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Robert
T. Stafford Disaster Relief and Emergency Assistance Act, as
amended by Public Law 106-390, October 30, 2000
UNITED
STATES CODE
Title
42. THE PUBLIC HEALTH AND WELFARE
CHAPTER
68. DISASTER RELIEF
[As
amended by Pub. L. 103-181, Pub. L. 103-337, and Pub. L.
106-390]
(Pub.
L. 106-390, October 30, 2000, 114 Stat. 1552 - 1575)
Findings, Declarations And
Definitions
5121. CONGRESSIONAL FINDINGS AND DECLARATIONS
{Sec. 101}
The Congress hereby finds and
declares that--
because disasters often cause
loss of life, human suffering, loss of income, and property loss
and damage; and
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.
It is the intent of the
Congress, by this Act, 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--
revising and broadening the
scope of existing disaster relief programs;
encouraging the development of
comprehensive disaster preparedness and assistance plans,
programs, capabilities, and organizations by the States and by
local governments;
achieving greater coordination
and responsiveness of disaster preparedness and relief programs;
encouraging individuals,
States, and local governments to protect themselves by obtaining
insurance coverage to supplement or replace governmental
assistance;
encouraging hazard mitigation
measures to reduce losses from disasters, including development
of land use and construction regulations; and
providing Federal assistance
programs for both public and private losses sustained in
disasters [.]
(Pub. L. 93-288, title I, §
101, May 22, 1974, 88 Stat. 143; Nov. 23, 1988, Pub. L. 100-707,
title I, § 103(a), 102 Stat. 4689.)
DELEGATION OF FUNCTIONS
Section 102(b) of title I of Pub.
L. 100-707 provided that: "Whenever any reference is made in
any law (other than this Act [see Tables for classification]),
regulation, document, rule, record, or other paper of the United
States to a section or provision of the Disaster Relief Act
of 1974 [former short title of Pub. L. 93-288], such reference
shall be deemed to be a reference to such section or
provision of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act [Pub. L. 93-288, see Short title note above].
Notes added to §5121 by the U.S. Code
codifiers of Pub.L. 106-390:
SECTION 1. SHORT TITLE; TABLE OF
CONTENTS.
SHORT TITLE.-This Act may be
cited as the “Disaster Mitigation Act of 2000".
SEC. 208. REPORT ON STATE
MANAGEMENT OF SMALL DISASTERS INITIATIVE.
Not later than 3 years after the
date of enactment of this Act [October 30, 2000], the President
shall submit to Congress a report describing the results of the
State Management of Small Disasters Initiative, including:
identification of any
administrative or financial benefits of the initiative; and
recommendations concerning the
conditions, if any, under which States should be allowed the
option to administer parts of the assistance program under
section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172).
[Pub.L. 106-390, § 208, 114
Stat. 1571]
SEC. 209. STUDY REGARDING COST
REDUCTION.
Not later than 3 years after the
date of enactment of this Act, the Director of the Congressional
Budget Office shall complete a study estimating the reduction in
Federal disaster assistance that has resulted and is likely to
result from the enactment of this Act.
[Pub.L. 106-390, § 209, 114
Stat. 1571]
SEC. 301. TECHNICAL CORRECTION OF
SHORT TITLE.
The first section of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 note) is amended to read as follows:
"SECTION 1. SHORT TITLE.
"This Act may be cited as
the ‘Robert T. Stafford Disaster Relief and Emergency
Assistance Act'.".
[Pub.L. 106-390, § 1(a), 114
Stat. 1552]
SEC. 308. STUDY OF PARTICIPATION
BY INDIAN TRIBES IN EMERGENCY MANAGEMENT.
Definition of Indian Tribe.--In
this section, the term “Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
Study.--
In general.--The Director of
the Federal Emergency Management Agency shall conduct a study of
participation by Indian tribes in emergency management.
Required elements.--The study
shall--
survey participation by Indian
tribes in training, predisaster and postdisaster mitigation,
disaster preparedness, and disaster recovery programs at the
Federal and State levels; and
review and assess the capacity
of Indian tribes to participate in cost-shared emergency
management programs and to participate in the management of the
programs.
Consultation.--In conducting
the study, the Director shall consult with Indian tribes.
Report.--Not later than 1 year
after the date of enactment of this Act, the Director shall
submit a report on the study under subsection (b) to--
the Committee on Environment
and Public Works of the Senate;
the Committee on Transportation
and Infrastructure of the House of Representatives;
the Committee on Appropriations
of the Senate; and the Committee on Appropriations of the House
of Representatives.
[Pub. L. 106-390, § 308,
October 30, 2000, 114 Stat. 1575]
5122. DEFINITIONS {Sec. 102}
As used in this chapter--
EMERGENCY. "Emergency"
means any occasion or instance for which, in the determination of
the President, Federal assistance is needed to supplement State
and local efforts and capabilities to save lives and to protect
property and public health and safety, or to lessen or avert the
threat of a catastrophe in any part of the United States.
MAJOR DISASTER. "Major
disaster" means any natural catastrophe (including any
hurricane, tornado, storm, high water, winddriven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, or drought), or, regardless of cause, any
fire, flood, or explosion, in any part of the United States,
which in the determination of the President causes damage of
sufficient severity and magnitude to warrant major disaster
assistance under this Act to supplement the efforts and available
resources of States, local governments, and disaster relief
organizations in alleviating the damage, loss, hardship, or
suffering caused thereby.
"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.
"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.
"Governor" means the
chief executive of any State.
Local government.--The term
‘local government' means-
a county, municipality, city,
town, township, 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;
an Indian tribe or authorized
tribal organization, or Alaska Native village or organization;
and
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.
"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.
PUBLIC FACILITY. "Public
facility" means the following facilities owned by a State or
local government:
Any flood control, navigation,
irrigation, reclamation, public power, sewage treatment and
collection, water supply and distribution, watershed
development, or airport facility.
Any non-Federal-aid street,
road, or highway.
Any other public building,
structure, or system, including those used for educational,
recreational, or cultural purposes.
Any park.
PRIVATE NONPROFIT FACILITY.
"Private nonprofit facility" means private nonprofit
educational, utility, irrigation, emergency, medical,
rehabilitational, and temporary or permanent custodial care
facilities (including those for the aged and disabled), other
private nonprofit facilities which provide essential services of
a governmental nature to the general public, and facilities on
Indian reservations as defined by the President.
(Pub.
L. 93-288, title I, § 102, May 22, 1974, 88 Stat. 144; Pub.
L. 100-707, title I, § 103(b)-(d), (f), Nov. 23, 1988, 102
Stat. 4689, 4690.) (As amended Feb. 24, 1992, Pub. L. 102-247,
title II, § 205, 106 Stat. 38.)
(Pub.
L. 106-390, § 302, October 30, 2000, 114 Stat. 1572)
Title II--Disaster
Preparedness And Mitigation Assistance
5131. FEDERAL AND STATE DISASTER PREPAREDNESS
PROGRAMS {Sec. 201}
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--
preparation of disaster
preparedness plans for mitigation, warning, emergency
operations, rehabilitation, and recovery;
training and exercises;
postdisaster critiques and
evaluations;
annual review of programs;
coordination of Federal, State,
and local preparedness programs;
application of science and
technology;
research.
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 damages or destroyed public and
private facilities.
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 the date of enactment of this
Act [enacted 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--
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
include provisions for
appointment and training of appropriate staffs, formulation of
necessary regulations and procedures and conduct of required
exercises.
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.
(Pub.
L. 93-288, title II, § 201, May 22, 1974, 88 Stat. 145; Pub.
L. 100-707, title I, § 104, Nov. 23, 1988, 102 Stat. 4690.)
5132. DISASTER WARNINGS {Sec. 202}
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.
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.
Warnings
to governmental authorities and public endangered by
disaster
The
President is authorized to utilize or to make available to
Federal, State, and local agencies the facilities of the civil
defense communications system established and maintained pursuant
to section 201(c) of the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App 2281(c)), section 611(c) of this Act, or
any other Federal communications system for the purpose of
providing warning to governmental authorities and the civilian
population in areas endangered by disasters. [§ 3412(b),
Pub. L. 103-337, Oct. 5, 1994] [Reference to § 611(c) is
incorrect; probably should be § 611(d). Technical correction
needed]
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.
(Pub.
L. 93-288, title II, § 202, May 22, 1974, 88 Stat. 145.)
5133. PREDISASTER HAZARD MITIGATION. {Sec.
203}
Note to
users: Section 102 of the Disaster Mitigation Act of 2000, added
Sec. 203 (a) - (j), Predisaster Hazard Mitigation, which
authorizes a predisaster hazard mitigation program that will not
be in effect until FEMA publishes implementing regulations.
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.
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.
Approval by President.--If the
President determines that a State or local government has
identified natural disaster hazards in areas under its
jurisdiction and has demonstrated the ability to form effective
public-private natural disaster hazard mitigation partnerships,
the President, using amounts in the National Predisaster
Mitigation Fund established under subsection (i) (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).
State Recommendations.-
In general.-
Recommendations.--The Governor
of each State may recommend to the President not fewer than 5
local governments to receive assistance under this section.
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.
Criteria.--In making
recommendations under subparagraph (A), a Governor shall
consider the criteria specified in subsection (g).
Use.-
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.
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.
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.
Uses
of Technical and Financial Assistance.-
In general.--Technical and
financial assistance provided under this section-
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
may be used-
to support effective
public-private natural disaster hazard mitigation
partnerships;
to improve the assessment of
a community's vulnerability to natural hazards; or
to establish hazard
mitigation priorities, and an appropriate hazard mitigation
plan, for a community.
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.
Allocation
of Funds.--The
amount of financial assistance made available to a State
(including amounts made available to local governments of the
State) under this section for a fiscal year-
shall be not less than the
lesser of-
$500,000; or
the amount that is equal to
1.0 percent of the total funds appropriated to carry out this
section for the fiscal year;
shall not exceed 15 percent of
the total funds described in paragraph (1)(B); and (3) shall be
subject to the criteria specified in subsection (g).
Criteria
for Assistance Awards.--In
determining whether to provide technical and financial assistance
to a State or local government under this section, the President
shall take into account-
the extent and nature of the
hazards to be mitigated;
the degree of commitment of the
State or local government to reduce damages from future natural
disasters;
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;
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;
the extent to which the
technical and financial assistance is consistent with other
assistance provided under this Act;
the extent to which
prioritized, cost-effective mitigation activities that produce
meaningful and definable outcomes are clearly identified;
if the State or local
government has submitted a mitigation plan under section 322,
the extent to which the activities identified under paragraph
(6) are consistent with the mitigation plan;
the opportunity to fund
activities that maximize net benefits to society;
the extent to which assistance
will fund mitigation activities in small impoverished
communities; and
such other criteria as the
President establishes in consultation with State and local
governments.
Federal Share.-
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.
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.
National Predisaster Mitigation
Fund.-
Establishment.--The President
may establish in the Treasury of the United States a fund to be
known as the ‘National Predisaster Mitigation Fund', to be
used in carrying out this section.
Transfers to fund.--There shall
be deposited in the Fund-
amounts appropriated to carry
out this section, which shall remain available until expended;
and
sums available from gifts,
bequests, or donations of services or property received by the
President for the purpose of predisaster hazard mitigation.
Expenditures from fund.--Upon
request by the President, the Secretary of the Treasury shall
transfer from the Fund to the President such amounts as the
President determines are necessary to provide technical and
financial assistance under this section.
Investment of amounts.-
In general.--The Secretary of
the Treasury shall invest such portion of the Fund as is not,
in the judgment of the Secretary of the Treasury, required to
meet current withdrawals. Investments may be made only in
interest-bearing obligations of the United States.
Acquisition of
obligations.--For the purpose of investments under subparagraph
(A), obligations may be acquired-
on original issue at the
issue price; or
by purchase of outstanding
obligations at the market price.
Sale of obligations.--Any
obligation acquired by the Fund may be sold by the Secretary of
the Treasury at the market price.
Credits to fund.--The interest
on, and the proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and form a
part of the Fund.
Transfers of amounts.-
In general.--The amounts
required to be transferred to the Fund under this subsection
shall be transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made by the
Secretary of the Treasury.
Adjustments.--Proper
adjustment shall be made in amounts subsequently transferred
to the extent prior estimates were in excess of or less than
the amounts required to be transferred.
Limitation on Total Amount of
Financial Assistance.--The President shall not provide financial
assistance under this section in an amount greater than the
amount available in the Fund.
Multihazard Advisory Maps.-
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.
Development of maps.--In
consultation with States, governments, and appropriate Federal
agencies, the President shall develop multihazard advisory maps
for areas, in not fewer than 5 States, that are subject to
commonly recurring natural hazards (including flooding,
hurricanes and severe winds, and seismic events).
Use of technology.--In
developing multihazard advisory maps under this subsection, the
President shall use, the maximum extent practicable, the most
cost-effective and efficient technology available.
Use of maps.-
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.
Availability of maps.--The
multihazard advisory maps shall be made available to the
appropriate State and local governments for the purposes of-
informing the general public
about the risks of natural hazards in the areas described in
paragraph (2);
supporting the activities
described in subsection (e); and
other public uses.
Report on Federal and State
Administration.--Not later than 18 months after the date of
enactment of this section, 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.
Termination of Authority.--The
authority provided by this section terminates December 31, 2003.
(Pub.L.
106-390, § 102(a), October 30, 2000, 114 Stat. 1553)
[Note, Findings and Purpose,
Pub.L. 106-390, § 101, 114 Stat. 1552]
SEC. 101. FINDINGS AND PURPOSE.
FINDINGS- Congress finds that--
natural disasters, including
earthquakes, tsunamis, tornadoes, hurricanes, flooding, and
wildfires, pose great danger to human life and to property
throughout the United States;
greater emphasis needs to be
placed on--
identifying and assessing the
risks to States and local governments (including Indian tribes)
from natural disasters;
implementing adequate measures
to reduce losses from natural disasters; and
ensuring that the critical
services and facilities of communities will continue to
function after a natural disaster;
expenditures for postdisaster
assistance are increasing without commensurate reductions in the
likelihood of future losses from natural disasters;
in the expenditure of Federal
funds under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), high priority should be
given to mitigation of hazards at the local level; and
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--
form effective community-based
partnerships for hazard mitigation purposes;
implement effective hazard
mitigation measures that reduce the potential damage from
natural disasters;
ensure continued functionality
of critical services;
leverage additional
non-Federal resources in meeting natural disaster resistance
goals; and
make commitments to long-term
hazard mitigation efforts to be applied to new and existing
structures.
PURPOSE- The purpose of this
title is to establish a national disaster hazard mitigation
program--
to reduce the loss of life and
property, human suffering, economic disruption, and disaster
assistance costs resulting from natural disasters; and
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. {Sec. 204}
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.
Chairperson.--The Director of
the Federal Emergency Management Agency shall serve as the
chairperson of the task force.
