CHAPTER 68 —DISASTER RELIEF
SUBCHAPTER I—FINDINGS, DECLARATIONS, AND DEFINITIONS
SUBCHAPTER II—DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
SUBCHAPTER III—MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE PROGRAMS
SUBCHAPTER IV–A—EMERGENCY ASSISTANCE PROGRAMS
SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS
Part A—Powers and Duties
Part B—General Provisions
SUBCHAPTER V—MISCELLANEOUS
SUBCHAPTER I—FINDINGS, DECLARATIONS, AND DEFINITIONS
§5121. Congressional findings and declarations
(a) The Congress hereby finds and declares that—
(1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;
special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.
(b) It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; and
(6) providing Federal assistance programs for both public and private losses sustained in disasters 1
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
1988—Subsec. (b)(7).
Effective Date of 2018 Amendment
"(a)
"(b)
Effective Date
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2016 Amendment
Short Title of 2015 Amendment
Short Title of 2013 Amendment
Short Title of 2011 Amendment
Short Title of 2006 Amendment
Short Title of 2005 Amendment
Short Title of 2000 Amendment
Short Title of 1993 Amendment
Short Title of 1988 Amendment
Short Title of 1980 Amendment
Short Title
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
Delegation of Functions
Functions of the President under the Disaster Relief Acts of 1970 and 1974, with certain exceptions, were delegated to the Secretary of Homeland Security, see sections 4–201 and 4–203 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended, set out as a note under
References to Disaster Relief Act of 1974
References to Disaster Relief Act of 1970
Requirements for Grant Systems Modernization
"(a)
"(1) An online interface, including online assistance, for applicants to complete application forms, submit materials, and access the status of applications.
"(2) Mechanisms to eliminate duplication of benefits.
"(3) If appropriate, enable the sharing of information among agencies and with State, local, and tribal governments, to eliminate the need to file multiple applications and speed disaster recovery.
"(4) Any additional tools the Administrator determines will improve the implementation of this section.
"(b)
Report on State Management of Small Disasters Initiative
"(1) identification of any administrative or financial benefits of the initiative; and
"(2) recommendations concerning the conditions, if any, under which States should be allowed the option to administer parts of the assistance program under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
Study Regarding Cost Reduction
Study of Participation by Indian Tribes in Emergency Management
National Drought Policy
Recommendations Concerning Improvement of Relationships Among Disaster Management Officials
Declared Disasters and Emergencies Not Affected
Executive Order No. 11749
Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which related to consolidation of functions assigned to Secretary of Housing and Urban Development, was revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out as a note under
Ex. Ord. No. 11795. Delegation of Presidential Functions
Ex. Ord. No. 11795, July 11, 1974, 39 F.R. 25939, as amended by Ex. Ord. No. 11910, Apr. 13, 1976, 41 F.R. 15681; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided:
By virtue of the authority vested in me by the Disaster Relief Act of 1974 (
[
[
[References to a "coupon" provided under the Food and Nutrition Act of 2008 considered to refer to a "benefit" under that Act, see section 4115(d) of
Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction
For provisions relating to seismic safety requirements for new construction or total replacement of a building under this chapter after a presidentially declared major disaster or emergency, see Ex. Ord. No. 13717, Feb. 2, 2016, 81 F.R. 6407, set out as a note under
1 So in original. Probably should be followed by a period.
§5122. Definitions
As used in this chapter—
(1)
(2)
(3) "United States" means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(4) "State" means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(5) "Governor" means the chief executive of any State.
(6)
(7)
(8)
(A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government;
(B) an Indian tribe or authorized tribal organization, or Alaska Native village or organization, that is not an Indian tribal government as defined in paragraph (6); and
(C) a rural community, unincorporated town or village, or other public entity, for which an application for assistance is made by a State or political subdivision of a State.
(9) "Federal agency" means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government, including the United States Postal Service, but shall not include the American National Red Cross.
(10)
(A) Any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility.
(B) Any non-Federal-aid street, road, or highway.
(C) Any other public building, structure, or system, including those used for educational, recreational, or cultural purposes.
(D) Any park.
(11)
(A)
(B)
(12)
(
References in Text
This chapter, referred to in introductory provisions and par. (2), was in the original "this Act", meaning
The Federally Recognized Indian Tribe List Act of 1994, referred to in par. (6), is title I of
Amendments
2018—Par. (11).
Par. (11)(A).
Par. (11)(B).
2015—Par. (11)(B).
2013—Par. (6).
Par. (7).
Par. (7)(B).
Pars. (8) to (11).
Par. (12).
2006—Pars. (6) to (8).
Par. (9).
Par. (10).
2000—Par. (3).
Par. (4).
Par. (6).
Par. (9).
1992—Pars. (3), (4).
1988—Par. (1).
Par. (2).
Pars. (3), (4).
Pars. (8), (9).
Effective Date of 2018 Amendment
Amendment by
"(1) to the provision of assistance in response to a major disaster or emergency declared on or after August 23, 2017; or
"(2) with respect to—
"(A) any application for assistance that, as of the date of enactment of this Act [Feb. 9, 2018], is pending before Federal Emergency Management Agency; and
"(B) any application for assistance that has been denied, where a challenge to that denial is not yet finally resolved as of the date of enactment of this Act."
Regulations
"(1)
"(2)
Local Government
"(1)
"(2)
[Functions of President under section 103(e)(2) of
Definitions
"(1)
"(2)
"(3)
1 See References in Text note below.
§5123. References
Except as otherwise specifically provided, any reference in this chapter to "State and local", "State or local", "State, and local", "State, or local", or "State, local" (including plurals) with respect to governments or officials and any reference to a "local government" in
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
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.
(
Amendments
1988—Subsec. (a).
Subsec. (d).
§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.
(
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
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).
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."
§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.
(
Amendments
2011—Subsec. (b).
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
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.
(
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.
(
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
(
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.
(
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.
(
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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 306 of
Amendments
2018—Subsec. (c).
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.
(
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.
(
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.
(
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).
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.
(
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
(
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.
(
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
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).
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.
(
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.
(
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.
