SUBCHAPTER III—MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
§5141. Waiver of administrative conditions
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.
(
Editorial Notes
Prior Provisions
A prior section 5141,
§5142. Repealed. Pub. L. 100–707, title I, §105(a)(2), Nov. 23, 1988, 102 Stat. 4691
Section,
§5143. Coordinating officers
(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
(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.
(d) Single Federal coordinating officer for multistate area
Where the area affected by a major disaster or emergency includes parts of more than 1 State, the President, at the discretion of the President, may appoint a single Federal coordinating officer for the entire affected area, and may appoint such deputy Federal coordinating officers to assist the Federal coordinating officer as the President determines appropriate.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b) and (c), was in the original "this Act", meaning
Codification
In subsec. (b)(3), "
Prior Provisions
A prior section 302 of
Amendments
2006—Subsec. (d).
1988—Subsec. (a).
§5144. Emergency support and response teams
(a) Emergency support teams
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.
(b) Emergency response teams
(1) Establishment
In carrying out subsection (a), the President, acting through the Administrator of the Federal Emergency Management Agency, shall establish—
(A) at a minimum 3 national response teams; and
(B) sufficient regional response teams, including Regional Office strike teams under
(C) other response teams as may be necessary to meet the incident management responsibilities of the Federal Government.
(2) Target capability level
The Administrator shall ensure that specific target capability levels, as defined pursuant to the guidelines established under
(3) Personnel
The President, acting through the Administrator, shall ensure that the Federal emergency response teams consist of adequate numbers of properly planned, organized, equipped, trained, and exercised personnel to achieve the established target capability levels. Each emergency response team shall work in coordination with State and local officials and onsite personnel associated with a particular incident.
(4) Readiness reporting
The Administrator shall evaluate team readiness on a regular basis and report team readiness levels in the report required under
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Prior Provisions
A prior section 303 of
Amendments
2011—Subsec. (b).
2006—
§§5145, 5146. Repealed. Pub. L. 100–707, title I, §105(d), Nov. 23, 1988, 102 Stat. 4691
Section 5145,
Section 5146,
§5147. Reimbursement of Federal agencies
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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 304 of
§5148. Nonliability of Federal Government
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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 305 of
§5149. Performance of services
(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
(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.
(c) Appointment of temporary personnel in the Federal Emergency Management Agency
The Administrator of the Federal Emergency Management Agency is authorized to appoint temporary personnel, after serving continuously for 3 years, to positions in the Federal Emergency Management Agency in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions. An individual appointed under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.
(d) Personnel performing service responding to disasters and emergencies
(1) USERRA employment and reemployment rights
The protections, rights, benefits, and obligations provided under
(2) Notice of absence from position of employment
Preclusion of giving notice of service by necessity of service under subsection (b)(1) to perform service to the Federal Emergency Management Agency under
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 306 of
Amendments
2022—Subsec. (d).
2018—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§5150. Use of local firms and individuals
(a) Contracts or agreements with private entities
(1) In general
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.
(2) Construction
This subsection shall not be considered to restrict the use of Department of Defense resources under this chapter in the provision of assistance in a major disaster.
(3) Specific geographic area
In carrying out this section, a contract or agreement may be set aside for award based on a specific geographic area.
(b) Implementation
(1) Contracts not to entities in area
Any 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, not awarded to an organization, firm, or individual residing or doing business primarily in the area affected by such major disaster shall be justified in writing in the contract file.
(2) Transition
Following the declaration of an emergency or major disaster, an agency performing response, relief, and reconstruction activities shall transition work performed under contracts in effect on the date on which the President declares the emergency or major disaster to organizations, firms, and individuals residing or doing business primarily in any area affected by the major disaster or emergency, unless the head of such agency determines that it is not feasible or practicable to do so.
(3) Formulation of requirements
The head of a Federal agency, as feasible and practicable, shall formulate appropriate requirements to facilitate compliance with this section.
(c) Prior contracts
Nothing in this section shall be construed to require any Federal agency to breach or renegotiate any contract in effect before the occurrence of a major disaster or emergency.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(2), was in the original "this Act", meaning
Prior Provisions
A prior section 5150,
A prior section 307 of
Amendments
2006—Subsec. (b)(3).
§5151. Nondiscrimination in disaster assistance
(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, disability, English proficiency, 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Prior Provisions
A prior section 308 of
Amendments
2006—Subsec. (a).
1988—Subsec. (b).
