Rober T. Stafford Disaster Relief and Emergency Assistance

Appendix B

“Robert T. Stafford Disaster
Relief and Emergency
Assistance Act”
P.L. 93-288, as amended
(As of September 1, 1999)

APPENDIX B
TABLE OF CONTENTS
SUBCHAPTER I¾FINDINGS, DECLARATIONS, AND
DEFINITIONS ............................................................. B-1
§5121.
§5122.

Congressional findings and declarations .................... B-1
Definitions ............................................................. B-2

SUBCHAPTER II¾DISASTER PREPAREDNESS
ASSISTANCE .............................................................. B-4
§5131.
§5132.

Federal and State disaster preparedness
program ............................................................... B-4
Disaster warnings .................................................. B-6

SUBCHAPTER III¾MAJOR DISASTER AND EMERGENCY
ASSISTANCE ADMINISTRATION ................................. B-7
§5141.
§5142.
§5143.
§5144.
§5145.
§5146.
§5147.
§5148.
§5149.
§5150.
§5151.
§5152.
§5153.

Waiver of administrative conditions .......................... B-7
Repealed ............................................................... B-7
Coordinating officers .............................................. B-7
Emergency support teams ..................................... B-8
Repealed ............................................................... B-9
Repealed ............................................................... B-9
Reimbursement of federal agencies ........................ B-9
Nonliabiliity of Federal Government .......................... B-9
Performance of services ........................................ B-9
Use of local firms and individuals ............................B-10
Nondiscrimination in disaster assistance .................. B-11
Use and coordination of relief organizations .............B-11
Priority to certain applications for public
facility and public housing assistance ...................... B-12
§5154. Insurance ............................................................B-13
§5154a. Prohibited flood disaster assistance ........................B-14
§5155. Duplication of benefits ........................................... B-16
§5156. Standards and reviews .......................................... B-18
§5157. Penalties ..............................................................B-18
§5158. Availability of materials .......................................... B-19

B-ii
§5159.
§5160.
§5161.
§5162.
§5163.
§5164.

APPENDIX B - STAFFORD ACT

Protection of environment .....................................B-19
Recovery of assistance .........................................B-20
Audits and investigations .......................................B-20
Advance of Non-Federal Share .............................. B-21
Limitation on use of sliding scales ...........................B-22
Rules and regulations ............................................ B-22

SUBCHAPTER IV¾MAJOR DISASTER ASSISTANCE
PROGRAMS ............................................................... B-22
§5170.
§5170a.
§5170b.
§5170c.
§5171.
§5172.
§5173.
§5174.
§5175.
§5176.
§5177.
§5178.
§5179.
§5180.
§5181.
§5182.
§5183.
§5184.
§5185.
§5186.
§5187.
§5188.

Procedure for declaration ......................................B-22
General Federal Assistance ....................................B-23
Essential Assistance .............................................. B-24
Hazard Mitigation ..................................................B-27
Federal facilities ....................................................B-29
Repair, restoration, and replacement of damaged
facilities ................................................................B-29
Debris removal .....................................................B-35
Temporary housing assistance ............................... B-35
Repealed ..............................................................B-39
Minimum standards for public and private
structures ............................................................B-39
Unemployment assistance ....................................B-40
Individual and family grant programs ..................... B-41
Food coupons and distribution ................................ B-42
Food commodities ................................................B-43
Relocation assistance ............................................ B-43
Legal services ....................................................... B-43
Crisis counseling assistance and training .................. B-44
Community disaster loans .....................................B-44
Emergency communications .................................. B-44
Emergency public transportation ............................B-45
Fire suppression grants .........................................B-45
Timber sale contracts ........................................... B-45

APPENDIX B - STAFFORD ACT

B-iii

§5189. Simplified procedure .............................................. B-46
§5189a. Appeals of assistance decisions .............................. B-47
§5189b. Date of eligibility; expenses incurred
before date of disaster .........................................B-47

SUBCHAPTER IV-A¾EMERGENCY ASSISTANCE
PROGRAMS ............................................................... B-48
§5191.
§5192.
§5193.

Procedure for declaration ......................................B-48
Federal emergency assistance ............................... B-49
Amount of assistance ........................................... B-50

SUBCHAPTER IV-B¾EMERGENCY PREPAREDNESS ...... B-51
§5195.
§5195a.
§5195b.
§5196.
§5196a.
§5196b.
§5196c.
§5196d.
§5197.
§5197a.
§5197b.
§5197c.
§5197d.
§5197e.
§5197f.
§5197g.

Declaration of policy .............................................. B-51
Definitions ............................................................B-51
Administration of subchapter ................................. B-54
Detailed functions of administration ........................B-54
Mutual aid pacts between States and
neighboring countries ............................................ B-60
Contributions for personnel and administrative
expenses .............................................................B-61
Requirement for State matching funds for construction
of emergency operating centers ............................B-63
Use of funds to prepare for and respond to
hazards ...............................................................B-63
Administrative authority .........................................B-63
Security regulations ............................................... B-66
Use of existing facilities .........................................B-68
Annual report to Congress .....................................B-68
Applicability of subchapter ......................................B-69
Authorization of appropriations and transfers of
funds ................................................................... B-69
Relation to Atomic Energy Act of 1954 ................... B-69
Federal Bureau of Investigation .............................B-69

B-iv

APPENDIX B - STAFFORD ACT

SUBCHAPTER V¾MISCELLANEOUS ............................ B-70
§5201.
§5202.
§5203.

Rules and regulations; acceptance of gifts .............B-70
Repealed ..............................................................B-71
Excess disaster assistance payments as
budgetary emergency requirements ...................... B-71
§5204. Insular areas disaster survival and recovery;
definitions .............................................................B-71
§5204a. Authorization of appropriations for insular
areas ................................................................... B-72
§5204b. Technical assistance for insular areas ..................... B-72
§5204c. Hazard mitigation for insular areas .........................B-73

APPENDIX B - STAFFORD ACT

B-v

CROSS-REFERENCE TABLE
STAFFORD ACT SECTION NUMBERS TO U.S. CODE
SECTIONS

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APPENDIX B - STAFFORD ACT

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UNITED STATES CODE
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68¾DISASTER RELIEF

SUBCHAPTER I¾FINDINGS, DECLARATIONS, AND
DEFINITIONS
{101} §5121. Congressional findings and
declarations
(a) The Congress hereby finds and declares that—
(1) because disasters often cause loss of life, human
suffering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of
governments and communities, and adversely affect
individuals and families with great severity; special measures,
designed to assist the efforts of the affected States in
expediting the rendering of aid, assistance, and emergency
services, and the reconstruction and rehabilitation of
devastated areas, are necessary.
(b) It is the intent of the Congress, by this chapter, to provide an
orderly and continuing means of assistance by the Federal
Government to State and local governments in carrying out their
responsibilities to alleviate the suffering and damage which result
from such disasters by—
(1) revising and broadening the scope of existing disaster relief
programs;
(2) encouraging the development of comprehensive disaster
preparedness and assistance plans, programs, capabilities,
and organizations by the States and by local governments;

B-2

APPENDIX B - STAFFORD ACT

(3) achieving greater coordination and responsiveness of
disaster preparedness and relief programs;
(4) encouraging individuals, States, and local governments to
protect themselves by obtaining insurance coverage to
supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses
from disasters, including development of land use and
construction regulations; and
(6) providing Federal assistance programs for both public and
private losses sustained in disasters
(7) Repealed. Pub.L. 100-707, Title I, 103(a)(1), Nov. 23,
1988, 102 Stat. 4689
{102} §5122. Definitions
As used in this chapter—
(1) Emergency—”Emergency” means any occasion or instance
for which, in the determination of the President, Federal
assistance is needed to supplement State and local efforts and
capabilities to save lives and to protect property and public
health and safety, or to lessen or avert the threat of a
catastrophe in any part of the United States.
(2) Major disaster—”Major disaster” means any natural
catastrophe (including any hurricane, tornado, storm, high
water, wind-driven water, tidal wave, tsunami, earthquake,
volcanic eruption, landslide, mudslide, snowstorm, or drought),
or, regardless of cause, any fire, flood, or explosion, in any
part of the United States, which in the determination of the
President causes damage of sufficient severity and magnitude
to warrant major disaster assistance under this chapter to

APPENDIX B - STAFFORD ACT

B-3

supplement the efforts and available resources of States, local
governments, and disaster relief organizations in alleviating the
damage, loss, hardship, or suffering caused thereby.
(3) “United States” means the fifty States, the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, and the Trust Territory
of the Pacific Islands.
(4) “State” means any State of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, or the Trust Territory of
the Pacific Islands.
(5) “Governor” means the chief executive of any State.
(6) “Local government” means (A) any county, city, village,
town, district, or other political subdivision of any State, any
Indian tribe or authorized tribal organization, or Alaska Native
village or organization, and (B) includes any rural community or
unincorporated town or village or any other public entity for
which an application for assistance is made by a State or
political subdivision thereof.
(7) “Federal agency” means any department, independent
establishment, Government corporation, or other agency of the
executive branch of the Federal Government, including the
United States Postal Service, but shall not include the American
National Red Cross.
(8) Public facility—”Public facility” means the following facilities
owned by a State or local government:
(A) Any flood control, navigation, irrigation, reclamation,
public power, sewage treatment and collection, water
supply and distribution, watershed development, or airport
facility.

