SUBCHAPTER II—DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
§5131. Federal and State disaster preparedness programs
(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.
(
Editorial Notes
Amendments
1988—Subsec. (a).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Red Flag Warnings and Predisaster Actions; Definitions
"SEC. 2. DEFINITIONS.
"In this Act [see Short Title of 2022 Amendment note set out under
"(1) the term 'Administrator' means the Administrator of the Agency;
"(2) the term 'Agency' means the Federal Emergency Management Agency;
"(3) the term 'appropriate committees of Congress' means—
"(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and
"(B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives;
"(4) the term 'emergency' means an emergency declared or determined to exist by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"(5) the terms 'Indian tribal government', 'local government', and 'State' have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"(6) the term 'major disaster' means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"SEC. 4. RED FLAG WARNINGS AND PREDISASTER ACTIONS.
"Not later than 1 year after the date of enactment of this Act [Dec. 20, 2022], the Administrator, in coordination with the National Weather Service of the National Oceanic and Atmospheric Administration, shall—
"(1) conduct a study of, develop recommendations for, and initiate a process for the use of forecasts and data, including information that supports the Red Flag Warnings of the National Oceanic and Atmospheric Administration and similar weather alert and notification methods, to establish—
"(A) plans and actions, consistent with law, that can be implemented prior to a wildfire event, including pre-impact disaster declarations and surge operations, that can limit the impact, duration, or severity of the fire; and
"(B) mechanisms to increase interagency collaboration to expedite the delivery of disaster assistance; and
"(2) submit to the appropriate committees of Congress a comprehensive report regarding the study described in paragraph (1), including any recommendations of the Administrator, and the activities of the Administrator to carry out paragraph (1)."
§5132. Disaster warnings
(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
(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.
(
Editorial Notes
Amendments
1994—Subsec. (c).
§5133. Predisaster hazard mitigation
(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 Public Infrastructure Predisaster Mitigation Fund established under subsection (i) (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).
(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).
(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), 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;
(iii) to establish hazard mitigation priorities, and an appropriate hazard mitigation plan, for a community; or
(iv) to establish and carry out enforcement activities and implement the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this chapter for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters.
(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
(1) In general
The President shall award financial assistance under this section on a competitive basis for mitigation activities that are cost effective and in accordance with the criteria in subsection (g).
(2) Minimum and maximum amounts
In providing financial assistance under this section, the President shall ensure that the amount of financial assistance made available to a State (including amounts made available to local governments of the State) for a fiscal year—
(A) is not less than the lesser of—
(i) $575,000; or
(ii) the amount that is equal to 1 percent of the total funds appropriated to carry out this section for the fiscal year; and
(B) does not exceed the amount that is equal to 15 percent of the total funds appropriated to carry out this section for the fiscal year.
(3) Redistribution of unobligated amounts
The President may—
(A) withdraw amounts of financial assistance made available to a State (including amounts made available to local governments of a State) under this subsection that remain unobligated by the end of the third fiscal year after the fiscal year for which the amounts were allocated; and
(B) in the fiscal year following a fiscal year in which amounts were withdrawn under subparagraph (A), add the amounts to any other amounts available to be awarded on a competitive basis pursuant to paragraph (1).
(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 provide financial assistance only in States that have received a major disaster declaration in the previous 7 years, or to any Indian tribal government located partially or entirely within the boundaries of such States, and 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
(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;
(10) the extent to which the State, local, Indian tribal, or territorial government has facilitated the adoption and enforcement of the latest published editions of relevant consensus-based codes, specifications, and standards, including amendments made by State, local, Indian tribal, or territorial governments during the adoption process that incorporate the latest hazard-resistant designs and establish criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this chapter for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters;
(11) the extent to which the assistance will fund activities that increase the level of resiliency; and
(12) 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 public infrastructure predisaster mitigation assistance
(1) In general
The President may set aside from the Disaster Relief Fund, with respect to each major disaster, an amount equal to 6 percent of the estimated aggregate amount of the grants to be made pursuant to
(2) Estimated aggregate amount
Not later than 180 days after each major disaster declaration pursuant to this chapter, the estimated aggregate amount of grants for purposes of paragraph (1) shall be determined by the President and such estimated amount need not be reduced, increased, or changed due to variations in estimates.