Membership.--The membership of
the task force shall include of-
relevant Federal agencies;
State and local government
organizations (including Indian tribes); and
the American Red Cross.
(Pub.L.
106-390, § 103, October 30, 2000, 114 Stat. 1557)
Subchapter III--Major Disaster
And Emergency Assistance Administration
WAIVER OF ADMINISTRATIVE CONDITIONS {Sec. 301}
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.
(Pub.
L. 93-288, title III, § 301, as added Pub. L. 100-707, title
I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691.)
Regulations for equitable and
impartial relief operations
The President shall issue,
and may alter and amend, such regulations as may be necessary for
the guidance of personnel carrying out Federal assistance
functions at the site of a major disaster or emergency. Such
regulations shall include provisions for insuring that the
distribution of supplies, the processing of applications, and
other relief and assistance activities shall be accomplished in
an equitable and impartial manner, without discrimination on the
grounds of race, color, religion, nationality, sex, age, or
economic status.
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 Act or of
receiving assistance under this Act, 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.
(Pub.
L. 93-288, title III, § 308, formerly § 311, May 22,
1974, 88 Stat. 150; renumbered § 308 and amended Pub. L.
100-707, title I, § 105(f), Nov. 23, 1988, 102 Stat. 4691.)
5143. COORDINATING OFFICERS {Sec. 302}
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.
Functions of Federal
coordinating officer
In order to effectuate the
purposes of this Act, the Federal coordinating officer, within
the affected area, shall--
make an initial appraisal of
the types of relief most urgently needed;
establish such field offices as
he deems necessary and as are authorized by the President;
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
Act shall limit or in any way affect the responsibilities of the
American National Red Cross under the Act of January 5, 1905, as
amended (33 Stat. 599) [36 U.S.C. §§ 1 et seq.]; and;
take such other action,
consistent with authority delegated to him by the President, and
consistent with the provisions of this Act, as he may deem
necessary to assist local citizens and public officials in
promptly obtaining assistance to which they are entitled.;
State coordinating officer When
the President determines assistance under this Act 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.
(Pub.
L. 93-288, title III, § 302, formerly § 303, May 22,
1974, 88 Stat. 147; renumbered § 302 and amended Pub. L.
100-707, title I, § 105(b), Nov. 23, 1988, 102 Stat. 4691.)
5144. EMERGENCY SUPPORT TEAMS {Sec. 303}
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 Act. 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.
(Pub.
L. 93-288, title III, § 303, formerly § 304, May 22,
1974, 88 Stat. 147; renumbered § 303 and amended Pub. L.
100-707, title I, § 105(c), Nov. 23, 1988, 102 Stat. 4691.)
5145, 5146. REPEALED. Pub. L. 100-707, title
I, § 105(d), Nov. 23, 1988, 102 Stat. 4691
Section
5145, Pub. L. 93-288, title III, § 305, May 22, 1974, 88
Stat. 148, related to authority of President to provide assistance
in an emergency.
Section
5146, Pub. L. 93-288, title III, § 306, May 22, 1974, 88
Stat. 148, related to cooperation of Federal agencies in rendering
disaster assistance.
5147. REIMBURSEMENT OF FEDERAL AGENCIES
{Sec. 304}
Federal agencies may be
reimbursed for expenditures under this Act from funds appropriated
for the purposes of this Act. Any funds received by Federal
agencies as reimbursement for services or supplies furnished under
the authority of this Act shall be deposited to the credit of the
appropriation or appropriations currently available for such
services or supplies.
(Pub.
L. 93-288, title III, § 304, formerly § 307, May 22,
1974, 88 Stat. 149; renumbered § 304 and amended Pub. L.
100-707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691.)
5148. NONLIABILITY OF FEDERAL GOVERNMENT
{Sec. 305}
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 Act.
(Pub.
L. 93-288, title III, § 305, formerly § 308, May 22,
1974, 88 Stat. 149; renumbered § 305 and amended Pub. L.
100-707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691.)
5149. PERFORMANCE OF SERVICES {Sec. 306}
Utilization of services or
facilities of State and local governments
In carrying
out the purposes of this Act, 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.
Appointment of temporary
personnel, experts, and consultants; acquisition, rental, or hire
of equipment, services, materials and supplies
In
performing any services under this Act, any Federal agency is
authorized--
to appoint and fix the
compensation of such temporary personnel as may be necessary,
without regard to the provisions of title 5, United States Code,
governing appointments in competitive service;
to employ experts and
consultants in accordance with the provisions of section 3109 of
such title [5 U.S.C. § 3109], without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
such title [5 U.S.C. §§ 5101 et seq. and 5331 et seq.]
relating to classification and General Schedule pay rates; and
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.
(Pub.
L. 93-288, title III, § 306, formerly § 309, May 22,
1974, 88 Stat. 149; renumbered § 306 and amended Pub. L.
100-707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691.)
5150. USE OF LOCAL FIRMS AND INDIVIDUALS {Sec.
307}
In the expenditure of Federal
funds for debris clearance, distribution of supplies,
reconstruction, and other major disaster or emergency assistance
activities which may be carried out by contract or agreement with
private organizations, firms, or individuals, preference shall be
given, to the extent feasible and practicable, to those
organizations, firms, and individuals residing or doing business
primarily in the area affected by such major disaster or
emergency. This section shall not be considered to restrict the
use of Department of Defense resources in the provision of major
disaster assistance under this Act.
(Pub.
L. 93-288, title III, § 307, formerly § 310, May 22,
1974, 88 Stat. 150; renumbered § 307 and amended Pub. L.
100-707, title I, § 105(e), Nov. 23, 1988, 102 Stat. 4691.)
5151. NONDISCRIMINATION IN DISASTER ASSISTANCE
{Sec. 308}
Regulations for equitable and
impartial relief operations
The President shall issue,
and may alter and amend, such regulations as may be necessary for
the guidance of personnel carrying out Federal assistance
functions at the site of a major disaster or emergency. Such
regulations shall include provisions for insuring that the
distribution of supplies, the processing of applications, and
other relief and assistance activities shall be accomplished in
an equitable and impartial manner, without discrimination on the
grounds of race, color, religion, nationality, sex, age, or
economic status.
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 Act or of
receiving assistance under this Act, 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.
(Pub.
L. 93-288, title III, § 308, formerly § 311, May 22,
1974, 88 Stat. 150; renumbered § 308 and amended Pub. L.
100-707, title I, § 105(f), Nov. 23, 1988, 102 Stat. 4691.)
5152. USE AND COORDINATION OF RELIEF
ORGANIZATIONS {Sec. 309}
In providing relief and
assistance under this Act, the President may utilize, with their
consent, the personnel and facilities of the American National
Red Cross, the Salvation Army, the Mennonite Disaster Service,
and other relief or disaster assistance organizations, in the
distribution of medicine, food, supplies, or other items, and in
the restoration, rehabilitation, or reconstruction of community
services housing and essential facilities, whenever the President
finds that such utilization is necessary.
The President is authorized to
enter into agreements with the American National Red Cross, the
Salvation Army, the Mennonite Disaster Service, and other relief
or disaster assistance organizations under which the disaster
relief activities of such organizations may be coordinated by the
Federal coordinating officer whenever such organizations are
engaged in providing relief during and after a major disaster or
emergency. Any such agreement shall include provisions assuring
that use of Federal facilities, supplies, and services will be in
compliance with regulations prohibiting duplication of benefits
and guaranteeing nondiscrimination promulgated by the President
under this Act, and such other regulation as the President may
require.
(Pub.
L. 93-288, title III, § 309, formerly § 312, May 22,
1974, 88 Stat. 150; renumbered § 309 and amended Pub. L.
100-707, title I, § 105(f), Nov. 23, 1988, 102 Stat. 4691.)
§ 5153. PRIORITY TO CERTAIN APPLICATIONS
FOR PUBLIC FACILITY AND PUBLIC HOUSING ASSISTANCE {Sec. 310}
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:
The United States Housing Act
of 1937 [42 U.S.C. § 1437 et seq.] for the provision
of low-income housing.
Section 462 of title 40 for
assistance in public works planning.
The Community Development Block
Grant Program under title I of the Housing and Community
Development Act of 1974 [42 U.S.C. § 5301 et seq.].
Section 1926 of title 7.
The Public Works and Economic
Development Act of 1965, as amended [42 U.S.C. § 3121 et
seq.].
The Appalachian Regional
Development Act of 1965, as amended.
The Federal Water Pollution
Control Act [33 U.S.C. § 1251 et seq.]
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 in major disaster areas.
(Pub.
L. 93-288, title III, § 310, as added Nov. 23, 1988, Pub. L.
100-707, title I, § 105(g), Nov. 23, 1988, 102 Stat. 4691.)
§ 5154. INSURANCE {Sec. 311}
Applicants for replacement of
damaged facilities
Compliance with certain
regulations
An applicant for assistance under section 5172
of this title [42 U.S.C. § 5172] (relating to repair,
restoration, and replacement of damaged facilities), section
5189 of this title [42 U.S.C. § 5189] (relating to
simplified procedure) or section 3233 of this title [42 U.S.C. §
3233] section 209(c)(2) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3149(c)(2)) shall comply with
regulations prescribed by the President to assure that, with
respect to any property to be replaced, restored, repaired, or
constructed with such assistance, such types and extent of
insurance will be obtained and maintained as may be reasonably
available, adequate, and necessary, to protect against future
loss to such property.
Determination
I n 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.
Maintenance
of insurance
No applicant for assistance under section
5172 of this title [42 U.S.C. § 5172] (relating to repair,
restoration, and replacement of damaged facilities), section 5189
of this title [42 U.S.C. § 5189] (relating to simplified
procedure), or section 3233 of this title [42 U.S.C. § 3233]
section
209(c)(2) of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3149(c)(2))
may receive such assistance for any property or part thereof for
which the applicant has previously received assistance under this
Act unless all insurance required pursuant to this section has
been obtained and maintained with respect to such property. The
requirements of this subsection may not be waived under section
301. [P.L. 103-325, § 521].
State
acting as self-insurer
A State may elect to act as a
self-insurer with respect to any or all of the facilities owned
by the State. Such an election, if declared in writing at the
time of acceptance of assistance under section 5172 or 5189 of
this title [42 U.S.C. § 5172 or 5189] or section 3233 of the
Public Works and Economic Development Act of 1965 [42 U.S.C. §
3233]- section
209(c)(2) of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3149(c)(2))
or subsequently and accompanied by a plan for self-insurance
which is satisfactory to the President, shall be deemed
compliance with subsection (a). No such self-insurer may receive
assistance under section 5172 or 5189 of this title [42 U.S.C. §
5172 or 5189] for any property or part thereof for which it has
previously received assistance under this Act, to the extent that
insurance for such property or part thereof would have been
reasonably available.
Pub. L.
93-288, title III, § 311, as added Pub. L. 100-707, title I,
§ 105(h), Nov. 23, 1988, 102 Stat. 4692.) (Bold from P.L.
106-390, § 201, October 30, 2000, 114 Stat. 1559).
§ 5155. DUPLICATION OF BENEFITS {Sec.
312}
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.
Special rules
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.
Procedures
The President
shall establish such procedures as the President considers
necessary to ensure uniformity in preventing duplication of
benefits.
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.
Recovery of duplicative
benefits
A person receiving Federal assistance for a major
disaster or emergency shall be liable to the United States to the
extent that such assistance duplicates benefits available to the
person for the same purpose from another source. The agency which
provided the duplicative assistance shall collect such
duplicative assistance from the recipient in accordance with
chapter 37 of title 31, United States Code [31 U.S.C. §§
3701 et seq.], relating to debt collection, when the head of such
agency considers it to be in the best interest of the Federal
Government. (d) Assistance not income
Federal major disaster
and emergency assistance provided to individuals and families
under this Act, 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.
(Pub. L. 93-288, title III, § 312, as
added Pub. L. 100-707, title I, § 105(i), Nov. 23, 1988, 102
Stat. 4693.)
§ 5156. STANDARDS AND REVIEWS {Sec. 313}
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 Act. 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 Act.
Pub. L.
93-288, title III, § 313, as added Pub. L. 100-707, title I,
§ 105(j), Nov. 23, 1988, 102 Stat. 4694.)
§ 5157. PENALTIES
{Sec. 314}
Misuse of funds.
Any person
who knowingly misapplies the proceeds of a loan or other cash
benefit obtained under this Act shall be fined an amount equal to
one and one-half times the misapplied amount of the proceeds or
cash benefit.
Civil enforcement.
Whenever
it appears that any person has violated or is about to violate
any provision of this Act, including any civil penalty imposed
under this Act, 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.
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 Act that may warrant
consideration for criminal prosecution.
Civil penalty.
Any
individual who knowingly violates any order or regulation issued
under this Act shall be subject to a civil penalty of not more
than $5,000 for each violation.
Pub. L.
93-288, title III, § 314, as added Pub. L. 100-707, title I,
§ 105(k), Nov. 23, 1988, 102 Stat. 4694.)
§ 5158. AVAILABILITY
OF MATERIALS {Sec. 315}
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.
(Pub.
L. 93-288, title III, § 315, formerly § 318, May 22,
1974, 88 Stat. 152; renumbered § 315, Pub. L. 100-707, title
I, § 105(l), Nov. 23, 1988, 102 Stat. 4694.)
§ 5159. PROTECTION
OF ENVIRONMENT {Sec. 316}
An action which is taken or
assistance which is provided pursuant to section 402, 403, 406,
407, or 502 [42 U.S.C. § 5170a, 5170b, 5172, 5173, or 5192],
including such assistance provided pursuant to the procedures
provided for in section 422 [42 U.S.C. § 5189], which has the
effect of restoring a facility substantially to its condition
prior to the disaster or emergency, shall not be deemed a major
Federal action significantly affecting the quality of the human
environment within the meaning of the National Environmental
Policy Act of 1969 (83 Stat. 852) [42 U.S.C. §§ 4321 et
seq.]. Nothing in this section shall alter or affect the
applicability of the National Environmental Policy Act of 1969 [42
U.S.C. §§ 4321 et seq.] to other Federal actions taken
under this Act or under any other provisions of law.
(Pub.
L. 93-288, title III, § 316, as added Pub. L. 100-707, title
I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4694.)
§ 5160. RECOVERY OF
ASSISTANCE {Sec. 317}
Party liable.
Any person
who intentionally causes a condition for which Federal assistance
is provided under this Act or under any other Federal law as a
result of a declaration of a major disaster or emergency under
this Act 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 appropriate United States district court.
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.
(Pub.
L. 93-288, title III, § 317, as added Pub. L. 100-707, title
I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.)
§ 5161. AUDITS AND
INVESTIGATIONS {Sec. 318}
In general
Subject to the
provisions of chapter 75 of title 31, United States Code [31
U.S.C. §§ 7501 et seq.], relating to requirements for
single audits, the President shall conduct audits and
investigations as necessary to assure compliance with this Act,
and in connection therewith may question such persons as may be
necessary to carry out such audits and investigations.