B-4

APPENDIX B - STAFFORD ACT

(B) Any non-Federal-aid street, road, or highway.
(C) Any other public building, structure, or system, including
those used for educational, recreational, or cultural
purposes.
(D) Any park.
(9) Private nonprofit facility—”Private nonprofit facility” means
private nonprofit educational, utility, 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.
SUBCHAPTER II¾DISASTER PREPAREDNESS ASSISTANCE
{201} §5131. Federal and State disaster preparedness
program
(a) Utilization of services of other agencies. The President is
authorized to establish a program of disaster preparedness that
utilizes services of all appropriate agencies and includes—
(1) preparation of disaster preparedness plans for mitigation,
warning, emergency operations, rehabilitation, and recovery;
(2) training and exercises;
(3) postdisaster critiques and evaluations;
(4) annual review of programs;
(5) coordination of Federal, State, and local preparedness
programs;

APPENDIX B - STAFFORD ACT

B-5

(6) application of science and technology;
(7) research.
(b) Technical assistance for development of plans and programs.
The President shall provide technical assistance to the States in
developing comprehensive plans and practicable programs for
preparation against disasters, including hazard reduction,
avoidance, and mitigation; for assistance to individuals,
businesses, and State and local governments following such
disasters; and for recovery of damaged or destroyed public and
private facilities.
(c) Grants to states for development of plans and programs. Upon
application by a State, the President is authorized to make grants,
not to exceed in the aggregate to such State $250,000, for the
development of plans, programs, and capabilities for disaster
preparedness and prevention. Such grants shall be applied for
within one year from May 22, 1974. Any State desiring financial
assistance under this section shall designate or create an agency to
plan and administer such a disaster preparedness program, and
shall, through such agency, submit a State plan to the President,
which shall—
(1) set forth a comprehensive and detailed State program for
preparation against and assistance following, emergencies and
major disasters, including provisions for assistance to
individuals, businesses, and local governments; and
(2) include provisions for appointment and training of
appropriate staffs, formulation of necessary regulations and
procedures and conduct of required exercises.
(d) Grants for improvement, maintenance, and updating of State
plans. The President is authorized to make grants not to exceed 50
per centum of the cost of improving, maintaining and updating
State disaster assistance plans, including evaluations of natural

B-6

APPENDIX B - STAFFORD ACT

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.
{202} §5132. Disaster warnings
(a) Readiness of federal agencies to issue warnings to state and
local officials. The President shall insure that all appropriate
Federal agencies are prepared to issue warnings of disasters to
State and local officials.
(b) Technical assistance to state and local governments for
effective warnings. The President shall direct appropriate Federal
agencies to provide technical assistance to State and local
governments to insure that timely and effective disaster warning is
provided.
(c) Warnings to governmental authorities and public endangered
by disaster. The President is authorized to utilize or to make
available to Federal, State, and local agencies the facilities of the
civil defense communications system established and maintained
pursuant to section 5196(c) of this title, or any other Federal
communications system for the purpose of providing warning to
governmental authorities and the civilian population in areas
endangered by disasters.
(d) Agreements with commercial communications systems for use
of facilities. The President is authorized to enter into agreements
with the officers or agents of any private or commercial
communications systems who volunteer the use of their systems
on a reimbursable or nonreimbursable basis for the purpose of
providing warning to governmental authorities and the civilian
population endangered by disasters.

APPENDIX B - STAFFORD ACT

B-7

SUBCHAPTER III¾MAJOR DISASTER AND EMERGENCY
ASSISTANCE ADMINISTRATION
{301} §5141. Waiver of administrative conditions
Any Federal agency charged with the administration of a Federal
assistance program may, if so requested by the applicant State or
local authorities, modify or waive, for a major disaster, such
administrative conditions for assistance as would otherwise prevent
the giving of assistance under such programs if the inability to
meet such conditions is a result of the major disaster.
§5142. Repealed.
Pub.L. 100-707, Title I, 105(a)(2), Nov. 23, 1988, 102 Stat. 4691
{302} §5143. Coordinating officers
(a) Appointment of Federal coordinating officer. Immediately upon
his declaration of a major disaster or emergency, the President
shall appoint a Federal coordinating officer to operate in the
affected area.
(b) Functions of federal coordinating officer. In order to effectuate
the purposes of this chapter, the Federal coordinating officer, within
the affected area, shall—
(1) make an initial appraisal of the types of relief most urgently
needed;
(2) establish such field offices as he deems necessary and as
are authorized by the President;

B-8

APPENDIX B - STAFFORD ACT

(3) coordinate the administration of relief, including activities of
the State and local governments, the American National Red
Cross, the Salvation Army, the Mennonite Disaster Service, and
other relief or disaster assistance organizations, which agree to
operate under his advice or direction, except that nothing
contained in this chapter shall limit or in any way affect the
responsibilities of the American National Red Cross under the
Act of January 5, 1905, as amended (33 Stat. 599) [36 U.S.C.
1 et seq.]; and
(4) take such other action, consistent with authority delegated
to him by the President, and consistent with the provisions of
this chapter, as he may deem necessary to assist local citizens
and public officials in promptly obtaining assistance to which
they are entitled.
(c) State coordinating officer. When the President determines
assistance under this chapter is necessary, he shall request that the
Governor of the affected State designate a State coordinating
officer for the purpose of coordinating State and local disaster
assistance efforts with those of the Federal Government.
{303} §5144. Emergency support teams
The President shall form emergency support teams of Federal
personnel to be deployed in an area affected by a major disaster
or emergency. Such emergency support teams shall assist the
Federal coordinating officer in carrying out his responsibilities
pursuant to this chapter. Upon request of the President, the head
of any Federal agency is directed to detail to temporary duty with
the emergency support teams on either a reimbursable or
nonreimbursable basis, as is determined necessary by the
President, such personnel within the administrative jurisdiction of
the head of the Federal agency as the President may need or
believe to be useful for carrying out the functions of the
emergency support teams, each such detail to be without loss of
seniority, pay, or other employee status.

APPENDIX B - STAFFORD ACT

B-9

§5145. Repealed.
Pub.L. 100-707, Title I, 105(d), Nov. 23, 1988, 102 Stat. 4691
§5146. Repealed.
Pub.L. 100-707, Title I, 105(d), Nov. 23, 1988, 102 Stat. 4691
{304} §5147. Reimbursement of federal agencies
Federal agencies may be reimbursed for expenditures under this
chapter from funds appropriated for the purposes of this chapter.
Any funds received by Federal agencies as reimbursement for
services or supplies furnished under the authority of this chapter
shall be deposited to the credit of the appropriation or
appropriations currently available for such services or supplies.
{305} §5148. Nonliability of Federal Government
The Federal Government shall not be liable for any claim based
upon the exercise or performance of or the failure to exercise or
perform a discretionary function or duty on the part of a Federal
agency or an employee of the Federal Government in carrying out
the provisions of this chapter.
{306} §5149. Performance of services
(a) Utilization of services or facilities of state and local governments.
In carrying out the purposes of this chapter, any Federal agency is
authorized to accept and utilize the services or facilities of any State
or local government, or of any agency, office, or employee thereof,
with the consent of such government.

B-10

APPENDIX B - STAFFORD ACT

(b) Appointment of temporary personnel, experts, and consultants;
acquisition, rental, or hire of equipment, services, materials and
supplies. In performing any services under this chapter, any Federal
agency is authorized—
(1) to appoint and fix the compensation of such temporary
personnel as may be necessary, without regard to the
provisions of Title 5 governing appointments in competitive
service;
(2) to employ experts and consultants in accordance with the
provisions of section 3109 of such Title, without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
such Title relating to classification and General Schedule pay
rates; and
(3) to incur obligations on behalf of the United States by
contract or otherwise for the acquisition, rental, or hire of
equipment, services, materials, and supplies for shipping,
drayage, travel, and communications, and for the supervision
and administration of such activities. Such obligations,
including obligations arising out of the temporary employment
of additional personnel, may be incurred by an agency in such
amount as may be made available to it by the President.
{307} §5150. Use of local firms and individuals
In the expenditure of Federal funds for debris clearance, distribution
of supplies, reconstruction, and other major disaster or emergency
assistance activities which may be carried out by contract or
agreement with private organizations, firms, or individuals,
preference shall be given, to the extent feasible and practicable, to
those organizations, firms, and individuals residing or doing
business primarily in the area affected by such major disaster or
emergency. This section shall not be considered to restrict the use
of Department of Defense resources in the provision of major
disaster assistance under this chapter.