(3) No reduction in amounts
The amount set aside pursuant to paragraph (1) shall not reduce the amounts otherwise made available for
(j) 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); and
(iii) other public uses.
(k) 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.
(l) Prohibition on earmarks
(1) Definition
In this subsection, the term "congressionally directed spending" means a statutory provision or report language included primarily at the request of a Senator or a Member, Delegate or Resident Commissioner of the House of Representatives providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or Congressional district, other than through a statutory or administrative formula-driven or competitive award process.
(2) Prohibition
None of the funds appropriated or otherwise made available to carry out this section may be used for congressionally directed spending.
(3) Certification to Congress
The Administrator of the Federal Emergency Management Agency shall submit to Congress a certification regarding whether all financial assistance under this section was awarded in accordance with this section.
(m) Latest published editions
For purposes of subsections (e)(1)(B)(iv) and (g)(10), the term "latest published editions" means, with respect to relevant consensus-based codes, specifications, and standards, the 2 most recently published editions.
(
Amendment of Section
Editorial Notes
References in Text
This chapter, referred to in subsecs. (e)(1)(B)(iv), (g)(5), (10), and (i), was in the original "this Act", meaning
Amendments
2018—Subsec. (c).
Subsec. (e)(1)(B)(iv).
Subsec. (f)(1).
Subsec. (f)(3).
Subsec. (g).
Subsec. (g)(10) to (12).
Subsec. (i).
Subsecs. (j) to (l).
Subsec. (m).
Subsec. (n).
2011—Subsec. (f).
Subsec. (m).
Subsec. (n).
2009—Subsec. (m).
2008—Subsec. (m).
2005—Subsec. (m).
2004—Subsec. (m).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Findings
"(1) The predisaster hazard mitigation program has been successful and cost-effective. Funding from the predisaster hazard mitigation program has successfully reduced loss of life, personal injuries, damage to and destruction of property, and disruption of communities from disasters.
"(2) The predisaster hazard mitigation program has saved Federal taxpayers from spending significant sums on disaster recovery and relief that would have been otherwise incurred had communities not successfully applied mitigation techniques.
"(3) A 2007 Congressional Budget Office report found that the predisaster hazard mitigation program reduced losses by roughly $3 (measured in 2007 dollars) for each dollar invested in mitigation efforts funded under the predisaster hazard mitigation program. Moreover, the Congressional Budget Office found that projects funded under the predisaster hazard mitigation program could lower the need for post-disaster assistance from the Federal Government so that the predisaster hazard mitigation investment by the Federal Government would actually save taxpayer funds.
"(4) A 2005 report by the Multihazard Mitigation Council showed substantial benefits and cost savings from the hazard mitigation programs of the Federal Emergency Management Agency generally. Looking at a range of hazard mitigation programs of the Federal Emergency Management Agency, the study found that, on average, $1 invested by the Federal Emergency Management Agency in hazard mitigation provided the Nation with roughly $4 in benefits. Moreover, the report projected that the mitigation grants awarded between 1993 and 2003 would save more than 220 lives and prevent nearly 4,700 injuries over approximately 50 years.
"(5) Given the substantial savings generated from the predisaster hazard mitigation program in the years following the provision of assistance under the program, increasing funds appropriated for the program would be a wise investment."
Findings and Purpose
"(a)
"(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 (
"(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)
"(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."
Statutory Notes and Related Subsidiaries
Definitions; Red Flag Warnings and Predisaster Actions
"SEC. 2.
"(1) the term 'Administrator' means the Administrator of the Agency;
"(2) the term 'Agency' means the Federal Emergency Management Agency;
"(3) the term 'appropriate committees of Congress' means—
"(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and
"(B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives;
"(4) the term 'emergency' means an emergency declared or determined to exist by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"(5) the terms 'Indian tribal government', 'local government', and 'State' have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"(6) the term 'major disaster' means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"SEC. 4.
"(1) conduct a study of, develop recommendations for, and initiate a process for the use of forecasts and data, including information that supports the Red Flag Warnings of the National Oceanic and Atmospheric Administration and similar weather alert and notification methods, to establish—
"(A) plans and actions, consistent with law, that can be implemented prior to a wildfire event, including pre-impact disaster declarations and surge operations, that can limit the impact, duration, or severity of the fire; and
"(B) mechanisms to increase interagency collaboration to expedite the delivery of disaster assistance; and
"(2) submit to the appropriate committees of Congress a comprehensive report regarding the study described in paragraph (1), including any recommendations of the Administrator, and the activities of the Administrator to carry out paragraph (1)."