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 Act.
State and local audits
The
President may require audits by State and local governments in
connection with assistance under this Act when necessary to
assure compliance with this Act or related regulations.
(Pub.
L. 93-288, title III, § 318, as added Pub. L. 100-707, title
I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.)
§ 5162. ADVANCE OF
NON-FEDERAL SHARE {Sec. 319}
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 Act in any case in which--
the State is unable to assume
its financial responsibility under such cost-sharing
provisions--
with respect to concurrent,
multiple major disasters in a jurisdiction, or
after incurring extraordinary
costs as a result of a particular disaster; and
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 Act.
Terms of loans and advances
In general
Any loan or
advance under this section shall be repaid to the United States.
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.
Regulations
The President
shall issue regulations describing the terms and conditions under
which any loan or advance authorized by this section may be made.
(Pub.
L. 93-288, title III, § 319, as added Pub. L. 100-707, title
I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.)
§ 5163. LIMITATION
ON USE OF SLIDING SCALES {Sec. 320}
No geographic area shall be
precluded from receiving assistance under this Act solely by
virtue of an arithmetic formula or sliding scale based on income
or population.
(Pub.
L. 93-288, title III, § 320, as added Pub. L. 100-707, title
I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4696.)
§ 5164. RULES AND
REGULATIONS {Sec. 321}
The President may prescribe such
rules and regulations as may be necessary and proper to carry out
the provisions of this Act, 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 Act.
(Pub.
L. 93-288, title III, § 321, as added Pub. L. 100-707, title
I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4696.)
[Note
to users: Section 104 of the Disaster Mitigation Act of 2000,
added Sec. 322 (a) - (e), Mitigation Planning, and Sec. 323(a) -
(b), Minimum Standards for Public and Private Structures, which
will not be in effect until FEMA publishes implementing
regulations.]
165. MITIGATION
PLANNING. {Sec. 322}
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.
Local and Tribal Plans.--Each
mitigation plan developed by a local or tribal government shall-
describe actions to mitigate
hazards, risks, and vulnerabilities identified under the plan;
and
establish a strategy to
implement those actions.
State Plans.--The State process
of development of a mitigation plan under this section shall-
identify the natural hazards,
risks, and vulnerabilities of areas in the State;
support development of local
mitigation plans;
provide for technical
assistance to local and tribal governments for mitigation
planning; and
identify and prioritize
mitigation actions that the State will support, as resources
become available.
Funding.-
In general.--Federal
contributions under section 404 may be used to fund the
development and updating of mitigation plans under this section.
Maximum federal
contribution.--With respect to any mitigation plan, a State,
local, or tribal government may use an amount of Federal
contributions under section 404 not to exceed 7 percent of the
amount of such contributions available to the government as of a
date determined by the government.
Increased Federal Share for
Hazard Mitigation Measures.-
In general.--If, at the time of
the declaration of a major disaster, a State has in effect an
approved mitigation plan under this section, the President may
increase to 20 percent, with respect to the major disaster, the
maximum percentage specified in the last sentence of section
404(a).
Factors for consideration.--In
determining whether to increase the maximum percentage under
paragraph (1), the President shall consider whether the State
has established-
eligibility criteria for
property acquisition and other types of mitigation measures;
requirements for cost
effectiveness that are related to the eligibility criteria;
a system of priorities that is
related to the eligibility criteria; and
a process by which an
assessment of the effectiveness of a mitigation action may be
carried out after the mitigation action is complete.
(P.L.
106-390, § 104(a), 114 Stat. 1558).
§ 5165a. MINIMUM
STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES. (Sec.323.)
In General.--As a condition of
receipt of a disaster loan or grant under this Act
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
the President may require safe
land use and construction practices, after adequate consultation
with appropriate State and local government officials.
Evidence of Compliance.--A
recipient of a disaster loan or grant under this Act shall
provide such evidence of compliance with this section as the
President may require by regulation.
(Pub.L.
106-390, § 104(a), October 30, 2000, 114 Stat. 1559).
[Note
to users: Section 202 of the Disaster Mitigation Act of 2000,
added Sec. 324 (a) (c), Management Costs, which will not be in
effect until FEMA publishes implementing regulations.]
§ 5165b. MANAGEMENT
COSTS. {Sec. 324}
Definition of Management
Cost.--In this section, the term ‘management cost' includes
any indirect cost, any administrative expense, and any other
expense not directly chargeable to a specific project under a
major disaster, emergency, or disaster preparedness or mitigation
activity or measure.
Establishment of Management Cost
Rates.--Notwithstanding any other provision of law (including any
administrative rule or guidance), the President shall by
regulation establish management cost rates, for grantees and
subgrantees, that shall be used to determine contributions under
this Act for management costs.
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.
(Pub.L.
106-390, § 202(a), October 30, 2000, 114 Stat. 1560)
[Note
added to § 202, Pub.L. 106-390:
Applicability.
In
general.--Subject to paragraph (2), subsections (a) and (b) of
section 324 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (as added by subsection (a)) shall
apply to major disasters declared under that Act on or after the
date of enactment of this Act.
Interim
authority.--Until the date on which the President establishes
the management cost rates under section 324 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (as added
by subsection (a)), section 406(f) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(f))
(as in effect on the day before the date of enactment of this
Act) shall be used to establish management cost rates.
(Pub.
L. 106-390, § 202(b), October 30, 2000, 114 Stat. 1560)]
[Note
to users. Section 203 of the Disaster Mitigation Act of 2000,
added Sec. 325 (a) - (c), which became effective on October 30,
2000. ]
§ 5165c. PUBLIC
NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS. (Sec. 325)
Public Notice and Comment
Concerning New or Modified Policies.-
In general.--The President
shall provide for public notice and opportunity for comment
before adopting any new or modified policy that-
governs implementation of the
public assistance program administered by the Federal Emergency
Management Agency under this Act; and
could result in a significant
reduction of assistance under the program.
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.
Consultation Concerning Interim
Policies.-
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 Act, 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-
to result in a significant
reduction of assistance to applicants for the assistance with
respect to the major disaster or emergency; or
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.
No legal right of
action.--Nothing in this subsection confers a legal right of
action on any party.
Public Access.--The President
shall promote public access to policies governing the
implementation of the public assistance program.
(P.L.
106-390, § 203, October 30, 2000, 114 Stat. 1560)
Subchapter IV--Major Disaster
Assistance Programs
§ 5170. PROCEDURE
FOR DECLARATION {Sec. 401}
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 Act, 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 Act. Based
on the request of a Governor under this section, the President may
declare under this Act that a major disaster or emergency exists.
(Pub.
L. 93-288, title IV, § 401, as added Pub. L. 100-707, title
I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)
§ 5170a. GENERAL
FEDERAL ASSISTANCE {Sec. 402}
In any major disaster, the
President may--
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
efforts;
coordinate all disaster relief
assistance (including voluntary assistance) provided by Federal
agencies, private organizations, and State and local governments;
provide technical and advisory
assistance to affected State and local governments for--
the performance of essential
community services;
issuance of warnings of risks
and hazards;
public health and safety
information, including dissemination of such information;
provision of health and safety
measures; and
management, control, and
reduction of immediate threats to public health and safety; and
assist State and local
governments in the distribution of medicine, food, and other
consumable supplies, and emergency assistance.
(Pub.
L. 93-288, title IV, § 402, as added Pub. L. 100-707, title
I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)
§ 5170b. ESSENTIAL ASSISTANCE {Sec. 403}
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:
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 Act.
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, food, and other
consumable supplies, and other services and assistance to
disaster victims.
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--
debris removal;
search and rescue, emergency
medical care, emergency mass care, emergency shelter, and
provision of food, water, medicine, and other essential needs,
including movement of supplies or persons;
clearance of roads and
construction of temporary bridges necessary to the performance
of emergency tasks and essential community services;
provision of temporary
facilities for schools and other essential community services;
demolition of unsafe
structures which endanger the public;
warning of further risks and
hazards;
dissemination of public
information and assistance regarding health and safety
measures;
provision of technical advice
to State and local governments on disaster management and
control; and
reduction of immediate threats
to life, property, and public health and safety.
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.
Federal share
The
Federal share of assistance under this section shall be not less
than 75 percent of the eligible cost of such assistance.
Utilization of DOD resources
General rule
During
the immediate aftermath of an incident which may ultimately
qualify for assistance under this title or title V of this Act
[42 U.S.C. §§ 5170 et seq. or 5191 et seq.], 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.
Rules applicable to debris
removal
Any removal of debris and wreckage carried
out under this subsection shall be subject to section 5173(b) of
this title [42 U.S.C. § 5173(b)], relating to
unconditional authorization and indemnification
for debris removal.
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 Act.
Federal share
The
Federal share of assistance under this subsection shall be not
less than 75 percent.
Guidelines
Not later
than 180 days after the date of the enactment of the Disaster
Relief and Emergency Assistance Amendments of 1988 [enacted Nov.
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 Act.
Definitions
For
purposes of this section--
Department of Defense
The
term 'Department of Defense' has the meaning the term
"department" has under section 101 of title 10,
United States Code.
Emergency work
The term
"emergency work" includes clearance and removal of
debris and wreckage and temporary restoration of essential
public facilities and services.
(Pub.
L. 93-288, title IV, § 403, as added Pub. L. 100-707, title
I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4697.)
§ 5170c. HAZARD MITIGATION {Sec. 404}
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 future damage, hardship, loss, or suffering in any area
affected by a major disaster. Such measures shall be identified
following the evaluation of natural hazards under section 322 of
this title and shall be subject to approval by the President.
Subject to section 322, the total of contributions under
this section for a major disaster shall not exceed 15
percent of the estimated aggregate amount of grants to be made
(less any associated administrative costs) under this
chapter with respect to the major disaster.
(Pub.L.
106-390, § 104(c)(1), October 30, 2000, 114 Stat. 1559)
Property acquisition and
relocation assistance.--
General authority. In providing
hazard mitigation assistance under this section in connection
with flooding, the Director of the Federal Emergency Management
Agency may provide property acquisition and relocation
assistance for projects that meet the requirements of paragraph
(2).
Terms and conditions.
An
acquisition or relocation project shall be eligible to receive
assistance pursuant to paragraph (1) only if--
the applicant for the
assistance is otherwise eligible to receive assistance under
the hazard mitigation grant program established under
subsection (a) of this section; and
on or after December 3, 1993,
the applicant for the assistance enters into an agreement
with the Director that provides assurances that--
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;
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--
a public facility that is
open on all sides and functionally related to a designated
open space;
a rest room; or
a structure that the
Director approves in writing before the commencement of the
construction of the structure; and
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--
no subsequent application
for additional disaster assistance for any purpose will be
made by the recipient to any Federal entity; and
no assistance referred to in
subclause (I) will be provided to the applicant by any
Federal source.
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 December 3, 1993.
[Note
to users: Section 204 of the Disaster Mitigation Act of 2000,
added Sec. 404(c), Program Administration by States, which will
not be in effect until FEMA publishes implementing regulations.]
Program Administration by
States.-
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.
Criteria.--The President, in
consultation and coordination with States and local governments,
shall establish criteria for the approval of applications
submitted under paragraph (1). The criteria shall include, at a
minimum-
the demonstrated ability of
the State to manage the grant program under this section;
there being in effect an
approved mitigation plan under section 322; and
a demonstrated commitment to
mitigation activities.
Approval.--The President shall
approve an application submitted under paragraph (1) that meets
the criteria established under paragraph (2).
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.
Audits.--The
President shall provide for periodic audits of the hazard
mitigation grant programs administered by States under this
subsection.
[(P.L.
106-390, § 204, October 30, 2000, 114 Stat. 1561)] (Pub. L.
93-288, title IV, § 404, as added Pub. L. 100-707, title I,
§ 106(a)(3), Nov. 23, 1988, 102 Stat. 4698, and Pub. L.
103-181, §2(a), Dec. 3, 1993, 107 Stat. 2054.)
[The
following section was enacted in PL 106-390, § 104(b), but is
not part of the Stafford Act and was not codified in the U.S.
Code]:
[[(b) Losses From Straight Line
Winds.--
The President shall increase the maximum percentage
specified in the last sentence of section 404(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(a)) from 15 percent to 20 percent with respect to any major
disaster that is in the State of Minnesota and for which
assistance is being provided as of the date of enactment of this
Act, except that additional assistance provided under this
subsection shall not exceed $6,000,000. The mitigation measures
assisted under this subsection shall be related to losses in the
State of Minnesota from straight line winds."]]
§ 5171. FEDERAL FACILITIES {Sec. 405}
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.
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.
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.
(Pub.
L. 93-288, title IV, formerly § 405, May 22, 1974, 88 Stat.
153; renumbered § 405, Pub. L. 100-707, title I, §
106(a)(2), Nov. 23, 1988, 102 Stat. 4696.)
§ 5172. REPAIR, RESTORATION, AND
REPLACEMENT OF DAMAGED FACILITIES {Sec. 406}
[Note
to users. Section 205 of the Disaster Mitigation Act of 2000
struck prior § 406(a), Contributions, and inserted new §
406(a)(1), (2) and (4), Contributions, which became effective on
October 30, 2000. See Note to users regarding § 406(a)(3).]
Contributions.-
In general.--The President may
make contributions-
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
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.
Associated expenses.--For the
purposes of this section, associated expenses shall include-
the costs of mobilizing and
employing the National Guard for performance of eligible work;
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; and
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.
[Note
to users: Section 205(a) of the Disaster Mitigation Act of
2000, added Sec. 406(a)(3), Conditions for assistance to
private nonprofit facilities, which became effective as of
October 30, 2000; on May 4, 2001 FEMA published an interim
final rule implementing § 406(a)(3), which is currently in
force. See 66 FR 22443, May 4, 2001.]
Conditions for assistance to
private nonprofit facilities.-
In general.--The President may
make contributions to a private nonprofit facility under
paragraph (1)(B) only if-
the facility provides
critical services (as defined by the President) in the event
of a major disaster; or
the owner or operator of the
facility-
has applied for a disaster
loan under section 7(b) of the Small Business Act (15 U.S.C.
636(b)); and
(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.
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, and emergency medical care.
Notification to
Congress.--Before making any contribution under this section in
an amount greater than $20,000,000, the President shall notify-
the Committee on Environment
and Public Works of the Senate;
the Committee on
Transportation and Infrastructure of the House of
Representatives;
the Committee on
Appropriations of the Senate; and
the
Committee on Appropriations of the House of
Representatives.
>(Pub.L.
106-390, § 205(a), October 30, 2000, 114 Stat. 1562)
[Note
to users: Section 406(b), Federal Share, will not be in effect
until FEMA publishes implementing regulations.
Federal Share.-
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.
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-
that has been damaged, on more
than 1 occasion within the preceding 10-year period, by the
same type of event; and
the
owner of which has failed to implement appropriate mitigation
measures to address the hazard that caused the damage to the
facility.