APPENDIX B - STAFFORD ACT

B-11

{308} §5151. Nondiscrimination in disaster assistance
(a) Regulations for equitable and impartial relief operations. The
President shall issue, and may alter and amend, such regulations
as may be necessary for the guidance of personnel carrying out
Federal assistance functions at the site of a major disaster or
emergency. Such regulations shall include provisions for insuring
that the distribution of supplies, the processing of applications, and
other relief and assistance activities shall be accomplished in an
equitable and impartial manner, without discrimination on the
grounds of race, color, religion, nationality, sex, age, or economic
status.
(b) Compliance with regulations as prerequisite to participation by
other bodies in relief operations. As a condition of participation in
the distribution of assistance or supplies under this chapter or of
receiving assistance under this chapter, governmental bodies and
other organizations shall be required to comply with regulations
relating to nondiscrimination promulgated by the President, and
such other regulations applicable to activities within an area
affected by a major disaster or emergency as he deems necessary
for the effective coordination of relief efforts.
{309} §5152. Use and coordination of relief organizations
(a) In providing relief and assistance under this chapter, the
President may utilize, with their consent, the personnel and facilities
of the American National Red Cross, the Salvation Army, the
Mennonite Disaster Service, and other relief or disaster assistance
organizations, in the distribution of medicine, food, supplies, or
other items, and in the restoration, rehabilitation, or reconstruction
of community services, housing and essential facilities, whenever
the President finds that such utilization is necessary.

B-12

APPENDIX B - STAFFORD ACT

(b) The President is authorized to enter into agreements with the
American National Red Cross, the Salvation Army, the Mennonite
Disaster Service, and other relief or disaster assistance organizations
under which the disaster relief activities of such organizations may
be coordinated by the Federal coordinating officer whenever such
organizations are engaged in providing relief during and after a
major disaster or emergency. Any such agreement shall include
provisions assuring that use of Federal facilities, supplies, and
services will be in compliance with regulations prohibiting
duplication of benefits and guaranteeing nondiscrimination
promulgated by the President under this chapter, and such other
regulation as the President may require.
{310} §5153. Priority to certain applications for public
facility and public housing assistance
(a) Priority. In the processing of applications for assistance,
priority and immediate consideration shall be given by the head of
the appropriate Federal agency, during such period as the
President shall prescribe, to applications from public bodies
situated in areas affected by major disasters under the following
Acts:
(1) The United States Housing Act of 1937 [42 U.S.C.1437 et
seq.] for the provision of low-income housing.
(2) Section 462 of Title 40 [Section 702 of the Housing Act of
1954, 42 U.S.C. 462] for assistance in public works planning.
(3) The Community Development Block Grant Program under
title I of the Housing and Community Development Act of 1974
[42 U.S.C. 5301 et seq.].
(4) Section 1926 of Title 7 [Section 306 of the Consolidated
Farm and Rural Development Act of 1965, 7 U.S.C. 1926].

APPENDIX B - STAFFORD ACT

B-13

(5) The Public Works and Economic Development Act of 1965
[42 U.S.C. 3121 et seq.].
(6) The Appalachian Regional Development Act of 1965.
(7) The Federal Water Pollution Control Act [33 U.S.C. 1251 et
seq.].
(b) Obligation of certain discretionary funds. In the obligation of
discretionary funds or funds which are not allocated among the
States or political subdivisions of a State, the Secretary of Housing
and Urban Development and the Secretary of Commerce shall give
priority to applications for projects for major disaster areas.
{311} §5154. Insurance
(a) Applicants for replacement of damaged facilities.
(1) Compliance with certain regulations. An applicant for
assistance under section 5172 of this title (relating to repair,
restoration, and replacement of damaged facilities), section
5189 of this title (relating to simplified procedure) or section
3233 of this title shall comply with regulations prescribed by
the President to assure that, with respect to any property to be
replaced, restored, repaired, or constructed with such
assistance, such types and extent of insurance will be obtained
and maintained as may be reasonably available, adequate, and
necessary, to protect against future loss to such property.
(2) Determination. In making a determination with respect to
availability, adequacy, and necessity under paragraph (1), the
President shall not require greater types and extent of
insurance than are certified to him as reasonable by the
appropriate State insurance commissioner responsible for
regulation of such insurance.

B-14

APPENDIX B - STAFFORD ACT

(b) Maintenance of insurance. No applicant for assistance under
section 5172 of this title (relating to repair, restoration, and
replacement of damaged facilities), section 5189 of this title
(relating to simplified procedure), or section 3233 of this title may
receive such assistance for any property or part thereof for which
the applicant has previously received assistance under this chapter
unless all insurance required pursuant to this section has been
obtained and maintained with respect to such property. The
requirements of this subsection may not be waived under section
5141 of this title.
(c) State acting as self-insurer. A State may elect to act as a selfinsurer 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 or 3233 of
this title or subsequently and accompanied by a plan for selfinsurance which is satisfactory to the President, shall be deemed
compliance with subsection (a) of this section. No such selfinsurer may receive assistance under section 5172 or 5189 of this
title for any property or part thereof for which it has previously
received assistance under this chapter, to the extent that insurance
for such property or part thereof would have been reasonably
available.

§ 5154a. Prohibited flood disaster assistance.
(a) General prohibition. Notwithstanding any other provision of law,
no Federal disaster relief assistance made available in a flood
disaster area may be used to make a payment (including any loan
assistance payment) to a person for repair, replacement, or
restoration for damage to any personal, residential, or commercial
property if that person at any time has received flood disaster
assistance that was conditional on the person first having obtained
flood insurance under applicable Federal law and subsequently
having failed to obtain and maintain flood insurance as required
under applicable Federal law on such property.

APPENDIX B - STAFFORD ACT

B-15

(b) Transfer of property.
(1) Duty to notify. In the event of the transfer of any
property described in paragraph (3), the transferor shall, not
later than the date on which such transfer occurs, notify the
transferee in writing of the requirements to:
(A) obtain flood insurance in accordance with applicable
Federal law with respect to such property, if the property is
not so insured as of the date on which the property is
transferred; and
(B) maintain flood insurance in accordance with applicable
Federal law with respect to such property. Such written
notification shall be contained in documents evidencing the
transfer of ownership of the property.
(2) Failure to notify. If a transferor described in paragraph (1)
fails to make a notification in accordance with such paragraph
and, subsequent to the transfer of the property:
(A) the transferee fails to obtain or maintain flood
insurance in accordance with applicable Federal law with
respect to the property;
(B) the property is damaged by a flood disaster; and
(C) Federal disaster relief assistance is provided for the
repair, replacement, or restoration of the property as a result
of such damage, the transferor shall be required to
reimburse the Federal Government in an amount equal to
the amount of the Federal disaster relief assistance
provided with respect to the property.
(3) Property described. For purposes of paragraph (1), a
property is described in this paragraph if it is personal,
commercial, or residential property for which Federal disaster

B-16

APPENDIX B - STAFFORD ACT

relief assistance made available in a flood disaster area has
been provided, prior to the date on which the property is
transferred, for repair, replacement, or restoration of the
property, if such assistance was conditioned upon obtaining
flood insurance in accordance with applicable Federal law
with respect to such property.
(c) [Omitted.]
(d) Definition. For purposes of this section, the term “flood
disaster area” means an area with respect to which:
(1) the Secretary of Agriculture finds, or has found, to have
been substantially affected by a natural disaster in the United
States pursuant to section 321(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1961(a)); or
(2) the President declares, or has declared, the existence of a
major disaster or emergency pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. §
5121 et seq.), as a result of flood conditions existing in or
affecting that area.
(e) Effective date. This section and the amendments made by this
section [adding this section and amending 42 USCS § 4012a(a)]
shall apply to disasters declared after September 23, 1994.
{312} §5155. Duplication of benefits
(a) General prohibition. The President, in consultation with the
head of each Federal agency administering any program providing
financial assistance to persons, business concerns, or other entities
suffering losses as a result of a major disaster or emergency,
shall assure that no such person, business concern, or other
entity will receive such assistance with respect to any part of such
loss as to which he has received financial assistance under any
other program or from insurance or any other source.

APPENDIX B - STAFFORD ACT

B-17

(b) Special rules.
(1) Limitation. This section shall not prohibit the provision of
Federal assistance to a person who is or may be entitled to
receive benefits for the same purposes from another source if
such person has not received such other benefits by the time
of application for Federal assistance and if such person agrees
to repay all duplicative assistance to the agency providing the
Federal assistance.
(2) Procedures. The President shall establish such procedures
as the President considers necessary to ensure uniformity in
preventing duplication of benefits.
(3) Effect of partial benefits. Receipt of partial benefits for a
major disaster or emergency shall not preclude provision of
additional Federal assistance for any part of a loss or need for
which benefits have not been provided.
(c) Recovery of duplicative benefits. A person receiving Federal
assistance for a major disaster or emergency shall be liable to the
United States to the extent that such assistance duplicates benefits
available to the person for the same purpose from another source.
The agency which provided the duplicative assistance shall collect
such duplicative assistance from the recipient in accordance with
chapter 37 of Title 31 relating to debt collection, when the head of
such agency considers it to be in the best interest of the Federal
Government.
(d) Assistance not income. Federal major disaster and emergency
assistance provided to individuals and families under this chapter,
and comparable disaster assistance provided by States, local
governments, and disaster assistance organizations, shall not be
considered as income or a resource when determining eligibility for
or benefit levels under federally funded income assistance or
resource-tested benefit programs.