§5152. Use and coordination of relief organizations
(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, long-term recovery groups, domestic hunger relief, 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, long-term recovery groups, domestic hunger relief, 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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 309 of
Amendments
2018—Subsecs. (a), (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§5153. Priority to certain applications for public facility and public housing assistance
(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 [
(2)
(3) The Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974 [
(4)
(5) The Public Works and Economic Development Act of 1965 [
(6) Subtitle IV of title 40.
(7) The Federal Water Pollution Control Act [
(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.
(
Editorial Notes
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
The Housing and Community Development Act of 1974, referred to in subsec. (a)(3), is
The Public Works and Economic Development Act of 1965, as amended, referred to in subsec. (a)(5), is
The Federal Water Pollution Control Act, referred to in subsec. (a)(7), is act June 30, 1948, ch. 758, as amended generally by
Codification
"
Prior Provisions
A prior section 5153,
A prior section 310 of
§5154. Insurance
(a) Applicants for replacement of damaged facilities
(1) Compliance with certain regulations
An applicant for assistance under
(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
(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
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b) and (c), was in the original "this Act", meaning
Prior Provisions
A prior section 5154,
A prior section 311 of
Amendments
2000—Subsecs. (a)(1), (b), (c).
1994—Subsec. (b).
§5154a. Prohibited flood disaster assistance
(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
(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 (
(e) Effective date
This section and the amendments made by this section shall apply to disasters declared after September 23, 1994.
(
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(2), is
The amendments made by this section, referred to in subsec. (e), means the amendments made by section 582(c) of
Codification
Section is comprised of section 582 of
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.
§5155. Duplication of benefits
(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.
(4) Waiver of general prohibition
(A) In general
The President may waive the general prohibition provided in subsection (a) upon request of a Governor on behalf of the State or on behalf of a person, business concern, or any other entity suffering losses as a result of a major disaster or emergency, if the President finds such waiver is in the public interest and will not result in waste, fraud, or abuse. In making this decision, the President may consider the following:
(i) The recommendations of the Administrator of the Federal Emergency Management Agency made in consultation with the Federal agency or agencies administering the duplicative program.
(ii) If a waiver is granted, the assistance to be funded is cost effective.
(iii) Equity and good conscience.
(iv) Other matters of public policy considered appropriate by the President.
(B) Grant or denial of waiver
A request under subparagraph (A) shall be granted or denied not later than 45 days after submission of such request.
(C) Prohibition on determination that loan is a duplication
Notwithstanding subsection (c), in carrying out subparagraph (A), the President may not determine that a loan is a duplication of assistance, provided that all Federal assistance is used toward a loss suffered as a result of the major disaster or emergency.
(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
(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.
(
Amendment of Section
Editorial Notes
References in Text
This chapter, referred to in subsec. (d), was in the original "this Act", meaning
Prior Provisions
A prior section 5155,
A prior section 312 of
Amendments
2018—Subsec. (b)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Limitation
§5156. Standards and reviews
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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 5156,
A prior section 313 of
§5157. Penalties
(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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 5157,
A prior section 314 of
§5158. Availability of materials
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.
(
Editorial Notes
Prior Provisions
A prior section 315 of
§5159. Protection of environment
An action which is taken or assistance which is provided pursuant to
(
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in text, is
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 316 of
§5160. Recovery of assistance
(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 such person which caused such condition. Such action for reasonable costs shall be brought in an appropriate United States district court.
(b) Rendering of care
A person shall not be liable under this section for costs incurred by the United States as a result of actions taken or omitted by such person in the course of rendering care or assistance in response to a major disaster or emergency.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Prior Provisions
A prior section 317 of
§5161. Audits and investigations
(a) In general
Subject to the provisions of
(b) Access to records
For purposes of audits and investigations under this section, the President and Comptroller General may inspect any books, documents, papers, and records of any person relating to any activity undertaken or funded under this chapter.
