Robert T. Stafford Disaster Relief
and Emergency Assistance Act,
as amended, and Related
Authorities
FEMA 592, June 2007
Robert T. Stafford Disaster Relief and Emergency Assistance Act,
Public Law 93-288, as amended, 42 U.S.C. 5121-5207,
and Related Authorities
UNITED STATES CODE
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68. DISASTER RELIEF
Table of Contents
Title I -- Findings, Declarations and Definitions............................................................... 1
Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121) ................................. 1
Sec. 102. Definitions (42 U.S.C. 5122)* ............................................................................... 2
Title II -- Disaster Preparedness and Mitigation Assistance ........................................... 3
Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131) ................... 3
Sec. 202. Disaster Warnings (42 U.S.C. 5132)...................................................................... 4
Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133) ................................................... 5
Sec. 204. Interagency Task Force (42 U.S.C. 5134)..............................................................10
Title III -- Major Disaster and Emergency Assistance Administration..........................10
Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141)........................................10
Sec. 302. Coordinating Officers (42 U.S.C. 5143)* ..............................................................10
Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144)*...............................11
Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147).........................................12
Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148)..........................................12
Sec. 306. Performance of Services (42 U.S.C. 5149) ............................................................13
Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150)*.........................................13
Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151)* ...............................14
Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152)..........................15
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Sec. 310. Priority to Certain Applications for Public Facility and Public Housing
Assistance (42 U.S.C. 5153) ......................................................................................15
Sec. 311. Insurance (42 U.S.C. 5154)....................................................................................16
Prohibited Flood Disaster Assistance (42 U.S.C. 5154a) ......................................................17
Sec. 312. Duplication of Benefits (42 U.S.C. 5155)..............................................................18
Sec. 313. Standard of Review (42 U.S.C. 5156)....................................................................19
Sec. 314. Penalties (42 U.S.C. 5157).....................................................................................19
Sec. 315. Availability of Materials (42 U.S.C. 5158)............................................................20
Sec. 316. Protection of Environment (42 U.S.C. 5159).........................................................20
Sec. 317. Recovery of Assistance (42 U.S.C. 5160)..............................................................20
Sec. 318. Audits and Investigations (42 U.S.C. 5161) ..........................................................21
Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162) .................................................21
Sec. 320. Limitation on Use of Sliding Scale (42 U.S.C. 5163)............................................22
Sec. 321. Rules and Regulations (42 U.S.C. 5164) ...............................................................22
Sec. 322. Mitigation Planning (42 U.S.C. 5165) ...................................................................22
Sec. 323. Standards for Public and Private Structures (42 U.S.C. 5165a).............................23
Sec. 324. Management Costs (42 U.S.C. 5165b)...................................................................24
Sec. 325. Public Notice, Comment, and Consultation Requirements (42 U.S.C. 5165c) .....24
Sec. 326. Designation of Small State and Rural Advocate (42 U.S.C. 5165d)* ...................25
Title IV -- Major Disaster Assistance Programs...............................................................26
Sec. 401. Procedure for Declaration (42 U.S.C. 5170)..........................................................26
Sec. 402. General Federal Assistance (42 U.S.C. 5170a)*....................................................26
Sec. 403. Essential Assistance (42 U.S.C. 5170b)*...............................................................27
Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)* ..................................................................29
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Sec. 405. Federal Facilities (42 U.S.C. 5171)........................................................................31
Sec. 406. Repair, Restoration, and Replacement of Damaged Facilities
(42 U.S.C. 5172)* ......................................................................................................31
Sec. 407. Debris Removal (42 U.S.C. 5173)* .......................................................................39
Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174)* .................40
Sec. 410. Unemployment Assistance (42 U.S.C. 5177) ........................................................45
Sec. 412. Food Coupons and Distribution (42 U.S.C. 5179).................................................46
Sec. 413. Food Commodities (42 U.S.C. 5180).....................................................................46
Sec. 414. Relocation Assistance (42 U.S.C. 5181)................................................................46
Sec. 415. Legal Services (42 U.S.C. 5182)............................................................................47
Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183) ...............................47
Sec. 417. Community Disaster Loans (42 U.S.C. 5184)* .....................................................47
Sec. 418. Emergency Communications (42 U.S.C. 5185).....................................................48
Sec. 419. Emergency Public Transportation (42 U.S.C. 5186) .............................................48
Sec. 420. Fire Management Assistance (42 U.S.C. 5187).....................................................48
Sec. 421. Timber Sale Contracts (42 U.S.C. 5188) ...............................................................48
Sec. 422. Simplified Procedures (42 U.S.C. 5189)................................................................49
Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a) .............................................50
Sec. 424. Date of Eligibility; Expenses Incurred Before Date of Disaster (42 U.S.C.