B-18

APPENDIX B - STAFFORD ACT

{313} §5156. Standards and reviews
The President shall establish comprehensive standards which shall
be used to assess the efficiency and effectiveness of Federal major
disaster and emergency assistance programs administered under
this chapter. The President shall conduct annual reviews of the
activities of Federal agencies and State and local governments in
major disaster and emergency preparedness and in providing
major disaster and emergency assistance in order to assure
maximum coordination and effectiveness of such programs and
consistency in policies for reimbursement of States under this
chapter.
{314} §5157. Penalties
(a) Misuse of funds. Any person who knowingly misapplies the
proceeds of a loan or other cash benefit obtained under this
chapter shall be fined an amount equal to one and one-half times
the misapplied amount of the proceeds or cash benefit.
(b) Civil enforcement. Whenever it appears that any person has
violated or is about to violate any provision of this chapter,
including any civil penalty imposed under this chapter, the Attorney
General may bring a civil action for such relief as may be
appropriate. Such action may be brought in an appropriate United
States district court.
(c) Referral to Attorney General. The President shall expeditiously
refer to the Attorney General for appropriate action any evidence
developed in the performance of functions under this chapter that
may warrant consideration for criminal prosecution.
(d) Civil penalty. Any individual who knowingly violates any order
or regulation issued under this chapter shall be subject to a civil
penalty of not more than $5,000 for each violation.

APPENDIX B - STAFFORD ACT

B-19

{315} §5158. Availability of materials
The President is authorized, at the request of the Governor of an
affected State, to provide for a survey of construction materials
needed in the area affected by a major disaster on an emergency
basis for housing repairs, replacement housing, public facilities
repairs and replacement, farming operations, and business
enterprises and to take appropriate action to assure the availability
and fair distribution of needed materials, including, where possible,
the allocation of such materials for a period of not more than one
hundred and eighty days after such major disaster. Any allocation
program shall be implemented by the President to the extent
possible, by working with and through those companies which
traditionally supply construction materials in the affected area. For
the purposes of this section “construction materials” shall include
building materials and materials required for repairing housing,
replacement housing, public facilities repairs and replacement, and
for normal farm and business operations.
{316} §5159. Protection of environment
An action which is taken or assistance which is provided pursuant to
section 5170a, 5170b, 5172, 5173 or 5192 of this title, including
such assistance provided pursuant to the procedures provided for
in section 5189 of this title, which has the effect of restoring a
facility substantially to its condition prior to the disaster or
emergency, shall not be deemed a major Federal action
significantly affecting the quality of the human environment within
the meaning of the National Environmental Policy Act of 1969 (83
Stat. 852) [42 U.S.C. 4321 et seq.]. Nothing in this section shall
alter or affect the applicability of the National Environmental Policy
Act of 1969 to other Federal actions taken under this chapter or
under any other provisions of law.

B-20

APPENDIX B - STAFFORD ACT

{317} §5160. Recovery of assistance
(a) Party liable. Any person who intentionally causes a condition for
which Federal assistance is provided under this chapter or under any
other Federal law as a result of a declaration of a major disaster or
emergency under this chapter shall be liable to the United States for
the reasonable costs incurred by the United States in responding to
such disaster or emergency to the extent that such costs are
attributable to the intentional act or omission of such person which
caused such condition. Such action for reasonable costs shall be
brought in an appropriate United States district court.
(b) Rendering of care. A person shall not be liable under this
section for costs incurred by the United States as a result of
actions taken or omitted by such person in the course of rendering
care or assistance in response to a major disaster or emergency.
{318} §5161. Audits and investigations
(a) In general. Subject to the provisions of chapter 75 of Title 31,
relating to requirements for single audits, the President shall
conduct audits and investigations as necessary to assure
compliance with this chapter, and in connection therewith may
question such persons as may be necessary to carry out such audits
and investigations.
(b) Access to records. For purposes of audits and investigations
under this section, the President and Comptroller General may
inspect any books, documents, papers, and records of any person
relating to any activity undertaken or funded under this chapter.
(c) State and local audits. The President may require audits by
State and local governments in connection with assistance under
this chapter when necessary to assure compliance with this
chapter or related regulations.

APPENDIX B - STAFFORD ACT

B-21

{319} §5162. Advance of Non-Federal Share
(a) In general. The President may lend or advance to an eligible
applicant or a State the portion of assistance for which the State is
responsible under the cost-sharing provisions of this chapter in any
case in which—
(1) the State is unable to assume its financial responsibility
under such cost-sharing provisions—
(A) with respect to concurrent, multiple major disasters in a
jurisdiction, or
(B) after incurring extraordinary costs as a result of a
particular disaster; and
(2) the damages caused by such disasters or disaster are so
overwhelming and severe that it is not possible for the
applicant or the State to assume immediately their financial
responsibility under this chapter.
(b) Terms of loans and advances.
(1) In general. Any loan or advance under this section shall be
repaid to the United States.
(2) Interest. Loans and advances under this section shall bear
interest at a rate determined by the Secretary of the Treasury,
taking into consideration the current market yields on
outstanding marketable obligations of the United States with
remaining periods to maturity comparable to the
reimbursement period of the loan or advance.
(c) Regulations. The President shall issue regulations describing
the terms and conditions under which any loan or advance
authorized by this section may be made.

B-22

APPENDIX B - STAFFORD ACT

{320} §5163. Limitation on use of sliding scales
No geographic area shall be precluded from receiving assistance
under this chapter solely by virtue of an arithmetic formula or
sliding scale based on income or population.
{321} §5164. Rules and regulations
The President may prescribe such rules and regulations as may be
necessary and proper to carry out the provisions of this chapter,
and may exercise, either directly or through such Federal agency as
the President may designate, any power or authority conferred to
the President by this chapter.

SUBCHAPTER IV¾MAJOR DISASTER ASSISTANCE
PROGRAMS
{401} §5170. Procedure for declaration
All requests for a declaration by the President that a major disaster
exists shall be made by the Governor of the affected State. Such a
request shall be based on a finding that the disaster is of such
severity and magnitude that effective response is beyond the
capabilities of the State and the affected local governments and
that Federal assistance is necessary. As part of such request, and
as a prerequisite to major disaster assistance under this chapter,
the Governor shall take appropriate response action under State
law and direct execution of the State’s emergency plan. The
Governor shall furnish information on the nature and amount of
State and local resources which have been or will be committed to
alleviating the results of the disaster, and shall certify that, for the
current disaster, State and local government obligations and
expenditures (of which State commitments must be a significant
proportion) will comply with all applicable cost-sharing requirements

APPENDIX B - STAFFORD ACT

B-23

of this chapter. Based on the request of a Governor under this
section, the President may declare under this chapter that a major
disaster or emergency exists.
{402} §5170a. General Federal Assistance
In any major disaster, the President may—
(1) direct any Federal agency, with or without reimbursement,
to utilize its authorities and the resources granted to it under
Federal law (including personnel, equipment, supplies, facilities,
and managerial, technical, and advisory services) in support of
State and local assistance efforts;
(2) coordinate all disaster relief assistance (including voluntary
assistance) provided by Federal agencies, private organizations,
and State and local governments;
(3) provide technical and advisory assistance to affected State
and local governments for—
(A) the performance of essential community services;
(B) issuance of warnings of risks and hazards;
(C) public health and safety information, including
dissemination of such information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of immediate
threats to public health and safety; and
(4) assist State and local governments in the distribution of
medicine, food, and other consumable supplies, and emergency
assistance.