(Pub.L.
106-390, § 205(b), October 30, 2000, 114 Stat.
1562)
[Note
to users: The Disaster Mitigation Act of 2000, Sec. 406(c),
Large In-Lieu Contributions, was effective as of October 30,
2000; on May 4, 2001 FEMA published an interim final rule
implementing this provision, which is currently in force. See
66 FR 22443, May 4, 2001.]
Large In-Lieu Contributions.-
For public facilities.-
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 75 percent of the Federal share of the Federal estimate of
the cost of repairing, restoring, reconstructing, or replacing
the facility and of management expenses.
Areas with unstable soil.--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 because
soil instability in the disaster area makes repair,
restoration, reconstruction, or replacement infeasible, 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 90 percent of the Federal share of the Federal
estimate of the cost of repairing, restoring, reconstructing,
or replacing the facility and of management expenses.
Use of funds.--Funds
contributed to a State or local government under this paragraph
may be used-
to repair, restore, or expand
other selected public facilities;
to construct new facilities;
or
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.
Limitations.--Funds made
available to a State or local government under this paragraph
may not be used for-
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
any uninsured public facility
located in a special flood hazard area identified by the
Director of the Federal Emergency Management Agency under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
For private nonprofit
facilities.-
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 75 percent of the Federal share of the Federal
estimate of the cost of repairing, restoring, reconstructing,
or replacing the facility and of management expenses.
Use of funds.--Funds
contributed to a person under this paragraph may be used-
to repair, restore, or expand
other selected private nonprofit facilities owned or operated
by the person;
to construct new private
nonprofit facilities to be owned or operated by the person; or
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.
Limitations.--Funds made
available to a person under this paragraph may not be used for-
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
any
uninsured private nonprofit facility located in a special
flood hazard area identified by the Director of the Federal
Emergency Management Agency under the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.).
(Pub.L.
106-390, § 205(c), October 30, 2000, 114 Stat. 1563,
1566)
Flood insurance
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 Director pursuant to the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is damaged or
destroyed, after the 180th day following November 23, 1988, by
flooding in a major disaster and such facility is not covered on
the date of such flooding by flood insurance, the Federal
assistance which would otherwise be available under this
section with respect to repair, restoration, reconstruction, and
replacement of such facility and associated expenses shall be
reduced in accordance with paragraph (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--
the value of such facility on
the date of the flood damage or destruction, or
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 [42
U.S.C. § 4001 et seq.] on such date.
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.
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.
[Note
to users. The Disaster Mitigation Act of 2000 struck §
406(e), Net eligible cost, and inserted new subsection 406(e),
Eligible cost. Until FEMA publishes implementing regulations, §
406(e), Net eligible cost, remains in effect as follows:
Net
eligible cost
General
rule
For
purposes of this section, the cost of repairing, restoring,
reconstructing, or replacing a public facility or private
nonprofit facility on the basis of the design of such facility
as it existed immediately prior to the major disaster and in
conformity with current applicable codes, specifications,
and standards (including floodplain management and hazard
mitigation criteria required by the President or by the
Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) shall,
at a minimum, be treated as the net eligible cost of such
repair, restoration, reconstruction, or replacement.
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 such facility
shall include, for purposes of this section, only those costs
which, under the contract for such construction, are the owner's
responsibility and not the contractor's
responsibility.
[Note
to users: The following provisions of the Disaster Mitigation Act
of 2000, Sec. 406(e), Eligible Cost, will not be in effect until
FEMA publishes implementing regulations:
Eligible Cost.-
Determination.-
In general.--For the purposes
of this section, the President shall estimate the eligible cost
of repairing, restoring, reconstructing, or replacing a public
facility or private nonprofit facility-
on the basis of the design of
the facility as the facility existed immediately before the
major disaster; and
in conformity with codes,
specifications, and standards (including floodplain management
and hazard mitigation criteria required by the President or
under the Coastal Barrier Resources Act (16 U.S.C. 3501 et
seq.)) applicable at the time at which the disaster occurred.
Cost estimation procedures.-
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.
Applicability.--The
procedures specified in this paragraph and paragraph (2) apply
only to projects the eligible cost of which is equal to or
greater than the amount specified in section 422.
Modification of eligible cost.-
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) 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).
Actual cost less than
estimated cost.-
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.
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.
No effect on appeals
process.--Nothing in this paragraph affects any right of appeal
under section 423.
Expert panel.-
Establishment.--Not later than
18 months after the date of enactment of this paragraph, the
President, acting through the Director of the Federal Emergency
Management Agency, shall establish an expert panel, which shall
include representatives from the construction industry and
State and local government.
Duties.--The expert panel
shall develop recommendations concerning-
procedures for estimating the
cost of repairing, restoring, reconstructing, or replacing a
facility consistent with industry practices; and
the ceiling and floor
percentages referred to in paragraph (2).
Regulations.--Taking into
account the recommendations of the expert panel under
subparagraph (B), the President shall promulgate regulations
that establish-
cost estimation procedures
described in subparagraph (B)(i); and
the ceiling and floor
percentages referred to in paragraph (2).
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.
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.
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.
[(2)
Effective date.--The amendment made by paragraph (1) takes effect
on the date of enactment of this Act and applies to funds
appropriated after the date of enactment of this Act, except that
paragraph (1) of section 406(e) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (as amended by paragraph (1))
takes effect on the date on which the cost estimation procedures
established under paragraph (3) of that section take
effect.]
(Pub.
L. 106-390, § 205(e), October 30, 2000, 114 Stat. 1566
[Note
to users: Section § 205(e) of the Disaster Mitigation Act of
2000 repealed § 406(f), but § 202(b) of the DMA 2000
states that until the management cost rates under § 324 of
the Stafford Act are established, the following provisions of §
406(f) will be used to establish “management cost rates.":
Associated expenses
For
purposes of this section, associated expenses include the
following:
Necessary costs
Necessary
costs of requesting, obtaining, and administering Federal
assistance based on a percentage of assistance provided as
follows:
For an applicant whose net
eligible costs equal less than $100,000, 3 percent of such net
eligible costs,
For an applicant whose net
eligible costs equal $100,000 or more but less than $1,000,000,
$3,000 plus 2 percent of such net eligible costs in excess of
$100,000,
For an applicant whose net
eligible costs equal $1,000,000 or more but less than
$5,000,000, $21,000 plus 1 percent of such net eligible costs
in excess of $1,000,000,
For an applicant whose net
eligible costs equal $5,000,000 or more, $61,000 plus ½
percent of such net eligible costs in excess of $5,000,000.
Extraordinary
costs
Extraordinary costs incurred by a State for
preparation of damage survey reports, final inspection reports,
project applications, final audits, and related field
inspections by State employees, including overtime pay and per
diem and travel expenses of such employees, but not
including pay for regular time of such employees, based on the
total amount of assistance provided under sections 5170b, 5170c,
5172, 5173, 5192, 5193 of this title in such State in connection
with the major disaster as follows:
If such total amount is less
than $100,000, 3 percent of such total amount ,
If such total amount net
eligible cost is $100,000 or more but less than $1,000,000,
$3,000 plus 2 percent of such total amount net eligible cost in
excess of $100,000,
If such total amount net
eligible cost is $1,000,000 or more but less than $5,000,000,
$21,000 plus 1 percent of such total amount net eligible cost
in excess of $1,000,000,
If such total amount net
eligible cost is $5,000,000 or more, $61,000 plus ½
percent of such total amount net eligible cost in excess
of $5,000,000.
Costs of National Guard
The
costs of mobilizing and employing the National Guard for
performance of eligible work.
Costs of prison labor
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.
Other labor costs
Base
and overtime wages for an applicant's employees and extra hires
performing eligible work plus fringe benefits on such wages to
the extent that such benefits were being paid before the
disaster.
(Pub.
L. 93-288, title IV, § 406, as added Pub. L. 100-707, title
I, § 106(b), Nov. 23, 1988, 102 Stat. 4699.)
(Pub.L.
106-390, § 205(e), October 30, 2000, 114 Stat. 1566).
[Note:
See Pub. L. 106-390, § 202(b), which makes § 406(f), as
it existed before repeal, the interim authority for establishing
management cost rates until FEMA establishes new management cost
rates under new § 324 of the Stafford Act.]
§ 5173. DEBRIS REMOVAL {Sec. 407}
Authorization for use of Federal
assistance and grants to State or local government
The
President, whenever he determines it to be in the public
interest, is authorized--
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
to make grants to any State or
local government or owner or operator of a private non-profit
facility for the purpose of removing debris or wreckage
resulting from a major disaster from publicly or privately owned
lands and waters.
State or local government
authorization; indemnification of Federal government
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.
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.
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.
(Pub.
L. 93-288, title IV, § 407, formerly § 403, May 22,
1974, 88 Stat. 154; renumbered § 407 and amended, Pub. L.
100-707, title I, § 106(c), Nov. 23, 1988, 102 Stat. 4701.)
[Note
to users: The Disaster Mitigation Act of 2000 repealed § 411
of the Stafford Act, but § 408, which will replace §
411, does not become effective until 18 months after October 30,
2000, or May 1, 2002. Section 411 remains in effect until May 1,
2002, and until May 1, 2002 FEMA officials should not make
operational decisions based on the following § 408. FEMA
expects to publish implementing regulations for § 408 before
May 1, 2002.]
SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS
AND HOUSEHOLDS.
In General.-
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, 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.
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.
Housing Assistance.-
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 as a result of
damage caused by a major disaster.
Determination of appropriate
types of assistance.-
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.
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.
Types of Housing Assistance.-
Temporary housing.-
Financial assistance.-
In general.--The President
may provide financial assistance to individuals or households
to rent alternate housing accommodations, existing rental
units, housing, recreational vehicles, or other readily
fabricated dwellings.
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, or unit installation not
provided directly by the President.
Direct assistance.-
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).
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.
Collection of rental
charges.-- the end of the 18-month period referred to in
clause (ii), the President may charge fair market rent for
each temporary housing unit provided.
Repairs.-
In general.--The President may
provide financial assistance for-
the repair of owner-occupied
private residences, utilities, and residential infrastructure
(such as a private access route) by a major disaster to a safe
and sanitary living or functioning condition; and
eligible hazard mitigation
measures that reduce the likelihood of future damage to such
residences, utilities, or infrastructure.
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.
Maximum amount of
assistance.--The amount of assistance provided to a household
under this paragraph shall not exceed $5,000, as adjusted
annually to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Department of Labor.
Replacement.-
In general.--The President may
provide financial assistance for the replacement of owner-
private residences damaged by a major disaster.
Maximum amount of
assistance.--The amount of assistance provided to a household
under this paragraph shall not exceed $10,000, as adjusted
annually to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Department of Labor.
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.
Permanent housing
construction.--The President may provide financial assistance or
direct assistance to individuals or households to construct
permanent housing in insular areas outside the continental
United States and in other remote locations in cases in which-
no alternative housing
resources are available; and
the types of temporary housing
assistance described in paragraph (1) are unavailable,
infeasible, not cost-effective.
Terms and Conditions Relating to
Housing Assistance.-
Sites.-
In general.--Any readily
fabricated dwelling provided under this section shall, whenever
practicable, be located on a site that-
is complete with utilities;
and
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.
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.
Disposal of units.-
Sale to occupants.-
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.
Sale price.--A sale of a
temporary housing unit under clause (i) shall be at a price
that is fair and equitable.
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.
Hazard and flood
insurance.--A sale of a temporary housing unit under clause
(i) 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.
Use of GSA services.--The
President may use the services of the General Services
Administration to accomplish a sale under clause (i).
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-
may be sold to any person; or
may be sold, transferred,
donated, 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, governmental
agency, or voluntary organization agrees-
to comply with the
nondiscrimination provisions of section 308; and
to obtain and maintain
hazard and flood insurance on the housing unit.
Financial Assistance To Address
Other Needs.-
Medical, dental, 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,
funeral expenses.
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.
State Role.-
Financial assistance to address
other needs.-
Grant to state.--Subject to
subsection (g), a Governor may request a grant from the
President to provide financial assistance to individuals and
households in the State under subsection (e).
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 financial assistance to
individuals and households in the State under subsection (e).
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, 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.
Cost Sharing.-
Federal share.--Except as
provided in paragraph (2), Federal share of the costs eligible
to be paid using assistance provided under this section shall be
100 percent.
Financial assistance to address
other needs.--In the case of financial assistance provided under
subsection (e)-
the Federal share shall be 75
percent; and
the non-Federal share shall be
paid from funds made available by the State.
Maximum Amount of Assistance.-
In general.--No individual or
household shall receive financial assistance greater than
$25,000 under this section with respect to a single major
disaster.
Adjustment of limit.--The limit
established under paragraph (1) shall be adjusted annually to
reflect changes in the Consumer Price Index for All Urban
Consumers published by the Department of Labor.
(i) 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.
(d) Effective Date.--The amendments made by this
section take effect 18 months after the date of enactment of this
Ac, or May 1, 2002.
(Pub.L.
106-390, § 206(a), October 30, 2000, 114 Stat. 1566)
§ 5175. REPEALED. Pub. L. 100-707, title
I, § 105(m)(2), Nov. 23, 1988, 102 Stat. 4696.
(Pub.
L. 93-288, title IV, § 409, formerly § 406, May 22,
1974, 88 Stat. 155; renumbered § 409, Pub. L. 100-707, title
I, § 106(e), Nov. 23, 1988, 102 Stat. 4703.)
(Section § 104(c)(2) of the
Disaster Mitigation Act of 2000 repealed § 409, P.L. 106-390,
October 30, 2000, 114 Stat. 1559. See § 323.)
§ 5177. UNEMPLOYMENT ASSISTANCE {Sec.
410}
Unemployment benefit
assistance
The President is authorized to provide to
any individual unemployed as a result of a major disaster such
benefit assistance as he deems appropriate while such individual
is unemployed for the weeks of such unemployment with respect to
which the individual is not entitled to any other unemployment
compensation (as that term is defined in section 85(b) of the
Internal Revenue Code of 1986 [26 U.S.C. § 85(b)]) or
waiting period credit. Such assistance as the President shall
provide shall be available to an individual as long as the
individual's unemployment caused by the major disaster continues
or until the individual is reemployed in a suitable position, but
no longer than 26 weeks after the major disaster is declared.
Such assistance for a week of unemployment shall not exceed the
maximum weekly amount authorized under the unemployment
compensation law of the State in which the disaster occurred. The
President is directed to provide such assistance through
agreements with States which, in his judgment, have an adequate
system for administering such assistance through existing State
agencies.
Reemployment assistance
State assistance
A
State shall provide, without reimbursement from any funds
provided under this Act, reemployment assistance services under
any other law administered by the State to individuals receiving
benefits under this section.
Federal assistance
The
President may provide reemployment assistance services under
other laws to individuals who are unemployed as a result of a
major disaster and who reside in a State which does not provide
such services.