(
Prior Provisions
A prior section 315 of
§5159. Protection of environment
An action which is taken or assistance which is provided pursuant to
(
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.
(
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.
(
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
(
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.
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.
(
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.
(
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.
(
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.
(
Amendments
2018—Subsec. (e)(1).
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.
(
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.
(
References in Text
This chapter, referred to in subsec. (b)(1), was in the original "this Act", meaning
Amendments
2018—Subsec. (a).
Subsec. (b).
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.
(
References in Text
This chapter, referred to in subsecs. (a)(1)(A) and (b)(1), was in the original "this Act", meaning
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; and
(3) conduct such other activities as the Administrator of the Federal Emergency Management Agency considers appropriate.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2011—Subsec. (c)(3).
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.
(
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.
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.
(
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.
(
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.
Effective Date
Authorities provided under div. D of
Definitions
For definition of "State" as used in this section, see section 1203 of
SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE PROGRAMS
§5170. Procedure for declaration
(a) In general
All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State's emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.
(b) Indian tribal government requests
(1) In general
The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).
(2) References
In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except
(3) Savings provision
Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this subchapter through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident.
(c) Cost share adjustments for Indian tribal governments
(1) In general
In providing assistance to an Indian tribal government under this subchapter, the President may waive or adjust any payment of a non-Federal contribution with respect to the assistance if—
(A) the President has the authority to waive or adjust the payment under another provision of this subchapter; and
(B) the President determines that the waiver or adjustment is necessary and appropriate.
(2) Criteria for making determinations
The President shall establish criteria for making determinations under paragraph (1)(B).
(
References in Text
This chapter, referred to in subsecs. (a) and (b)(2), was in the original "this Act", meaning
Prior Provisions
A prior section 401 of
Amendments
2013—
Local Impact
"(a)
"(b)
Cost of Assistance Estimates
"(a)
"(b)
[For definition of "State" as used in section 1239 of
Individual Assistance Factors
§5170a. General Federal assistance
In any major disaster, the President may—
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance response or recovery efforts, including precautionary evacuations;
(2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments, including precautionary evacuations and recovery;
(3) provide technical and advisory assistance to affected State and local governments for—
(A) the performance of essential community services;
(B) issuance of warnings of risks and hazards;
(C) public health and safety information, including dissemination of such information;
(D) provision of health and safety measures;
(E) management, control, and reduction of immediate threats to public health and safety; and
(F) recovery activities, including disaster impact assessments and planning;
(4) assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance;
(5) provide assistance to State and local governments for building code and floodplain management ordinance administration and enforcement, including inspections for substantial damage compliance; and
(6) provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President—
(A) shall, to the fullest extent practicable, promptly notify and coordinate with officials in a State in which such assistance or support is provided; and
(B) shall not, in notifying and coordinating with a State under subparagraph (A), delay or impede the rapid deployment, use, and distribution of critical resources to victims of a major disaster.
(
Prior Provisions
A prior section 402 of
Amendments
2018—Pars. (5), (6).
2006—Par. (1).
Par. (2).
Par. (3)(F).
Par. (5).
Effective Date of 2018 Amendment
Amendment by
§5170b. Essential assistance
(a) In general
Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows:
(1) Federal resources, generally
Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this chapter.
(2) Medicine, food, and other consumables
Distributing or rendering through State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations medicine durable medical equipment,,1 food, and other consumable supplies, and other services and assistance to disaster victims.
(3) Work and services to save lives and protect property
Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including—
(A) debris removal;
(B) search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine durable medical equipment,,1 and other essential needs, including movement of supplies or persons;
(C) clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services;
(D) provision of temporary facilities for schools and other essential community services;
(E) demolition of unsafe structures which endanger the public;
(F) warning of further risks and hazards;
(G) dissemination of public information and assistance regarding health and safety measures;
(H) provision of technical advice to State and local governments on disaster management and control;
(I) reduction of immediate threats to life, property, and public health and safety; and
(J) provision of rescue, care, shelter, and essential needs—
(i) to individuals with household pets and service animals; and
(ii) to such pets and animals.
(4) Contributions
Making contributions to State or local governments or owners or operators of private nonprofit facilities for the purpose of carrying out the provisions of this subsection.
(b) Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance.
(c) Utilization of DOD resources
(1) General rule
During the immediate aftermath of an incident which may ultimately qualify for assistance under this subchapter or subchapter IV-A of this chapter, the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable. Such emergency work may only be carried out for a period not to exceed 10 days.
(2) Rules applicable to debris removal
Any removal of debris and wreckage carried out under this subsection shall be subject to
(3) Expenditures out of disaster relief funds
The cost of any assistance provided pursuant to this subsection shall be reimbursed out of funds made available to carry out this chapter.
(4) Federal share
The Federal share of assistance under this subsection shall be not less than 75 percent.
(5) Guidelines
Not later than 180 days after November 23, 1988, the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under this subsection will have on the availability of other forms of assistance under this chapter.
(6) Definitions
For purposes of this section—
(A) Department of Defense
The term "Department of Defense" has the meaning the term "department" has under
(B) Emergency work
The term "emergency work" includes clearance and removal of debris and wreckage and temporary restoration of essential public facilities and services.
(d) Salaries and benefits
(1) In general
If the President declares a major disaster or emergency for an area within the jurisdiction of a State, tribal, or local government, the President may reimburse the State, tribal, or local government for costs relating to—
(A) basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if—
(i) the work is not typically performed by the employees; and
(ii) the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; 2 or
(B) overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section.
(2) Overtime
The guidelines for reimbursement for costs under paragraph (1) shall ensure that no State, tribal, or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 (
(3) No effect on mutual aid pacts
Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact.
(
References in Text
This chapter, referred to in subsecs. (a)(1) and (c)(1), (3), (5), was in the original "this Act", meaning
The Fair Labor Standards Act of 1938, referred to in subsec. (d)(2), is act June 25, 1938, ch. 676,
Prior Provisions
A prior section 403 of
Amendments
2018—Subsec. (a)(3)(J).
2013—Subsec. (d).