(c) State and local audits
The President may require audits by State and local governments in connection with assistance under this chapter when necessary to assure compliance with this chapter or related regulations.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 318 of
§5161a. Audit of contracts
Notwithstanding any other provision of law, the Administrator of the Federal Emergency Management Agency shall not reimburse a State or local government, an Indian tribal government (as defined in
(
Editorial Notes
Codification
Section was enacted as part of the Disaster Recovery Reform Act of 2018 and as part of the FAA Reauthorization Act of 2018, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Authorities provided under div. D of
Definitions
For definitions of "Administrator" and "State" as used in this section, see section 1203 of
§5162. Advance of non-Federal share
(a) In general
The President may lend or advance to an eligible applicant or a State the portion of assistance for which the State is responsible under the cost-sharing provisions of this chapter in any case in which—
(1) the State is unable to assume its financial responsibility under such cost-sharing provisions—
(A) with respect to concurrent, multiple major disasters in a jurisdiction, or
(B) after incurring extraordinary costs as a result of a particular disaster; and
(2) the damages caused by such disasters or disaster are so overwhelming and severe that it is not possible for the applicant or the State to assume immediately their financial responsibility under this chapter.
(b) Terms of loans and advances
(1) In general
Any loan or advance under this section shall be repaid to the United States.
(2) Interest
Loans and advances under this section shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period of the loan or advance.
(c) Regulations
The President shall issue regulations describing the terms and conditions under which any loan or advance authorized by this section may be made.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
§5163. Limitation on use of sliding scales
No geographic area shall be precluded from receiving assistance under this chapter solely by virtue of an arithmetic formula or sliding scale based on income or population.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§5164. Rules and regulations
The President may prescribe such rules and regulations as may be necessary and proper to carry out the provisions of this chapter, and may exercise, either directly or through such Federal agency as the President may designate, any power or authority conferred to the President by this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§5165. Mitigation planning
(a) Requirement of mitigation plan
As a condition of receipt of an increased Federal share for hazard mitigation measures under subsection (e), a State, local, or tribal government shall develop and submit for approval to the President a mitigation plan that outlines processes for identifying the natural hazards, risks, and vulnerabilities of the area under the jurisdiction of the government.
(b) Local and tribal plans
Each mitigation plan developed by a local or tribal government shall—
(1) describe actions to mitigate hazards, risks, and vulnerabilities identified under the plan; and
(2) establish a strategy to implement those actions.
(c) State plans
The State process of development of a mitigation plan under this section shall—
(1) identify the natural hazards, risks, and vulnerabilities of areas in the State;
(2) support development of local mitigation plans;
(3) provide for technical assistance to local and tribal governments for mitigation planning; and
(4) identify and prioritize mitigation actions that the State will support, as resources become available.
(d) Funding
(1) In general
Federal contributions under
(2) Maximum Federal contribution
With respect to any mitigation plan, a State, local, or tribal government may use an amount of Federal contributions under
(e) Increased Federal share for hazard mitigation measures
(1) In general
If, at the time of the declaration of a major disaster or event under
(2) Factors for consideration
In determining whether to increase the maximum percentage under paragraph (1), the President shall consider whether the State has established—
(A) eligibility criteria for property acquisition and other types of mitigation measures;
(B) requirements for cost effectiveness that are related to the eligibility criteria;
(C) a system of priorities that is related to the eligibility criteria; and
(D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the mitigation action is complete.
(
Editorial Notes
Amendments
2018—Subsec. (e)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§5165a. Minimum standards for public and private structures
(a) In general
As a condition of receipt of a disaster loan or grant under this chapter—
(1) the recipient shall carry out any repair or construction to be financed with the loan or grant in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications, and standards; and
(2) the President may require safe land use and construction practices, after adequate consultation with appropriate State and local government officials.
(b) Evidence of compliance
A recipient of a disaster loan or grant under this chapter shall provide such evidence of compliance with this section as the President may require by regulation.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§5165b. Management costs
(a) Definition of management cost
In this section, the term "management cost" includes any indirect cost, any direct administrative cost, and any other administrative expense associated with a specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure.
(b) Establishment of management cost rates
(1) In general
Notwithstanding any other provision of law (including any administrative rule or guidance), the President shall by regulation implement management cost rates, for grantees and subgrantees, that shall be used to determine contributions under this chapter for management costs.
(2) Specific management costs
The Administrator of the Federal Emergency Management Agency shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs:
(A) Hazard mitigation
A grantee under
(B) Public assistance
A grantee under
(c) Review
The President shall review the management cost rates established under subsection (b) not later than 3 years after the date of establishment of the rates and periodically thereafter.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(1), was in the original "this Act", meaning
Amendments
2018—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date
"(1)
"(2)
§5165c. Public notice, comment, and consultation requirements
(a) Public notice and comment concerning new or modified policies
(1) In general
The President shall provide for public notice and opportunity for comment before adopting any new or modified policy that—
(A) governs implementation of the public assistance program administered by the Federal Emergency Management Agency under this chapter; and
(B) could result in a significant reduction of assistance under the program.