(Pub.
L. 93-288, title IV, § 410, formerly § 407, May 22,
1974, 88 Stat. 156; renumbered § 410 and amended Pub. L.
100-707, title I, § 106(e), (f), Nov. 23, 1988, 102 Stat.
4704.)
[NOTE:
The following provision is not part of the Stafford Act. It was
enacted as part of the Food, Agriculture, Conservation, and Trade
Act of 1990.]
§ 5177A. EMERGENCY GRANTS TO ASSIST
LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS
In general
The
Secretary of Agriculture may make grants, not to exceed
$20,000,000 annually, to public agencies or private organizations
with tax exempt status under section 501(c)(3) of the Internal
Revenue Code of 1986 [26 U.S.C. 501(c)(3)], that have experience
in providing emergency services to low-income migrant and
seasonal farmworkers where the Secretary determines that a local,
State or national emergency or disaster has caused low-income
migrant or seasonal farmworkers to lose income, to be unable to
work, or to stay home or return home in anticipation of work
shortages. Emergency services to be provided with assistance
received under this section may include such types of assistance
as the Secretary of Agriculture determines to be necessary and
appropriate.
Definition
For the
purposes of this section, the term "low-income migrant or
seasonal farmworker" means an individual--
who has, during any consecutive
12 month period within the preceding 24 month period, performed
farm work for wages;
who has received not less than
one-half of such individual's total income, or been employed at
least one-half of total work time in farm work; and
whose annual family income
within the 12 month period referred to in paragraph (1) does not
exceed the higher of the poverty level or 70 percent of the
lower living standard income level.
Authorization of
appropriations
There are authorized to be appropriated
such sums as may be necessary to carry out this section.
(Pub.
L. 101-624, title XXII, Subtitle C, § 2281, Nov. 28, 1990,
104 Stat. 3978.)
[Note
to users: The Disaster Mitigation Act of 2000 repealed the
following § 411 of the Stafford Act, but § 408, which
will replace § 411, does not become effective until 18 months
after October 30, 2000, or May 1, 2002. Therefore, Section 411
remains in effect until May 1, 2002, and until May 1, 2002 FEMA
officials should not make operational decisions based on the
following § 408. FEMA expects to publish implementing
regulations for § 408 before May 1, 2002.]
§ 5178. INDIVIDUAL
AND FAMILY GRANT PROGRAMS {Sec. 411}
In general
The
President is authorized to make a grant to a State for the
purpose of making grants to individuals or families adversely
affected by a major disaster for meeting disaster-related
necessary expenses or serious needs of such individuals or
families in those cases where such individuals or families are
unable to meet such expenses or needs through assistance under
other provisions of this Act or through other means.
Cost sharing
Federal share
The
Federal share of a grant to an individual or a family under this
section shall be equal to 75 percent of the actual cost
incurred.
State contribution
The
Federal share of a grant under this section shall be paid only
on condition that the remaining 25 percent of the cost is paid
to an individual or family from funds made available by a State.
Regulations
The
President shall promulgate regulations to carry out this section
and such regulations shall include national criteria, standards,
and procedures for the determination of eligibility for grants
and the administration of grants under this section.
Administrative expenses
A
State may expend not to exceed 5 percent of any grant made by the
President to it under subsection (a) for expenses of
administering grants to individuals and families under this
section.
Administration through
Governor
The Governor of a State shall administer the
grant program authorized by this section in the State.
Limit on grants to
individual
No individual or family shall receive
grants under this section aggregating more than $10,000 with
respect to any single major disaster. Such $10,000 limit shall
annually be adjusted to reflect changes in the Consumer Price
Index for All Urban Consumers published by the Department of
Labor.
(Pub.
L. 93-288, title IV, § 411, as added Pub. L. 100-707, title
I, § 106(g), Nov. 23, 1988, 102 Stat. 4704.)
(Please
note: Section 206(c) of the Disaster Mitigation Act of 2000
repealed the above § 411, Pub.L. 106-390, October 30, 2000,
114 Stat. 1571. Section 411 remains in effect until May 1, 2002 or
until FEMA publishes implementing regulations for § 408).
§ 5179. Food coupons and distribution
{Sec. 412}
Persons eligible; terms and
conditions
Whenever the President determines that, as
a result of a major disaster, low-income households are unable to
purchase adequate amounts of nutritious food, he is authorized,
under such terms and conditions as he may prescribe, to
distribute through the Secretary of Agriculture or other
appropriate agencies coupon allotments to such households
pursuant to the provisions of the Food Stamp Act of 1964 (Pub. L.
91-671; 84 Stat. 2048) [7 U.S.C. §§ 2011 et seq.] and
to make surplus commodities available pursuant to the provisions
of this Act.
Duration of assistance; factors
considered
The President, through the Secretary of
Agriculture or other appropriate agencies, is authorized to
continue to make such coupon allotments and surplus commodities
available to such households for so long as he determines
necessary, taking into consideration such factors as he deems
appropriate, including the consequences of the major disaster on
the earning power of the households, to which assistance is made
available under this section.
Food Stamp Act [7 U.S.C. §§
2011 et seq.] provisions unaffected.
Nothing in this
section shall be construed as amending or otherwise changing the
provisions of the Food Stamp Act of 1964 [7 U.S.C. §§
2011 et seq.] except as they relate to the availability of food
stamps in an area affected by a major disaster.
(Pub.
L. 93-288, title IV, § 412, formerly § 409, May 22,
1974, 88 Stat. 157; renumbered § 412, Pub. L. 100-707, title
I, § 106(h), Nov. 23, 1988, 102 Stat. 4705.)
§ 5180. Food commodities {Sec. 413}
Emergency mass feeding
The
President is authorized and directed to assure that adequate
stocks of food will be ready and conveniently available for
emergency mass feeding or distribution in any area of the United
States which suffers a major disaster or emergency.
Funds for purchase of food
commodities
The Secretary of Agriculture shall utilize
funds appropriated under section 32 of the Act of August 24, 1935
(7 U.S.C. 612c), to purchase food commodities necessary to
provide adequate supplies for use in any area of the United
States in the event of a major disaster or emergency in such
area.
(Pub.
L. 93-288, title IV, § 413, formerly § 410, May 22,
1974, 88 Stat. 157; renumbered § 413, Pub. L. 100-707, title
I, § 106(h), Nov. 23, 1988, 102 Stat. 4705.)
§ 5181. Relocation assistance {Sec. 414}
Notwithstanding any other
provision of law, no person otherwise eligible for any kind of
replacement housing payment under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
(Pub. L. 91-646) shall be denied such eligibility as a result of
his being unable, because of a major disaster as determined by the
President, to meet the occupancy requirements set by such Act.
(Pub.
L. 93-288, title IV, § 414, formerly § 411, May 22,
1974, 88 Stat. 157; renumbered § 414, Pub. L. 100-707, title
I, § 106(h), Nov. 23, 1988, 102 Stat. 4705.)
§ 5182. Legal services {Sec. 415}
Whenever the President determines
that low-income individuals are unable to secure legal services
adequate to meet their needs as a consequence of a major disaster,
consistent with the goals of the programs authorized by this Act,
the President shall assure that such programs are conducted with
the advice and assistance of appropriate Federal agencies and
State and local bar associations.
(Pub.
L. 93-288, title IV, § 415, formerly § 412, May 22,
1974, 88 Stat. 157; renumbered § 415, Pub. L. 100-707, title
I, § 106(h), Nov. 23, 1988, 102 Stat. 4705.)
§ 5183. Crisis counseling assistance and
training {Sec. 416}
The President is authorized to
provide professional counseling services, including financial
assistance to State or local agencies or private mental health
organizations to provide such services or training of disaster
workers, to victims of major disasters in order to relieve mental
health problems caused or aggravated by such major disaster or its
aftermath.
(Pub.
L. 93-288, title IV, § 416, formerly § 413, May 22,
1974, 88 Stat. 157; renumbered § 416, Pub. L. 100-707, title
I, § 106(i), Nov. 23, 1988, 102 Stat. 4705.)
[Note
to users: The Disaster Mitigation Act of 2000, Sec. 417, Community
Disaster Loans, as amended, was effective as of October 30, 2000;
on May 4, 2001 FEMA published an interim final rule implementing
this provision, which is currently in force. See 66 FR 22443, May
4, 2001.]
§ 5184. Community disaster loans {Sec.
417}
In General.--The President is
authorized to make loans to any local government which may suffer
a substantial loss of tax and other revenues as a result of a
major disaster, and has demonstrated a need for financial
assistance in order to perform its governmental functions.
Amount.--The amount of any such
loan shall be based on need, shall not exceed 25 per centum of
the annual operating budget of that local government for the
fiscal year in which the major disaster occur, and shall not
exceed $5,000,000.
Repayment.-
Cancellation.-Repayment of all
or any part of such loan to the extent that revenues of the
local government during the three full fiscal year period
following the major disaster are insufficient to meet the
operating budget of the local government, including additional
disaster-related expenses of a municipal operation character
shall be canceled.
Condition on continuing
eligibility.--A local government shall not be eligible for
further assistance under this section during any period in which
the local government is in arrears with respect to a required
repayment of a loan under this section.
Effect on Other Assistance.--Any
loans made under this section shall not reduce or otherwise
affect any grants or other assistance under this Act.
(Pub.
L. 93-288, title IV, § 417, formerly § 414(a), (b), May
22, 1974, 88 Stat. 157; renumbered § 417(a), (b), Pub. L.
100-707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.)
(Pub.
L. 106-390, § 207, October 30, 2000, 114 Stat. 1571, amended
§ 417).
COMMUNITY EMERGENCY DROUGHT
RELIEF
Pub. L. 95-31, title I, May 23,
1977, 91 Stat. 169, provided: "That this Act be cited as
the 'Community Emergency Drought Relief Act of 1977'.
Sec. 101.
Upon the application of any
State, political subdivision of a State, Indian tribe, or
public or private nonprofit organization, the Secretary of
Commerce is authorized to make grants and loans to
applicants in drought impacted areas for projects that
implement short-term actions to augment community water
supplies where there are severe problems due to water shortages.
Such assistance may be for the improvement, expansion, or
construction of water supplies, and purchase and
transportation of water, which in the opinion of the Secretary of
Commerce will make a substantial contribution to the relief of an
existing or threatened drought condition in a designated
area.
The Secretary of Commerce may
designate any area in the United States as an emergency drought
impact area if he or she finds that a major and continuing
adverse drought condition exists and is expected to
continue, and such condition is causing significant
hardships on the affected areas.
Eligible applicants shall be
those States or political subdivisions of States with a
population of ten thousand or more. Indian tribes, or public or
private nonprofit organizations within areas designated pursuant
to subsection (b) of this section.
Projects assisted under this Act
shall be only those with respect to which assurances can be given
to the satisfaction of the Secretary of Commerce that the work
can be completed by April 30, 1978, or within such extended time
as the Secretary may approve in exceptional circumstances.
Sec. 102. Grants hereunder shall
be in an amount not to exceed 50 per centum of allowable project
costs. Loans shall be for a term not to exceed 40 years at a per
annum interest rate of 5 per centum and shall be on such terms and
conditions as the Secretary of Commerce shall determine. In
determining the amount of a grant assistance for any project, the
Secretary of Commerce may take into consideration such factors as
are established by regulation and are consistent with the purposes
of this Act.
Sec. 103. In extending assistance
under this Act the Secretary shall take into consideration the
relative needs of applicant areas for the projects for which
assistance is requested, and the appropriateness of the
project forrelieving the conditions intended to be alleviated
by this Act.
Sec. 104. The Secretary of
Commerce shall have such powers and authorities under this Act as
are vested in the Secretary by sections 701 and 708 of the Public
Works and Economic Development Act of 1965, as amended [sections
3211 and 3218 of this title], with respect to that Act [section
3121 et seq. of this title].
Sec. 105. The National
Environmental Protection Act of 1969, as amended [section 4321 et
seq. of this title], shall be implemented to the fullest extent
consistent with but subject to the time constraints imposed
by this Act, and the Secretary of Commerce when making the final
determination regarding an application for assistance
hereunder shall give consideration to the environmental
consequences determined within that period.
Sec. 106.
There is hereby authorized to be
appropriated for the fiscal year ending September 30, 1977,
$225,000,000 of which sum $150,000,000 is to be for the loan
program herein, including administration thereof, and $75,000,000
of which is to be used for the grant program herein, including
administration thereof, and such additional amounts for the
fiscal year ending September 30, 1978, as may be reasonably
needed for administrative expenses in monitoring and closing out
the program authorized by the Act. Funds authorized by this Act
shall be obligated by December 31, 1977.
Funds available to the Secretary
for this Act shall be available for expenditure for drought
impact projects conducted heretofore by eligible applicants
during fiscal year 1977 if such projects are found to be
compatible with the broad purposes of this Act."
§ 5185. Emergency
communications {Sec. 418}
The President is authorized
during, or in anticipation of an emergency or major disaster to
establish temporary communications systems and to make such
communications available to State and local government officials
and other persons as he deems appropriate.
(Pub.
L. 93-288, title IV, § 418, formerly § 415, May 22,
1974, 88 Stat. 158; renumbered § 418, Pub. L. 100-707, title
I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.)
§ 5186. Emergency public transportation
{Sec. 419}
The President is authorized to
provide temporary public transportation service in an area
affected by a major disaster to meet emergency needs and to
provide transportation to governmental offices, supply centers,
stores, post offices, schools, major employment centers, and such
other places as may be necessary in order to enable the community
to resume its normal pattern of life as soon as possible.
(Pub.
L. 93-288, title IV, § 419, formerly § 416, May 22,
1974, 88 Stat. 158; renumbered § 419, Pub. L. 100-707, title
I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.)
Note to
users: Section 303 of the Disaster Mitigation Act of 2000, amended
§420, Fire Management Assistance, took effect on October 30,
2001. The implementing regulations for the Fire Management
Assistance Grant Program can be found at 44 CFR Part 204.
§ 5187. Fire
suppression grants {Sec. 420}
The President is authorized to
provide assistance, including grants, equipment, supplies, and
personnel, to any State for the suppression of any fire on
publicly or privately owned forest or grassland which threatens
such destruction as would constitute a major disaster.
(Pub.
L. 93-288, title IV, § 420, formerly § 417, May 22,
1974, 88 Stat. 158; renumbered § 420, Pub. L. 100-707, title
I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.)
[NEW Section 420] §
5187. FIRE MANAGEMENT ASSISTANCE. {Sec. 420}
In General.--The President is
authorized to provide assistance, including grants, equipment,
supplies, and personnel, to any State or local government for the
mitigation, management, and control of any fire on public or
private forest land or grassland that threatens such destruction
as would constitute a major disaster.
Coordination With State and
Tribal Departments of Forestry.--In providing assistance under
this section, the President shall coordinate with State and
tribal departments of forestry.