§5134. Interagency task force
(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 Administrator 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.
(
Editorial Notes
Amendments
2011—Subsec. (b).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
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 former section 313(1) and
§5135. Grants to entities for establishment of hazard mitigation revolving loan funds
(a) General authority
(1) In general
The Administrator may enter into agreements with eligible entities to make capitalization grants to such entities for the establishment of hazard mitigation revolving loan funds (referred to in this section as "entity loan funds") for providing funding assistance to local governments to carry out eligible projects under this section to reduce disaster risks for homeowners, businesses, nonprofit organizations, and communities in order to decrease—
(A) the loss of life and property;
(B) the cost of insurance; and
(C) Federal disaster payments.
(2) Agreements
Any agreement entered into under this section shall require the participating entity to—
(A) comply with the requirements of this section; and
(B) use accounting, audit, and fiscal procedures conforming to generally accepted accounting standards.
(b) Application
(1) In general
To be eligible to receive a capitalization grant under this section, an eligible entity shall submit to the Administrator an application that includes the following:
(A) Project proposals comprised of local government hazard mitigation projects, on the condition that the entity provides public notice not less than 6 weeks prior to the submission of an application.
(B) An assessment of recurring major disaster vulnerabilities impacting the entity that demonstrates a risk to life and property.
(C) A description of how the hazard mitigation plan of the entity has or has not taken the vulnerabilities described in subparagraph (B) into account.
(D) A description about how the projects described in subparagraph (A) could conform with the hazard mitigation plan of the entity and of the unit of local government.
(E) A proposal of the systematic and regional approach to achieve resilience in a vulnerable area, including impacts to river basins, river corridors, watersheds, estuaries, bays, coastal regions, micro-basins, micro-watersheds, ecosystems, and areas at risk of earthquakes, tsunamis, droughts, severe storms, and wildfires, including the wildland-urban interface.
(2) Technical assistance
The Administrator shall provide technical assistance to eligible entities for applications under this section.
(c) Entity loan fund
(1) Establishment of fund
An entity that receives a capitalization grant under this section shall establish an entity loan fund that complies with the requirements of this subsection.
(2) Fund management
Except as provided in paragraph (3), entity loan funds shall—
(A) be administered by the agency responsible for emergency management; and
(B) include only—
(i) funds provided by a capitalization grant under this section;
(ii) repayments of loans under this section to the entity loan fund; and
(iii) interest earned on amounts in the entity loan fund.
(3) Administration
A participating entity may combine the financial administration of the entity loan fund of such entity with the financial administration of any other revolving fund established by such entity if the Administrator determines that—
(A) the capitalization grant, entity share, repayments of loans, and interest earned on amounts in the entity loan fund are accounted for separately from other amounts in the revolving fund; and
(B) the authority to establish assistance priorities and carry out oversight activities remains in the control of the entity agency responsible for emergency management.
(4) Entity share of funds
(A) In general
On or before the date on which a participating entity receives a capitalization grant under this section, the entity shall deposit into the entity loan fund of such entity, an amount equal to not less than 10 percent of the amount of the capitalization grant.
(B) Reduced grant
If, with respect to a capitalization grant under this section, a participating entity deposits in the entity loan fund of the entity an amount that is less than 10 percent of the total amount of the capitalization grant that the participating entity would otherwise receive, the Administrator shall reduce the amount of the capitalization grant received by the entity to the amount that is 10 times the amount so deposited.
(d) Apportionment
(1) In general
Except as otherwise provided by this subsection, the Administrator shall apportion funds made available to carry out this section to entities that have entered into an agreement under subsection (a)(2) in amounts as determined by the Administrator.
(2) Reservation of funds
The Administrator shall reserve not more than 2.5 percent of the amount made available to carry out this section for the Federal Emergency Management Agency for—
(A) administrative costs incurred in carrying out this section; and
(B) providing technical assistance to participating entities under subsection (b)(2).
