1) the United States often suffers serious economic and environmental losses from severe regional droughts and there is no coordinated Federal strategy to respond to such emergencies; "(2) at the Federal level, even though historically there have been frequent, significant droughts of national consequences, drought is addressed mainly through special legislation and ad hoc action rather than through a systematic and permanent process as occurs with other natural disasters; "(3) there is an increasing need, particularly at the Federal level, to emphasize preparedness, mitigation, and risk management (rather than simply crisis management) when addressing drought and other natural disasters or emergencies; "(4) several Federal agencies have a role in drought from predicting, forecasting, and monitoring of drought conditions to the provision of planning, technical, and financial assistance; "(5) there is no single Federal agency in a lead or coordinating role with regard to drought; "(6) State, local, and tribal governments have had to deal individually and separately with each Federal agency involved in drought assistance; and "(7) the President should appoint an advisory commission to provide advice and recommendations on the creation of an integrated, coordinated Federal policy designed to prepare for, mitigate the impacts of, respond to, and recover from serious drought emergencies. "SEC. 3. ESTABLISHMENT OF COMMISSION. "(a) Establishment. - There is established a commission to be known as the National Drought Policy Commission (hereafter in this Act referred to as the 'Commission'). "(b) Membership. - "(1) Composition. - The Commission shall be composed of 16 members. The members of the Commission shall include - "(A) the Secretary of Agriculture, or the designee of the Secretary, who shall chair the Commission; "(B) the Secretary of the Interior, or the designee of the Secretary; "(C) the Secretary of the Army, or the designee of the Secretary; "(D) the Secretary of Commerce, or the designee of the Secretary; "(E) the Director of the Federal Emergency Management Agency, or the designee of the Director; "(F) the Administrator of the Small Business Administration, or the designee of the Administrator; "(G) two governors, who may be represented on the Commission by their respective designees, nominated by the National Governors' Association and appointed by the President, of whom - "(i) one shall be the governor of a State east of the Mississippi River; and "(ii) one shall be a governor of a State west of the Mississippi River; "(H) a person nominated by the National Association of Counties and appointed by the President; "(I) a person nominated by the United States Conference of Mayors and appointed by the President; and "(J) six persons, appointed by the Secretary of Agriculture in coordination with the Secretary of the Interior and the Secretary of the Army, who shall be representative of groups acutely affected by drought emergencies, such as the agricultural production community, the credit community, rural and urban water associations, Native Americans, and fishing and environmental interests. "(2) Date. - The appointments of the members of the Commission shall be made no later than 60 days after the date of the enactment of this Act [July 16, 1998]. "(c) Period of Appointment; Vacancies. - Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. "(d) Initial Meeting. - No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. "(e) Meetings. - The Commission shall meet at the call of the chair. "(f) Quorum. - A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. "(g) Vice Chair. - The Commission shall select a vice chair from among the members who are not Federal officers or employees. "SEC. 4. DUTIES OF THE COMMISSION. "(a) Study and Report. - The Commission shall conduct a thorough study and submit a report on national drought policy in accordance with this section. "(b) Content of Study and Report. - In conducting the study and report, the Commission shall - "(1) determine, in consultation with the National Drought Mitigation Center in Lincoln, Nebraska, and other appropriate entities, what needs exist on the Federal, State, local, and tribal levels to prepare for and respond to drought emergencies; "(2) review all existing Federal laws and programs relating to drought; "(3) review State, local, and tribal laws and programs relating to drought that the Commission finds pertinent; "(4) determine what differences exist between the needs of those affected by drought and the Federal laws and programs designed to mitigate the impacts of and respond to drought; "(5) collaborate with the Western Drought Coordination Council and other appropriate entities in order to consider regional drought initiatives and the application of such initiatives at the national level; "(6) make recommendations on how Federal drought laws and programs can be better integrated with ongoing State, local, and tribal programs into a comprehensive national policy to mitigate the impacts of and respond to drought emergencies without diminishing the rights of States to control water through State law and considering the need for protection of the environment; "(7) make recommendations on improving public awareness of the need for drought mitigation, and prevention; and response on developing a coordinated approach to drought mitigation, prevention, and response by governmental and nongovernmental entities, including academic, private, and nonprofit interests; and "(8) include a recommendation on whether all Federal drought preparation and response programs should be consolidated under one existing Federal agency and, if so, identify such agency. "(c) Submission of Report. - "(1) In general. - No later than 18 months after the date of the enactment of this Act [July 16, 1998], the Commission shall submit a report to the President and Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. "(2) Approval of report. - Before submission of the report, the contents of the report shall be approved by unanimous consent or majority vote. If the report is approved by majority vote, members voting not to approve the contents shall be given the opportunity to submit dissenting views with the report. "SEC. 5. POWERS OF THE COMMISSION. "(a) Hearings. - The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out the purposes of this Act. "(b) Information From Federal Agencies. - The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. "(c) Postal Services. - The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. "(d) Gifts. - The Commission may accept, use, and dispose of gifts or donations of services or property. "SEC. 6. COMMISSION PERSONNEL MATTERS. "(a) Compensation of Members. - Each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated for service on the Commission, except as provided under subsection (b). All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. "(b) Travel Expenses. - The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. "(c) Detail of Government Employees. - Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. "(d) Administrative Support. - The Secretary of Agriculture shall provide all financial, administrative, and staff support services for the Commission. "SEC. 7. TERMINATION OF THE COMMISSION. "The Commission shall terminate 90 days after the date on which the Commission submits its report under section 4." RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELATIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS Section 110 of Pub. L. 100-707 provided that: "Not later than 1 year after the date of the enactment of this Act [Nov. 23, 1988], the President shall recommend to the Congress proposals to improve the operational and fiscal relationships that exist among Federal, State, and local major disaster and emergency management officials. Such proposals should include provisions which - "(1) decrease the amount of time for processing requests for major disaster and emergency declarations and providing Federal assistance for major disasters and emergencies; "(2) provide for more effective utilization of State and local resources