Essential Assistance.--In
providing assistance under this section, the President may use
the authority provided under section 403.
Rules and Regulations.--The
President shall prescribe such rules and regulations as are
necessary to carry out this section.
(Pub.L.
106-390, § 303(a), October 30, 2000, 114 Stat. 1572)
§ 5188. Timber sale contracts {Sec. 421}
Cost-sharing arrangement
Where
an existing timber sale contract between the Secretary of
Agriculture or the Secretary of the Interior and a timber
purchaser does not provide relief from major physical change not
due to negligence of the purchaser prior to approval of
construction of any section of specified road or of any other
specified development facility and, as a result of a major
disaster, a major physical change results in additional
construction work in connection with such road or facility by
such purchaser with an estimated cost, as determined by the
appropriate Secretary, (1) of more than $1,000 for sales under
one million board feet, (2) of more than $1 per thousand board
feet for sales of one to three million board feet, or (3) of more
than $3,000 for sales over three million board feet, such
increased construction cost shall be borne by the United States.
Cancellation of authority
If
the appropriate Secretary determines that damages are so great
that restoration, reconstruction, or construction is not
practical under the cost-sharing arrangement authorized by
subsection (a) of this section, he may allow cancellation of a
contract entered into by his Department notwithstanding contrary
provisions therein.
Public notice of sale
The
Secretary of Agriculture is authorized to reduce to seven days
the minimum period of advance public notice required by the first
section of the Act of June 4, 1897 (16 U.S.C. 476), in connection
with the sale of timber from national forests, whenever the
Secretary determines that (1) the sale of such timber will assist
in the construction of any area of a State damaged by a major
disaster, (2) the sale of such timber will assist in sustaining
the economy of such area, or (3) the sale of such timber is
necessary to salvage the value of timber damaged in such major
disaster or to protect undamaged timber.
State grants for removal of
damaged timber; reimbursement of expenses limited to salvage
value of removed timber.
The President, when he
determines it to be in the public interest, is authorized to make
grants to any State or local government for the purpose of
removing from privately owned lands timber damaged as a result of
a major disaster, and such State or local government is
authorized upon application, to make payments out of such grants
to any person for reimbursement of expenses actually incurred by
such person in the removal of damaged timber, not to exceed the
amount that such expenses exceed the salvage value of such
timber.
(Pub.
L. 93-288, title IV, § 421, formerly § 418, May 22,
1974, 88 Stat. 158; renumbered § 421, Pub. L. 100-707, title
I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.)
§ 5189. Simplified procedure {Sec. 422}
If the Federal estimate of the
cost of--
repairing, restoring,
reconstructing, or replacing under section 406 [42 U.S.C. §
5172] any damaged or destroyed public facility or private
nonprofit facility,
emergency assistance under
section 403 or 502 [42 U.S.C. § 5170b or 5192], or
debris removed under section 407
[42 U.S.C. § 5173],
is less than $35,000, the
President (on application of the State or local government or the
owner or operator of the private nonprofit facility) may make the
contribution to such State or local government or owner or
operator under section 403, 406, 407, or 502 [42 U.S.C. §
5170b, 5172, 5173 or 5192], as the case may be, on the basis of
such Federal estimate. Such $35,000 amount shall be adjusted
annually to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Department of Labor.
(Pub.
L. 93-288, title IV, § 422, as added Pub. L. 100-707, title
I, § 106(k), Nov. 23, 1988, 102 Stat. 4705.)
§ 5189a. APPEALS OF ASSISTANCE DECISIONS
{Sec. 423}
Right of appeal
Any
decision regarding eligibility for, from, or amount of assistance
under this title [42 U.S.C. §§ 5170 et seq.] may be
appealed within 60 days after the date on which the applicant for
such assistance is notified of the award or denial of award of
such assistance.
Period for decision
A
decision regarding an appeal under subsection (a) shall be
rendered within 90 days after the date on which the Federal
official designated to administer such appeals receives notice of
such appeal.
Rules
The President
shall issue rules which provide for the fair and impartial
consideration of appeals under this section.
(Pub.
L. 93-288, title IV, § 423, as added Pub. L. 100-707, title
I, § 106(l), Nov. 23, 1988, 102 Stat. 4705.)
§ 5189B. DATE OF ELIGIBILITY; EXPENSES
INCURRED BEFORE DATE OF DISASTER {Sec. 424}
Eligibility for Federal
assistance under this subchapter shall begin on the date of the
occurrence of the event which results in a declaration by the
President that a major disaster exists; except that reasonable
expenses which are incurred in anticipation of and immediately
preceding such event may be eligible for Federal assistance under
this Act.
(Pub.
L. 93-288, title IV, § 424, as added Pub. L. 100-707, title
I, § 106(l), Nov. 23, 1988, 102 Stat. 4706.)
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Subchapter IV-A--Emergency
Assistance Programs
§ 5191. PROCEDURE FOR DECLARATION {Sec.
501}
Request and declaration
All
requests for a declaration by the President that an emergency
exists shall be made by the Governor of the affected State. Such
a request shall be based on a finding that the situation 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 a part of such request,
and as a prerequisite to emergency assistance under this Act, the
Governor shall take appropriate action under State law and direct
execution of the State's emergency plan. The Governor shall
furnish information describing the State and local efforts and
resources which have been or will be used to alleviate the
emergency, and will define the type and extent of Federal aid
required. Based upon such Governor's request, the President may
declare that an emergency exists.
Certain emergencies involving
Federal primary responsibility
The President may
exercise any authority vested in him by section 502 or section
503 [42 U.S.C. § 5192 or § 5193] with respect to an
emergency when he determines that an emergency exists for which
the primary responsibility for response rests with the United
States because the emergency involves a subject area for which,
under the Constitution or laws of the United States, the United
States exercises exclusive or preeminent responsibility and
authority. In determining whether or not such an emergency
exists, the President shall consult the Governor of any affected
State, if practicable. The President's determination may be made
without regard to subsection (a).
(Pub.
L. 93-288, title V, § 501, as added Pub. L. 100-707, title I,
§ 107(a), Nov. 23, 1988, 102 Stat. 4706.)
§ 5192. Federal emergency assistance
{Sec. 502}
Specified
In any
emergency, the President may--
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 emergency
assistance efforts to save lives, protect property and public
health and safety, and lessen or avert the threat of a
catastrophe;
coordinate all disaster relief
assistance (including voluntary assistance) provided by Federal
agencies, private organizations, and State and local
governments;
provide technical and advisory
assistance to affected State and local governments for--
the performance of essential
community services;
issuance of warnings of risks
or hazards;
public health and safety
information, including dissemination of such information;
provision of health and safety
measures; and
management, control, and
reduction of immediate threats to public health and safety;
provide emergency assistance
through Federal agencies;
remove debris in accordance
with the terms and conditions of section 407 [42 U.S.C. §
5173];
provide assistance in
accordance with section 408 [42 U.S.C. § 5174]; and
[(Pub.L. 106-390, § 206(b), October 30, 2000)]
assist State and local
governments in the distribution of medicine, food, and other
consumable supplies, and emergency assistance.
General
Whenever the
Federal assistance provided under subsection (a) with respect to
an emergency is inadequate, the President may also provide
assistance with respect to efforts to save lives, protect
property and public health and safety, and lessen or avert the
threat of a catastrophe.
(Pub.
L. 93-288, title V, § 502, as added Pub. L. 100-707, title I,
§ 107(a), Nov. 23, 1988, 102 Stat. 4706.)
§ 5193. Amount of assistance {Sec. 503}
Federal share
The
Federal share for assistance provided under this title [42 U.S.C.
§§ 5191 et seq.] shall be equal to not less than 75
percent of the eligible costs.
Limit on amount of assistance
In general
Except as
provided in paragraph (2), total assistance provided under this
title [42 U.S.C. §§ 5191 et seq.] for a single
emergency shall not exceed $5,000,000.
Additional assistance
The
limitation described in paragraph (1) may be exceeded when the
President determines that--
continued emergency assistance
is immediately required;
there is a continuing and
immediate risk to lives, property, public health or safety; and
necessary assistance will not
otherwise be provided on a timely basis.
Report
Whenever the
limitation described in paragraph (1) is exceeded, the President
shall report to the Congress on the nature and extent of
emergency assistance requirements and shall propose additional
legislation if necessary.
(Pub.
L. 93-288, title V, § 503, as added Pub. L. 100-707, title I,
§ 107(a), Nov. 23, 1988, 102 Stat. 4707.)
Subchapter VI---Emergency
Preparedness
SUBCHAPTER VI---EMERGENCY
PREPAREDNESS
[Added by October 5, 1994 , Pub. L. 103-337,
Title VI]
Sec.
601. Declaration of policy.
602.
Definitions.
603. Administration of subchapter.
Powers and Duties
611. Detailed functions of
administration
612. Mutual aid pacts between States and
neighboring countries
613. Contributions for personnel and
administrative expenses
614. Requirement for State matching
funds for construction of emergency operating centers
615.
Use of funds to prepare for and respond to hazards
General Provisions
621. Administrative
authority
622. Security regulations
623. Use of existing
facilities.
624. Annual report to Congress.
625.
Applicability of subchapter.
626. Authorization of
appropriations and transfers of funds.
627. Relations to
Atomic Energy Act of 1954.
628. Federal Bureau of
Investigation.
3412. Repeal of Federal Civil
Defense Act of 1950.
TITLE I--GENERAL PROVISIONS
§ 601. DECLARATION
OF POLICY (42 U.S.C. 5195).
The purpose of this Act is to
provide a system of emergency preparedness for the protection of
life and property in the United States from hazards and to vest
responsibility for emergency preparedness jointly in the Federal
Government and the several States and their political
subdivisions. The Congress recognizes that the organizational
structure established jointly by the Federal Government and the
several States and their political subdivisions for emergency
preparedness purposes can be effectively utilized to provide
relief and assistance to people in areas of the United States
struck by a hazard. The Federal Government shall provide necessary
direction, coordination, and guidance and shall provide necessary
assistance as authorized in this Act so that a comprehensive
emergency preparedness system exists for all hazards.
§ 602. DEFINITIONS
(42 U.S.C. 5195a).
Definitions. For the purposes of
this subchapter only--
Hazard.--The term 'hazard'
means an emergency or disaster resulting from--
a natural disaster; or
an accidental or man-caused
event.
Natural disaster.--The term
"natural disaster" means any hurricane, tornado,
storm, flood, high water, wind-driven water, tidal wave,
tsunami, earthquake, volcanic eruption, landslide, mudslide,
snowstorm, drought, fire, or other catastrophe in any part of
the United States which causes, or which may cause, substantial
damage or injury to civilian property or persons.
Emergency preparedness. The
term 'emergency preparedness' means all those activities and
measures designed or undertaken to minimize the effects of a
hazard upon the civilian population, to deal with the immediate
emergency conditions which would be created by the hazard, and
to effectuate emergency repairs to, or the emergency restoration
of, vital utilities and facilities destroyed or damaged by the
hazard. Such term includes the following:
Measures to be undertaken in
preparation for anticipated hazards (including the
establishment of appropriate organizations, operational plans,
and supporting agreements, the recruitment and training of
personnel, the conduct of research, the procurement and
stockpiling of necessary materials and supplies, the provision
of suitable warning systems, the construction or preparation of
shelters, shelter areas, and control centers, and, when
appropriate, the nonmilitary evacuation of civil population).
Measures to be undertaken
during a hazard (including the enforcement of passive defense
regulations prescribed by duly established military or civil
authorities, the evacuation of personnel to shelter areas, the
control of traffic and panic, and the control and use of
lighting and civil communications).
Measures to be undertaken
following a hazard (including activities for fire fighting,
rescue, emergency medical, health and sanitation services,
monitoring for specific dangers of special weapons, unexploded
bomb reconnaissance, essential debris clearance, emergency
welfare measures, and immediately essential emergency repair or
restoration of damaged vital facilities).
Organizational equipment.--The
term "organizational equipment" means equipment
determined by the Director to be (1) necessary to a
organization, as distinguished from personal equipment, and (2)
of such a type or nature as to require it to be financed in
whole or in part by the Federal Government. It shall not be
construed to include those items which the local community
normally utilizes in combating local disasters except when
required in unusual quantities dictated by the requirements of
the emergency preparedness plans.
Materials.--The word
"materials" shall include raw materials, supplies,
medicines, equipment, component parts and technical information
and processes necessary for emergency preparedness.
Facilities.--The term
"facilities", except as otherwise provided in this
subchapter, shall include buildings, shelters, utilities, and
land.
Director. The term 'Director'
means the Director of the Federal Emergency Management Agency.
Neighboring countries. The term
'neighboring countries' includes Canada and Mexico.
United States and States.--The
terms 'United States' and 'States' includes the several States,
the District of Columbia, and territories and possessions of the
United States.
State.--The term 'State'
includes interstate emergency preparedness authorities
established under section 611(h).
Cross Reference --The terms
'national defense' and 'defense,' as used in the Defense
Production Act of 1950 (50 U.S.C. App. 2061 et seq.), includes
emergency preparedness activities conducted pursuant to this
title.
§603. ADMINISTRATION OF SUBCHAPTER (42
U.S.C. 5195b).
This subchapter shall be carried
out by the Director of the Federal Emergency Management Agency.
POWERS
AND DUTIES
§611. DETAILED FUNCTIONS OF
ADMINISTRATION. (42 U.S.C. 5196).
In General.--In order to carry
out the policy described in section 601, the Director shall have
the authorities provided in this section.
Federal Emergency Response Plans
and Programs.--The Director may prepare Federal response plans
and programs for the emergency preparedness of the United States,
and sponsor and direct such plans and programs. To prepare such
plans and programs and coordinate such plans and programs with
State efforts, the Director may request such reports on State
plans and operations for emergency preparedness as may be
necessary to keep the President, the Congress and the several
States advised of the status of emergency preparedness in the
United States;
Delegation of emergency
preparedness responsibilities.--With the approval of the
President, the Director may delegate to the several departments
and agencies of the Federal Government appropriate emergency
preparedness responsibilities, and review and coordinate the
emergency preparedness activities of the departments and agencies
with each other and with the activities of the States and
neighboring countries.
Communications and
warnings.--The Director may make appropriate provision for
necessary communications and for dissemination of warnings to the
civilian population of an attack or natural disaster;
Emergency preparedness
measures.--The Director may study and develop emergency
preparedness measures designed to afford adequate protection of
life and property, including,
research and studies as to the
best methods of treating the effects of hazards;
developing shelter designs and
materials for protective covering or construction; and
developing equipment or
facilities and effecting the standardization thereof to meet
emergency preparedness requirements;
Training programs.--
The Director may--
conduct or arrange, by
contract or otherwise, for training programs for the
instruction of emergency preparedness officials and other
persons in the organization, operation, and techniques of
emergency preparedness;
conduct or operate schools or
classes, including the payment of travel expenses, in
accordance with subchapter I of chapter 57 of title 5, United
States Code, and the Standardized Government Travel
Regulations, and per diem allowances, in lieu of subsistence
for trainees in attendance or the furnishing of subsistence and
quarters for trainees and instructors on terms prescribed by
the Director; and
provide instructors and
training aids as deemed necessary:
The terms prescribed by the
Director for the payment of travel expenses and per diem
allowances authorized by this subsection shall include a
provision that such payment shall not exceed one-half of the
total cost of such expenses:
The Director may lease real
property required for the purpose of carrying out this
subsection, but may not acquire fee title to property unless
specifically authorized by law;
Public dissemination of
emergency preparedness information.--The Director may publicly
disseminate appropriate emergency preparedness information by all
appropriate means.