5189b) ........................................................................................................................50
Sec. 425. Transportation Assistance to Individuals and Households (42 U.S.C. 5189c)* ....50
Sec. 426. Case Management Services (42 U.S.C. 5189d)* ...................................................50
Sec. 427. Essential Service Providers (42 U.S.C. 5189e)*....................................................50
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Title V -- Emergency Assistance Programs.......................................................................51
Sec. 501. Procedure for Declaration (42 U.S.C. 5191)..........................................................51
Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192)* ................................................52
Sec. 503. Amount of Assistance (42 U.S.C. 5193)................................................................53
Title VI -- Emergency Preparedness ..................................................................................54
Sec. 601. Declaration of Policy (42 U.S.C. 5195) .................................................................54
Sec. 602. Definitions (42 U.S.C. 5195a)................................................................................54
Sec. 603. Administration of Title (42 U.S.C. 5195b) ............................................................56
SUBTITLE A – POWERS AND DUTIES...............................................................................56
Sec. 611. Detailed Functions or Administration (42 U.S.C. 5196)* .....................................56
Sec. 612. Mutual Aid Pacts Between States and Neighboring Countries (42 U.S.C.
5196a) ........................................................................................................................61
Sec. 613. Contributions for Personnel and Administrative Expenses (42 U.S.C. 5196b)* ...61
Sec. 614. Requirement for State Matching Funds for Construction of Emergency
Operating Centers (42 U.S.C. 5196c) ........................................................................63
Sec. 615. Use of Funds to Prepare for and Respond to Hazards (42 U.S.C. 5196d) .............63
Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f)* ...................................63
SUBTITLE B – GENERAL PROVISIONS .............................................................................64
Sec. 621. Administrative Authority (42 U.S.C. 5197)...........................................................64
Sec. 622. Security Regulations (42 U.S.C. 5197a) ................................................................65
Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b).........................................................67
Sec. 624. Annual Report to Congress (42 U.S.C. 5197c)......................................................67
Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d).....................................................67
Sec. 626. Authorization of Appropriation and Transfers of Funds (42 U.S.C. 5197e) .........67
iv
Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f)...................................68
Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)...............................................68
Title VII – Miscellaneous.....................................................................................................68
Sec. 701. Rules and Regulations (42 U.S.C. 5201) ...............................................................68
Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205) ..........................................68
Sec. 706. Firearms Policies (42 U.S.C. 5207)* .....................................................................69
Title II -- Disaster Preparedness and Mitigation
Assistance
Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C.
5131)
(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;
3
(5) coordination of Federal, State, and local preparedness programs;
(6) application of science and technology;
(7) research.
Title VI -- Emergency Preparedness
Sec. 601. Declaration of policy (42 U.S.C. 5195)
The purpose of this title 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 title so that a comprehensive emergency
preparedness system exists for all hazards.
Sec. 602. Definitions (42 U.S.C. 5195a)
(a) Definitions - For purposes of this title only:
(1) Hazard - The term “hazard” means an emergency or disaster resulting
from–
(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,
54
shelter areas, and control centers, and, when appropriate, the nonmilitary
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).
(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 title,
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 .
(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 [include]
emergency preparedness activities conducted pursuant to this title.
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SUBTITLE A – POWERS AND DUTIES
Sec. 611. Detailed Functions or Administration (42 U.S.C. 5196)*
(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 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;
(3) developing equipment or facilities and effecting the standardization thereof
to meet emergency preparedness requirements; and
(4) plans that take into account the needs of individuals with pets and service
animals prior to, during, and following a major disaster or emergency.
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(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 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) Emergency preparedness compacts -
(1) The Director shall establish a program supporting the development of
emergency preparedness compacts for acts of terrorism, disasters, and
emergencies throughout the Nation, by -
(A) identifying and cataloging existing emergency preparedness
compacts for acts of terrorism, disasters, and emergencies at the
State and local levels of government;
(B) disseminating to State and local governments examples of best
practices in the development of emergency preparedness compacts
and models of existing emergency preparedness compacts, including
agreements involving interstate jurisdictions; and
(C) completing an inventory of Federal response capabilities for acts of
terrorism, disasters, and emergencies, making such inventory
available to appropriate Federal, State, and local government
officials, and ensuring that such inventory is as current and accurate
as practicable.
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(2) 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 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.
(3) 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.
(4) 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 title before the
approval of title by the Attorney General as required by section 255 of title
40 .
(3) 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.
(4) 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.
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(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) The Director may make financial contributions, on the basis of programs or
projects approved by the Director, to the States and local authorities for
animal emergency preparedness purposes, including the procurement,
construction, leasing, or renovating of emergency shelter facilities and
materials that will accommodate people with pets and service animals.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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
59
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.
(8) The Director shall submit to Congress a report, at least annually, regarding
all contributions made pursuant to this subsection.
(9) All laborers and mechanics employed by contractors or subcontractors in
the performance of construction work financed with the assistance of any
contribution of Federal funds made by the Director under 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 - 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.
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