(2) Application
Any policy adopted under paragraph (1) shall apply only to a major disaster or emergency declared on or after the date on which the policy is adopted.
(b) Consultation concerning interim policies
(1) In general
Before adopting any interim policy under the public assistance program to address specific conditions that relate to a major disaster or emergency that has been declared under this chapter, the President, to the maximum extent practicable, shall solicit the views and recommendations of grantees and subgrantees with respect to the major disaster or emergency concerning the potential interim policy, if the interim policy is likely—
(A) to result in a significant reduction of assistance to applicants for the assistance with respect to the major disaster or emergency; or
(B) to change the terms of a written agreement to which the Federal Government is a party concerning the declaration of the major disaster or emergency.
(2) No legal right of action
Nothing in this subsection confers a legal right of action on any party.
(c) Public access
The President shall promote public access to policies governing the implementation of the public assistance program.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(1)(A) and (b)(1), was in the original "this Act", meaning
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
§5165d. Designation of Small State and Rural Advocate
(a) In general
The President shall designate in the Federal Emergency Management Agency a Small State and Rural Advocate.
(b) Responsibilities
The Small State and Rural Advocate shall be an advocate for the fair treatment of small States and rural communities in the provision of assistance under this chapter.
(c) Duties
The Small State and Rural Advocate shall—
(1) participate in the disaster declaration process under
(2) assist small population States in the preparation of requests for major disaster or emergency declarations;
(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including—
(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis;
(B) the disaster impacted population profile, as reported by the Bureau of the Census, including—
(i) the percentage of the population for whom poverty status is determined;
(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits;
(iii) the pre-disaster unemployment rate;
(iv) the percentage of the population that is 65 years old and older;
(v) the percentage of the population 18 years old and younger;
(vi) the percentage of the population with a disability;
(vii) the percentage of the population who speak a language other than English and speak English less than "very well"; and
(viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State's request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph;
(C) the impact to community infrastructure, including—
(i) disruptions to community life-saving and life-sustaining services;
(ii) disruptions or increased demand for essential community services; and
(iii) disruptions to transportation, infrastructure, and utilities; and
(D) any other information relevant to demonstrate severe local impacts; and
(4) conduct such other activities as the Administrator of the Federal Emergency Management Agency considers appropriate.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2022—Subsec. (c)(3), (4).
2011—Subsec. (c)(3).
Statutory Notes and Related Subsidiaries
Construction
§5165e. Integrated plan for administrative cost reduction
(a) In general
Not later than 365 days after February 29, 2016, the Administrator shall—
(1) develop and implement an integrated plan to control and reduce administrative costs for major disasters, which shall include—
(A) steps the Agency will take to reduce administrative costs;
(B) milestones needed for accomplishing the reduction of administrative costs;
(C) strategic goals for the average annual percentage of administrative costs of major disasters for each fiscal year;
(D) the assignment of clear roles and responsibilities, including the designation of officials responsible for monitoring and measuring performance; and
(E) a timetable for implementation;
(2) compare the costs and benefits of tracking the administrative cost data for major disasters by the public assistance, individual assistance, hazard mitigation, and mission assignment programs, and if feasible, track this information; and
(3) clarify Agency guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or subgrantee of a public assistance grant program.
(b) Congressional update
Not later than 90 days after February 29, 2016, the Administrator shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the plan required to be developed under subsection (a)(1).
(c) Updates
If the Administrator modifies the plan or the timetable under subsection (a), the Administrator 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 notifying Congress of the modification, which shall include the details of the modification.