in major disaster and emergency relief efforts; and "(3) improve the timeliness of reimbursement of State and local governments after the submission of necessary documentation." [Functions of President under section 110 of Pub. L. 100-707 delegated to Director of Federal Emergency Management Agency by section 4 of Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, set out as a note under section 5195 of this title.] DECLARED DISASTERS AND EMERGENCIES NOT AFFECTED Section 112 of title I of Pub. L. 100-707 provided that: "This title [see Short Title of 1988 Amendment note above] shall not affect the administration of any assistance for a major disaster or emergency declared by the President before the date of the enactment of this Act [Nov. 23, 1988]." -EXEC- EXECUTIVE ORDER NO. 11749 Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which related to consolidation of functions assigned to Secretary of Housing and Urban Development, was revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out as a note under section 5195 of this title. EX. ORD. NO. 11795. DELEGATION OF PRESIDENTIAL FUNCTIONS Ex. Ord. No. 11795, July 11, 1974, 39 F.R. 25939, as amended by Ex. Ord. No. 11910, Apr. 13, 1976, 41 F.R. 15681; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided: By virtue of the authority vested in me by the Disaster Relief Act of 1974 (Public Law 93-288; 88 Stat. 143) [see References to Disaster Relief Act of 1974 note above], section 301 of title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: [Sections 1 and 2. Revoked by Ex. Ord. No. 12148, Sec. 5-111, July 20, 1979, 44 F.R. 43239.] Sec. 3. The Secretary of Agriculture is designated and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by section 412 of the act [section 5179 of this title] concerning food coupons and distribution. [Sec. 4. Revoked by Ex. Ord. No. 12148, Sec. 5-111, July 20, 1979, 44 F.R. 43239.] SEISMIC SAFETY OF FEDERAL AND FEDERALLY ASSISTED OR REGULATED NEW BUILDING CONSTRUCTION For provisions relating to seismic safety requirements for new construction or total replacement of a building under this chapter after a presidentially declared major disaster or emergency, see Ex. Ord. No. 12699, Jan. 5, 1990, 55 F.R. 835, set out as a note under section 7704 of this title. -FOOTNOTE- (!1) So in original. Probably should be followed by a period. -End- -CITE- 42 USC Sec. 5122 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS -HEAD- Sec. 5122. Definitions -STATUTE- As used in this chapter - (1) Emergency. - "Emergency" means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (2) Major disaster. - "Major disaster" means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (3) "United States" means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) "State" means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) "Governor" means the chief executive of any State. (6) Local government. - The term "local government" means - (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal organization, or Alaska Native village or organization; and (C) a rural community, unincorporated town or village, or other public entity, for which an application for assistance is made by a State or political subdivision of a State. (7) "Federal agency" means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government, including the United States Postal Service, but shall not include the American National Red Cross. (8) Public facility. - "Public facility" means the following facilities owned by a State or local government: (A) Any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility. (B) Any non-Federal-aid street, road, or highway. (C) Any other public building, structure, or system, including those used for educational, recreational, or cultural purposes. (D) Any park. (9) Private nonprofit facility. - "Private nonprofit facility" means private nonprofit educational, utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custodial care facilities (including those for the aged and disabled), other private nonprofit facilities which provide essential services of a governmental nature to the general public, and facilities on Indian reservations as defined by the President. -SOURCE- (Pub. L. 93-288, title I, Sec. 102, May 22, 1974, 88 Stat. 144; Pub. L. 100-707, title I, Sec. 103(b)-(d), (f), Nov. 23, 1988, 102 Stat. 4689, 4690; Pub. L. 102-247, title II, Sec. 205, Feb. 24, 1992, 106 Stat. 38; Pub. L. 106-390, title III, Sec. 302, Oct. 30, 2000, 114 Stat. 1572.) -MISC1- AMENDMENTS 2000 - Par. (3). Pub. L. 106-390, Sec. 302(1), substituted "and the Commonwealth of the Northern Mariana Islands" for "the Northern Mariana Islands, and the Trust Territory of the Pacific Islands". Par. (4). Pub. L. 106-390, Sec. 302(1), substituted "and the Commonwealth of the Northern Mariana Islands" for "the Northern Mariana Islands, or the Trust Territory of the Pacific Islands". Par. (6). Pub. L. 106-390, Sec. 302(2), added par. (6) and struck out former par. (6) which read as follows: " 'Local government' means (A) any county, city, village, town, district, or other political subdivision of any State, any Indian tribe or authorized tribal organization, or Alaska Native village or organization, and (B) includes any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a State or political subdivision thereof." Par. (9). Pub. L. 106-390, Sec. 302(3), inserted "irrigation," after "utility,". 1992 - Pars. (3), (4). Pub. L. 102-247 inserted "the Northern Mariana Islands," after "American Samoa,". 1988 - Par. (1). Pub. L. 100-707, Sec. 103(b), inserted heading and amended text generally. Prior to amendment, text read as follows: " 'Emergency' means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which requires Federal emergency assistance to supplement State and local efforts to save lives and protect property, public health and safety or to avert or lessen the threat of a disaster." Par. (2). Pub. L. 100-707, Sec. 103(c), inserted heading and amended text generally. Prior to amendment, text read as follows: " 'Major disaster' means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter, above and beyond emergency services by the Federal Government, to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby." Pars. (3), (4). Pub. L. 100-707, Sec. 103(d), struck out "the Canal Zone," after "American Samoa,". Pars. (8), (9). Pub. L. 100-707, Sec. 103(f), added pars. (8) and (9). -TRANS- TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. -MISC2- LOCAL GOVERNMENT Section 103(e) of Pub. L. 100-707 provided that: "(1) In general. - The term 'local government' is deemed to have the same meaning in the Disaster Relief and Emergency Assistance Act [Pub. L. 93-288, see Short Title note set out under section 5121 of this title], as amended by this Act [see Short Title of 1988 Amendment note set out under section 5121 of this title], as that term had on October 1, 1988, under section 102(6) of the Disaster Relief Act of 1974 [par. (6) of this section] and regulations implementing the Disaster Relief Act of 1974. "(2) Termination of effectiveness. - Paragraph (1) shall not be effective on and after the 90th day after the President transmits to the Committee on Public Works and Transportation of the House of Representatives and to the Committee on Environment and Public Works of the Senate a report which includes an interpretation of the term 'local government' for purposes of the Disaster Relief and Emergency Assistance Act, as amended by this Act." [Functions of President under section 103(e)(2) of Pub. L. 100- 707 delegated to Director of Federal Emergency Management Agency by section 3 of Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, set out as a note under section 5195 of this title.] -End- -CITE- 42 USC SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE -HEAD- SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE -End- -CITE- 42 USC Sec. 5131 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE -HEAD- Sec. 5131. Federal and State disaster preparedness programs -STATUTE- (a) Utilization of services of other agencies The President is authorized to establish a program of