42 Usc 5121

§ 5121

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

Sec.

5170b.
5170c.
5171.
5172.

5204b.
5204c.
5205.
5206.
5207.
5208.

Essential assistance.
Hazard mitigation.
Federal facilities.
Repair, restoration, and replacement of damaged facilities.
5173.
Debris removal.
5174.
Federal assistance to individuals and households.
5175, 5176. Repealed.
5177.
Unemployment assistance.
5177a.
Emergency grants to assist low-income migrant and seasonal farmworkers.
5178.
Repealed.
5179.
Benefits and distribution.
5180.
Food commodities.
5181.
Relocation assistance.
5182.
Legal services.
5183.
Crisis counseling assistance and training.
5184.
Community disaster loans.
5185.
Emergency communications.
5186.
Emergency public transportation.
5187.
Fire management assistance.
5188.
Timber sale contracts.
5189.
Simplified procedure.
5189a.
Appeals of assistance decisions.
5189b.
Date of eligibility; expenses incurred before
date of disaster.
5189c.
Transportation assistance to individuals and
households.
5189d.
Case management services.
5189e.
Essential service providers.
SUBCHAPTER IV–A—EMERGENCY ASSISTANCE
PROGRAMS
5191.
Procedure for declaration.
5192.
Federal emergency assistance.
5193.
Amount of assistance.
SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS
5195.
5195a.
5195b.
5195c.

Declaration of policy.
Definitions.
Administration of subchapter.
Critical infrastructures protection.

5196.
5196a.

Detailed functions of administration.
Mutual aid pacts between States and neighboring countries.
Contributions for personnel and administrative expenses.
Grants for construction of emergency operations centers.
Use of funds to prepare for and respond to
hazards.
Radiological Emergency Preparedness Fund.
Disaster related information services.

PART A—POWERS AND DUTIES

5196b.
5196c.
5196d.
5196e.
5196f.

PART B—GENERAL PROVISIONS
5197.
5197a.
5197b.
5197c.
5197d.
5197e.
5197f.
5197g.
5197h.

5201.
5202.
5203.
5204.
5204a.

Administrative authority.
Security regulations.
Use of existing facilities.
Annual report to Congress.
Applicability of subchapter.
Authorization of appropriations and transfers
of funds.
Relation to Atomic Energy Act of 1954.
Federal Bureau of Investigation.
Minority emergency preparedness demonstration program.
SUBCHAPTER V—MISCELLANEOUS
Rules and regulations.
Repealed.
Excess disaster assistance payments as budgetary emergency requirements.
Insular areas disaster survival and recovery;
definitions.
Authorization of appropriations for insular
areas.

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Technical assistance for insular areas.
Hazard mitigation for insular areas.
Disaster grant closeout procedures.
Buy American.
Firearms policies.
Disaster Relief report.

SUBCHAPTER I—FINDINGS,
DECLARATIONS, AND DEFINITIONS
§ 5121. Congressional findings and declarations
(a) The Congress hereby finds and declares
that—
(1) because disasters often cause loss of life,
human suffering, loss of income, and property
loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and
families with great severity;
special measures, designed to assist the efforts
of the affected States in expediting the rendering of aid, assistance, and emergency services,
and the reconstruction and rehabilitation of
devastated areas, are necessary.
(b) It is the intent of the Congress, by this
chapter, to provide an orderly and continuing
means of assistance by the Federal Government
to State and local governments in carrying out
their responsibilities to alleviate the suffering
and damage which result from such disasters
by—
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance
plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local
governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures
to reduce losses from disasters, including development of land use and construction regulations; and
(6) providing Federal assistance programs
for both public and private losses sustained in
disasters 1
(Pub. L. 93–288, title I, § 101, May 22, 1974, 88 Stat.
143; Pub. L. 100–707, title I, § 103(a), Nov. 23, 1988,
102 Stat. 4689.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143, as amended. For complete classification of this Act to the Code, see Short Title note set
out below and Tables.
AMENDMENTS
1988—Subsec. (b)(7). Pub. L. 100–707 struck out par. (7)
expressing Congressional intent to provide disaster assistance through a long-range economic recovery program for major disaster areas.
EFFECTIVE DATE
Section 605 of Pub. L. 93–288 provided that Pub. L.
93–288 was effective Apr. 1, 1974, with the exception of
1 So

in original. Probably should be followed by a period.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

section 5178 of this title, prior to repeal by Pub. L.
100–707, title I, § 108(b), Nov. 23, 1988, 102 Stat. 4708.

