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ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT
[Public Law 93–288; Approved May 22, 1974]
[As Amended Through P.L. 116–48, Enacted August 22, 2019]
øCurrency: This publication is a compilation of the text of Public Law 93-288. It was
last amended by the public law listed in the As Amended Through note above and
below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
AN ACT Entitled the ‘‘Disaster Relief Act Amendments of 1974’’.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Robert T. Stafford Disaster Relief and Emergency Assistance Act’’.
ø42 U.S.C. 5121 note¿
TITLE I—FINDINGS, DECLARATIONS, AND DEFINITIONS
FINDINGS AND DECLARATIONS
SEC. 101. (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 Act, to provide an
orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from
such disasters by—
(1) revising and broadening the scope of existing disaster
relief programs;
1
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Sec. 102
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY...
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(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
ø42 U.S.C. 5121¿
DEFINITIONS
SEC. 102. As used in this Act—
(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 Act to supplement the efforts and available resources of States, local governments, and
disaster relief organizations in alleviating the damage, loss,
hardship, or suffering caused thereby.
(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) INDIAN TRIBAL GOVERNMENT.—The term ‘‘Indian tribal
government’’ means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community
that the Secretary of the Interior acknowledges to exist as an
Indian tribe under the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 479a et seq.).
(7) INDIVIDUAL WITH A DISABILITY.—The term ‘‘individual
with a disability’’ means an individual with a disability as de1 So
in original. Probably should be followed by a period.
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fined in section 3(2) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102(2)).
(8) 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 governments (regardless of whether the
council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government;
(B) an Indian tribe or authorized tribal organization,
or Alaska Native village or organization, that is not an Indian tribal government as defined in paragraph (6); and
(C) a rural community, unincorporated town or village,
or other public entity, for which an application for assistance is made by a State or political subdivision of a State.
(9) ‘‘Federal agency’’ means any department, independent
establishment, Government corporation, or other agency of the
executive branch of the Federal Government, including the
United States Postal Service, but shall not include the American National Red Cross.
(10) 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) Any non-Federal-aid street, road, or highway.
(C) Any other public building, structure, or system, including those used for educational, recreational, or cultural
purposes.
(D) Any park.
(11) PRIVATE NONPROFIT FACILITY.—
(A) IN GENERAL.—The term ‘‘private nonprofit facility’’
means private nonprofit educational (without regard to the
religious character of the facility), center-based childcare,
utility, irrigation, emergency, medical, rehabilitational,
and temporary or permanent custodial care facilities (including those for the aged and disabled) and facilities on
Indian reservations, as defined by the President.
(B) ADDITIONAL FACILITIES.—In addition to the facilities described in subparagraph (A), the term ‘‘private nonprofit facility’’ includes any private nonprofit facility that
provides essential social services to the general public (including museums, zoos, performing arts facilities, community arts centers, community centers, libraries, homeless
shelters, senior citizen centers, rehabilitation facilities,
shelter workshops, food banks, broadcasting facilities,
houses of worship, and facilities that provide health and
safety services of a governmental nature), as defined by
the President. No house of worship may be excluded from
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ganization operating the house of worship is limited to persons who share a religious faith or practice.
(12) CHIEF EXECUTIVE.—The term ‘‘Chief Executive’’ means
the person who is the Chief, Chairman, Governor, President, or
similar executive official of an Indian tribal government.
ø42 U.S.C. 5122¿
SEC. 103. REFERENCES.
Except as otherwise specifically provided, any reference in this
Act to ‘‘State and local’’, ‘‘State or local’’, ‘‘State, and local’’, ‘‘State,
or local’’, or ‘‘State, local’’ (including plurals) with respect to governments or officials and any reference to a ‘‘local government’’ in sections 406(d)(3) and 417 is deemed to refer also to Indian tribal governments and officials, as appropriate.
ø42 U.S.C. 5123¿
TITLE II—DISASTER PREPAREDNESS
AND MITIGATION ASSISTANCE
FEDERAL AND STATE DISASTER PREPAREDNESS PROGRAMS
SEC. 201. (a) The President is authorized to establish a program of disaster preparedness that utilizes services of all appropriate agencies and includes—
(1) preparation of disaster preparedness plans for mitigation, warning, emergency operations, rehabilitation, and recovery;
(2) training and exercises;
(3) postdisaster critiques and evaluations;
(4) annual review of programs;
(5) coordination of Federal, State, and local preparedness
programs;
(6) application of science and technology;
(7) research.
(b) 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) Upon application by a State, the President is authorized to
make grants, not to exceed in the aggregate to such State $250,000,
for the development of plans, programs, and capabilities for disaster preparedness and prevention. Such grants shall be applied
for within one year from the date of enactment of this Act. 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
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(2) include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and conduct of required exercises.