disaster preparedness that utilizes services of all appropriate agencies and includes - (1) preparation of disaster preparedness plans for mitigation, warning, emergency operations, rehabilitation, and recovery; (2) training and exercises; (3) postdisaster critiques and evaluations; (4) annual review of programs; (5) coordination of Federal, State, and local preparedness programs; (6) application of science and technology; (7) research. (b) Technical assistance for the development of plans and programs The President shall provide technical assistance to the States in developing comprehensive plans and practicable programs for preparation against disasters, including hazard reduction, avoidance, and mitigation; for assistance to individuals, businesses, and State and local governments following such disasters; and for recovery of damaged or destroyed public and private facilities. (c) Grants to States for development of plans and programs Upon application by a State, the President is authorized to make grants, not to exceed in the aggregate to such State $250,000, for the development of plans, programs, and capabilities for disaster preparedness and prevention. Such grants shall be applied for within one year from May 22, 1974. Any State desiring financial assistance under this section shall designate or create an agency to plan and administer such a disaster preparedness program, and shall, through such agency, submit a State plan to the President, which shall - (1) set forth a comprehensive and detailed State program for preparation against and assistance following, emergencies and major disasters, including provisions for assistance to individuals, businesses, and local governments; and (2) include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and conduct of required exercises. (d) Grants for improvement, maintenance, and updating of State plans The President is authorized to make grants not to exceed 50 per centum of the cost of improving, maintaining and updating State disaster assistance plans, including evaluations of natural hazards and development of the programs and actions required to mitigate such hazards; except that no such grant shall exceed $50,000 per annum to any State. -SOURCE- (Pub. L. 93-288, title II, Sec. 201, May 22, 1974, 88 Stat. 145; Pub. L. 100-707, title I, Sec. 104, Nov. 23, 1988, 102 Stat. 4690.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-707, Sec. 104(b)(1), struck out "(including the Defense Civil Preparedness Agency)" after "agencies". Subsec. (d). Pub. L. 100-707, Sec. 104(a), (b)(2), inserted "including evaluations of natural hazards and development of the programs and actions required to mitigate such hazards;" after "plans," and substituted "$50,000" for "$25,000". -End- -CITE- 42 USC Sec. 5132 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE -HEAD- Sec. 5132. Disaster warnings -STATUTE- (a) Readiness of Federal agencies to issue warnings to State and local officials The President shall insure that all appropriate Federal agencies are prepared to issue warnings of disasters to State and local officials. (b) Technical assistance to State and local governments for effective warnings The President shall direct appropriate Federal agencies to provide technical assistance to State and local governments to insure that timely and effective disaster warning is provided. (c) Warnings to governmental authorities and public endangered by disaster The President is authorized to utilize or to make available to Federal, State, and local agencies the facilities of the civil defense communications system established and maintained pursuant to section 5196(c) of this title or any other Federal communications system for the purpose of providing warning to governmental authorities and the civilian population in areas endangered by disasters. (d) Agreements with commercial communications systems for use of facilities The President is authorized to enter into agreements with the officers or agents of any private or commercial communications systems who volunteer the use of their systems on a reimbursable or nonreimbursable basis for the purpose of providing warning to governmental authorities and the civilian population endangered by disasters. -SOURCE- (Pub. L. 93-288, title II, Sec. 202, May 22, 1974, 88 Stat. 145; Pub. L. 103-337, div. C, title XXXIV, Sec. 3412(b)(1), Oct. 5, 1994, 108 Stat. 3111.) -MISC1- AMENDMENTS 1994 - Subsec. (c). Pub. L. 103-337 substituted "section 5196(c) of this title" for "section 2281(c) of title 50, Appendix,". -End- -CITE- 42 USC Sec. 5133 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE -HEAD- Sec. 5133. Predisaster hazard mitigation -STATUTE- (a) Definition of small impoverished community In this section, the term "small impoverished community" means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President. (b) Establishment of program The President may establish a program to provide technical and financial assistance to States and local governments to assist in the implementation of predisaster hazard mitigation measures that are cost-effective and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the jurisdiction of the States or local governments. (c) Approval by President If the President determines that a State or local government has identified natural disaster hazards in areas under its jurisdiction and has demonstrated the ability to form effective public-private natural disaster hazard mitigation partnerships, the President, using amounts in the National Predisaster Mitigation Fund established under subsection (i) of this section (referred to in this section as the "Fund"), may provide technical and financial assistance to the State or local government to be used in accordance with subsection (e) of this section. (d) State recommendations (1) In general (A) Recommendations The Governor of each State may recommend to the President not fewer than five local governments to receive assistance under this section. (B) Deadline for submission The recommendations under subparagraph (A) shall be submitted to the President not later than October 1, 2001, and each October 1st thereafter or such later date in the year as the President may establish. (C) Criteria In making recommendations under subparagraph (A), a Governor shall consider the criteria specified in subsection (g) of this section. (2) Use (A) In general Except as provided in subparagraph (B), in providing assistance to local governments under this section, the President shall select from local governments recommended by the Governors under this subsection. (B) Extraordinary circumstances In providing assistance to local governments under this section, the President may select a local government that has not been recommended by a Governor under this subsection if the President determines that extraordinary circumstances justify the selection and that making the selection will further the purpose of this section. (3) Effect of failure to nominate If a Governor of a State fails to submit recommendations under this subsection in a timely manner, the President may select, subject to the criteria specified in subsection (g) of this section, any local governments of the State to receive assistance under this section. (e) Uses of technical and financial assistance (1) In general Technical and financial assistance provided under this section - (A) shall be used by States and local governments principally to implement predisaster hazard mitigation measures that are cost-effective and are described in proposals approved by the President under this section; and (B) may be used - (i) to support effective public-private natural disaster hazard mitigation partnerships; (ii) to improve the assessment of a community's vulnerability to natural hazards; or (iii) to establish hazard mitigation priorities, and an appropriate hazard mitigation plan, for a community. (2) Dissemination A State or local government may use not more than 10 percent of the financial assistance received by the State or local government under this section for a fiscal year to fund activities to disseminate information regarding