§ 5121

may be cited as the ‘Disaster Relief Act Amendments
of 1980’.’’

SHORT TITLE OF 2011 AMENDMENT

SHORT TITLE

Pub. L. 111–351, § 1, Jan. 4, 2011, 124 Stat. 3863, provided
that: ‘‘This Act [amending sections 5133, 5134, 5144,
5165d, 5170c, 5172, 5195a, 5195b, 5196 to 5196b, 5196f, 5197 to
5197c, and 5197h of this title and enacting provisions set
out as a note under section 5133 of this title] may be
cited as the ‘Predisaster Hazard Mitigation Act of
2010’.’’

Section 1 of Pub. L. 93–288, as amended by Pub. L.
100–707, title I, § 102(a), Nov. 23, 1988, 102 Stat. 4689; Pub.
L. 106–390, title III, § 301, Oct. 30, 2000, 114 Stat. 1572, provided: ‘‘That this Act [enacting this section, sections
3231 to 3236, 5122, 5131, 5132, 5141 to 5158, 5171 to 5189,
5201, and 5202 of this title, and section 1264 of former
Title 31, Money and Finance, amending sections 1706c,
1709, 1715l of Title 12, Banks and Banking, sections
241–1, 646, 758 of Title 20, Education, sections 165, 5064,
5708 of Title 26, Internal Revenue Code, section 1820
[now 3720] of Title 38, Veterans’ Benefits, section 461 of
former Title 40, Public Buildings, Property, and Works,
repealing sections 4401, 4402, 4411 to 4413, 4414 to 4420,
4431 to 4436, 4457 to 4462, 4481 to 4485 of this title, enacting provisions set out as notes under this section, sections 4401 and 5178 of this title, and section 1264 of
former Title 31, and amending provisions set out as a
note under section 1681 of Title 48, Territories and Insular Possessions] may be cited as the ‘Robert T. Stafford
Disaster Relief and Emergency Assistance Act’.’’

SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–308, § 1, Oct. 6, 2006, 120 Stat. 1725, provided
that: ‘‘This Act [amending sections 5170b, 5196, and
5196b of this title] may be cited as the ‘Pets Evacuation
and Transportation Standards Act of 2006’.’’
Pub. L. 109–218, § 1, Apr. 20, 2006, 120 Stat. 333, provided
that: ‘‘This Act [amending section 5150 of this title]
may be cited as the ‘Local Community Recovery Act of
2006’.’’
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–139, § 1, Dec. 22, 2005, 119 Stat. 2649, provided that: ‘‘This Act [amending section 5133 of this
title and provisions set out as a note under this section] may be cited as the ‘Predisaster Mitigation Program Reauthorization Act of 2005’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–390, § 1(a), Oct. 30, 2000, 114 Stat. 1552, provided that: ‘‘This Act [enacting sections 5133, 5134, 5165
to 5165c, 5205, and 5206 of this title, amending sections
3796b, 5122, 5154, 5170c, 5172, 5174, 5184, 5187, and 5192 of
this title, repealing sections 5176 and 5178 of this title,
and enacting provisions set out as notes under this section and sections 3796b, 5133, 5165b, 5172, 5174, and 5187
of this title] may be cited as the ‘Disaster Mitigation
Act of 2000’.’’
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103–181, § 1, Dec. 3, 1993, 107 Stat. 2054, provided
that: ‘‘This Act [amending section 5170c of this title
and enacting provisions set out as notes under sections
4601 and 5170c of this title] may be cited as the ‘Hazard
Mitigation and Relocation Assistance Act of 1993’.’’
SHORT TITLE OF 1988 AMENDMENT
Section 101(a) of title I of Pub. L. 100–707 provided
that: ‘‘This title [enacting sections 5141, 5153 to 5157,
5159 to 5164, 5170 to 5170c, 5172, 5174, 5178, 5189 to 5189b,
and 5191 to 5193 of this title, amending this section, sections 1382a, 3030, 3231, 3232, 3539, 4003, 4013, 5122, 5131,
5143, 5144, 5147 to 5152, 5158, 5171, 5173, 5176, 5177, 5179 to
5188, 5201, 7704, and 9601 of this title, sections 1421, 1427,
1427a, 1961, 1964, and 2014 of Title 7, Agriculture, sections 1706c, 1709, and 1715l of Title 12, Banks and Banking, section 636 of Title 15, Commerce and Trade, sections 1536 and 3505 of Title 16, Conservation, sections
241–1 and 646 of Title 20, Education, section 125 of Title
23, Highways, sections 165, 5064, and 5708 of Title 26, Internal Revenue Code, section 701n of Title 33, Navigation and Navigable Waters, and section 1820 [now 3720]
of Title 38, Veterans’ Benefits, repealing sections 5142,
5145, 5146, 5175, and 5202 of this title and former sections
5141, 5153 to 5157, 5172, 5174, 5178, and 5189 of this title,
enacting provisions set out as notes under this section
and sections 3231, 5122, and 5201 of this title, amending
provisions set out as a note under this section and section 1681 of Title 48, Territories and Insular Possessions, and repealing provisions set out as notes under
this section and former section 5178 of this title] may
be cited as ‘The Disaster Relief and Emergency Assistance Amendments of 1988’.’’

TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
DELEGATION OF FUNCTIONS
Functions of the President under the Disaster Relief
Acts of 1970 and 1974, with certain exceptions, were delegated to the Secretary of Homeland Security, see sections 4–201 and 4–203 of Ex. Ord. No. 12148, July 20, 1979,
44 F.R. 43239, as amended, set out as a note under section 5195 of this title.
REFERENCES TO DISASTER RELIEF ACT OF 1974
Section 102(b) of title I of Pub. L. 100–707 provided
that: ‘‘Whenever any reference is made in any law
(other than this Act [see Tables for classification]),
regulation, document, rule, record, or other paper of
the United States to a section or provision of the Disaster Relief Act of 1974 [former short title of Pub. L.
93–288], such reference shall be deemed to be a reference
to such section or provision of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act [Pub. L.
93–288, see Short Title note above].’’
REFERENCES TO DISASTER RELIEF ACT OF 1970
Section 702(m), formerly section 602(m), of Pub. L.
93–288, as renumbered by Pub. L. 103–337, div. C, title
XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100, provided that: ‘‘Whenever reference is made in any provision of law (other than this Act [see Short Title note
set out above]), regulation, rule, record, or documents
of the United States to provisions of the Disaster Relief
Act of 1970 (84 Stat. 1744), repealed by this Act such reference shall be deemed to be a reference to the appropriate provision of this Act.’’

SHORT TITLE OF 1980 AMENDMENT

REPORT ON STATE MANAGEMENT OF SMALL DISASTERS
INITIATIVE

Pub. L. 96–568, § 1, Dec. 23, 1980, 94 Stat. 3334, provided:
‘‘That this Act [amending section 5202 of this title]

Pub. L. 106–390, title II, § 208, Oct. 30, 2000, 114 Stat.
1571, provided that: ‘‘Not later than 3 years after the