B-24

APPENDIX B - STAFFORD ACT

{403} §5170b. Essential Assistance
(a) In general. Federal agencies may on the direction of the
President, provide assistance essential to meeting immediate
threats to life and property resulting from a major disaster, as
follows:
(1) Federal resources, generally. Utilizing, lending, or donating
to State and local governments Federal equipment, supplies,
facilities, personnel, and other resources, other than the
extension of credit, for use or distribution by such governments
in accordance with the purposes of this Act.
(2) Medicine, food, and other consumables. Distributing or
rendering through State and local governments, the American
National Red Cross, the Salvation Army, the Mennonite Disaster
Service, and other relief and disaster assistance organizations
medicine, food, and other consumable supplies, and other
services and assistance to disaster victims.
(3) Work and services to save lives and protect property.
Performing on public or private lands or waters any work or
services essential to saving lives and protecting and preserving
property or public health and safety, including—
(A) debris removal;
(B) search and rescue, emergency medical care, emergency
mass care, emergency shelter, and provision of food,
water, medicine, and other essential needs, including
movement of supplies or persons;
(C) clearance of roads and construction of temporary
bridges necessary to the performance of emergency tasks
and essential community services;

APPENDIX B - STAFFORD ACT

B-25

(D) provision of temporary facilities for schools and other
essential community services;
(E) demolition of unsafe structures which endanger the
public;
(F) warning of further risks and hazards;
(G) dissemination of public information and assistance
regarding health and safety measures;
(H) provision of technical advice to State and local
governments on disaster management and control; and
(I) reduction of immediate threats to life, property, and
public health and safety.
(4) Contributions. Making contributions to State or local
governments or owners or operators of private nonprofit
facilities for the purpose of carrying out the provisions of this
subsection.
(b) Federal share. The Federal share of assistance under this
section shall be not less than 75 percent of the eligible cost of
such assistance.
(c) Utilization of DOD resources
(1) General rule. During the immediate aftermath of an
incident which may ultimately qualify for assistance under this
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

B-26

APPENDIX B - STAFFORD ACT

the President determines that such work is essential for the
preservation of life and property, the President shall grant such
request to the extent the President determines practicable. Such
emergency work may only be carried out for a period not to
exceed 10 days.
(2) Rules applicable to debris removal. Any removal of debris
and wreckage carried out under this subsection shall be subject
to section 5173(b) of this title [42 U.S.C. 5173(b)], relating to
unconditional authorization and indemnification for debris
removal.
(3) Expenditures out of disaster relief funds. The cost of any
assistance provided pursuant to this subsection shall be
reimbursed out of funds made available to carry out this Act.
(4) Federal share. The Federal share of assistance under this
subsection shall be not less than 75 percent.
(5) Guidelines. Not later than 180 days after 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.
(6) Definitions. For purposes of this section—
(A) Department of Defense. The term ‘Department of
Defense’ has the meaning the term “department” has under
section 101 of title 10, United States Code.
(B) Emergency work. The term “emergency work”
includes clearance and removal of debris and wreckage
and temporary restoration of essential public facilities and
services.

APPENDIX B - STAFFORD ACT

B-27

{404} §5170c. Hazard Mitigation
(a) In General. The President may contribute up to 75 percent of
the cost of hazard mitigation measures which the President has
determined are cost-effective and which substantially reduce the risk
of 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 5176 of this title and
shall be subject to approval by the President. 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.
(b) Property acquisition and relocation assistance.
(1) 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).
(2) Terms and conditions. An acquisition or relocation project
shall be eligible to receive assistance pursuant to paragraph (1)
only if—
(A) the applicant for the assistance is otherwise eligible to
receive assistance under the hazard mitigation grant
program established under subsection (a) of this section;
and
(B) on or after December 3, 1993, the applicant for the
assistance enters into an agreement with the Director that
provides assurances that—
(i) any property acquired, accepted, or from which a
structure will be removed pursuant to the project will be
dedicated and maintained in perpetuity for a use that is

B-28

APPENDIX B - STAFFORD ACT

compatible with open space, recreational, or wetlands
management practices;
(ii) no new structure will be erected on property
acquired, accepted or from which a structure was
removed under the acquisition or relocation program
other than—
(I) a public facility that is open on all sides and
functionally related to a designated open space;
(II) a rest room; or
(III) a structure that the Director approves in
writing before the commencement of the
construction of the structure; and
(iii) after receipt of the assistance, with respect to any
property acquired, accepted or from which a structure
was removed under the acquisition or relocation
program—
(I) no subsequent application for additional
disaster assistance for any purpose will be made by
the recipient to any Federal entity; and
(II) no assistance referred to in subclause (I)
will be provided to the applicant by any Federal
source.
(3) Statutory construction. Nothing in this subsection is
intended to alter or otherwise affect an agreement for an
acquisition or relocation project carried out pursuant to this
section that was in effect on December 3, 1993.

APPENDIX B - STAFFORD ACT

B-29

{405} §5171. Federal facilities
(a) Repair, reconstruction, restoration or replacement of United
States facilities. The President may authorize any Federal agency
to repair, reconstruct, restore, or replace any facility owned by the
United States and under the jurisdiction of such agency which is
damaged or destroyed by any major disaster if he determines that
such repair, reconstruction, restoration, or replacement is of such
importance and urgency that it cannot reasonably be deferred
pending the enactment of specific authorizing legislation or the
making of an appropriation for such purposes, or the obtaining of
congressional committee approval.
(b) Availability of funds appropriated to agency for repair,
reconstruction, restoration, or replacement of agency facilities. In
order to carry out the provisions of this section, such repair,
reconstruction, restoration, or replacement may be begun
notwithstanding a lack or an insufficiency of funds appropriated for
such purpose, where such lack or insufficiency can be remedied by
the transfer, in accordance with law, of funds appropriated to that
agency for another purpose.
(c) Steps for mitigation of hazards. In implementing this section,
Federal agencies shall evaluate the natural hazards to which these
facilities are exposed and shall take appropriate action to mitigate
such hazards, including safe land-use and construction practices, in
accordance with standards prescribed by the President.
{406} §5172. Repair, restoration, and replacement of
damaged facilities
(a) Contributions. The President may make contributions—
(1) to a State or local government for the repair, restoration,
reconstruction, or replacement of a public facility which is
damaged or destroyed by a major disaster and for
associated expenses incurred by such government; and

B-30

APPENDIX B - STAFFORD ACT

(2) to a person who owns or operates a private nonprofit facility
damaged or destroyed by a major disaster for the repair,
restoration, reconstruction, or replacement of such facility and
for associated expenses incurred by such person.
(b) Minimum Federal share. The Federal share of assistance under
this section shall be not less than—
(1) 75 percent of the net eligible cost of repair, restoration,
reconstruction, or replacement carried out under this section;
(2) 100 percent of associated expenses described in
subsections (f)(1) and (f)(2) of this section; and
(3) 75 percent of associated expenses described in subsections
(f)(3), (f)(4), and (f)(5) of this section.
(c) Large in lieu contributions.
(1) For public facilities. In any case where a State or local
government determines that the public welfare would not be
best served by repairing, restoring, reconstructing, or replacing
any public facility owned or controlled by such State or local
government, it may elect to receive, in lieu of a contribution
under subsection (a)(1) of this section, a contribution of not to
exceed 90 percent of the Federal share of the Federal estimate
of the cost of repairing, restoring, reconstructing, or replacing
such facility and of associated expenses. Funds contributed
under this subsection may be used to repair, restore, or expand
other selected public facilities, to construct new facilities, or to
fund hazard mitigation measures which 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.
(2) For private nonprofit facilities. In any case where a
person who owns or operates a private nonprofit facility
determines that the public welfare would not be best served by

APPENDIX B - STAFFORD ACT

B-31

repairing, restoring, reconstructing, or replacing such facility,
such person may elect to receive, in lieu of a contribution under
subsection (a)(2) of this section, a contribution of not to exceed
90 percent of the Federal share of the Federal estimate of the
cost of repairing, restoring, reconstructing, or replacing such
facility and of associated expenses. Funds contributed under
this subsection may be used to repair, restore, or expand other
selected private nonprofit facilities owned or operated by such
person, to construct new private nonprofit facilities to be owned
or operated by such person, or to fund hazard mitigation
measures which such person determines to be necessary to
meet a need for its services and functions in the area
affected by the major disaster.
(3) Restriction on use for State or local contribution. Funds
provided under this subsection shall not be used for any State
or local government cost-sharing contribution required under
this chapter.
(d) Flood insurance.
(1) Reduction of Federal assistance. If a public facility or
private nonprofit facility located in a special flood hazard area
identified for more than 1 year by the 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).
(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—

B-32

APPENDIX B - STAFFORD ACT

(A) the value of such facility on the date of the flood
damage or destruction, or
(B) the maximum amount of insurance proceeds which
would have been payable with respect to such facility if
such facility had been covered by flood insurance under the
National Flood Insurance Act of 1968 [42 U.S.C. 4001 et
seq.] on such date.
(3) Exception. Paragraphs (1) and (2) shall not apply to a
private nonprofit facility which is not covered by flood insurance
solely because of the local government’s failure to participate in
the flood insurance program established by the National Flood
Insurance Act.
(4) Dissemination of information. The President shall
disseminate information regarding the reduction in Federal
assistance provided for by this subsection to State and local
governments and the owners and operators of private
nonprofit facilities who may be affected by such a reduction.
(e) Net eligible cost
(1) 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.
(2) 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

APPENDIX B - STAFFORD ACT

B-33

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.
(f) Associated expenses. For purposes of this section, associated
expenses include the following:
(1) Necessary costs. Necessary costs of requesting, obtaining,
and administering Federal assistance based on a percentage of
assistance provided as follows:
(A) For an applicant whose net eligible costs equal less
than $100,000, 3 percent of such net eligible costs.
(B) 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.
(C) 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.
(D) For an applicant whose net eligible costs equal
$5,000,000 or more, $61,000 plus 1/2 percent of such net
eligible costs in excess of $5,000,000.
(2) 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 and 5193 of this title in such State in
connection with the major disaster as follows:

B-34

APPENDIX B - STAFFORD ACT

(A) If such total amount is less than $100,000, 3 percent of
such total amount.
(B) If such total amount is $100,000 or more but less than
$1,000,000, $3,000 plus 2 percent of such total amount in
excess of $100,000.
(C) If such total amount is $1,000,000 or more but less
than $5,000,000, $21,000 plus 1 percent of such total
amount in excess of $1,000,000.
(D) If such total amount is $5,000,000 or more, $61,000
plus 1/2 percent of such total amount in excess of
$5,000,000.
(3) Costs of National Guard. The costs of mobilizing and
employing the National Guard for performance of eligible work.
(4) 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.
(5) 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.