cost-effective mitigation technologies. (f) Allocation of funds The amount of financial assistance made available to a State (including amounts made available to local governments of the State) under this section for a fiscal year - (1) shall be not less than the lesser of - (A) $500,000; or (B) the amount that is equal to 1.0 percent of the total funds appropriated to carry out this section for the fiscal year; (2) shall not exceed 15 percent of the total funds described in paragraph (1)(B); and (3) shall be subject to the criteria specified in subsection (g) of this section. (g) Criteria for assistance awards In determining whether to provide technical and financial assistance to a State or local government under this section, the President shall take into account - (1) the extent and nature of the hazards to be mitigated; (2) the degree of commitment of the State or local government to reduce damages from future natural disasters; (3) the degree of commitment by the State or local government to support ongoing non-Federal support for the hazard mitigation measures to be carried out using the technical and financial assistance; (4) the extent to which the hazard mitigation measures to be carried out using the technical and financial assistance contribute to the mitigation goals and priorities established by the State; (5) the extent to which the technical and financial assistance is consistent with other assistance provided under this chapter; (6) the extent to which prioritized, cost-effective mitigation activities that produce meaningful and definable outcomes are clearly identified; (7) if the State or local government has submitted a mitigation plan under section 5165 of this title, the extent to which the activities identified under paragraph (6) are consistent with the mitigation plan; (8) the opportunity to fund activities that maximize net benefits to society; (9) the extent to which assistance will fund mitigation activities in small impoverished communities; and (10) such other criteria as the President establishes in consultation with State and local governments. (h) Federal share (1) In general Financial assistance provided under this section may contribute up to 75 percent of the total cost of mitigation activities approved by the President. (2) Small impoverished communities Notwithstanding paragraph (1), the President may contribute up to 90 percent of the total cost of a mitigation activity carried out in a small impoverished community. (i) National Predisaster Mitigation Fund (1) Establishment The President may establish in the Treasury of the United States a fund to be known as the "National Predisaster Mitigation Fund", to be used in carrying out this section. (2) Transfers to Fund There shall be deposited in the Fund - (A) amounts appropriated to carry out this section, which shall remain available until expended; and (B) sums available from gifts, bequests, or donations of services or property received by the President for the purpose of predisaster hazard mitigation. (3) Expenditures from Fund Upon request by the President, the Secretary of the Treasury shall transfer from the Fund to the President such amounts as the President determines are necessary to provide technical and financial assistance under this section. (4) Investment of amounts (A) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (B) Acquisition of obligations For the purpose of investments under subparagraph (A), obligations may be acquired - (i) on original issue at the issue price; or (ii) by purchase of outstanding obligations at the market price. (C) Sale of obligations Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (D) Credits to Fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (E) Transfers of amounts (i) In general The amounts required to be transferred to the Fund under this subsection shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (ii) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (j) Limitation on total amount of financial assistance The President shall not provide financial assistance under this section in an amount greater than the amount available in the Fund. (k) Multihazard advisory maps (1) Definition of multihazard advisory map In this subsection, the term "multihazard advisory map" means a map on which hazard data concerning each type of natural disaster is identified simultaneously for the purpose of showing areas of hazard overlap. (2) Development of maps In consultation with States, local governments, and appropriate Federal agencies, the President shall develop multihazard advisory maps for areas, in not fewer than five States, that are subject to commonly recurring natural hazards (including flooding, hurricanes and severe winds, and seismic events). (3) Use of technology In developing multihazard advisory maps under this subsection, the President shall use, to the maximum extent practicable, the most cost-effective and efficient technology available. (4) Use of maps (A) Advisory nature The multihazard advisory maps shall be considered to be advisory and shall not require the development of any new policy by, or impose any new policy on, any government or private entity. (B) Availability of maps The multihazard advisory maps shall be made available to the appropriate State and local governments for the purposes of - (i) informing the general public about the risks of natural hazards in the areas described in paragraph (2); (ii) supporting the activities described in subsection (e) of this section; and (iii) other public uses. (l) Report on Federal and State administration Not later than 18 months after October 30, 2000, the President, in consultation with State and local governments, shall submit to Congress a report evaluating efforts to implement this section and recommending a process for transferring greater authority and responsibility for administering the assistance program established under this section to capable States. (m) Termination of authority The authority provided by this section terminates September 30, 2008. -SOURCE- (Pub. L. 93-288, title II, Sec. 203, as added Pub. L. 106-390, title I, Sec. 102(a), Oct. 30, 2000, 114 Stat. 1553; amended Pub. L. 108-199, div. H, Sec. 135, Jan. 23, 2004, 118 Stat. 441; Pub. L. 108-447, div. J, title I, Sec. 105, Dec. 8, 2004, 118 Stat. 3343; Pub. L. 109-139, Sec. 2, Dec. 22, 2005, 119 Stat. 2649.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (g)(5), was in the original "this Act", meaning Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. -MISC1- AMENDMENTS 2005 - Subsec. (m). Pub. L. 109-139 substituted "September 30, 2008" for "December 31, 2005". 2004 - Subsec. (m). Pub. L. 108-447 substituted "2005" for "2004". Pub. L. 108-199 substituted "2004" for "2003". FINDINGS AND PURPOSE Pub. L. 106-390, title I, Sec. 101, Oct. 30, 2000, 114 Stat. 1552, provided that: "(a) Findings. - Congress finds that - "(1) natural disasters, including earthquakes, tsunamis, tornadoes, hurricanes, flooding, and wildfires, pose great danger to human life and to property throughout the United States; "(2) greater emphasis needs to be placed on - "(A) identifying and assessing the risks to States and local governments (including Indian tribes) from natural disasters; "(B) implementing adequate measures to reduce losses from natural disasters; and "(C) ensuring that the critical services and facilities of communities will continue to function after a natural disaster; "(3) expenditures for postdisaster assistance are increasing without commensurate reductions in the likelihood of future losses from natural disasters; "(4) in the expenditure of Federal funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), high priority should be given to mitigation of hazards at the local level; and "(5) with a unified effort of economic incentives, awareness and education, technical assistance, and demonstrated Federal support, States and local governments (including Indian tribes) will be able to - "(A) form effective community-based partnerships for hazard mitigation purposes; "(B) implement effective hazard mitigation measures that reduce the potential damage from