Interstate emergency
preparedness compacts.--
The Director may--
assist and encourage the
States to negotiate and enter into interstate emergency
preparedness compacts;
review the terms and
conditions of such proposed compacts in order to assist to the
extent feasible in obtaining uniformity therein and consistency
with the national emergency preparedness plans and programs;
assist and coordinate the
activities under such compacts;
aid and assist in encouraging
reciprocal emergency preparedness legislation by the States
which will permit the furnishing of mutual aid for emergency
preparedness purposes in the event of hazard which cannot be
adequately met or controlled by a State or political
subdivision thereof threatened with or experiencing a hazard.
A copy of each emergency
preparedness compact shall be transmitted promptly to the Senate
and the House of Representatives. The consent of the Congress is
deemed to be granted to each such compact upon the expiration of
the 60-day period beginning on the date on which the compact is
transmitted to Congress.
Nothing in this subsection
shall be construed as preventing Congress from disapproving or
withdrawing at any time its consent to any interstate emergency
preparedness compact;
Materials and facilities.--
The Director may procure by
condemnation or otherwise, construct, lease, transport, store,
maintain, renovate or distribute materials and facilities for
emergency preparedness, with the right to take immediate
possession thereof.
Facilities acquired by
purchase, donation, or other means of transfer may be occupied,
used, and improved for the purposes of this Act subchapter
[sections 2251 to 2303 of this Appendix], prior to the approval
of title by the Attorney General as required by section 355 of
the Revised Statutes, as amended (40 U.S.C. 255).
The Director may lease real
property required for the purpose of carrying out the provisions
of this subsection, but shall not acquire fee title to property
unless specifically authorized by law.
The Director may procure and
maintain under this subsection radiological, chemical,
bacteriological, and biological agent monitoring and
decontamination devices and distribute such devices by loan or
grant to the States for emergency preparedness purposes, under
such terms and conditions as the Director shall prescribe.
Financial contributions.--
The Director may make financial
contributions, on the basis of programs or projects approved by
the Director, to the States for emergency preparedness purposes,
including the, procurement, construction, leasing, or renovating
of materials and facilities. Such contributions shall be made on
such terms or conditions as the Director shall prescribe,
including, but not limited to, the method of purchase, the
quantity, quality, or specifications of the materials or
facilities, and such other factors or care or treatment to
assure the uniformity, availability, and good condition of such
materials or facilities.
No contributions shall be made
for the procurement of land or for the purchase of personal
equipment for State or local emergency preparedness workers.
The amounts authorized to be
contributed by the Director to each State for organizational
equipment shall be equally matched by such State from any source
it determines is consistent with its laws.
Financial contributions to the
States for shelters and other protective facilities shall be
determined by taking the amount of funds appropriated or
available to the Director for such facilities in each fiscal
year and apportioning same among the States in the ratio which
the urban population of the critical target areas (as determined
by the Director) in each State, at the time of the
determination, bears to the total urban population of the
critical target areas of all of the States.
The amounts authorized to be
contributed by the Director to each State for such shelters and
protective facilities shall be equally matched by such State
from any source it determines is consistent with its laws and,
if not matched within a reasonable time, the Director may
reallocate such amounts to other States under the formula
described in paragraph (4). The value of any land contributed by
any State or political subdivision thereof shall be excluded
from the computation of the State share under this subsection.
The amounts paid to any State
under this subsection shall be expended solely in carrying out
the purposes set forth herein and in accordance with State
emergency preparedness programs or projects approved by the
Director. The Director shall make no contribution toward the
cost of any program or project for the procurement,
construction, or leasing of any facility which (A) is intended
for use, in whole or in part, for any purpose other than
emergency preparedness and (B) is of such kind that upon
completion it will, in the judgment of the Director, be capable
of producing sufficient revenue to provide reasonable assurance
of the retirement or repayment of such cost, except that
(subject to the preceding provisions of this subsection) the
Director may make a contribution to any State toward that
portion of the cost of the construction, reconstruction, or
enlargement of any facility which the Director determines to be
directly attributable to the incorporation in such facility of
any feature of construction or design not necessary for the
principal intended purpose thereof but which is, in the judgment
of the Director, necessary for the use of such facility for
emergency preparedness purposes.
The Director shall submit to
Congress a report, at least annually, regarding all
contributions made pursuant to this subsection.
All laborers and mechanics
employed by contractors or subcontractors in the performance of
construction work financed with the assistance of any
contribution of Federal funds made by the Director under the
provisions of this section shall be paid wages at rates not less
than those prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with the Act
of March 3, 1931 (commonly known as the Davis-Bacon Act, (40
U.S.C. 276a-276a-5), and every such employee shall receive
compensation at a rate not less than one and one-half times his
basic rate of pay for all hours worked in any workweek in excess
of eight hours in any workday or forty hours in the workweek, as
the case may be. The Director shall make no contribution of
Federal funds without first obtaining adequate assurance that
these labor standards will be maintained upon the construction
work. The Secretary of Labor shall have, with respect to the
labor standards specified in this proviso, the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950,
(5 U.S.C. App.) and section 2 of the Act of June 13, 1934, (40
U.S.C. 276(c)).
Sale or disposal of certain
materials and facilities.--The Director may arrange for the sale
or disposal of materials and facilities found by the Director to
be unnecessary or unsuitable for emergency preparedness purposes
in the same manner as provided for excess property in the Federal
Property and Administrative Services Act of 1949, (40 U.S.C. 471
et seq.). Any funds received as proceeds from the sale or other
disposition of such materials and facilities shall be deposited
into the Treasury as miscellaneous receipts.
Sec. 612. Mutual aid pacts between States and
neighboring countries. (42 U.S.C. 5196a).
The Director shall give all
practicable assistance to States in arranging, through the
Department of State, mutual emergency preparedness aid between the
States and neighboring countries.
Sec. 613. Contributions for personnel and
administrative expenses. (42 U.S.C. 5196b).
General authority.--To further
assist in carrying out the purposes of this subchapter, the
Director may make financial contributions to the States
(including interstate authorities established pursuant to section
611(h) for necessary and essential State and local emergency
management personnel and administrative expenses, on the basis of
approved plans (which shall be consistent with the Federal
emergency response plans for emergency preparedness) for the
emergency preparedness of the States. The financial contributions
to the States under this section shall not exceed one-half of the
total cost of such necessary and essential State and local
emergency preparedness personnel and administrative expenses.
Plan requirements.--A plan
submitted under this section shall--
provide, pursuant to State law,
that the plan shall be in effect in all political subdivisions
of the State and be mandatory on them, and be administered or
supervised by a single State agency;
provide that the State shall
share the financial assistance with that provided by the Federal
Government under this section from any source determined by it
to be consistent with State law;
provide for the development of
State and local emergency preparedness operational plans,
pursuant to standards approved by the Director,
provide for the employment of a
full-time emergency preparedness director, or deputy director,
by the State;
provide that the State shall
make such reports in such form and content as the Director may
require; and
make available to duly
authorized representatives of the Director and the Comptroller
General, books, records, and papers necessary to conduct audits
for the purposes of this section.
Terms and conditions --The
Director shall establish such other terms and conditions as the
Director considers necessary and proper to carry out this
section.
Application of other
provisions.--In carrying out this section, the provisions of
section 611(h) and 612(h) shall apply.
Allocation of funds.--For each
fiscal year concerned, the Director shall allocate to each State,
in accordance with regulations and the total sum appropriated
under this subchapter, amounts to be made available to the States
for the purposes of this section. Regulations governing
allocations to the States shall give due regard to (1) the
criticality of the target and support areas and the areas which
may be affected by natural disasters with respect to the
development of the total emergency preparedness readiness of the
Nation, (2) the relative state of development of emergency
preparedness readiness of the State, (3) population, and (4) such
other factors as the Director shall prescribe. The Director may
reallocate the excess of any allocation not utilized by a State
in an approvable plan submitted hereunder. Amounts paid to any
State or political subdivision under this section shall be
expended solely for the purposes set forth in this section.
Submission of plan.--If a State
fails to submit a approvable plan for approval as required by
this section within sixty days after the Director notifies the
States of the allocations under this section, the Director may
reallocate such funds, or portions thereof, among the other
States in such amounts as, in the judgment of the Director will
best assure the adequate development of the emergency
preparedness capability of the Nation.
Annual reports.--The Director
shall report annually to the Congress all contributions made
pursuant to this section.
Sec. 614. Requirement for State matching funds
for construction of emergency operating centers. (42 U.S.C.
5196c).
Notwithstanding any other
provision of this subchapter, funds appropriated to carry out this
subchapter may not be used for the purpose of constructing
emergency operating centers (or similar facilities) in any State
unless such State matches in an equal amount the amount made
available to such State under this subchapter for such purpose.
Sec. 615. Use of funds to prepare for and
respond to hazards. (42 U.S.C. 5196d).
Funds made available to the
States under this subchapter may be used by the States for the
purposes of preparing for, and providing emergency assistance in
response to hazards. Regulations prescribed to carry out this
section shall authorize the use of emergency preparedness
personnel, materials, and facilities supported in whole or in part
through contributions under this subchapter for emergency
preparedness activities and measures related to hazards.
General Provisions
Sec. 621. Administrative
authority. (42 U.S.C. 5197).
In General. For the purpose of
carrying out the powers and duties to the Director under this
title, the Director may exercise the administrative authorities
provided under this section.
Advisory personnel.--
The
Director may employ not more than one hundred such part-time or
temporary advisory personnel (including not to exceed twenty-five
subjects of the United Kingdom and the Dominion of Canada) as are
deemed necessary in carrying out the provisions of this
Persons holding other offices
or positions under the United States for which they receive
compensation, while serving as members of such committees, shall
receive no additional compensation for such service. Other
part-time or temporary advisory personnel so employed may serve
without compensation or may receive compensation at a rate not
to exceed $180 for each day of service, as determined by the
Director;
Services of other agency
personnel and volunteers. The Director may
use the services of Federal
agencies and, with the consent of any State or local government,
accept and use the services of State and local civil agencies;
establish and use such regional
and other offices as may be necessary;
use such voluntary and
uncompensated services by individuals or organizations as may
from time to time be needed.;
Gifts.--Notwithstanding any
other provision of law, the Director may accept gifts of
supplies, equipment, and facilities; and utilize use or
distribute same for purposes in accordance with the provisions of
this subchapter.
Reimbursement.--The Director may
reimburse any Federal agency for any of its expenditures or for
compensation of its personnel and use or consumption of its
materials and facilities under this subchapter to the extent
funds are available;
Printing.--The Director may
purchase such printing, binding, and blank-book work from public,
commercial, or private printing establishments or binderies as
the Director may deem necessary upon orders placed by the Public
Printer or upon waivers issued in accordance with section 504 of
title 44, United States Code.
Rules and regulations.--The
Director may prescribe such rules and regulations as may be
necessary and proper to carry out any of the provisions of this
subchapter, and perform any of the powers and duties provided by
this subchapter through or with the aid of such officials of the
Federal Emergency Management Agency as the Director may
designate.
Failure to expend contributions
correctly.-- When, after reasonable notice and opportunity for
hearing to the State or other person involved, the Director finds
that there is a failure to expend funds in accordance with the
regulations, terms, and conditions established under this
subchapter for approved emergency preparedness plans, programs,
or projects, the Director may notify such State or person that
further payments will not be made to the State or person from
appropriations under this subchapter (or from funds otherwise
available for the purposes of this subchapter for any approved
plan, program, or project with respect to which there is such
failure to comply) until the Director is satisfied that there
will no longer be any such failure.
Until so satisfied, the
Director shall either withhold the payment of any financial
contribution to such State or person or limit payments to those
programs or projects with respect to which there is substantial
compliance with the regulations, terms, and conditions governing
plans, programs, or projects hereunder.:
As used in this subsection, the
term 'person' means the political subdivision of any State or
combination or group thereof or any person, corporation,
association, or other entity of any nature whatsoever, including
instrumentalities of States and political subdivisions.
§ 622. Security Regulations. (42 U.S.C.
5197a).
Establishment. The Director
shall establish such security requirements and safeguards,
including restrictions with respect to access to information and
property as the Director deems necessary.
Limitation on Employee access to
information.--No employee of the Federal Emergency Management
Agency shall be permitted to have access to information or
property with respect to which access restrictions have been
established under this section, until it shall have been
determined that no information is contained in the files of the
Federal Bureau of Investigation or any other investigative agency
of the Government indicating that such employee is of
questionable loyalty or reliability for security purposes, or if
any such information is so disclosed, until the Federal Bureau of
Investigation shall have conducted a full field investigation
concerning such person and a report thereon shall have been
evaluated in writing by the Director.
National Security Positions.--No
employee of the Federal Emergency Management Agency shall occupy
any position determined by the Director to be of critical
importance from the standpoint of national security until a full
field investigation concerning such employee shall have been
conducted by the Director of the Office of Personnel Management
and a report thereon shall have been evaluated in writing by the
Director of the Federal Emergency Management Agency. In the event
such full field investigation by the Office of Personnel
Management develops any data reflecting that such applicant for a
position of critical importance is of questionable loyalty or
reliability for security purposes, or if the Director of the
Federal Emergency Management Agency for any other reason shall
deem it to be advisable, such investigation shall be discontinued
and a report thereon shall be referred to the Director of the
Federal Emergency Management Agency for evaluation in writing.
Thereafter the Director of the Federal Emergency Management
Agency may refer the matter to the Federal Bureau of
Investigation for the conduct of a full field investigation by
such Bureau. The result of such latter investigation by such
Bureau shall be furnished to the Director of the Federal
Emergency Management Agency for action.
Employee Oaths.--Each Federal
employee of the Federal Emergency Management Agency, except the
subjects of the United Kingdom and the Dominion of Canada
specified in section 621(b) of this subchapter shall execute the
loyalty oath or appointment affidavits prescribed by the Director
of the Office of Personnel Management. Each person other than a
Federal employee who is appointed to serve in a State or local
organization for shall before entering upon his duties, take an
oath in writing before a person authorized to administer oaths,
which oath shall be substantially as follows:
"I,
____________________, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States against
all enemies, foreign and domestic; that I will bear true faith
and allegiance to the same; that I take this obligation freely,
without any mental reservation or purpose of evasion; and that I
will well and faithfully discharge the duties upon which I am
about to enter. "And I do further swear (or affirm) that I
do not advocate, nor am I a member or an affiliate of any
organization, group, or combination of persons that advocates the
overthrow of the Government of the United States by force or
violence; and that during such time as I am a member of the (name
of emergency preparedness organization), I will not advocate nor
become a member or an affiliate of any organization, group, or
combination of persons that advocates the overthrow of the
Government of the United States by force or violence."