2006—Subsec. (a)(2), (3)(B).
Subsec. (a)(3)(J).
Effective Date of 2018 Amendment
Amendment by
1 So in original. The extra comma probably should follow "medicine".
§5170c. Hazard mitigation
(a) In general
The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster, or any area affected by a fire for which assistance was provided under
(b) Property acquisition and relocation assistance
(1) General authority
In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Emergency Management Agency may provide property acquisition and relocation assistance for projects that meet the requirements of paragraph (2).
(2) Terms and conditions
An acquisition or relocation project shall be eligible to receive assistance pursuant to paragraph (1) only if—
(A) the applicant for the assistance is otherwise eligible to receive assistance under the hazard mitigation grant program established under subsection (a); and
(B) on or after December 3, 1993, the applicant for the assistance enters into an agreement with the Administrator that provides assurances that—
(i) any property acquired, accepted, or from which a structure will be removed pursuant to the project will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices;
(ii) no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisition or relocation program other than—
(I) a public facility that is open on all sides and functionally related to a designated open space;
(II) a rest room; or
(III) a structure that the Administrator approves in writing before the commencement of the construction of the structure; and
(iii) after receipt of the assistance, with respect to any property acquired, accepted or from which a structure was removed under the acquisition or relocation program—
(I) no subsequent application for additional disaster assistance for any purpose will be made by the recipient to any Federal entity; and
(II) no assistance referred to in subclause (I) will be provided to the applicant by any Federal source.
(3) Statutory construction
Nothing in this subsection is intended to alter or otherwise affect an agreement for an acquisition or relocation project carried out pursuant to this section that was in effect on the day before December 3, 1993.
(c) Program administration by States
(1) In general
A State desiring to administer the hazard mitigation grant program established by this section with respect to hazard mitigation assistance in the State may submit to the President an application for the delegation of the authority to administer the program.
(2) Criteria
The President, in consultation and coordination with States and local governments, shall establish criteria for the approval of applications submitted under paragraph (1). Until such time as the Administrator promulgates regulations to implement this paragraph, the Administrator may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program. The criteria shall include, at a minimum—
(A) the demonstrated ability of the State to manage the grant program under this section;
(B) there being in effect an approved mitigation plan under
(C) a demonstrated commitment to mitigation activities.
(3) Approval
The President shall approve an application submitted under paragraph (1) that meets the criteria established under paragraph (2).
(4) Withdrawal of approval
If, after approving an application of a State submitted under paragraph (1), the President determines that the State is not administering the hazard mitigation grant program established by this section in a manner satisfactory to the President, the President shall withdraw the approval.
(5) Audits
The President shall provide for periodic audits of the hazard mitigation grant programs administered by States under this subsection.
(d) Streamlined procedures
(1) In general
For the purpose of providing assistance under this section, the President shall ensure that—
(A) adequate resources are devoted to ensure that applicable environmental reviews under the National Environmental Policy Act of 1969 [
(B) the shortest existing applicable process under the National Environmental Policy Act of 1969 [
(2) Authority for other expedited procedures
The President may utilize expedited procedures in addition to those required under paragraph (1) for the purpose of providing assistance under this section, such as procedures under the Prototype Programmatic Agreement of the Federal Emergency Management Agency, for the consideration of multiple structures as a group and for an analysis of the cost-effectiveness and fulfillment of cost-share requirements for proposed hazard mitigation measures.
(e) Advance assistance
The President may provide not more than 25 percent of the amount of the estimated cost of hazard mitigation measures to a State grantee eligible for a grant under this section before eligible costs are incurred.
(f) Use of assistance
Recipients of hazard mitigation assistance provided under this section and
(1) reseeding ground cover with quick-growing or native species;
(2) mulching with straw or chipped wood;
(3) constructing straw, rock, or log dams in small tributaries to prevent flooding;
(4) placing logs and other erosion barriers to catch sediment on hill slopes;
(5) installing debris traps to modify road and trail drainage mechanisms;
(6) modifying or removing culverts to allow drainage to flow freely;
(7) adding drainage dips and constructing emergency spillways to keep roads and bridges from washing out during floods;
(8) planting grass to prevent the spread of noxious weeds;
(9) installing warning signs;
(10) establishing defensible space measures;
(11) reducing hazardous fuels;
(12) mitigating windstorm damage, including replacing or installing electrical transmission or distribution utility pole structures with poles that are resilient to extreme wind and combined ice and wind loadings for the basic wind speeds and ice conditions associated with the relevant location;
(13) removing standing burned trees; and
(14) replacing water systems that have been burned and have caused contamination.
(g) Use of assistance for earthquake hazards
Recipients of hazard mitigation assistance provided under this section and
(1) improvements to regional seismic networks in support of building a capability for earthquake early warning;
(2) improvements to geodetic networks in support of building a capability for earthquake early warning; and
(3) improvements to seismometers, Global Positioning System receivers, and associated infrastructure in support of building a capability for earthquake early warning.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The National Environmental Policy Act of 1969, referred to in subsec. (d)(1), is
The National Historic Preservation Act, referred to in subsec. (d)(1), is
Prior Provisions
A prior section 404 of
Amendments
2018—Subsec. (a).
Subsec. (f).
Subsec. (g).
2013—Subsec. (c)(2).
Subsecs. (d), (e).
2011—Subsec. (b)(1), (2).
2006—Subsec. (a).
2003—Subsec. (a).
2000—Subsec. (a).
Subsec. (c).
1993—
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2013 Amendment
"(1) any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"(2) a major disaster or emergency declared under that Act before the date of enactment of this division for which the period for processing requests for assistance has not ended as of the date of enactment of this division."
Effective Date of 1993 Amendment
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
Funding of a Federally Authorized Water Resources Development Project
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) affect the cost-share requirement of a hazard mitigation measure under section 404;
"(B) affect the eligibility criteria for a hazard mitigation measure under section 404;
"(C) affect the cost share requirements of a federally authorized water resources development project; and
"(D) affect the responsibilities of a non-Federal interest with respect to the project, including those related to the provision of lands, easements, rights-of-way, dredge material disposal areas, and necessary relocations.