natural disasters; "(C) ensure continued functionality of critical services; "(D) leverage additional non-Federal resources in meeting natural disaster resistance goals; and "(E) make commitments to long-term hazard mitigation efforts to be applied to new and existing structures. "(b) Purpose. - The purpose of this title [enacting this section and sections 5134, 5165 and 5165a of this title, amending section 5170c of this title, and repealing section 5176 of this title] is to establish a national disaster hazard mitigation program - "(1) to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural disasters; and "(2) to provide a source of predisaster hazard mitigation funding that will assist States and local governments (including Indian tribes) in implementing effective hazard mitigation measures that are designed to ensure the continued functionality of critical services and facilities after a natural disaster." -End- -CITE- 42 USC Sec. 5134 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE -HEAD- Sec. 5134. Interagency task force -STATUTE- (a) In general The President shall establish a Federal interagency task force for the purpose of coordinating the implementation of predisaster hazard mitigation programs administered by the Federal Government. (b) Chairperson The Director of the Federal Emergency Management Agency shall serve as the chairperson of the task force. (c) Membership The membership of the task force shall include representatives of - (1) relevant Federal agencies; (2) State and local government organizations (including Indian tribes); and (3) the American Red Cross. -SOURCE- (Pub. L. 93-288, title II, Sec. 204, as added Pub. L. 106-390, title I, Sec. 103, Oct. 30, 2000, 114 Stat. 1557.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 313(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -End- -CITE- 42 USC SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -End- -CITE- 42 USC Sec. 5141 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5141. Waiver of administrative conditions -STATUTE- Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State or local authorities, modify or waive, for a major disaster, such administrative 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 major disaster. -SOURCE- (Pub. L. 93-288, title III, Sec. 301, as added Pub. L. 100-707, title I, Sec. 105(a)(2), Nov. 23, 1988, 102 Stat. 4691.) -MISC1- PRIOR PROVISIONS A prior section 5141, Pub. L. 93-288, title III, Sec. 301, May 22, 1974, 88 Stat. 146, set out procedure for determination of existence of emergency or major disaster, prior to repeal by Pub. L. 100-707, Sec. 105(a)(2). -End- -CITE- 42 USC Sec. 5142 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5142. Repealed. Pub. L. 100-707, title I, Sec. 105(a)(2), Nov. 23, 1988, 102 Stat. 4691 -MISC1- Section, Pub. L. 93-288, title III, Sec. 302, May 22, 1974, 88 Stat. 146, related to Federal assistance and its coordination with State and local disaster assistance. -End- -CITE- 42 USC Sec. 5143 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5143. Coordinating officers -STATUTE- (a) Appointment of Federal coordinating officer Immediately upon his declaration of a major disaster or emergency, the President shall appoint a Federal coordinating officer to operate in the affected area. (b) Functions of Federal coordinating officer In order to effectuate the purposes of this chapter, the Federal coordinating officer, within the affected area, shall - (1) make an initial appraisal of the types of relief most urgently needed; (2) establish such field offices as he deems necessary and as are authorized by the President; (3) coordinate the administration of relief, including activities of the State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, which agree to operate under his advice or direction, except that nothing contained in this chapter shall limit or in any way affect the responsibilities of the American National Red Cross under chapter 3001 of title 36; and (4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this chapter, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled. (c) State coordinating officer When the President determines assistance under this chapter is necessary, he shall request that the Governor of the affected State designate a State coordinating officer for the purpose of coordinating State and local disaster assistance efforts with those of the Federal Government. -SOURCE- (Pub. L. 93-288, title III, Sec. 302, formerly Sec. 303, May 22, 1974, 88 Stat. 147; renumbered Sec. 302 and amended Pub. L. 100- 707, title I, Sec. 105(b), Nov. 23, 1988, 102 Stat. 4691.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original "this Act", meaning Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. -COD- CODIFICATION In subsec. (b)(3), "chapter 3001 of title 36" substituted for "the Act of January 5, 1905, as amended (33 Stat. 599)" on authority of Pub. L. 105-225, Sec. 5(b), Aug. 12, 1998, 112 Stat. 1499, the first section of which enacted Title 36, Patriotic and National Observances, Ceremonies, and Organizations. -MISC1- PRIOR PROVISIONS A prior section 302 of Pub. L. 93-288 was classified to section 5142 of this title prior to repeal by Pub. L. 100-707. AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-707 inserted "or emergency" after "major disaster". -End- -CITE- 42 USC Sec. 5144 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5144. Emergency support teams -STATUTE- The President shall form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. Such emergency support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to this chapter. Upon request of the President, the head of any Federal agency is directed to detail to temporary duty with the emergency support teams on either a reimbursable or nonreimbursable basis, as is determined necessary by the President, such personnel within the administrative jurisdiction of the head of the Federal agency as the President may need or believe to be useful for carrying out the functions of the emergency support teams, each such detail to be without loss of seniority, pay, or other employee status. -SOURCE- (Pub. L. 93-288, title III, Sec. 303, formerly Sec. 304, May 22, 1974, 88 Stat. 148; renumbered Sec. 303, Pub. L. 100-707, title I, Sec. 105(c), Nov. 23, 1988, 102 Stat. 4691.) -MISC1- PRIOR PROVISIONS A prior section 303 of Pub. L. 93-288 was renumbered section 302 by Pub. L. 100-707 and is classified to section 5143 of this title. -End- -CITE- 42 USC Secs. 5145, 5146 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Secs. 5145, 5146. Repealed. Pub. L. 100-707, title I, Sec. 105(d), Nov. 23, 1988, 102 Stat. 4691 -MISC1- Section 5145, Pub. L. 93-288, title III, Sec. 305, May 22, 1974, 88 Stat. 148, related to authority of President to provide assistance in an emergency. Section 5146, Pub. L. 93-288, title III, Sec. 306, May 22, 1974, 88 Stat. 148, related to cooperation of Federal agencies in rendering disaster assistance. -End- -CITE- 42 USC Sec. 5147 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5147. Reimbursement of Federal agencies -STATUTE- Federal agencies may be reimbursed for expenditures under this chapter from funds appropriated for the purposes of this chapter. Any funds received by Federal agencies as reimbursement for services or supplies furnished under the authority of this chapter shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies. -SOURCE- (Pub. L. 93-288, title III, Sec. 304, formerly Sec. 307, May 22, 1974, 88 Stat. 149; renumbered Sec. 304, Pub. L. 100-707, title I, Sec. 105(d), Nov. 23, 1988, 102 Stat. 4691.) -MISC1- PRIOR PROVISIONS A prior section 304 of Pub. L. 93-288 was renumbered section 303 by Pub. L. 100-707 and is classified to section 5144 of this title. -End- -CITE- 42 USC Sec. 5148 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5148. Nonliability of Federal Government -STATUTE- 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 chapter. -SOURCE- (Pub. L. 93-288, title III, Sec. 305, formerly Sec. 308, May 22, 1974, 88 Stat. 149; renumbered Sec. 305, Pub. L. 100-707, title I, Sec. 105(d), Nov. 23, 1988, 102 Stat. 