§ 5122

TITLE 42—THE PUBLIC HEALTH AND WELFARE

date of the enactment of this Act [Oct. 30, 2000], the
President shall submit to Congress a report describing
the results of the State Management of Small Disasters
Initiative, including—
‘‘(1) identification of any administrative or financial benefits of the initiative; and
‘‘(2) recommendations concerning the conditions, if
any, under which States should be allowed the option
to administer parts of the assistance program under
section 406 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172).’’
STUDY REGARDING COST REDUCTION
Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat.
1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119
Stat. 2649, provided that: ‘‘Not later than September 30,
2007, the Director of the Congressional Budget Office
shall complete a study estimating the reduction in
Federal disaster assistance that has resulted and is
likely to result from the enactment of this Act [see
Short Title of 2000 Amendment note above].’’
STUDY OF PARTICIPATION BY INDIAN TRIBES IN
EMERGENCY MANAGEMENT
Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat.
1575, required the Director of the Federal Emergency
Management Agency to conduct a study of participation by Indian tribes in emergency management and
submit a report no later than 1 year after Oct. 30, 2000.
NATIONAL DROUGHT POLICY
Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended
by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat.
1170, known as the ‘‘National Drought Policy Act of
1998’’, established the National Drought Policy Commission to study and submit a report on national
drought policy and terminated the Commission 90 days
after the submission of the report.
RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELATIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS
Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat.
4710, provided that not later than 1 year after Nov. 23,
1988, the President was to recommend to the Congress
proposals to improve the operational and fiscal relationships that exist among Federal, State, and local
major disaster and emergency management officials,
including provisions which would decrease the amount
of time for processing requests for major disaster and
emergency declarations and providing Federal assistance for major disasters and emergencies, provide for
more effective utilization of State and local resources
in relief efforts, and improve the timeliness of reimbursement.
DECLARED DISASTERS AND EMERGENCIES NOT AFFECTED
Pub. L. 100–707, title I, § 112, Nov. 23, 1988, 102 Stat.
4711, provided that: ‘‘This title [see Short Title of 1988
Amendment note above] shall not affect the administration of any assistance for a major disaster or emergency declared by the President before the date of the
enactment of this Act [Nov. 23, 1988].’’
EXECUTIVE ORDER NO. 11749
Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which
related to consolidation of functions assigned to Secretary of Housing and Urban Development, was revoked
by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out
as a note under section 5195 of this title.
EX. ORD. NO. 11795. DELEGATION OF PRESIDENTIAL
FUNCTIONS
Ex. Ord. No. 11795, July 11, 1974, 39 F.R. 25939, as
amended by Ex. Ord. No. 11910, Apr. 13, 1976, 41 F.R.
15681; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex.
Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided:
By virtue of the authority vested in me by the Disaster Relief Act of 1974 (Public Law 93–288; 88 Stat. 143)

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[see References to Disaster Relief Act of 1974 note
above], section 301 of title 3 of the United States Code,
and as President of the United States of America, it is
hereby ordered as follows:
[SECTIONS 1 and 2. Revoked by Ex. Ord. No. 12148,
§ 5–111, July 20, 1979, 44 F.R. 43239.]
SEC. 3. The Secretary of Agriculture is designated
and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by section 412 of the act
[section 5179 of this title] concerning food coupons and
distribution.
[SEC. 4. Revoked by Ex. Ord. No. 12148, § 5–111, July 20,
1979, 44 F.R. 43239.]
[References to a ‘‘coupon’’ provided under the Food
and Nutrition Act of 2008 considered to refer to a ‘‘benefit’’ under that Act, see section 4115(d) of Pub. L.
110–246, set out as a note under section 2012 of Title 7,
Agriculture.]
SEISMIC SAFETY OF FEDERAL AND FEDERALLY ASSISTED
OR REGULATED NEW BUILDING CONSTRUCTION
For provisions relating to seismic safety requirements for new construction or total replacement of a
building under this chapter after a presidentially declared major disaster or emergency, see Ex. Ord. No.
12699, Jan. 5, 1990, 55 F.R. 835, set out as a note under
section 7704 of this title.

§ 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, winddriven
water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm,
or drought), or, regardless of cause, any fire,
flood, or explosion, in any part of the United
States, which in the determination of the President causes damage of sufficient severity and
magnitude to warrant major disaster assistance
under this chapter to supplement the efforts and
available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering
caused thereby.
(3) ‘‘United States’’ means the fifty States, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(4) ‘‘State’’ means any State of the United
States, the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
(5) ‘‘Governor’’ means the chief executive of
any State.
(6) INDIVIDUAL WITH A DISABILITY.—The term
‘‘individual with a disability’’ means an individual with a disability as defined in section
12102(2) of this title.
(7) LOCAL GOVERNMENT.—The term ‘‘local government’’ means—
(A) a county, municipality, city, town, township, local public authority, school district,
special district, intrastate district, council of