"(6)
Guidance on Hazard Mitigation Assistance
"(a)
"(1) a process by which the State hazard mitigation officer appointed for such an acquisition shall, not later than 60 days after the applicant for assistance enters into an agreement with the Administrator regarding the acquisition, provide written notification to each affected unit of local government for such acquisition that includes—
"(A) the location of the acquisition;
"(B) the State-local assistance agreement for the hazard mitigation grant program;
"(C) a description of the acquisition; and
"(D) a copy of the deed restriction; and
"(2) recommendations for entering into and implementing a memorandum of understanding between units of local government and covered entities that includes provisions to allow an affected unit of local government notified under paragraph (1) to—
"(A) use and maintain the open space created by such a project, consistent with section 404 [
"(B) maintain the open space pursuant to standards exceeding any local government standards defined in the agreement with the Administrator described under paragraph (1).
"(b)
"(1)
"(2)
"(A) the grantee or subgrantee receiving assistance for an open space project described in subsection (a);
"(B) the State in which such project is located; and
"(C) the applicable Regional Administrator of the Agency."
[For definition of "State" as used in section 1231 of
1 See References in Text note below.
§5171. Federal facilities
(a) Repair, reconstruction, restoration, or replacement of United States facilities
The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional committee approval.
(b) Availability of funds appropriated to agency for repair, reconstruction, restoration, or replacement of agency facilities
In order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose.
(c) Steps for mitigation of hazards
In implementing this section, Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, in accordance with standards prescribed by the President.
(
Prior Provisions
A prior section 405 of
§5172. Repair, restoration, and replacement of damaged facilities
(a) Contributions
(1) In general
The President may make contributions—
(A) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by the government; and
(B) subject to paragraph (3), to a person that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person.
(2) Associated expenses
For the purposes of this section, associated expenses shall include—
(A) the costs of mobilizing and employing the National Guard for performance of eligible work;
(B) the costs of using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging;
(C) base and overtime wages for the employees and extra hires of a State, local government, or person described in paragraph (1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster; and
(D) base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared.
(3) Conditions for assistance to private nonprofit facilities
(A) In general
The President may make contributions to a private nonprofit facility under paragraph (1)(B) only if—
(i) the facility provides critical services (as defined by the President) in the event of a major disaster; or
(ii) the owner or operator of the facility—
(I) has applied for a disaster loan under
(II)(aa) has been determined to be ineligible for such a loan; or
(bb) has obtained such a loan in the maximum amount for which the Small Business Administration determines the facility is eligible.
(B) Definition of critical services
In this paragraph, the term "critical services" includes power, water (including water provided by an irrigation organization or facility), sewer, wastewater treatment, communications (including broadcast and telecommunications), education, and emergency medical care.
(C) Religious facilities
A church, synagogue, mosque, temple, or other house of worship, educational facility, or any other private nonprofit facility, shall be eligible for contributions under paragraph (1)(B), without regard to the religious character of the facility or the primary religious use of the facility. No house of worship, educational facility, or any other private nonprofit facility may be excluded from receiving contributions under paragraph (1)(B) because leadership or membership in the organization operating the house of worship is limited to persons who share a religious faith or practice.
(4) Notification to Congress
Before making any contribution under this section in an amount greater than $20,000,000, the President shall notify—
(A) the Committee on Environment and Public Works of the Senate;
(B) the Committee on Transportation and Infrastructure of the House of Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of Representatives.
(b) Federal share
(1) Minimum Federal share
Except as provided in paragraph (2), the Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of repair, restoration, reconstruction, or replacement carried out under this section.
(2) Reduced Federal share
The President shall promulgate regulations to reduce the Federal share of assistance under this section to not less than 25 percent in the case of the repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an event associated with a major disaster—
(A) that has been damaged, on more than one occasion within the preceding 10-year period, by the same type of event; and
(B) the owner of which has failed to implement appropriate mitigation measures to address the hazard that caused the damage to the facility.
(3) Increased Federal share
(A) Incentive measures
The President may provide incentives to a State or Tribal government to invest in measures that increase readiness for, and resilience from, a major disaster by recognizing such investments through a sliding scale that increases the minimum Federal share to 85 percent. Such measures may include—
(i) the adoption of a mitigation plan approved under
(ii) investments in disaster relief, insurance, and emergency management programs;
(iii) encouraging the adoption and enforcement of 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;
(iv) facilitating participation in the community rating system; and
(v) funding mitigation projects or granting tax incentives for projects that reduce risk.
(B) Comprehensive guidance
Not later than 1 year after February 9, 2018, the President, acting through the Administrator, shall issue comprehensive guidance to State and Tribal governments regarding the measures and investments, weighted appropriately based on actuarial assessments of eligible actions, that will be recognized for the purpose of increasing the Federal share under this section. Guidance shall ensure that the agency's review of eligible measures and investments does not unduly delay determining the appropriate Federal cost share.
(C) Report
One year after the issuance of the guidance required by subparagraph (B), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis of the Federal cost shares paid under this section.
(D) Savings clause
Nothing in this paragraph prevents the President from increasing the Federal cost share above 85 percent.
(c) Large in-lieu contributions
(1) For public facilities
(A) In general
In any case in which a State or local government determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled by the State or local government, the State or local government may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.
(B) Use of funds
Funds contributed to a State or local government under this paragraph may be used—
(i) to repair, restore, or expand other selected public facilities;
(ii) to construct new facilities; or
(iii) to fund hazard mitigation measures that the State or local government determines to be necessary to meet a need for governmental services and functions in the area affected by the major disaster.
(C) Limitations
Funds made available to a State or local government under this paragraph may not be used for—
(i) any public facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or
(ii) any uninsured public facility located in a special flood hazard area identified by the Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (
(2) For private nonprofit facilities
(A) In general
In any case in which a person that owns or operates a private nonprofit facility determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the person may elect to receive, in lieu of a contribution under subsection (a)(1)(B), a contribution in an amount equal to the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.