(3) Priority
In the apportionment of capitalization grants under this subsection, the Administrator shall give priority to entity applications under subsection (b) that—
(A) propose projects increasing resilience and reducing risk of harm to natural and built infrastructure;
(B) involve a partnership between two or more eligible entities to carry out a project or similar projects;
(C) take into account regional impacts of hazards on river basins, river corridors, micro-watersheds, macro-watersheds, estuaries, lakes, bays, and coastal regions and areas at risk of earthquakes, tsunamis, droughts, severe storms, and wildfires, including the wildland-urban interface; or
(D) propose projects for the resilience of major economic sectors or critical national infrastructure, including ports, global commodity supply chain assets (located within an entity or within the jurisdiction of local governments and Tribal governments), power and water production and distribution centers, and bridges and waterways essential to interstate commerce.
(e) Environmental review of revolving loan fund projects
The Administrator may delegate to a participating entity all of the responsibilities for environmental review, decision making, and action pursuant to the National Environmental Policy Act of 1969 (
(f) Use of funds
(1) Types of assistance
Amounts deposited in an entity loan fund, including loan repayments and interest earned on such amounts, may be used—
(A) to make loans, on the condition that—
(i) such loans are made at an interest rate of not more than 1 percent;
(ii) annual principal and interest payments will commence not later than 1 year after completion of any project and all loans made under this subparagraph will be fully amortized—
(I) not later than 20 years after the date on which the project is completed; or
(II) for projects in a low-income geographic area, not later than 30 years after the date on which the project is completed and not longer than the expected design life of the project;
(iii) the loan recipient of a loan under this subparagraph establishes a dedicated source of revenue for repayment of the loan;
(iv) the loan recipient of a loan under this subparagraph has a hazard mitigation plan that has been approved by the Administrator; and
(v) the entity loan fund will be credited with all payments of principal and interest on all loans made under this subparagraph;
(B) for mitigation efforts, in addition to mitigation planning under
(C) for the reasonable costs of administering the fund and conducting activities under this section, except that such amounts shall not exceed $100,000 per year, 2 percent of the capitalization grants made to the participating entity in a fiscal year, or 1 percent of the value of the entity loan fund, whichever amount is greatest, plus the amount of any fees collected by the entity for such purpose regardless of the source; and
(D) to earn interest on the entity loan fund.
(2) Prohibition on determination that loan is a duplication
In carrying out this section, the Administrator may not determine that a loan is a duplication of assistance or programs under this chapter.
(3) Projects and activities eligible for assistance
Except as provided in this subsection, a participating entity may use funds in the entity loan fund to provide financial assistance for projects or activities that mitigate the impacts of natural hazards including—
(A) drought and prolonged episodes of intense heat;
(B) severe storms, including hurricanes, tornados, wind storms, cyclones, and severe winter storms;
(C) wildfires;
(D) earthquakes;
(E) flooding, including the construction, repair, or replacement of a non-Federal levee or other flood control structure, provided that the Administrator, in consultation with the Army Corps of Engineers (if appropriate), requires an eligible entity to determine that such levee or structure is designed, constructed, and maintained in accordance with sound engineering practices and standards equivalent to the purpose for which such levee or structure is intended;
(F) shoreline erosion;
(G) high water levels; and
(H) storm surges.
(4) Zoning and land use planning changes
A participating entity may use not more than 10 percent of a capitalization grant under this section to enable units of local government to implement zoning and land use planning changes focused on—
(A) the development and improvement of zoning and land use codes that incentivize and encourage low-impact development, resilient wildland-urban interface land management and development, natural infrastructure, green stormwater management, conservation areas adjacent to floodplains, implementation of watershed or greenway master plans, and reconnection of floodplains;
(B) the study and creation of agricultural risk compensation districts where there is a desire to remove or set-back levees protecting highly developed agricultural land to mitigate for flooding, allowing agricultural producers to receive compensation for assuming greater flood risk that would alleviate flood exposure to population centers and areas with critical national infrastructure;
(C) the study and creation of land use incentives that reward developers for greater reliance on low impact development stormwater best management practices, exchange density increases for increased open space and improvement of neighborhood catch basins to mitigate urban flooding, reward developers for including and augmenting natural infrastructure adjacent to and around building projects without reliance on increased sprawl, and reward developers for addressing wildfire ignition; and
(D) the study and creation of an erosion response plan that accommodates river, lake, forest, plains, and ocean shoreline retreating or bluff stabilization due to increased flooding and disaster impacts.