(
Editorial Notes
Codification
Section was enacted as part of the Directing Dollars to Disaster Relief Act of 2015, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Reporting Requirement
"(a)
"(b)
"(1)
"(2)
"(c)
"(1) the total amount spent on administrative costs for the fiscal year period for which the report is being submitted;
"(2) the average annual percentage of administrative costs for the fiscal year period for which the report is being submitted;
"(3) an assessment of the effectiveness of the plan developed under section 3(a)(1) [
"(4) an analysis of—
"(A) whether the Agency is achieving the strategic goals established under section 3(a)(1)(C) [
"(B) in the case of the Agency not achieving such strategic goals, what is preventing the Agency from doing so;
"(5) any actions the Agency has identified as useful in improving upon and reaching the goals for administrative costs established under section 3(a)(1)(C); and
"(6) any data described in section 3(a)(2) [
"(d)
Definitions
"(1) the term 'administrative cost'—
"(A) means a cost incurred by the Agency in support of the delivery of disaster assistance for a major disaster; and
"(B) does not include a cost incurred by a grantee or subgrantee;
"(2) the term 'Administrator' means the Administrator of the Agency;
"(3) the term 'Agency' means the Federal Emergency Management Agency;
"(4) the term 'direct administrative cost' means a cost incurred by a grantee or subgrantee of a program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"(5) the term 'hazard mitigation program' means the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"(6) the term 'individual assistance program' means the individual assistance grant program authorized under sections 408, 410, 415, 416, 426, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"(7) 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 (
"(8) the term 'mission assignment' has the meaning given the term in section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (
"(9) the term 'public assistance program' means the public assistance grant program authorized under sections 403(a)(3), 406, 418, 419, 428, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
§5165f. National Urban Search and Rescue Response System
(a) Definitions
In this section, the following definitions shall 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) Hazard
The term "hazard" has the meaning given the term in
(4) Nonemployee System member
The term "nonemployee System member" means a System member not employed by a sponsoring agency or participating agency.
(5) Participating agency
The term "participating agency" means a State or local government, nonprofit organization, or private organization that has executed an agreement with a sponsoring agency to participate in the System.
(6) Sponsoring agency
The term "sponsoring agency" means a State or local government that is the sponsor of a task force designated by the Administrator to participate in the System.
(7) System
The term "System" means the National Urban Search and Rescue Response System to be administered under this section.
(8) System member
The term "System member" means an individual who is not a full-time employee of the Federal Government and who serves on a task force or on a System management or other technical team.
(9) Task force
The term "task force" means an urban search and rescue team designated by the Administrator to participate in the System.
(b) General authority
Subject to the requirements of this section, the Administrator shall continue to administer the emergency response system known as the National Urban Search and Rescue Response System.
(c) Functions
In administering the System, the Administrator shall provide for a national network of standardized search and rescue resources to assist States and local governments in responding to hazards.
(d) Task forces
(1) Designation
The Administrator shall designate task forces to participate in the System. The Administration shall determine the criteria for such participation.
(2) Sponsoring agencies
Each task force shall have a sponsoring agency. The Administrator shall enter into an agreement with the sponsoring agency with respect to the participation of each task force in the System.
(3) Composition
(A) Participating agencies
A task force may include, at the discretion of the sponsoring agency, one or more participating agencies. The sponsoring agency shall enter into an agreement with each participating agency with respect to the participation of the participating agency on the task force.
(B) Other individuals
A task force may also include, at the discretion of the sponsoring agency, other individuals not otherwise associated with the sponsoring agency or a participating agency. The sponsoring agency of a task force may enter into a separate agreement with each such individual with respect to the participation of the individual on the task force.
(e) Management and technical teams
The Administrator shall maintain such management teams and other technical teams as the Administrator determines are necessary to administer the System.
(f) Appointment of System members into Federal service
(1) In general
The Administrator may appoint a System member into Federal service for a period of service to provide for the participation of the System member in exercises, preincident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by the Administrator.
(2) Nonapplicability of certain civil service laws
The Administrator may make appointments under paragraph (1) without regard to the provisions of title 5 governing appointments in the competitive service.
(3) Relationship to other authorities
The authority of the Administrator to make appointments under this subsection shall not affect any other authority of the Administrator under this chapter.
(4) Limitation
A System member who is appointed into Federal service under paragraph (1) shall not be considered an employee of the United States for purposes other than those specifically set forth in this section.
(g) Compensation
(1) Pay of System members
Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force—
(A) to reimburse each employer of a System member on the task force for compensation paid by the employer to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1); and
(B) to make payments directly to a nonemployee System member on the task force for any period during which the nonemployee System member is appointed into Federal service under subsection (f)(1).
(2) Reimbursement for employees filling positions of System members
(A) In general
Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force to be used to reimburse each employer of a System member on the task force for compensation paid by the employer to an employee filling a position normally filled by the System member for any period during which the System member is appointed into Federal service under subsection (f)(1).
(B) Limitation
Costs incurred by an employer shall be eligible for reimbursement under subparagraph (A) only to the extent that the costs are in excess of the costs that would have been incurred by the employer had the System member not been appointed into Federal service under subsection (f)(1).