4691.) -MISC1- PRIOR PROVISIONS A prior section 305 of Pub. L. 93-288 was classified to section 5145 of this title prior to repeal by Pub. L. 100-707. -End- -CITE- 42 USC Sec. 5149 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5149. Performance of services -STATUTE- (a) Utilization of services or facilities of State and local governments In carrying out the purposes of this chapter, any Federal agency is authorized to accept and utilize the services or facilities of any State or local government, or of any agency, office, or employee thereof, with the consent of such government. (b) Appointment of temporary personnel, experts, and consultants; acquisition, rental, or hire of equipment, services, materials and supplies In performing any services under this chapter, any Federal agency is authorized - (1) to appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5 governing appointments in competitive service; (2) to employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; and (3) to incur obligations on behalf of the United States by contract or otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel, and communications, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred by an agency in such amount as may be made available to it by the President. -SOURCE- (Pub. L. 93-288, title III, Sec. 306, formerly Sec. 309, May 22, 1974, 88 Stat. 149; renumbered Sec. 306, Pub. L. 100-707, title I, Sec. 105(d), Nov. 23, 1988, 102 Stat. 4691.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (b)(1), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. -MISC1- PRIOR PROVISIONS A prior section 306 of Pub. L. 93-288 was classified to section 5146 of this title prior to repeal by Pub. L. 100-707. -End- -CITE- 42 USC Sec. 5150 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5150. Use of local firms and individuals -STATUTE- In the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business primarily in the area affected by such major disaster or emergency. This section shall not be considered to restrict the use of Department of Defense resources in the provision of major disaster assistance under this chapter. -SOURCE- (Pub. L. 93-288, title III, Sec. 307, formerly Sec. 310, May 22, 1974, 88 Stat. 150; renumbered Sec. 307 and amended Pub. L. 100- 707, title I, Sec. 105(e), Nov. 23, 1988, 102 Stat. 4691.) -MISC1- PRIOR PROVISIONS A prior section 307 of Pub. L. 93-288 was renumbered section 304 by Pub. L. 100-707 and is classified to section 5147 of this title. AMENDMENTS 1988 - Pub. L. 100-707, Sec. 105(e)(2), (3), inserted "or emergency" after "major disaster" in two places and inserted at end "This section shall not be considered to restrict the use of Department of Defense resources in the provision of major disaster assistance under this chapter." -End- -CITE- 42 USC Sec. 5151 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5151. Nondiscrimination in disaster assistance -STATUTE- (a) Regulations for equitable and impartial relief operations The President shall issue, and may alter and amend, such regulations as may be necessary for the guidance of personnel carrying out Federal assistance functions at the site of a major disaster or emergency. Such regulations shall include provisions for insuring that the distribution of supplies, the processing of applications, and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status. (b) Compliance with regulations as prerequisite to participation by other bodies in relief operations As a condition of participation in the distribution of assistance or supplies under this chapter or of receiving assistance under this chapter, governmental bodies and other organizations shall be required to comply with regulations relating to nondiscrimination promulgated by the President, and such other regulations applicable to activities within an area affected by a major disaster or emergency as he deems necessary for the effective coordination of relief efforts. -SOURCE- (Pub. L. 93-288, title III, Sec. 308, formerly Sec. 311, May 22, 1974, 88 Stat. 150; renumbered Sec. 308 and amended Pub. L. 100- 707, title I, Sec. 105(f), Nov. 23, 1988, 102 Stat. 4691.) -MISC1- PRIOR PROVISIONS A prior section 308 of Pub. L. 93-288 was renumbered section 305 by Pub. L. 100-707 and is classified to section 5148 of this title. AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-707 substituted "this chapter" for "section 5172 or 5174 of this title" after "assistance under". -End- -CITE- 42 USC Sec. 5152 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5152. Use and coordination of relief organizations -STATUTE- (a) In providing relief and assistance under this chapter, the President may utilize, with their consent, the personnel and facilities of the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, in the distribution of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or reconstruction of community services housing and essential facilities, whenever the President finds that such utilization is necessary. (b) The President is authorized to enter into agreements with the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations under which the disaster relief activities of such organizations may be coordinated by the Federal coordinating officer whenever such organizations are engaged in providing relief during and after a major disaster or emergency. Any such agreement shall include provisions assuring that use of Federal facilities, supplies, and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President under this chapter, and such other regulation as the President may require. -SOURCE- (Pub. L. 93-288, title III, Sec. 309, formerly Sec. 312, May 22, 1974, 88 Stat. 150; renumbered Sec. 309, Pub. L. 100-707, title I, Sec. 105(f), Nov. 23, 1988, 102 Stat. 4691.) -MISC1- PRIOR PROVISIONS A prior section 309 of Pub. L. 93-288 was renumbered section 306 by Pub. L. 100-707 and is classified to section 5149 of this title. -End- -CITE- 42 USC Sec. 5153 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5153. Priority to certain applications for public facility and public housing assistance -STATUTE- (a) Priority In the processing of applications for assistance, priority and immediate consideration shall be given by the head of the appropriate Federal agency, during such period as the President shall prescribe, to applications from public bodies situated in areas affected by major disasters under the following Acts: (1) The United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] for the provision of low-income housing. (2) Sections 3502 to 3505 of title 40 for assistance in public works planning. (3) The Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.]. (4) Section 1926 of title 7. (5) The Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.]. (6) Subtitle IV of title 40. (7) The Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.]. (b) Obligation of certain discretionary funds In the obligation of discretionary funds or funds which are not allocated among the States or political subdivisions of a State, the Secretary of Housing and Urban Development and the Secretary of Commerce shall give priority to applications for projects for major disaster areas. -SOURCE- (Pub. L. 93-288, title III, Sec. 310, as added Pub. L. 100-707, title I, Sec. 105(g), Nov. 23, 1988, 102 Stat. 4691.) -REFTEXT- REFERENCES IN TEXT The United States Housing Act of 1937, referred to in subsec. (a)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (Sec. 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. The Housing and Community Development Act of 1974, referred to in subsec. (a)(3), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as amended. Title I of the Housing and Community Development Act of 1974 is classified principally to chapter 69 (Sec. 