(5) Establishing and carrying out building code enforcement
A participating entity may use capitalization grants under this section to enable units of local government to establish and carry out the latest published editions of relevant building codes, specifications, and standards for the purpose of protecting the health, safety, and general welfare of the building's users against disasters and natural hazards.
(6) Administrative and technical costs
For each fiscal year, a participating entity may use the amount described in paragraph (1)(C) to—
(A) pay the reasonable costs of administering the programs under this section, including the cost of establishing an entity loan fund; and
(B) provide technical assistance to recipients of financial assistance from the entity loan fund, on the condition that such technical assistance does not exceed 5 percent of the capitalization grant made to such entity.
(7) Limitation for single projects
A participating entity may not provide an amount equal to or more than $5,000,000 to a single hazard mitigation project.
(8) Requirements
For fiscal year 2022 and each fiscal year thereafter, the requirements of subchapter IV of
(g) Intended use plans
(1) In general
After providing for public comment and review, and consultation with appropriate government agencies of the State or Indian tribal government, Federal agencies, and interest groups, each participating entity shall annually prepare and submit to the Administrator a plan identifying the intended uses of the entity loan fund.
(2) Contents of plan
An entity intended use plan prepared under paragraph (1) shall include—
(A) the integration of entity planning efforts, including entity hazard mitigation plans and other programs and initiatives relating to mitigation of major disasters carried out by such entity;
(B) an explanation of the mitigation and resiliency benefits the entity intends to achieve by—
(i) reducing future damage and loss associated with hazards;
(ii) reducing the number of severe repetitive loss structures and repetitive loss structures in the entity;
(iii) decreasing the number of insurance claims in the entity from injuries resulting from major disasters or other natural hazards; and
(iv) increasing the rating under the community rating system under
(C) information on the availability of, and application process for, financial assistance from the entity loan fund of such entity;
(D) the criteria and methods established for the distribution of funds;
(E) the amount of financial assistance that the entity anticipates apportioning;
(F) the expected terms of the assistance provided from the entity loan fund; and
(G) a description of the financial status of the entity loan fund, including short-term and long-term goals for the fund.
(h) Audits, reports, publications, and oversight
(1) Biennial entity audit and report
Beginning not later than the last day of the second fiscal year after the receipt of payments under this section, and biennially thereafter, any participating entity shall—
(A) conduct an audit of the entity loan fund established under subsection (c); and
(B) provide to the Administrator a report including—
(i) the result of any such audit; and
(ii) a review of the effectiveness of the entity loan fund of the entity with respect to meeting the goals and intended benefits described in the intended use plan submitted by the entity under subsection (g).
(2) Publication
A participating entity shall publish and periodically update information about all projects receiving funding from the entity loan fund of such entity, including—
(A) the location of the project;
(B) the type and amount of assistance provided from the entity loan fund;
(C) the expected funding schedule; and
(D) the anticipated date of completion of the project.
(3) Oversight
(A) In general
The Administrator shall, at least every 4 years, conduct reviews and audits as may be determined necessary or appropriate by the Administrator to carry out the objectives of this section and determine the effectiveness of the fund in reducing natural hazard risk.
(B) GAO requirements
A participating entity shall conduct audits under paragraph (1) in accordance with the auditing procedures of the Government Accountability Office, including generally accepted government auditing standards.
(C) Recommendations by Administrator
The Administrator may at any time make recommendations for or require specific changes to an entity loan fund in order to improve the effectiveness of the fund.
(i) Regulations or guidance
The Administrator shall issue such regulations or guidance as are necessary to—
(1) ensure that each participating entity uses funds as efficiently as possible;
(2) reduce waste, fraud, and abuse to the maximum extent possible; and
(3) require any party that receives funds directly or indirectly under this section, including a participating entity and a recipient of amounts from an entity loan fund, to use procedures with respect to the management of the funds that conform to generally accepted accounting standards.
(j) Waiver authority
Until such time as the Administrator issues final regulations to implement this section, the Administrator may—
(1) waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and
(2) provide capitalization grants under this section as a pilot program.
(k) Liability protections
The Agency shall not be liable for any claim based on the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty by the Agency, or an employee of the Agency in carrying out this section.