APPENDIX B - STAFFORD ACT

B-35

{407} §5173. Debris removal
(a) Presidential authority. The President may make contributions(1) through the use of Federal departments, agencies, and
instrumentalities, to clear debris and wreckage resulting from a
major disaster from publicly and privately owned lands and
waters; and
(2) to make grants to any State or local government or owner
or operator of a private nonprofit facility for the purpose of
removing debris or wreckage resulting from a major disaster
from publicly or privately owned lands and waters.
(b) Authorization by State or local government; indemnification
agreement. No authority under this section shall be exercised
unless the affected State or local government shall first arrange an
unconditional authorization for removal of such debris or wreckage
from public and private property, and, in the case of removal of
debris or wreckage from private property, shall first agree to
indemnify the Federal Government against any claim arising from
such removal.
(c) Rules relating to large lots. The President shall issue rules
which provide for recognition of differences existing among urban,
suburban, and rural lands in implementation of this section so as
to facilitate adequate removal of debris and wreckage from large
lots.
(d) Federal share. The Federal share of assistance under this
section shall be not less than 75 percent of the eligible cost of
debris and wreckage removal carried out under this section.
{408} §5174. Temporary housing assistance
(a) Provision of temporary housing

B-36

APPENDIX B - STAFFORD ACT

(1) In general. The President may—
(A) provide, by purchase or lease, temporary housing
(including unoccupied habitable dwellings), suitable rental
housing, mobile homes, or other readily fabricated
dwellings to persons who, as a result of a major disaster,
require temporary housing; and
(B) reimburse State and local governments in accordance
with paragraph (4) for the cost of sites provided under
paragraph (2).
(2) Mobile home site.
(A) In general. Any mobile home or other readily fabricated
dwelling provided under this section shall whenever possible
be located on a site which—
(i) is provided by the State or local government; and
(ii) has utilities provided by the State or local
government, by the owner of the site, or by the
occupant who was displaced by the major disaster.
(B) Other sites. Mobile homes and other readily fabricated
dwellings may be located on sites provided by the President
if the President determines that such sites would be more
economical or accessible than sites described in
subparagraph (A).
(3) Period. Federal financial and operational assistance under
this section shall continue for not longer than 18 months after
the date of the major disaster declaration by the President,
unless the President determines that due to extraordinary
circumstances it would be in the public interest to extend such
18-month period.

APPENDIX B - STAFFORD ACT

B-37

(4) Federal share. The Federal share of assistance under this
section shall be 100 percent; except that the Federal share of
assistance under this section for construction and site
development costs (including installation of utilities) at a
mobile home group site shall be 75 percent of the eligible cost
of such assistance. The State or local government receiving
assistance under this section shall pay any cost which is not
paid for from the Federal share.
(b) Temporary mortgage and rental payments. The President is
authorized to provide assistance on a temporary basis in the form
of mortgage or rental payments to or on behalf of individuals and
families who, as a result of financial hardship caused by a major
disaster, have received written notice of dispossession or eviction
from a residence by reason of a foreclosure of any mortgage or lien,
cancellation of any contract of sale, or termination of any lease,
entered into prior to such disaster. Such assistance shall be
provided for the duration of the period of financial hardship but not
to exceed 18 months.
(c) In lieu expenditures. In lieu of providing other types of
temporary housing after a major disaster, the President is
authorized to make expenditures for the purpose of repairing or
restoring to a habitable condition owner-occupied private
residential structures made uninhabitable by a major disaster
which are capable of being restored quickly to a habitable
condition.
(d) Transfer of temporary housing
(1) Direct sale to occupants. Notwithstanding any other
provision of law, any temporary housing acquired by purchase
may be sold directly to individuals and families who are
occupants of temporary housing at prices that are fair and
equitable, as determined by the President.

APPENDIX B - STAFFORD ACT

B-38

(2) Transfers to states, local governments, and voluntary
organizations. The President may sell or otherwise make
available temporary housing units directly to States, other
governmental entities, and voluntary organizations. The
President shall impose as a condition of transfer under this
paragraph a covenant to comply with the provisions of section
308 [42 U.S.C. 5171] requiring nondiscrimination in occupancy
of such temporary housing units. Such disposition shall be
limited to units purchased under the provisions of subsection
(a) of this section and to the purposes of providing temporary
housing for disaster victims in major disasters or emergencies.
(e) Notification.
(1) In general. Each person who applies for assistance under
this section shall be notified regarding the type and amount of
any assistance for which such person qualifies. Whenever
practicable, such notice shall be provided within 7 days after
the date of submission of such application.
(2) Information. Notification under this subsection shall
provide information regarding—
(A) all forms of such assistance available;
(B) any specific criteria which must be met to qualify for
each type of assistance that is available;
(C) any limitations which apply to each type of assistance;
and
(D) the address and telephone number of offices
responsible for responding to—
(i) appeals of determinations of eligibility for assistance;
and
(ii) requests for changes in the type or amount of
assistance provided.

APPENDIX B - STAFFORD ACT

B-39

(f) Location. In providing assistance under this section,
consideration shall be given to the location of and travel time to—
(1) the applicant’s home and place of business;
(2) schools which the applicant or members of the applicant’s
family who reside with the applicant attend; and
(3) crops or livestock which the applicant tends in the course of
any involvement in farming which provides 25 percent or more
of the applicant’s annual income.
§5175. Repealed.
Pub.L. 100-707, Title I, 105(m)(2), Nov. 23, 1988, 102 Stat.
4696
{409} §5176. Minimum standards for public and private
structures
As a condition of any disaster loan or grant made under the
provisions of this chapter, the recipient shall agree that any repair
or construction to be financed therewith shall be in accordance
with applicable standards of safety, decency, and sanitation and in
conformity with applicable codes, specifications, and standards,
and shall furnish such evidence of compliance with this section as
may be required by regulation. As a further condition of any loan
or grant made under the provisions of this chapter, the State or
local government shall agree that the natural hazards in the areas
in which the proceeds of the grants or loans are to be used shall
be evaluated and appropriate action shall be taken to mitigate such
hazards, including safe land-use and construction practices, in
accordance with standards prescribed or approved by the President
after adequate consultation with the appropriate elected officials of
general purpose local governments, and the State shall furnish such

B-40

APPENDIX B - STAFFORD ACT

evidence of compliance with this section as may be required by
regulation.
{410} §5177. Unemployment assistance
(a) 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 Title 26)
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.
(b) Reemployment assistance.
(1) State assistance. A State shall provide, without
reimbursement from any funds provided under this chapter,
reemployment assistance services under any other law
administered by the State to individuals receiving benefits
under this section.
(2) 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.

APPENDIX B - STAFFORD ACT

B-41

{411} §5178. Individual and family grant programs
(a) 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 disasterrelated 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 chapter or through other means.
(b) Cost sharing.
(1) 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.
(2) 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.
(c) 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.
(d) Administrative expenses. A State may expend not to exceed 5
percent of any grant made by the President to it under subsection
(a) of this section for expenses of administering grants to
individuals and families under this section.
(e) Administration through Governor. The Governor of a State shall
administer the grant program authorized by this section in the
State.
(f) Limit on grants to individual. No individual or family shall
receive grants under this section aggregating more than $10,000

B-42

APPENDIX B - STAFFORD ACT

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.
{412} §5179. Food coupons and distribution
(a) 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
chapter.
(b) 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.
(c) Food Stamp Act 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.A. 2011 et seq.]
except as they relate to the availability of food stamps in an area
affected by a major disaster.

APPENDIX B - STAFFORD ACT

B-43

{413} §5180. Food commodities
(a) 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.
(b) Funds for purchase of food commodities. The Secretary of
Agriculture shall utilize funds appropriated under section 612c of
Title 7, 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.
{414} §5181. Relocation assistance
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) [42 U.S.C. 4601 et seq.] 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.
{415} §5182. Legal services
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 chapter, the President shall assure that
such programs are conducted with the advice and assistance of
appropriate Federal agencies and State and local bar associations.