After
appointment and qualification for office, the director of
emergency preparedness of any State, and any subordinate
emergency preparedness officer within such State designated by
the director in writing, shall be qualified to administer any
such oath within such State under such regulations as the
director shall prescribe. Any person who shall be found guilty of
having falsely taken such oath shall be punished as provided in
section 1621 of Title 18, United States Code .
§ 623. USE OF EXISTING FACILITIES (42
U.S.C. 5197b).
In performing duties under this
subchapter, the Director--
shall cooperate with the various
departments and agencies of the Government;
shall use, to the maximum
extent, the existing facilities and resources of the Federal
Government, and, with their consent, the facilities and resources
of the States and local political subdivisions thereof, and of
other organizations and agencies; and
shall refrain from engaging in
any form of activity which would duplicate or parallel activity
of any other Federal department or agency unless the Director,
with the written approval of the President, shall determine that
such duplication is necessary to accomplish the purposes of this
subchapter.
§ 624. ANNUAL REPORT TO CONGRESS (42
U.S.C. 5197c)
The Director shall annually
submit a written report to the President and Congress covering
expenditures, contributions, work, and accomplishments of the
Federal Emergency Management Agency, pursuant to this subchapter,
accompanied by such recommendations as the Director considers
appropriate.
§ 625. APPLICABILITY OF SUBCHAPTER. (42
U.S.C. 5197d).
The provisions of this subchapter
shall be applicable to the United States, its States, Territories
and possessions, and the District of Columbia, and their political
subdivisions.
§ 626. AUTHORIZATION OF APPROPRIATIONS
AND TRANSFER OF FUNDS.(42 U.S.C. 5197e).
There are authorized to be
appropriated such sums as may be necessary to carry out the
provisions of this subchapter.
Funds made available for the
purposes of this subchapter may be allocated or transferred for
any of the purposes of this subchapter, with the approval of the
Office of Management and Budget, to any agency or government
corporation designated to assist in carrying out this subchapter.
Each such allocation or transfer shall be reported in full detail
to the Congress within thirty days after such allocation or
transfer.
§ 627. Relations to Atomic Energy Act of
1954. (42 U.S.C. 5197f).
Nothing in this subchapter shall
be construed to amend or modify the provisions of the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.)
§ 628. Federal Bureau of Investigation.
(42 U.S.C. 5197g).
Nothing in this subchapter shall
be construed to authorize investigations of espionage, sabotage,
or subversive acts by any persons other than personnel of the
Federal Bureau of Investigation.
Subchapter VII--Miscellaneous
§ 5201. Rules and regulations {Sec.701}
The President may prescribe
such rules and regulations as may be necessary and proper to
carry out any of the provisions of this Act, and he may exercise
any power or authority conferred on him by any section of this
Act either directly or through such Federal agency or agencies
as he may designate.
Deadline for payment of
assistance. Rules and regulations authorized by paragraph (1)
shall provide that payment of any assistance under this Act to a
State shall be completed within 60 days after the date of
approval of such assistance.
In furtherance of the purposes
of this Act, the President or his delegate may accept and use
bequests, gifts, or donations of service, money, or property,
real, personal, or mixed, tangible, or intangible. All sums
received under this subsection shall be deposited in a separate
fund on the books of the Treasury and shall be available for
expenditure upon the certification of the President or his
delegate. At the request of the President or his delegate, the
Secretary of the Treasury may invest and reinvest excess monies
in the fund. Such investments shall be in public debt securities
with maturities suitable for the needs of the fund and shall bear
interest at rates determined by the Secretary of the Treasury,
taking into consideration current market yields on outstanding
marketable obligations of the United States of comparable
maturities. The interest on such investments shall be credited
to, and form a part of, the fund.
(Pub.
L. 93-288, title VI, § 601, May 22, 1974, 88 Stat. 163; Pub.
L. 96-446, Oct, 13, 1980, 94 Stat. 1893; Pub. L. 100-707, title I,
§ 108(a), Nov. 23, 1988, 102 Stat. 4707.)
§ 5202. REPEALED. Pub. L. 100-707, title
I, § 108(c), Nov. 23, 1988, 102 Stat. 4708
Section, Pub. L. 93-288, title
VI, § 606, May 22, 1974, 88 Stat. 164; Pub. L. 95-51, §
1, June 20, 1977, 91 Stat. 233; Pub. L. 96-568, § 2, Dec. 22,
1980, 94 Stat. 3334, authorized the appropriations of such sums as
necessary to carry out this chapter through the close of Sept. 30,
1981.
§ 5203. EXCESS DISASTER ASSISTANCE
PAYMENTS AS BUDGETARY EMERGENCY REQUIREMENTS
Beginning in fiscal year 1993,
and in each year thereafter, notwithstanding any other
provision of law, all amounts appropriated for disaster
assistance payments under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that
are in excess of either the historical annual average obligation
of $320,000,000, or the amount submitted in the President's
initial budget request, whichever is lower, shall be considered as
"emergency requirements" pursuant to section
901(b)(2)(D) of title 2, and such amounts shall hereafter be
so designated.
(Dec.
12, 1991, Pub. L. 102-229, Title I, Ch. II, 105 Stat. 1711.)
[This
section was enacted as part of the Dire Emergency Supplemental
Appropriations and Transfers for Relief from the Effects of
Natural Disaster, of Other Urgent Needs, and for Incremental Cost
of 'Operation Desert Shield/ Desert Storm' Act of 1992, and not as
part of the Stafford Act].
§ 5204. DEFINITIONS RELATING TO INSULAR
AREAS DISASTER SURVIVAL AND RECOVERY. {Sec. 702}
As used in this title--
the term "insular area"
means any of the following: American Samoa, the Federated
States of Micronesia, Guam, the Marshall Islands, the Northern
Mariana Islands, the Trust Territory of the Pacific Islands,
and the Virgin Islands;
the term "disaster"
means a declaration of a major disaster by the President after
September 1, 1989, pursuant to section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170); and
the term "Secretary"
means the Secretary of the Interior.
Source:
Feb. 24, 1992, Pub. L. 102-247, Title II, § 201, 106 Stat.
37.
§ 5204a. AUTHORIZATION OF APPROPRIATIONS
FOR INSULAR AREAS DISASTER RECOVERY. {Sec. 703}
There are hereby authorized to be
appropriated to the Secretary such sums as may be necessary to--
reconstruct essential public
facilities damaged by disasters in the insular areas that
occurred prior to the date of the enactment of this Act; and
enhance the survivability of
essential public facilities in the event of disasters in the
insular areas, except that with respect to the disaster declared
by the President in the case of Hurricane Hugo, September 1989,
amounts for any fiscal year shall not exceed 25 percent of the
estimated aggregate amount of grants to be made under sections
403 and 406 of The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170b, 5172) for such
disaster. Such sums shall remain available until expended.
Source:
Feb. 24, 1992, Pub. L. 102-247, Title II, § 202, 106 Stat.
37.
§ 5204b. TECHNICAL ASSISTANCE FOR INSULAR
AREAS DISASTER RECOVERY. {Sec. 704}
Upon the declaration by the
President of a disaster in an insular area, the President, acting
through the Director shall assess, in cooperation with the
Secretary and chief executive of such insular area, the
capability of the insular government to respond to the disaster,
including the capability to assess damage; coordinate activities
with Federal agencies, particularly the Federal Emergency
Management Agency; develop recovery plans, including
recommendations for enhancing the survivability of essential
infrastructure; negotiate and manage reconstruction
contracts; and prevent the misuse of funds. If the President
finds that the insular government lacks any of these or other
capabilities essential to the recovery effort, then the
President shall provide technical assistance to the
insular area which the President deems necessary for the recovery
effort.
One year following the
declaration by the President of a disaster in an insular area,
the Secretary, in consultation with the Director shall submit to
the Senate Committee on Energy and Natural Resources and the
House Committee on Interior and Insular Affairs a report on the
status of the recovery effort, including an audit of Federal
funds, expended in the recovery effort and recommendations
on how to improve public health and safety, survivability of
infrastructure, recovery efforts, and effective use of funds in
the event of future disasters.
Source:
Feb. 24, 1992, Pub. L. 102-247, Title II, § 203, 106 Stat.
37.
§ 5204c. LIMITATION ON AMOUNT OF
CONTRIBUTIONS FOR HAZARD MITIGATION; LOCAL MATCH.
The total of contributions under
the last sentence of section 404 of The Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) for
the insular areas shall not exceed 10 percent of the estimated
aggregate amounts of grants to be made under sections 403, 406,
407, 408, and 411 of such Act [42 U.S.C. 5170c, 5172, 5173, 5174,
5178] for any disaster: Provided, That the President shall require
a 50 percent local match for assistance in excess of 10 percent of
the estimated aggregate amount of grants to be made under section
406 of such Act for any disaster.
Source:
Feb. 24, 1992, Pub. L. 102-247, Title II, § 204, 106 Stat.
38.
[Note:
Sections 5204, 5204a, 5204b, and 5204c were enacted as part of the
Omnibus Insular Areas Act of 1992 and not as part of the Stafford
Act].
§ 5205. DISASTER GRANT CLOSEOUT
PROCEDURES. [Sec. 705]
Statute of Limitations.-
In general.--Except as provided
in paragraph (2), no administrative action to recover any
payment made to a State or local government for disaster or
emergency assistance under this Act shall be initiated in any
forum after the date that is 3 years after the date of
transmission of the final expenditure report for the disaster or
emergency.
Fraud exception.--The
limitation under paragraph (1) apply unless there is evidence of
civil or criminal fraud.
Rebuttal of Presumption of
Record Maintenance.-
In general.--In any dispute
arising under this section after the date that is 3 years after
the date of transmission of the final expenditure report for the
disaster or emergency, there shall be a presumption that
accounting records were maintained that adequately identify the
source and application of funds provided for financially
assisted activities.
Affirmative evidence.--The
presumption described in paragraph (1) may be rebutted only on
production of affirmative evidence that the State or local
government did not maintain documentation described in that
paragraph.
Inability to produce
documentation.--The inability of the Federal, State, or local
government to produce source documentation supporting
expenditure reports later than 3 years after the date of
transmission of the final expenditure report shall not
constitute evidence to rebut the presumption described in
paragraph (1).
Right of access.--The period
during which the Federal, State, or local government has the
right to access source documentation shall not be limited to the
required 3- retention period referred to in paragraph (3), but
shall last as long as the records are maintained.
Binding Nature of Grant
Requirements.--A State or local government shall not be liable
for reimbursement or any other penalty any payment made under
this Act if-
the payment was authorized by
an approved agreement specifying the costs;
the costs were reasonable; and
the purpose of the grant was
accomplished.
(Section
304, Disaster Mitigation Act of 2000, Pub.L. 106-390, October 30,
2000, 114 Stat. 1573)
§ 5206. BUY AMERICAN. [Sec. 306.]
Compliance With Buy American
Act.--No funds authorized to be appropriated under this Act or
any amendment made by this Act may be expended by an entity
unless the entity, in expending the funds, complies with the Buy
American Act (41 U.S.C. 10a et seq.).
Debarment of Persons Convicted
of Fraudulent Use of “Made in America" Labels.-
In general.--If the Director of
the Federal Emergency Management Agency determines that a person
has been convicted of intentionally affixing a label bearing a
“Made in America" inscription to any product sold in
or shipped to the United States that is not made in America, the
Director shall determine, not later than 90 days after
determining that the person has been so convicted, whether the
person should be debarred from contracting under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
Definition of debar.--In this
subsection, the term “debar" has the meaning given
the term in section 2393(c) of title 10, United States Code.
(Section
306, Disaster Mitigation Act of 2000, P.L. 106-390, 114 Stat.
1574).
§§
5207 to 5300. Reserved.
[NOTE:
The following sections 305 and 307, enacted in Pub. L. 106-390,
are not part of the Stafford Act]
[The
following section, enacted as § 305 of Pub. L. 106-390, is
part of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b), and is not part of the Stafford Act]
SEC. 305. PUBLIC SAFETY OFFICER
BENEFITS FOR CERTAIN FEDERAL AND STATE EMPLOYEES.
In General.--Section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796b) is amended by striking paragraph (7) and inserting the
following:
‘public safety officer'
means--
an individual serving a public
agency in an official capacity, with or without compensation,
as a law enforcement officer, as a firefighter, or as a member
of a rescue squad or ambulance crew;
an employee of the Federal
Emergency Management Agency who is performing official duties
of the Agency in an area, if those official duties--
are related to a major
disaster or emergency that has been, or is later, declared to
exist with respect to the area under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.); and
are determined by the
Director of the Federal Emergency Management Agency to be
hazardous duties; or
an employee of a State, local,
or tribal emergency management or civil defense agency who is
performing official duties in cooperation with the Federal
Emergency Management Agency in an area, if those official
duties--
are related to a major
disaster or emergency that has been, or is later, declared to
exist with respect to the area under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.); and
are determined by the head of
the agency to be hazardous duties.
Effective
Date.--The amendment made by subsection (a) applies only to
employees described in subparagraphs (B) and (C) of section
1204(7) of the Omnibus Crime Control and Safe Streets Act of
1968 (as amended by subsection (a)) who are injured or who die
in the line of duty on or after the date of enactment of this
Act.
[NOTE:
U.S. Code codifiers have not codified the following section]
SEC. 307. TREATMENT OF CERTAIN
REAL PROPERTY.
(a) In General.--Notwithstanding
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002
et seq.), or any other provision of law, or any flood risk zone
identified, delineated, or established under any such law (by
flood insurance rate map or otherwise), the real property
described in subsection (b) shall not be considered to be, or to
have been, located in any area having special flood hazards
(including any floodway or floodplain).
Real Property.--The real
property described in this subsection is all land and
improvements on the land located in the Maple Terrace
Subdivisions in the city of Sycamore, DeKalb County, Illinois,
including--
Maple Terrace Phase I;
Maple Terrace Phase II;
Maple Terrace Phase III Unit 1;
Maple Terrace Phase III Unit 2;
Maple Terrace Phase III Unit 3;
Maple Terrace Phase IV Unit 1;
Maple Terrace Phase IV Unit 2;
and
Maple Terrace Phase IV Unit 3.
Revision of Flood Insurance Rate
Lot Maps.--As soon as practicable after the date of enactment of
this Act, the Director of the Federal Emergency Management Agency
shall revise the appropriate flood insurance rate lot maps of the
agency to reflect the treatment under subsection (a) of the real
property described in subsection (b).
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