(l) GAO report
Not later than 1 year after the date on which the first entity loan fund is established under subsection (c), the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines—
(1) the appropriateness of regulations and guidance issued by the Administrator for the program, including any oversight of the program;
(2) a description of the number of the entity loan funds established, the projects funded from such entity loan funds, and the extent to which projects funded by the loan funds adhere to any applicable hazard mitigation plans;
(3) the effectiveness of the entity loan funds to lower disaster related costs; and
(4) recommendations for improving the administration of entity loan funds.
(m) Definitions
In this section, the following definitions apply:
(1) Administrator
The term "Administrator" means the Administrator of the Federal Emergency Management Agency.
(2) Agency
The term "Agency" means the Federal Emergency Management Agency.
(3) Eligible entity
The term "eligible entity" means a State or an Indian tribal government that has received a major disaster declaration pursuant to
(4) Hazard mitigation plan
The term "hazard mitigation plan" means a mitigation plan submitted under
(5) Low-income geographic area
The term "low-income geographic area" means an area described in paragraph (1) or (2) of
(6) Participating entity
The term "participating entity" means an eligible entity that has entered into an agreement under this section.
(7) Repetitive loss structure
The term "repetitive loss structure" has the meaning given the term in
(8) Severe repetitive loss structure
The term "severe repetitive loss structure" has the meaning given the term in
(9) Wildland-urban interface
The term "wildland-urban interface" has the meaning given the term in
(n) Authorization of appropriations
There are authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2023 to carry out this section.
(
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (e), is
The Endangered Species Act of 1973, referred to in subsec. (e), is
The National Historic Preservation Act of 1966, referred to in subsec. (e), probably means the National Historic Preservation Act,
This chapter, referred to in subsec. (f)(2), was in the original "this Act", meaning
Amendments
2022—Subsec. (d)(2)(C).
Subsec. (d)(3)(D).
Subsec. (d)(4).
Subsec. (m)(3).
Subsec. (m)(5) to (11).
§5136. Natural hazard risk assessment
(a) Definitions
In this section:
(1) Community disaster resilience zone
The term "community disaster resilience zone" means a census tract designated by the President under subsection (d)(1).
(2) Eligible entity
The term "eligible entity" means—
(A) a State;
(B) an Indian tribal government; or
(C) a local government.
(b) Products
The President shall continue to maintain a natural hazard assessment program that develops and maintains products that—
(1) are available to the public; and
(2) define natural hazard risk across the United States.
(c) Features
The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments—
(1) show the risk of natural hazards; and
(2) include ratings and data for—
(A) loss exposure, including population equivalence, buildings, and agriculture;
(B) social vulnerability;
(C) community resilience; and
(D) any other element determined by the President.
(d) Community disaster resilience zones designation
(1) In general
Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be—
(A) the 50 census tracts assigned the highest individual hazard risk ratings; and
(B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings.
(2) Risk ratings
In carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that—
(A) reflect—
(i) high levels of individual hazard risk ratings based on an assessment of the intersection of—
(I) loss to population equivalence;
(II) building value; and
(III) agriculture value;
(ii) high social vulnerability ratings and low community resilience ratings; and
(iii) any other elements determined by the President; and
(B) reflect the principal natural hazard risks identified for the respective census tracts.
(3) Geographic balance
In identifying and designating the community disaster resilience zones described in paragraph (1)(B)—
(A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and
(B) the President shall include census tracts on Tribal lands located within a State.
(4) Duration
The designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years.
(e) Review and update
Not later than 180 days after December 20, 2022, and not less frequently than every 5 years thereafter, the President shall—
(1) with respect to any product that is a natural hazard risk assessment—
(A) review the underlying methodology of the product; and
(B) receive public input on the methodology and data used for the product;
(2) consider including additional data in any product that is a natural hazard risk assessment, such as—
(A) the most recent census tract data;
(B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income;
(C) information relating to development, improvements, and hazard mitigation measures;
(D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure;
(E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and
(F) other information relevant to prioritizing areas that have—
(i) high risk levels of—
(I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and
(II) social vulnerability; and
(ii) low levels of community resilience;
(3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and
(4) update and enhance the products maintained under subsection (b), as necessary.