(d) The President is authorized to make grants not to exceed
50 per centum of the cost of improving, maintaining and updating
State disaster assistance plans, including evaluations of natural
hazards and development of the programs and actions required to
mitigate such hazards, except that no such grant shall exceed
$50,000 per annum to any State.
ø42 U.S.C. 5131¿
DISASTER WARNINGS
SEC. 202. (a) The President shall insure that all appropriate
Federal agencies are prepared to issue warnings of disasters to
State and local officials.
(b) 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) 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 611(c) of this Act or any other Federal communications
system for the purpose of providing warning to governmental authorities and the civilian population in areas endangered by disasters.
(d) 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.
ø42 U.S.C. 5132¿
SEC. 203. PREDISASTER HAZARD MITIGATION.
(a) DEFINITION OF SMALL IMPOVERISHED
COMMUNITY.—In this
section, the term ‘‘small impoverished community’’ means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President.
(b) ESTABLISHMENT OF PROGRAM.—The President may establish a program to provide technical and financial assistance to
States and local governments to assist in the implementation of
predisaster hazard mitigation measures that are cost-effective and
are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the jurisdiction of the States or local governments.
(c) APPROVAL BY PRESIDENT.—If the President determines that
a State or local government has identified natural disaster hazards
in areas under its jurisdiction and has demonstrated the ability to
form effective public-private natural disaster hazard mitigation
partnerships, the President, using amounts in the National Public
Infrastructure Predisaster Mitigation Fund established under subsection (i) (referred to in this section as the ‘‘Fund’’), may provide
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technical and financial assistance to the State or local government
to be used in accordance with subsection (e).
(d) STATE RECOMMENDATIONS.—
(1) IN GENERAL.—
(A) RECOMMENDATIONS.—The Governor of each State
may recommend to the President not fewer than five local
governments to receive assistance under this section.
(B) DEADLINE FOR SUBMISSION.—The recommendations
under subparagraph (A) shall be submitted to the President not later than October 1, 2001, and each October 1st
thereafter or such later date in the year as the President
may establish.
(C) CRITERIA.—In making recommendations under
subparagraph (A), a Governor shall consider the criteria
specified in subsection (g).
(2) USE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), in providing assistance to local governments under
this section, the President shall select from local governments recommended by the Governors under this subsection.
(B) EXTRAORDINARY CIRCUMSTANCES.—In providing assistance to local governments under this section, the President may select a local government that has not been recommended by a Governor under this subsection if the
President determines that extraordinary circumstances
justify the selection and that making the selection will further the purpose of this section.
(3) EFFECT OF FAILURE TO NOMINATE.—If a Governor of a
State fails to submit recommendations under this subsection in
a timely manner, the President may select, subject to the criteria specified in subsection (g), any local governments of the
State to receive assistance under this section.
(e) USES OF TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—Technical and financial assistance provided under this section—
(A) shall be used by States and local governments
principally to implement predisaster hazard mitigation
measures that are cost-effective and are described in proposals approved by the President under this section; and
(B) may be used—
(i) to support effective public-private natural disaster hazard mitigation partnerships;
(ii) to improve the assessment of a community’s
vulnerability to natural hazards;
(iii) to establish hazard mitigation priorities, and
an appropriate hazard mitigation plan, for a community; or
(iv) to establish and carry out enforcement activities and implement the latest published editions of relevant consensus-based codes, specifications, and
standards that incorporate the latest hazard-resistant
designs and establish minimum acceptable criteria for
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tial structures and facilities that may be eligible for
assistance under this Act for the purpose of protecting
the health, safety, and general welfare of the buildings’ users against disasters.
(2) DISSEMINATION.—A State or local government may use
not more than 10 percent of the financial assistance received
by the State or local government under this section for a fiscal
year to fund activities to disseminate information regarding
cost-effective mitigation technologies.
(f) ALLOCATION OF FUNDS.—
(1) IN GENERAL.—The President shall award financial assistance under this section on a competitive basis for mitigation activities that are cost effective and in accordance with the
criteria in subsection (g).
(2) MINIMUM AND MAXIMUM AMOUNTS.—In providing financial assistance under this section, the President shall ensure
that the amount of financial assistance made available to a
State (including amounts made available to local governments
of the State) for a fiscal year—
(A) is not less than the lesser of—
(i) $575,000; or
(ii) the amount that is equal to 1 percent of the
total funds appropriated to carry out this section for
the fiscal year; and
(B) does not exceed the amount that is equal to 15 percent of the total funds appropriated to carry out this section for the fiscal year.