(3) Method of payment
A System member shall not be entitled to pay directly from the Agency for a period during which the System member is appointed into Federal Service under subsection (f)(1).
(h) Personal injury, illness, disability, or death
(1) In general
A System member who is appointed into Federal service under subsection (f)(1) and who suffers personal injury, illness, disability, or death as a result of a personal injury sustained while acting in the scope of such appointment, shall, for the purposes of subchapter I of
(2) Election of benefits
(A) In general
A System member (or, in the case of the death of the System member, the System member's dependent) who is entitled under paragraph (1) to receive benefits under subchapter I of
(i) receive benefits under such subchapter; or
(ii) receive benefits from the State or local government.
(B) Deadline
A System member or dependent shall make an election of benefits under subparagraph (A) not later than 1 year after the date of the personal injury, illness, disability, or death that is the reason for the benefits, or until such later date as the Secretary of Labor may allow for reasonable cause shown.
(C) Effect of election
An election of benefits made under this paragraph is irrevocable unless otherwise provided by law.
(3) Reimbursement for State or local benefits
Subject to such terms and conditions as the Administrator may impose by regulation, if a System member or dependent elects to receive benefits from a State or local government under paragraph (2)(A), the Administrator shall reimburse the State or local government for the value of the benefits.
(4) Public safety officer claims
Nothing in this subsection shall be construed to bar any claim by, or with respect to, any System member who is a public safety officer, as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [
(i) Liability
A System member appointed into Federal service under subsection (f)(1), while acting within the scope of the appointment, shall be considered to be an employee of the Federal Government under
(j) Employment and reemployment rights
With respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency, the following terms and conditions apply:
(1) Service
Service as a System member shall be considered to be "service in the uniformed services" for purposes of
(2) Preclusion
Preclusion of giving notice of service by necessity of appointment under this section shall be considered to be preclusion by "military necessity" for purposes of
(k) Licenses and permits
If a System member holds a valid license, certificate, or other permit issued by any State or other governmental jurisdiction evidencing the member's qualifications in any professional, mechanical, or other skill or type of assistance required by the System, the System member is deemed to be performing a Federal activity when rendering aid involving such skill or assistance during a period of appointment into Federal service under subsection (f)(1).
(l) Preparedness cooperative agreements
Subject to the availability of appropriations for such purpose, the Administrator shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes:
(1) Training and exercises, including training and exercises with other Federal, State, and local government response entities.
(2) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment.
(3) Medical monitoring required for responder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Administrator.
(m) Response cooperative agreements
The Administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Administrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major disaster or emergency.
(n) Obligations
The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System.
(o) Equipment maintenance and replacement
Not later than 180 days after December 16, 2016, the Administrator shall submit to the appropriate congressional committees (as defined in
(p) Federal employees
Nothing in this section shall be construed to mean that a task force may not include Federal employees. In the case of a Federal employee detailed to a task force, the sponsoring agency shall enter into an agreement with the relevant employing Federal agency.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (f)(3), was in the original "this Act", meaning
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (h)(4), is
Amendments
2019—Subsec. (p).
1 See References in Text note below.
§5165g. National veterinary emergency teams
(a) In general
The Administrator of the Federal Emergency Management Agency may establish one or more national veterinary emergency teams at accredited colleges of veterinary medicine.
(b) Responsibilities
A national veterinary emergency team shall—
(1) deploy with a team of the National Urban Search and Rescue Response System to assist with—
(A) veterinary care of canine search teams;
(B) locating and treating companion animals, service animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic diseases;
(2) recruit, train, and certify veterinary professionals, including veterinary students, in accordance with an established set of plans and standard operating guidelines to carry out the duties associated with planning for and responding to major disasters and emergencies as described in paragraph (1);
(3) assist State governments, Indian tribal governments, local governments, and nonprofit organizations in developing emergency management and evacuation plans that account for the care and rescue of animals and in improving local readiness for providing veterinary medical response during an emergency or major disaster; and
(4) coordinate with the Department of Homeland Security, the Department of Health and Human Services, the Department of Agriculture, State, local, and Indian tribal governments (including departments of animal and human health), veterinary and health care professionals, and volunteers.
(
Editorial Notes
Codification
Section was enacted as part of the Disaster Recovery Reform Act of 2018 and as part of the FAA Reauthorization Act of 2018, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Authorities provided under div. D of
Definitions
For definition of "State" as used in this section, see section 1203 of