(B) Use of funds
Funds contributed to a person under this paragraph may be used—
(i) to repair, restore, or expand other selected private nonprofit facilities owned or operated by the person;
(ii) to construct new private nonprofit facilities to be owned or operated by the person; or
(iii) to fund hazard mitigation measures that the person determines to be necessary to meet a need for the person's services and functions in the area affected by the major disaster.
(C) Limitations
Funds made available to a person under this paragraph may not be used for—
(i) any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or
(ii) any uninsured private nonprofit facility located in a special flood hazard area identified by the Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (
(d) Flood insurance
(1) Reduction of Federal assistance
If a public facility or private nonprofit facility located in a special flood hazard area identified for more than 1 year by the Administrator pursuant to the National Flood Insurance Act of 1968 (
(2) Amount of reduction
The amount of a reduction in Federal assistance under this section with respect to a facility shall be the lesser of—
(A) the value of such facility on the date of the flood damage or destruction, or
(B) the maximum amount of insurance proceeds which would have been payable with respect to such facility if such facility had been covered by flood insurance under the National Flood Insurance Act of 1968 on such date.
(3) Exception
Paragraphs (1) and (2) shall not apply to a private nonprofit facility which is not covered by flood insurance solely because of the local government's failure to participate in the flood insurance program established by the National Flood Insurance Act.
(4) Dissemination of information
The President shall disseminate information regarding the reduction in Federal assistance provided for by this subsection to State and local governments and the owners and operators of private nonprofit facilities who may be affected by such a reduction.
(e) Eligible cost
(1) Determination
(A) In general
For the purposes of this section, for disasters declared on or after August 1, 2017, or a disaster in which a cost estimate has not yet been finalized for a project, or for any project for which the finalized cost estimate is on appeal, the President shall estimate the eligible cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility—
(i) on the basis of the design of the facility as the facility existed immediately before the major disaster;
(ii) in conformity with 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 purposes of protecting the health, safety, and general welfare of a facility's users against disasters (including floodplain management and hazard mitigation criteria required by the President or under the Coastal Barrier Resources Act (
(iii) in a manner that allows the facility to meet the definition of resilient developed pursuant to this subsection.
(B) Cost estimation procedures
(i) In general
Subject to paragraph (2), the President shall use the cost estimation procedures established under paragraph (3) to determine the eligible cost under this subsection.
(ii) Applicability
The procedures specified in this paragraph and paragraph (2) shall apply only to projects the eligible cost of which is equal to or greater than the amount specified in
(C) Contributions
Contributions for the eligible cost made under this section may be provided on an actual cost basis or on cost-estimation procedures.
(2) Modification of eligible cost
(A) Actual cost greater than ceiling percentage of estimated cost
In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is greater than the ceiling percentage established under paragraph (3) of the cost estimated under paragraph (1), the President may determine that the eligible cost includes a portion of the actual cost of the repair, restoration, reconstruction, or replacement that exceeds the cost estimated under paragraph (1).
(B) Actual cost less than estimated cost
(i) Greater than or equal to floor percentage of estimated cost
In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than 100 percent of the cost estimated under paragraph (1), but is greater than or equal to the floor percentage established under paragraph (3) of the cost estimated under paragraph (1), the State or local government or person receiving funds under this section shall use the excess funds to carry out cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster.
(ii) Less than floor percentage of estimated cost
In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than the floor percentage established under paragraph (3) of the cost estimated under paragraph (1), the State or local government or person receiving assistance under this section shall reimburse the President in the amount of the difference.
(C) No effect on appeals process
Nothing in this paragraph affects any right of appeal under
(3) Expert panel
(A) Establishment
Not later than 18 months after October 30, 2000, the President, acting through the Administrator of the Federal Emergency Management Agency, shall establish an expert panel, which shall include representatives from the construction industry and State and local government.
(B) Duties
The expert panel shall develop recommendations concerning—
(i) procedures for estimating the cost of repairing, restoring, reconstructing, or replacing a facility consistent with industry practices; and
(ii) the ceiling and floor percentages referred to in paragraph (2).
(C) Regulations
Taking into account the recommendations of the expert panel under subparagraph (B), the President shall promulgate regulations that establish—
(i) cost estimation procedures described in subparagraph (B)(i); and
(ii) the ceiling and floor percentages referred to in paragraph (2).
(D) Review by President
Not later than 2 years after the date of promulgation of regulations under subparagraph (C) and periodically thereafter, the President shall review the cost estimation procedures and the ceiling and floor percentages established under this paragraph.
(E) Report to Congress
Not later than 1 year after the date of promulgation of regulations under subparagraph (C), 3 years after that date, and at the end of each 2-year period thereafter, the expert panel shall submit to Congress a report on the appropriateness of the cost estimation procedures.
(4) Special rule
In any case in which the facility being repaired, restored, reconstructed, or replaced under this section was under construction on the date of the major disaster, the cost of repairing, restoring, reconstructing, or replacing the facility shall include, for the purposes of this section, only those costs that, under the contract for the construction, are the owner's responsibility and not the contractor's responsibility.
(5) New rules
(A) In general
Not later than 18 months after October 5, 2018, the President, acting through the Administrator of the Federal Emergency Management Agency, and in consultation with the heads of relevant Federal departments and agencies, shall issue a final rulemaking that defines the terms "resilient" and "resiliency" for purposes of this subsection.
(B) Interim guidance
Not later than 60 days after October 5, 2018, the Administrator shall issue interim guidance to implement this subsection. Such interim guidance shall expire 18 months after October 5, 2018, or upon issuance of final regulations pursuant to subparagraph (A), whichever occurs first.
(C) Guidance
Not later than 90 days after the date on which the Administrator issues the final rulemaking under this paragraph, the Administrator shall issue any necessary guidance related to the rulemaking.
(D) Report
Not later than 2 years after October 5, 2018, the Administrator shall submit to Congress a report summarizing the regulations and guidance issued pursuant to this paragraph.
(
References in Text
This chapter, referred to in subsecs. (b)(3)(A)(iii) and (e)(1)(A)(ii), was in the original "this Act", meaning
The National Flood Insurance Act of 1968, referred to in subsecs. (c)(1)(C)(ii), (2)(C)(ii) and (d)(1), (2)(B), is title XIII of
The National Flood Insurance Act, referred to in subsec. (d)(3), probably means the National Flood Insurance Act of 1968. See above.