(f) Natural hazard risk assessment insights
In determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum—
(1) the Administrator of the Federal Emergency Management Agency;
(2) the Secretary of Agriculture and the Chief of the Forest Service;
(3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology;
(4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers;
(5) the Administrator of the Environmental Protection Agency;
(6) the Secretary of the Interior and the Director of the United States Geological Survey;
(7) the Secretary of Housing and Urban Development; and
(8) the Director of the Federal Housing Finance Agency.
(g) Community disaster resilience zone
With respect to financial assistance provided under
(h) Resilience or mitigation project planning assistance
(1) In general
The President may provide financial, technical, or other assistance under this subchapter to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone.
(2) Purpose
The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins.
(3) Application
If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1).
(4) Funding
In providing assistance under paragraph (1), the President may use amounts set aside under
(i) Community disaster resilience zone project applications
(1) In general
If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require.
(2) Evaluation and certification
(A) In general
Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone—
(i) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and
(ii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering.
(B) Certification
If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project.
(C) Effect of certification
The certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law.
(3) Projects causing displacement
With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall—
(A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced—
(i) of a comparable size;
(ii) located in the same local community or a community with reduced hazard risk; and
(iii) offered under similar costs, conditions, and terms;
(B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project—
(i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and
(ii) are the result of a voluntary decision by the resident; and
(C) plan for robust public participation in the resilience or mitigation project.
(
Statutory Notes and Related Subsidiaries
Effective Date
National Risk Index Funding
"Nothing in section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [
"(1) the date on which those amounts are transferred to another source; and
"(2) 3 years after the date of enactment of this Act [Dec. 20, 2022]."
§5136a. Assistance and training for communities with technological hazards and related emerging threats
(a) In general
The Administrator shall maintain the capacity to provide States, local, and Indian Tribal governments with technological hazards and related emerging threats technical assistance, training, and other preparedness programming to build community resilience to technological hazards and related emerging threats.
(b) Authorities
The Administrator shall carry out subsection (a) in accordance with—
(1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(2)
(3) the Post-Katrina Emergency Management Reform Act of 2006 (
(c) Assessment and notification
In carrying out subsection (a), the Administrator shall—
(1) use any available and appropriate multi-hazard risk assessment and mapping tools and capabilities to identify the communities that have the highest risk of and vulnerability to a technological hazard in each State; and
(2) ensure each State and Indian Tribal government is aware of—
(A) the communities identified under paragraph (1); and
(B) the availability of programming under this section for—
(i) technological hazards and related emerging threats preparedness; and
(ii) building community capability.
(d) Report
Not later than 1 year after December 23, 2022, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Natural Resources of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report relating to—
(1) actions taken to implement this section; and
(2) technological hazards and related emerging threats preparedness programming provided under this section during the 1-year period preceding the date of submission of the report.
(e) Consultation
The Secretary of Homeland Security may seek continuing input relating to technological hazards and related emerging threats preparedness needs by consulting State, Tribal, territorial, and local emergency services organizations and private sector stakeholders.
(f) Coordination
The Secretary of Homeland Security shall coordinate with the Secretary of Energy relating to technological hazard preparedness and training for a hazard that could result from activities or facilities authorized or licensed by the Department of Energy.
(g) Non-duplication of effort
In carrying out activities under subsection (a), the Administrator shall ensure that such activities do not unnecessarily duplicate efforts of other Federal departments or agencies, including programs within the Department of Health and Human Services.
(
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(1), is
The Post-Katrina Emergency Management Reform Act of 2006, referred to in subsec. (b)(3), is title VI of
Codification
Section was enacted as part of the Technological Hazards Preparedness and Training Act of 2022 and as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Savings Provision
"(1) the full completion of federally-led chemical surety material storage missions or chemical demilitarization missions that are underway as of the date of enactment of this Act [Dec. 23, 2022]; or
"(2) any transitional activities or other community assistance incidental to the completion of the missions described in paragraph (1)."
Definitions
"(1)
"(2)
"(3)
"(4)
"(A) means a hazard that involves materials created by humans that pose a unique hazard to the general public and environment and which may result from—
"(i) an accident;
"(ii) an emergency caused by another hazard; or
"(iii) intentional use of the hazardous materials; and
"(B) includes a chemical, radiological, biological, and nuclear hazard."