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The Public Works and Economic Development Act of 1965, as amended, referred to in subsec. (a)(5), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as amended, which is classified principally to chapter 38 (Sec. 3121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of this title and Tables. The Federal Water Pollution Control Act, referred to in subsec. (a)(7), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. -COD- CODIFICATION "Sections 3502 to 3505 of title 40" substituted for "Section 702 of the Housing Act of 1954" in subsec. (a)(2) and "Subtitle IV of title 40" substituted for "The Appalachian Regional Development Act of 1965" in subsec. (a)(6) on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. -MISC1- PRIOR PROVISIONS A prior section 5153, Pub. L. 93-288, title III, Sec. 313, May 22, 1974, 88 Stat. 150, related to same subject matter as present section but with references to different acts and provisions, prior to repeal by Pub. L. 100-707, Sec. 105(g). A prior section 310 of Pub. L. 93-288 was renumbered section 307 by Pub. L. 100-707 and is classified to section 5150 of this title. -End- -CITE- 42 USC Sec. 5154 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5154. Insurance -STATUTE- (a) Applicants for replacement of damaged facilities (1) Compliance with certain regulations An applicant for assistance under section 5172 of this title (relating to repair, restoration, and replacement of damaged facilities), section 5189 of this title (relating to simplified procedure) or section 3149(c)(2) of this title shall comply with regulations prescribed by the President to assure that, with respect to any property to be replaced, restored, repaired, or constructed with such assistance, such types and extent of insurance will be obtained and maintained as may be reasonably available, adequate, and necessary, to protect against future loss to such property. (2) Determination In making a determination with respect to availability, adequacy, and necessity under paragraph (1), the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance. (b) Maintenance of insurance No applicant for assistance under section 5172 of this title (relating to repair, restoration, and replacement of damaged facilities), section 5189 of this title (relating to simplified procedure), or section 3149(c)(2) of this title may receive such assistance for any property or part thereof for which the applicant has previously received assistance under this chapter unless all insurance required pursuant to this section has been obtained and maintained with respect to such property. The requirements of this subsection may not be waived under section 5141 of this title. (c) State acting as self-insurer A State may elect to act as a self-insurer with respect to any or all of the facilities owned by the State. Such an election, if declared in writing at the time of acceptance of assistance under section 5172 or 5189 of this title or section 3149(c)(2) of this title or subsequently and accompanied by a plan for self-insurance which is satisfactory to the President, shall be deemed compliance with subsection (a) of this section. No such self-insurer may receive assistance under section 5172 or 5189 of this title for any property or part thereof for which it has previously received assistance under this chapter, to the extent that insurance for such property or part thereof would have been reasonably available. -SOURCE- (Pub. L. 93-288, title III, Sec. 311, as added Pub. L. 100-707, title I, Sec. 105(h), Nov. 23, 1988, 102 Stat. 4692; amended Pub. L. 103-325, title V, Sec. 521, Sept. 23, 1994, 108 Stat. 2257; Pub. L. 106-390, title II, Sec. 201, Oct. 30, 2000, 114 Stat. 1559.) -MISC1- PRIOR PROVISIONS A prior section 5154, Pub. L. 93-288, title III, Sec. 314, May 22, 1974, 88 Stat. 151, consisted of similar provisions, prior to repeal by Pub. L. 100-707, Sec. 105(h). A prior section 311 of Pub. L. 93-288 was renumbered section 308 by Pub. L. 100-707 and is classified to section 5151 of this title. AMENDMENTS 2000 - Subsecs. (a)(1), (b), (c). Pub. L. 106-390 substituted "section 3149(c)(2) of this title" for "section 3233 of this title". 1994 - Subsec. (b). Pub. L. 103-325 inserted at end "The requirements of this subsection may not be waived under section 5141 of this title." -End- -CITE- 42 USC Sec. 5154a 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5154a. Prohibited flood disaster assistance -STATUTE- (a) General prohibition Notwithstanding any other provision of law, no Federal disaster relief assistance made available in a flood disaster area may be used to make a payment (including any loan assistance payment) to a person for repair, replacement, or restoration for damage to any personal, residential, or commercial property if that person at any time has received flood disaster assistance that was conditional on the person first having obtained flood insurance under applicable Federal law and subsequently having failed to obtain and maintain flood insurance as required under applicable Federal law on such property. (b) Transfer of property (1) Duty to notify In the event of the transfer of any property described in paragraph (3), the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writing of the requirements to - (A) obtain flood insurance in accordance with applicable Federal law with respect to such property, if the property is not so insured as of the date on which the property is transferred; and (B) maintain flood insurance in accordance with applicable Federal law with respect to such property. Such written notification shall be contained in documents evidencing the transfer of ownership of the property. (2) Failure to notify If a transferor described in paragraph (1) fails to make a notification in accordance with such paragraph and, subsequent to the transfer of the property - (A) the transferee fails to obtain or maintain flood insurance in accordance with applicable Federal law with respect to the property, (B) the property is damaged by a flood disaster, and (C) Federal disaster relief assistance is provided for the repair, replacement, or restoration of the property as a result of such damage, the transferor shall be required to reimburse the Federal Government in an amount equal to the amount of the Federal disaster relief assistance provided with respect to the property. (3) Property described For purposes of paragraph (1), a property is described in this paragraph if it is personal, commercial, or residential property for which Federal disaster relief assistance made available in a flood disaster area has been provided, prior to the date on which the property is transferred, for repair, replacement, or restoration of the property, if such assistance was conditioned upon obtaining flood insurance in accordance with applicable Federal law with respect to such property. (c) Omitted (d) "Flood disaster area" defined For purposes of this section, the term "flood disaster area" means an area with respect to which - (1) the Secretary of Agriculture finds, or has found, to have been substantially affected by a natural disaster in the United States pursuant to section 1961(a) of title 7; or (2) the President declares, or has declared, the existence of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), as a result of flood conditions existing in or affecting that area. (e) Effective date This section and the amendments made by this section shall apply to disasters declared after September 23, 1994. -SOURCE- (Pub. L. 103-325, title V, Sec. 582, Sept. 23, 1994, 108 Stat. 2286.) -REFTEXT- REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(2), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. The amendments made by this section, referred to in subsec. (e), means the amendments made by section 582(c) of Pub. L. 103-325, which amended section 4012a of this title. See Codification note below. -COD- CODIFICATION Section is comprised of section 582 of Pub. L. 103-325. Subsec. (c) of section 582 of Pub. L. 103-325 amended section 4012a of this title. Section was enacted as part of the National Flood Insurance Reform Act of 1994 and as part of the Riegle Community Development and Regulatory Improvement Act of 1994, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter. -End- -CITE- 42 USC Sec. 5155 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5155. Duplication of benefits -STATUTE- (a) General prohibition The