B-44

APPENDIX B - STAFFORD ACT

{416} §5183. Crisis counseling assistance and training
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.
{417} §5184. Community disaster loans
(a) 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. The amount of any such loan shall be based on need,
and shall not exceed 25 percent of the annual operating budget of
that local government for the fiscal year in which the major
disaster occurs. 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 cancelled.
(b) Any loans made under this section shall not reduce or
otherwise affect any grants or other assistance under this chapter.
{418} §5185. Emergency communications
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.

APPENDIX B - STAFFORD ACT

B-45

{419} §5186. Emergency public transportation
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.
{420} §5187. Fire suppression grants
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.
{421} §5188. Timber sale contracts
(a) 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.

B-46

APPENDIX B - STAFFORD ACT

(b) Cancellation of authority. If the appropriate Secretary
determines that damages are so great that restoration,
reconstruction, or construction is not practical under the costsharing arrangement authorized by subsection (a) of this section,
he may allow cancellation of a contract entered into by his
Department notwithstanding contrary provisions therein.
(c) Public notice of sale. The Secretary of Agriculture is
authorized to reduce to seven days the minimum period of
advance public notice required by section 476 of Title 16, 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.
(d) 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.
{422} §5189. Simplified procedure
If the Federal estimate of the cost of—
(1) repairing, restoring, reconstructing, or replacing under
section 5172 of this title any damaged or destroyed public
facility or private nonprofit facility,

APPENDIX B - STAFFORD ACT

B-47

(2) emergency assistance under section 5170b or 5192 of this
title, or
(3) debris removed under section 5173 of this title,
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 5170b, 5172, 5173,
or 5192 of this title, 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.
{423} §5189a. Appeals of assistance decisions
(a) Right of appeal. Any decision regarding eligibility for, from, or
amount of assistance under this subchapter 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.
(b) Period for decision. A decision regarding an appeal under
subsection (a) of this section shall be rendered within 90 days
after the date on which the Federal official designated to
administer such appeals receives notice of such appeal.
(c) Rules. The President shall issue rules which provide for the fair
and impartial consideration of appeals under this section.
{424} §5189b. Date of eligibility; expenses incurred
before date of disaster
Eligibility for Federal assistance under this subchapter shall begin
on the date of the occurrence of the event which results in a

B-48

APPENDIX B - STAFFORD ACT

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 chapter.

SUBCHAPTER IV-A¾EMERGENCY ASSISTANCE
PROGRAMS
{501} §5191. Procedure for declaration
(a) 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 chapter, 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.
(b) Certain emergencies involving Federal primary responsibility.
The President may exercise any authority vested in him by section
5192 of this title or section 5193 of this title 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

APPENDIX B - STAFFORD ACT

B-49

shall consult the Governor of any affected State, if practicable. The
President’s determination may be made without regard to
subsection (a) of this section.
{502} §5192. Federal emergency assistance
(a) Specified. In any emergency, the President may—
(1) direct any Federal agency, with or without reimbursement, to
utilize its authorities and the resources granted to it under
Federal law (including personnel, equipment, supplies,
facilities, and managerial, technical and advisory services) in
support of State and local emergency assistance efforts to
save lives, protect property and public health and safety, and
lessen or avert the threat of a catastrophe;
(2) coordinate all disaster relief assistance (including voluntary
assistance) provided by Federal agencies, private organizations,
and State and local governments;
(3) provide technical and advisory assistance to affected State
and local governments for—
(A) the performance of essential community services;
(B) issuance of warnings of risks or hazards;
(C) public health and safety information, including
dissemination of such information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of immediate
threats to public health and safety;
(4) provide emergency assistance through Federal agencies;

B-50

APPENDIX B - STAFFORD ACT

(5) remove debris in accordance with the terms and conditions
of section 5173 of this title;
(6) provide temporary housing assistance in accordance with
section 5174 of this title; and
(7) assist State and local governments in the distribution of
medicine, food, and other consumable supplies, and
emergency assistance.
(b) General. Whenever the Federal assistance provided under
subsection (a) of this section 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.
{503} §5193. Amount of assistance
(a) Federal share. The Federal share for assistance provided under
this subchapter shall be equal to not less than 75 percent of the
eligible costs.
(b) Limit on amount of assistance.
(1) In general. Except as provided in paragraph (2), total
assistance provided under this subchapter for a single
emergency shall not exceed $5,000,000.
(2) Additional assistance. The limitation described in
paragraph (1) may be exceeded when the President determines
that—
(A) continued emergency assistance is immediately required;
(B) there is a continuing and immediate risk to lives,
property, public health or safety; and

APPENDIX B - STAFFORD ACT

B-51

(C) necessary assistance will not otherwise be provided on a
timely basis.
(3) 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.

SUBCHAPTER IV-B¾EMERGENCY PREPAREDNESS
{601} §5195. Declaration of policy
The purpose of this subchapter 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
States and their political subdivisions. The Congress recognizes
that the organizational structure established jointly by the Federal
Government and the 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 subchapter so that a
comprehensive emergency preparedness system exists for all
hazards.
{602} §5195a. Definitions
(a) Definitions. For purposes of this subchapter only:
(1) Hazard. The term “hazard” means an emergency or
disaster resulting from—

B-52

APPENDIX B - STAFFORD ACT

(A) a natural disaster; or
(B) an accidental or man-caused event.
(2) 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.
(3) Emergency preparedness. The term “emergency
preparedness” means all those activities and measures
designed or undertaken to prepare for or 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:
(A) 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 non-military evacuation of the civilian population).
(B) 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).

APPENDIX B - STAFFORD ACT

B-53

(C) 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).
(4) Organizational equipment. The term “organizational
equipment” means equipment determined by the Director to be
necessary to an emergency preparedness organization, as
distinguished from personal equipment, and of such a type or
nature as to require it to be financed in whole or in part by the
Federal Government. Such term does not include those items
which the local community normally uses in combating local
disasters, except when required in unusual quantities dictated
by the requirements of the emergency preparedness plans.
(5) Materials. The term “materials” includes raw materials,
supplies, medicines, equipment, component parts and technical
information and processes necessary for emergency
preparedness.
(6) Facilities. The term “facilities”, except as otherwise
provided in this subchapter, includes buildings, shelters,
utilities, and land.
(7) Director. The term “Director” means the Director of the
Federal Emergency Management Agency.
(8) Neighboring countries. The term “neighboring countries”
includes Canada and Mexico.
(9) 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.

B-54

APPENDIX B - STAFFORD ACT

(10) State. The term “State” includes interstate emergency
preparedness authorities established under section 5196(h) of
this title.
(b) 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 subchapter.
{603} §5195b. Administration of subchapter
This subchapter shall be carried out by the Director of the Federal
Emergency Management Agency.
{611} §5196. Detailed functions of administration
(a) In general. In order to carry out the policy described in section
5195 of this title, the Director shall have the authorities provided in
this section.
(b) 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, Congress, and the States advised of the status
of emergency preparedness in the United States.
(c) Delegation of emergency preparedness responsibilities. With
the approval of the President, the Director may delegate to other
departments and agencies of the Federal Government
appropriate emergency preparedness responsibilities and review and
coordinate the emergency preparedness activities of the

APPENDIX B - STAFFORD ACT

B-55

departments and agencies with each other and with the activities
of the States and neighboring countries.
(d) Communications and warnings. The Director may make
appropriate provision for necessary emergency preparedness
communications and for dissemination of warnings to the civilian
population of a hazard.
(e) Emergency preparedness measures. The Director may study
and develop emergency preparedness measures designed to afford
adequate protection of life and property, including—
(1) research and studies as to the best methods of treating the
effects of hazards;
(2) developing shelter designs and materials for protective
covering or construction; and
(3) developing equipment or facilities and effecting the
standardization thereof to meet emergency preparedness
requirements.
(f) Training programs.
(1) The Director may—
(A) 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;
(B) conduct or operate schools or including the payment of
travel expenses, in accordance with subchapter I of chapter
57 of Title 5, and the Standardized Government Travel
Regulations, and per diem allowances, in lieu of subsistence
for trainees in attendance or the furnishing of subsistence

B-56

APPENDIX B - STAFFORD ACT

and quarters for trainees and instructors on terms prescribed
by the Director; and
(C) provide instructors and training aids as necessary.
(2) 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.
(3) 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.
(g) Public dissemination of emergency preparedness information.
The Director may publicly disseminate appropriate emergency
preparedness information by all appropriate means.
(h) Interstate emergency preparedness compacts.
(1) The Director may—
(A) assist and encourage the States to negotiate and enter
into interstate emergency preparedness compacts;
(B) review the terms and conditions of such proposed
compacts in order to assist, to the extent feasible, in
obtaining uniformity between such compacts and
consistency with Federal emergency response plans and
programs;
(C) assist and coordinate the activities under such
compacts; and
(D) aid and assist in encouraging reciprocal emergency
preparedness legislation by the States which will permit the

APPENDIX B - STAFFORD ACT

B-57

furnishing of mutual aid for emergency preparedness
purposes in the event of a hazard which cannot be
adequately met or controlled by a State or political
subdivision thereof threatened with or experiencing a
hazard.
(2) A copy of each interstate emergency preparedness
compact shall be transmitted promptly to the Senate and the
House of Representatives. The consent of 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
(3) 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.
(i) Materials and facilities.
(1) 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.
(2) Facilities acquired by purchase, donation, or other means of
transfer may be occupied, used, and improved for the purposes
of this subchapter before the approval of title by the Attorney
General as required by section 255 of Title 40.
(3) The Director shall submit to Congress a report, at least
quarterly, describing all property acquisitions made pursuant to
this subsection.
(4) 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.