The Coastal Barrier Resources Act, referred to in subsec. (e)(1)(A)(ii), is
Prior Provisions
A prior section 5172,
A prior section 406 of
Amendments
2018—Subsec. (a)(2)(D).
Subsec. (a)(3)(C).
Subsec. (b)(3).
Subsec. (c)(1)(A).
Subsec. (c)(2)(A).
Subsec. (d)(1).
Subsec. (e)(1)(A).
Subsec. (e)(1)(A)(i).
Subsec. (e)(1)(A)(ii).
Subsec. (e)(1)(A)(iii).
Subsec. (e)(1)(C).
Subsec. (e)(5).
2015—Subsec. (a)(3)(B).
2011—Subsecs. (c)(1)(C)(ii), (2)(C)(ii), (d)(1), (e)(3)(A).
2006—Subsec. (a)(3)(B).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B) to (D).
2000—Subsec. (a).
"(1) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility which is damaged or destroyed by a major disaster and for associated expenses incurred by such government; and
"(2) to a person who owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of such facility and for associated expenses incurred by such person."
Subsec. (b).
"(1) 75 percent of the net eligible cost of repair, restoration, reconstruction, or replacement carried out under this section;
"(2) 100 percent of associated expenses described in subsections (f)(1) and (f)(2) of this section; and
"(3) 75 percent of associated expenses described in subsections (f)(3), (f)(4), and (f)(5) of this section."
Subsec. (c).
Subsec. (e).
"(1)
"(2)
Subsec. (f).
Effective Date of 2018 Amendment
Amendment by
Amendment by section 20604(b) of
Effective Date of 2000 Amendment
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
Guidance on Inundated and Submerged Roads
[For definition of "State" as used in section 1228 of
Guidance and Recommendations
"(a)
"(b)
"(c)
Post-Disaster Building Safety Assessment
"(a)
"(1)
"(2)
"(b)
"(c)
[For definition of "State" as used in section 1241 of
Review of Assistance for Damaged Underground Water Infrastructure
"(a)
"(b)
"(1) conduct a review of the assessment and eligibility process under the public assistance grant program with respect to assistance provided for damaged underground water infrastructure as a result of a major disaster declared under section 401 of such Act (
"(2) provide 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 briefing on the review conducted under paragraph (1).
"(c)
"(1) not later than 180 days after the date of enactment of this Act, issue a report on the review conducted under subsection (b)(1); and
"(2) not later than 180 days after the date on which the Administrator issues the report required under paragraph (1), initiate a rulemaking, if appropriate, to address any recommendations contained in the report."
[For definition of "State" as used in section 1245 of
§5173. Debris removal
(a) Presidential authority
The President, whenever he determines it to be in the public interest, is authorized—
(1) through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; and
(2) to make grants to any State or local government or owner or operator of a private nonprofit facility for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters.
(b) Authorization by State or local government; indemnification agreement
No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the Federal Government against any claim arising from such removal.
(c) Rules relating to large lots
The President shall issue rules which provide for recognition of differences existing among urban, suburban, and rural lands in implementation of this section so as to facilitate adequate removal of debris and wreckage from large lots.
(d) Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of debris and wreckage removal carried out under this section.
(e) Expedited payments
(1) Grant assistance
In making a grant under subsection (a)(2), the President shall provide not less than 50 percent of the President's initial estimate of the Federal share of assistance as an initial payment in accordance with paragraph (2).
(2) Date of payment
Not later than 60 days after the date of the estimate described in paragraph (1) and not later than 90 days after the date on which the State or local government or owner or operator of a private nonprofit facility applies for assistance under this section, an initial payment described in paragraph (1) shall be paid.
(
Prior Provisions
A prior section 407 of
Amendments
2006—Subsec. (e).
1988—Subsec. (a)(2).
Subsecs. (c), (d).
§5174. Federal assistance to individuals and households
(a) In general
(1) Provision of assistance
In accordance with this section, the President, in consultation with the Governor of a State, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who, as a direct result of a major disaster, have necessary expenses and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other means.
(2) Relationship to other assistance
Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) solely on the basis that the individual or household has not applied for or received any loan or other financial assistance from the Small Business Administration or any other Federal agency.
(b) Housing assistance
(1) Eligibility
The President may provide financial or other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their predisaster primary residences or whose predisaster primary residences are rendered uninhabitable, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a major disaster.
(2) Determination of appropriate types of assistance
(A) In general
The President shall determine appropriate types of housing assistance to be provided under this section to individuals and households described in subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and such other factors as the President may consider appropriate.
(B) Multiple types of assistance
One or more types of housing assistance may be made available under this section, based on the suitability and availability of the types of assistance, to meet the needs of individuals and households in the particular disaster situation.
(c) Types of housing assistance
(1) Temporary housing
(A) Financial assistance
(i) In general
The President may provide financial assistance to individuals or households to rent alternate housing accommodations, existing rental units, manufactured housing, recreational vehicles, or other readily fabricated dwellings. Such assistance may include the payment of the cost of utilities, excluding telephone service.
(ii) Amount
The amount of assistance under clause (i) shall be based on the fair market rent for the accommodation provided plus the cost of any transportation, utility hookups, security deposits, or unit installation not provided directly by the President.
(B) Direct assistance
(i) In general
The President may provide temporary housing units, acquired by purchase or lease, directly to individuals or households who, because of a lack of available housing resources, would be unable to make use of the assistance provided under subparagraph (A).
(ii) Lease and repair of rental units for temporary housing
(I) In general
The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may—
(aa) enter into lease agreements with owners of multifamily rental property impacted by a major disaster or located in areas covered by a major disaster declaration to house individuals and households eligible for assistance under this section; and
(bb) make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.
(II) Improvements or repairs
Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs shall be deducted from the value of the lease agreement.