President, in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as a result of a major disaster or emergency, shall assure that no such person, business concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source. (b) Special rules (1) Limitation This section shall not prohibit the provision of Federal assistance to a person who is or may be entitled to receive benefits for the same purposes from another source if such person has not received such other benefits by the time of application for Federal assistance and if such person agrees to repay all duplicative assistance to the agency providing the Federal assistance. (2) Procedures The President shall establish such procedures as the President considers necessary to ensure uniformity in preventing duplication of benefits. (3) Effect of partial benefits Receipt of partial benefits for a major disaster or emergency shall not preclude provision of additional Federal assistance for any part of a loss or need for which benefits have not been provided. (c) Recovery of duplicative benefits A person receiving Federal assistance for a major disaster or emergency shall be liable to the United States to the extent that such assistance duplicates benefits available to the person for the same purpose from another source. The agency which provided the duplicative assistance shall collect such duplicative assistance from the recipient in accordance with chapter 37 of title 31, relating to debt collection, when the head of such agency considers it to be in the best interest of the Federal Government. (d) Assistance not income Federal major disaster and emergency assistance provided to individuals and families under this chapter, and comparable disaster assistance provided by States, local governments, and disaster assistance organizations, shall not be considered as income or a resource when determining eligibility for or benefit levels under federally funded income assistance or resource-tested benefit programs. -SOURCE- (Pub. L. 93-288, title III, Sec. 312, as added Pub. L. 100-707, title I, Sec. 105(i), Nov. 23, 1988, 102 Stat. 4693.) -MISC1- PRIOR PROVISIONS A prior section 5155, Pub. L. 93-288, title III, Sec. 315, May 22, 1974, 88 Stat. 152, consisted of similar provisions, prior to repeal by Pub. L. 100-707, Sec. 105(i). A prior section 312 of Pub. L. 93-288 was renumbered section 309 by Pub. L. 100-707 and is classified to section 5152 of this title. -End- -CITE- 42 USC Sec. 5156 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5156. Standards and reviews -STATUTE- The President shall establish comprehensive standards which shall be used to assess the efficiency and effectiveness of Federal major disaster and emergency assistance programs administered under this chapter. The President shall conduct annual reviews of the activities of Federal agencies and State and local governments in major disaster and emergency preparedness and in providing major disaster and emergency assistance in order to assure maximum coordination and effectiveness of such programs and consistency in policies for reimbursement of States under this chapter. -SOURCE- (Pub. L. 93-288, title III, Sec. 313, as added Pub. L. 100-707, title I, Sec. 105(j), Nov. 23, 1988, 102 Stat. 4694.) -MISC1- PRIOR PROVISIONS A prior section 5156, Pub. L. 93-288, title III, Sec. 316, May 22, 1974, 88 Stat. 152, related to reviews and reports by President, prior to repeal by Pub. L. 100-707, Sec. 105(j). A prior section 313 of Pub. L. 93-288 was classified to section 5153 of this title prior to repeal by Pub. L. 100-707. -End- -CITE- 42 USC Sec. 5157 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5157. Penalties -STATUTE- (a) Misuse of funds Any person who knowingly misapplies the proceeds of a loan or other cash benefit obtained under this chapter shall be fined an amount equal to one and one-half times the misapplied amount of the proceeds or cash benefit. (b) Civil enforcement Whenever it appears that any person has violated or is about to violate any provision of this chapter, including any civil penalty imposed under this chapter, the Attorney General may bring a civil action for such relief as may be appropriate. Such action may be brought in an appropriate United States district court. (c) Referral to Attorney General The President shall expeditiously refer to the Attorney General for appropriate action any evidence developed in the performance of functions under this chapter that may warrant consideration for criminal prosecution. (d) Civil penalty Any individual who knowingly violates any order or regulation issued under this chapter shall be subject to a civil penalty of not more than $5,000 for each violation. -SOURCE- (Pub. L. 93-288, title III, Sec. 314, as added Pub. L. 100-707, title I, Sec. 105(k), Nov. 23, 1988, 102 Stat. 4694.) -MISC1- PRIOR PROVISIONS A prior section 5157, Pub. L. 93-288, title III, Sec. 317, May 22, 1974, 88 Stat. 152, related to criminal and civil penalties, prior to repeal by Pub. L. 100-707, Sec. 105(k). A prior section 314 of Pub. L. 93-288 was classified to section 5154 of this title prior to repeal by Pub. L. 100-707. -End- -CITE- 42 USC Sec. 5158 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5158. Availability of materials -STATUTE- The President is authorized, at the request of the Governor of an affected State, to provide for a survey of construction materials needed in the area affected by a major disaster on an emergency basis for housing repairs, replacement housing, public facilities repairs and replacement, farming operations, and business enterprises and to take appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the allocation of such materials for a period of not more than one hundred and eighty days after such major disaster. Any allocation program shall be implemented by the President to the extent possible, by working with and through those companies which traditionally supply construction materials in the affected area. For the purposes of this section "construction materials" shall include building materials and materials required for repairing housing, replacement housing, public facilities repairs and replacement, and for normal farm and business operations. -SOURCE- (Pub. L. 93-288, title III, Sec. 315, formerly Sec. 318, May 22, 1974, 88 Stat. 152; renumbered Sec. 315, Pub. L. 100-707, title I, Sec. 105(l), Nov. 23, 1988, 102 Stat. 4694.) -MISC1- PRIOR PROVISIONS A prior section 315 of Pub. L. 93-288 was classified to section 5155 of this title prior to repeal by Pub. L. 100-707. -End- -CITE- 42 USC Sec. 5159 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5159. Protection of environment -STATUTE- An action which is taken or assistance which is provided pursuant to section 5170a, 5170b, 5172, 5173, or 5192 of this title, including such assistance provided pursuant to the procedures provided for in section 5189 of this title, which has the effect of restoring a facility substantially to its condition prior to the disaster or emergency, shall not be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]. Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of 1969 to other Federal actions taken under this chapter or under any other provisions of law. -SOURCE- (Pub. L. 93-288, title III, Sec. 316, as added Pub. L. 100-707, title I, Sec. 105(m)(1), Nov. 23, 1988, 102 Stat. 4694.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. -MISC1- PRIOR PROVISIONS A prior section 316 of Pub. L. 93-288 was classified to section 5156 of this title prior to repeal by Pub. L. 100-707. -End- -CITE- 42 USC Sec. 5160 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION -HEAD- Sec. 5160. Recovery of assistance -STATUTE- (a) Party liable Any person who intentionally causes a condition for which Federal assistance is provided under this chapter or under any other Federal law as a result of a declaration of a major disaster or emergency under this chapter shall be liable to the United States for the reasonable costs incurred by the United States in responding to such disaster or emergency to the extent that such costs are attributable to the intentional act or omission of su