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APPENDIX B - STAFFORD ACT

(5) 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.
(j) Financial contributions.
(1) 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 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.
(2) No contribution may be made under this subsection for the
procurement of land or for the purchase of personal equipment
for State or local emergency preparedness workers.
(3) 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.
(4) 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 such funds 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.

APPENDIX B - STAFFORD ACT

B-59

(5) 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.
(6) 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.
(7) The Director shall submit to Congress a report, at least
annually, regarding all contributions made pursuant to this
subsection.
(8) All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work

B-60

APPENDIX B - STAFFORD ACT

financed with the assistance of any contribution of Federal
funds made by the Director under this subsection 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 to 276a-5)),
and every such employee shall receive compensation at a rate
not less than one and 1/2 times the basic rate of pay of the
employee for all hours worked in any workweek in excess of
eight hours in any workday or 40 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 subsection, the authority and
functions set forth in Reorganization Plan Numbered 14 of
1950 (5 U.S.C.App.) and section 276c of Title 40.
(k) 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 under 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.
{612} §5196a. Mutual aid pacts between States and
neighboring countries
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.

APPENDIX B - STAFFORD ACT

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{613} §5196b. Contributions for personnel and
administrative expenses
(a) General authority. To further assist in carrying out the
purposes of this subchapter, the Director may make financial
contributions to the States (including interstate emergency
preparedness authorities established pursuant to section 5196(h)
of this title) for necessary and essential State and local emergency
preparedness 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 may not exceed one-half of the
total cost of such necessary and essential State and local
emergency preparedness personnel and administrative expenses.
(b) Plan requirements. A plan submitted under this section shall—
(1) 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;
(2) 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;
(3) provide for the development of State and local emergency
preparedness operational plans, pursuant to standards
approved by the Director;
(4) provide for the employment of a full-time emergency
preparedness director, or deputy director, by the State;
(5) provide that the State shall make such reports in such
form and content as the Director may require; and

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APPENDIX B - STAFFORD ACT

(6) 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.
(c) Terms and conditions. The Director shall establish such other
terms and conditions as the Director considers necessary and
proper to carry out this section.
(d) Application of other provisions. In carrying out this section, the
provisions of sections 5196(h) and 5197(h) of this title shall apply.
(e) 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 under this subsection shall give
due regard to (1) the criticality of the areas which may be affected
by hazards with respect to the development of the total emergency
preparedness readiness of the United States, (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 used by a State in a plan submitted under this section.
Amounts paid to any State or political subdivision under this section
shall be expended solely for the purposes set forth in this section.
(f) Submission of plan. If a State fails to submit a plan for
approval as required by this section within 60 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 United States.
(g) Annual reports. The Director shall report annually to the
Congress all contributions made pursuant to this section.

APPENDIX B - STAFFORD ACT

B-63

{614} §5196c. Requirement for State matching funds for
construction of emergency operating centers
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.
{615} §5196d. Use of funds to prepare for and respond to
hazards
Funds made available to the States under this subchapter may be
used by the States for the purposes of preparing for hazards 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.
{621} §5197.

Administrative authority

(a) In general. For the purpose of carrying out the powers and
duties assigned to the Director under this subchapter, the Director
may exercise the administrative authorities provided under this
section.
(b) Advisory personnel.
(1) The Director may employ not more than 100 part-time or
temporary advisory personnel (including not to exceed 25
subjects of the United Kingdom or citizens of Canada) as the
Director considers to be necessary in carrying out the provisions
of this subchapter.

B-64

APPENDIX B - STAFFORD ACT

(2) Persons holding other offices or positions under the United
States for which they receive compensation, while serving as
advisory personnel, 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, plus authorized subsistence and travel, as determined
by the Director.
(c) Services of other agency personnel and volunteers. The
Director may—
(1) 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 agencies;
(2) establish and use such regional and other offices as may be
necessary; and
(3) use such voluntary and uncompensated services by
individuals or organizations as may from time to time be
needed.
(d) Gifts. Notwithstanding any other provision of law, the Director
may accept gifts of supplies, equipment, and facilities and may
use or distribute such gifts for emergency preparedness purposes
in accordance with the provisions of this subchapter.
(e) 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.
(f) Printing. The Director may purchase such printing, binding, and
blank-book work from public, commercial, or private printing
establishments or binderies as the Director considers necessary
upon orders placed by the Public Printer or upon waivers issued in
accordance with section 504 of Title 44.

APPENDIX B - STAFFORD ACT

B-65

(g) 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. The Director may 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.
(h) Failure to expend contributions correctly.
(1) 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.
(2) 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.
(3) 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.

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APPENDIX B - STAFFORD ACT

{622} §5197a. Security regulations
(a) Establishment. The Director shall establish such security
requirements and safeguards, including restrictions with respect to
access to information and property as the Director considers
necessary.
(b) Limitations 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.
(c) 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 Director of 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 considers
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

APPENDIX B - STAFFORD ACT

B-67

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.
(d) Employee oaths. Each Federal employee of the Federal
Emergency Management Agency acting under the authority of this
subchapter, except the subjects of the United Kingdom and citizens
of Canada specified in section 5197(b) of this title, 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 emergency preparedness shall before
entering upon 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 __________ (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.”

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APPENDIX B - STAFFORD ACT

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.
{623} §5197b. Use of existing facilities
In performing duties under this subchapter, the Director—
(1) shall cooperate with the various departments and agencies
of the Federal Government;
(2) 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 political
subdivisions thereof, and of other organizations and agencies;
and
(3) 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} §5197c. Annual report to Congress
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.

APPENDIX B - STAFFORD ACT

B-69

{625} §5197d. Applicability of subchapter
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} §5197e. Authorization of appropriations and
transfers of funds
(a) Authorization of appropriations. There are authorized to be
appropriated such sums as may be necessary to carry out the
provisions of this subchapter.
(b) Transfer authority. 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 Director 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 30 days after such allocation or
transfer.
{627} §5197f. Relation to Atomic Energy Act of 1954
Nothing in this subchapter shall be construed to alter or modify
the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.).
{628} §5197g. Federal Bureau of Investigation
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.

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APPENDIX B - STAFFORD ACT

SUBCHAPTER V¾MISCELLANEOUS
{701} §5201. Rules and regulations; acceptance of gifts
(a)
(1) The President may prescribe such rules and regulations as
may be necessary and proper to carry out any of the provisions
of this chapter, and he may exercise any power or authority
conferred on him by any section of this chapter either directly
or through such Federal agency or agencies as he may
designate.
(2) Deadline for payment of assistance. Rules and regulations
authorized by paragraph (1) shall provide that payment of any
assistance under this chapter to a State shall be completed
within 60 days after the date of approval of such assistance.
(b) In furtherance of the purposes of this chapter, 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.

APPENDIX B - STAFFORD ACT

B-71

§5202. Repealed.
Pub.L. 100-707, Title I, 108(c), Nov. 23, 1988, 102 Stat. 4708
§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.
§5204. Insular areas disaster survival and recovery;
definitions
As used in sections 5204 to 5204c of this title—
(1) 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;
(2) 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
(3) the term “Secretary” means the Secretary of the Interior.

B-72

APPENDIX B - STAFFORD ACT

§5204a. Authorization of appropriations for insular areas
There are hereby authorized to be appropriated to the Secretary
such sums as may be necessary to—
(1) reconstruct essential public facilities damaged by disasters in
the insular areas that occurred prior to February 24, 1992; and
(2) 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.
§5204b. Technical assistance for insular areas
(a) Presidential assessment of response capability; recovery plans.
Upon the declaration by the President of a disaster in an insular
area, the President, acting through the Director of the Federal
Emergency Management Agency, 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.

APPENDIX B - STAFFORD ACT

B-73

(b) Report to Congress. One year following the declaration by the
President of a disaster in an insular area, the Secretary, in
consultation with the Director of the Federal Emergency
Management Agency, 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.
§5204c. Hazard mitigation for insular areas
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. 5170b, 5172, 5173, 5174, and 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
amount of grants to be made under section 406 of such Act [42
U.S.C. 5172] for any disaster.