(iii) Period of assistance
The President may not provide direct assistance under clause (i) with respect to a major disaster after the end of the 18-month period beginning on the date of the declaration of the major disaster by the President, except that the President may extend that period if the President determines that due to extraordinary circumstances an extension would be in the public interest.
(iv) Collection of rental charges
After the end of the 18-month period referred to in clause (iii), the President may charge fair market rent for each temporary housing unit provided.
(2) Repairs
(A) In general
The President may provide financial assistance for—
(i) the repair of owner-occupied private residences, utilities, and residential infrastructure (such as a private access route) damaged by a major disaster to a safe and sanitary living or functioning condition; and
(ii) eligible hazard mitigation measures that reduce the likelihood of future damage to such residences, utilities, or infrastructure.
(B) Relationship to other assistance
A recipient of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means, except insurance proceeds.
(3) Replacement
(A) In general
The President may provide financial assistance for the replacement of owner-occupied private residences damaged by a major disaster.
(B) Applicability of flood insurance requirement
With respect to assistance provided under this paragraph, the President may not waive any provision of Federal law requiring the purchase of flood insurance as a condition of the receipt of Federal disaster assistance.
(4) Permanent housing construction
The President may provide financial assistance or direct assistance to individuals or households to construct permanent or semi-permanent housing in insular areas outside the continental United States and in other locations in cases in which—
(A) no alternative housing resources are available; and
(B) the types of temporary housing assistance described in paragraph (1) are unavailable, infeasible, or not cost-effective.
(d) Terms and conditions relating to housing assistance
(1) Sites
(A) In general
Any readily fabricated dwelling provided under this section shall, whenever practicable, be located on a site that—
(i) is complete with utilities;
(ii) meets the physical accessibility requirements for individuals with disabilities; and
(iii) is provided by the State or local government, by the owner of the site, or by the occupant who was displaced by the major disaster.
(B) Sites provided by the President
A readily fabricated dwelling may be located on a site provided by the President if the President determines that such a site would be more economical or accessible.
(2) Disposal of units
(A) Sale to occupants
(i) In general
Notwithstanding any other provision of law, a temporary housing unit purchased under this section by the President for the purpose of housing disaster victims may be sold directly to the individual or household who is occupying the unit if the individual or household lacks permanent housing.
(ii) Sale price
A sale of a temporary housing unit under clause (i) shall be at a price that is fair and equitable.
(iii) Deposit of proceeds
Notwithstanding any other provision of law, the proceeds of a sale under clause (i) shall be deposited in the appropriate Disaster Relief Fund account.
(iv) Hazard and flood insurance
A sale of a temporary housing unit under clause (i) shall be made on the condition that the individual or household purchasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit.
(v) Use of GSA services
The President may use the services of the General Services Administration to accomplish a sale under clause (i).
(B) Other methods of disposal
If not disposed of under subparagraph (A), a temporary housing unit purchased under this section by the President for the purpose of housing disaster victims—
(i) may be sold to any person; or
(ii) may be sold, transferred, donated, or otherwise made available directly to a State or other governmental entity or to a voluntary organization for the sole purpose of providing temporary housing to disaster victims in major disasters and emergencies if, as a condition of the sale, transfer, or donation, the State, other governmental agency, or voluntary organization agrees—
(I) to comply with the nondiscrimination provisions of
(II) to obtain and maintain hazard and flood insurance on the housing unit.
(e) Financial assistance to address other needs
(1) Medical, dental, child care, and funeral expenses
The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or household in the State who is adversely affected by a major disaster to meet disaster-related medical, dental, child care, and funeral expenses.
(2) Personal property, transportation, and other expenses
The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or household described in paragraph (1) to address personal property, transportation, and other necessary expenses or serious needs resulting from the major disaster.
(f) State role
(1) State- or Indian tribal government-administered assistance and other needs assistance
(A) Grant to State
Subject to subsection (g), a Governor may request a grant from the President to provide assistance to individuals and households in the State under subsections (c)(1)(B), (c)(4), and (e) if the President and the State or Indian tribal government comply, as determined by the Administrator, with paragraph (3).
(B) Administrative costs
A State that receives a grant under subparagraph (A) may expend not more than 5 percent of the amount of the grant for the administrative costs of providing assistance to individuals and households in the State under subsections (c)(1)(B), (c)(4), and (e).
(2) Access to records
In providing assistance to individuals and households under this section, the President shall provide for the substantial and ongoing involvement of the States in which the individuals and households are located, including by providing to the States access to the electronic records of individuals and households receiving assistance under this section in order for the States to make available any additional State and local assistance to the individuals and households.
(3) Requirements
(A) Application
A State or Indian tribal government desiring to provide assistance under subsection (c)(1)(B), (c)(4), or (e) shall submit to the President an application for a grant to provide financial assistance under the program.
(B) Criteria
The President, in consultation and coordination with State and Indian tribal governments, shall establish criteria for the approval of applications submitted under subparagraph (A). The criteria shall include, at a minimum—
(i) a requirement that the State or Indian tribal government submit a housing strategy under subparagraph (C);
(ii) the demonstrated ability of the State or Indian tribal government to manage the program under this section;
(iii) there being in effect a plan approved by the President as to how the State or Indian tribal government will comply with applicable Federal laws and regulations and how the State or Indian tribal government will provide assistance under its plan;
(iv) a requirement that the State or Indian tribal government comply with rules and regulations established pursuant to subsection (j); and
(v) a requirement that the President, or the designee of the President, comply with subsection (i).
(C) Requirement of housing strategy
(i) In general
A State or Indian tribal government submitting an application under this paragraph shall have an approved housing strategy, which shall be developed and submitted to the President for approval.
(ii) Requirements
The housing strategy required under clause (i) shall—
(I) outline the approach of the State in working with Federal partners, Indian tribal governments, local communities, nongovernmental organizations, and individual disaster survivors to meet disaster-related sheltering and housing needs; and
(II) include the establishment of an activation plan for a State Disaster Housing Task Force, as outlined in the National Disaster Housing Strategy, to bring together State, tribal, local, Federal, nongovernmental, and private sector expertise to evaluate housing requirements, consider potential solutions, recognize special needs populations, and propose recommendations.
(D) Quality assurance
Before approving an application submitted under this section, the President, or the designee of the President, shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement for this program and for programs under subsections (c)(1)(B), (c)(4), and (e). The President shall monitor and conduct quality assurance activities on a State or Indian tribal government's implementation of programs under subsections (c)(1)(B), (c)(4), and (e). If, after approving an application of a State or Indian tribal government submitted under this paragraph, the President determines that the State or Indian tribal government is not administering the program established by this section in a manner satisfactory to the President, the President shall withdraw the approval.
(E) Audits
The Inspector General of the Department of Homeland Security shall provide for periodic audits of the programs administered by States and Indian tribal governments under this subsection.
(F) Applicable laws
All Federal laws applicable to the management, administration, or contracting of the programs by the Federal Emergency Management Agency under this section shall be applicable to the management, administration, or contracting by a non-Federal entity under this section.
(G) Report on effectiveness
Not later than 18 months after October 5, 2018, the Inspector General of the Department of Homeland Security shall submit a report to 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 State or Indian tribal government's role to provide assistance under this section. The report shall contain an assessment of the effectiveness of the State or Indian tribal government's role in providing assistance under this section, including—
(i) whether the State or Indian tribal government's role helped to improve the general speed of disaster recovery;
(ii) whether the State or Indian tribal government providing assistance under this section had the capacity to administer this section; and
(iii) recommendations for changes to improve the program if the State or Indian tribal government's role to administer the programs should be continued.
(H) Report on incentives
Not later than 12 months after October 5, 2018, the Administrator of the Federal Emergency Management Agency shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on a potential incentive structure for awards made under this section to encourage participation by eligible States and Indian tribal governments. In developing this report, the Administrator of the Federal Emergency Management Agency shall consult with State, local, and Indian tribal entities to gain their input on any such incentive structure to encourage participation and shall include this information in the report. This report should address, among other options, potential adjustments to the cost-share requirement and management costs to State and Indian tribal governments.
(I) Prohibition
The President may not condition the provision of Federal assistance under this chapter on a State or Indian tribal government requesting a grant under this section.
(J) Miscellaneous
(i) Notice and comment
The Administrator of the Federal Emergency Management Agency may waive notice and comment rulemaking with respect to rules to carry out this section, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program until such regulations are promulgated.
(ii) Final rule
Not later than 2 years after October 5, 2018, the Administrator of the Federal Emergency Management Agency shall issue final regulations to implement this subsection as amended by the Disaster Recovery Reform Act of 2018.
(iii) Waiver and expiration
The authority under clause (i) and any pilot program implemented pursuant to such clause shall expire 2 years after October 5, 2018, or upon issuance of final regulations pursuant to clause (ii), whichever occurs sooner.
(g) Cost sharing
(1) Federal share
Except as provided in paragraph (2), the Federal share of the costs eligible to be paid using assistance provided under this section shall be 100 percent.
(2) Financial assistance to address other needs
In the case of financial assistance provided under subsection (e)—
(A) the Federal share shall be 75 percent; and
(B) the non-Federal share shall be paid from funds made available by the State.
(h) Maximum amount of assistance
(1) In general
No individual or household shall receive financial assistance greater than $25,000 under this section with respect to a single major disaster, excluding financial assistance to rent alternate housing accommodations under subsection (c)(1)(A)(i) and financial assistance to address other needs under subsection (e).
(2) Other needs assistance
The maximum financial assistance any individual or household may receive under subsection (e) shall be equivalent to the amount set forth in paragraph (1) with respect to a single major disaster.
(3) Adjustment of limit
The limit established under paragraphs (1) and (2) shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
(4) Exclusion of necessary expenses for individuals with disabilities
(A) In general
The maximum amount of assistance established under paragraph (1) shall exclude expenses to repair or replace damaged accessibility-related improvements under paragraphs (2), (3), and (4) of subsection (c) for individuals with disabilities.
(B) Other needs assistance
The maximum amount of assistance established under paragraph (2) shall exclude expenses to repair or replace accessibility-related personal property under subsection (e)(2) for individuals with disabilities.
(i) Verification measures
In carrying out this section, the President shall develop a system, including an electronic database, that shall allow the President, or the designee of the President, to—
(1) verify the identity and address of recipients of assistance under this section to provide reasonable assurance that payments are made only to an individual or household that is eligible for such assistance;
(2) minimize the risk of making duplicative payments or payments for fraudulent claims under this section;
(3) collect any duplicate payment on a claim under this section, or reduce the amount of subsequent payments to offset the amount of any such duplicate payment;
(4) provide instructions to recipients of assistance under this section regarding the proper use of any such assistance, regardless of how such assistance is distributed; and
(5) conduct an expedited and simplified review and appeal process for an individual or household whose application for assistance under this section is denied.
(j) Rules and regulations
The President shall prescribe rules and regulations to carry out this section, including criteria, standards, and procedures for determining eligibility for assistance.
(
References in Text
This chapter, referred to in subsec. (f)(3)(I), was in the original "this Act", meaning
The Disaster Recovery Reform Act of 2018, referred to in subsec. (f)(3)(J)(ii), is div. D of
Prior Provisions
A prior section 5174,
A prior section 408 of
Amendments
2018—Subsec. (c)(1)(B)(ii)(I)(aa).
Subsec. (c)(1)(B)(ii)(II).
Subsec. (f)(1).
Subsec. (f)(1)(A).
Subsec. (f)(1)(B).
Subsec. (f)(3).
Subsec. (h)(1).
Subsec. (h)(2), (3).
Subsec. (h)(4).
2013—Subsec. (c)(1)(B)(ii) to (iv).
Subsec. (e)(1).
2006—Subsec. (b)(1).
Subsec. (c)(1)(A)(i).
Subsec. (c)(1)(A)(ii).
Subsec. (c)(2)(C).
Subsec. (c)(3)(B), (C).
Subsec. (c)(4).
Subsec. (d)(1)(A)(ii), (iii).
Subsecs. (i), (j).
2000–
Effective Date of 2018 Amendment
Amendment by