(3) REDISTRIBUTION OF UNOBLIGATED AMOUNTS.—The
President may—
(A) withdraw amounts of financial assistance made
available to a State (including amounts made available to
local governments of a State) under this subsection that
remain unobligated by the end of the third fiscal year after
the fiscal year for which the amounts were allocated; and
(B) in the fiscal year following a fiscal year in which
amounts were withdrawn under subparagraph (A), add the
amounts to any other amounts available to be awarded on
a competitive basis pursuant to paragraph (1).
(g) CRITERIA FOR ASSISTANCE AWARDS.—In determining whether to provide technical and financial assistance to a State or local
government under this section, the President shall provide financial assistance only in States that have received a major disaster
declaration in the previous 7 years, or to any Indian tribal government located partially or entirely within the boundaries of such
States, and take into account—
(1) the extent and nature of the hazards to be mitigated;
(2) the degree of commitment of the State or local government to reduce damages from future natural disasters;
(3) the degree of commitment by the State or local government to support ongoing non-Federal support for the hazard
mitigation measures to be carried out using the technical and
financial assistance;
(4) the extent to which the hazard mitigation measures to
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tribute to the mitigation goals and priorities established by the
State;
(5) the extent to which the technical and financial assistance is consistent with other assistance provided under this
Act;
(6) the extent to which prioritized, cost-effective mitigation
activities that produce meaningful and definable outcomes are
clearly identified;
(7) if the State or local government has submitted a mitigation plan under section 322, the extent to which the activities identified under paragraph (6) are consistent with the
mitigation plan;
(8) the opportunity to fund activities that maximize net
benefits to society;
(9) the extent to which assistance will fund mitigation activities in small impoverished communities;
(10) the extent to which the State, local, Indian tribal, or
territorial government has facilitated the adoption and enforcement of the latest published editions of relevant consensusbased codes, specifications, and standards, including amendments made by State, local, Indian tribal, or territorial governments during the adoption process that incorporate the latest
hazard-resistant designs and establish criteria for the design,
construction, and maintenance of residential structures and facilities that may be eligible for assistance under this Act for
the purpose of protecting the health, safety, and general welfare of the buildings’ users against disasters;
(11) the extent to which the assistance will fund activities
that increase the level of resiliency; and
(12) such other criteria as the President establishes in consultation with State and local governments.
(h) FEDERAL SHARE.—
(1) IN GENERAL.—Financial assistance provided under this
section may contribute up to 75 percent of the total cost of
mitigation activities approved by the President.
(2) SMALL IMPOVERISHED COMMUNITIES.—Notwithstanding
paragraph (1), the President may contribute up to 90 percent
of the total cost of a mitigation activity carried out in a small
impoverished community.
(i) NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER MITIGATION ASSISTANCE.—
(1) IN GENERAL.—The President may set aside from the
Disaster Relief Fund, with respect to each major disaster, an
amount equal to 6 percent of the estimated aggregate amount
of the grants to be made pursuant to sections 403, 406, 407,
408, 410, 416, and 428 for the major disaster in order to provide technical and financial assistance under this section and
such set aside shall be deemed to be related to activities carried out pursuant to major disasters under this Act.
(2) ESTIMATED AGGREGATE AMOUNT.—Not later than 180
days after each major disaster declaration pursuant to this Act,
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mated amount need not be reduced, increased, or changed due
to variations in estimates.
(3) NO REDUCTION IN AMOUNTS.—The amount set aside
pursuant to paragraph (1) shall not reduce the amounts otherwise made available for sections 403, 404, 406, 407, 408, 410,
416, and 428 under this Act.
(j) MULTIHAZARD ADVISORY MAPS.—
(1) DEFINITION OF MULTIHAZARD ADVISORY MAP.—In this
subsection, the term ‘‘multihazard advisory map’’ means a map
on which hazard data concerning each type of natural disaster
is identified simultaneously for the purpose of showing areas
of hazard overlap.
(2) DEVELOPMENT OF MAPS.—In consultation with States,
local governments, and appropriate Federal agencies, the
President shall develop multihazard advisory maps for areas,
in not fewer than five States, that are subject to commonly recurring natural hazards (including flooding, hurricanes and severe winds, and seismic events).
(3) USE OF TECHNOLOGY.—In developing multihazard advisory maps under this subsection, the President shall use, to
the maximum extent practicable, the most cost-effective and efficient technology available.
(4) USE OF MAPS.—
(A) ADVISORY NATURE.—The multihazard advisory
maps shall be considered to be advisory and shall not require the development of any new policy by, or impose any
new policy on, any government or private entity.
(B) AVAILABILITY OF MAPS.—The multihazard advisory
maps shall be made available to the appropriate State and
local governments for the purposes of—
(i) informing the general public about the risks of
natural hazards in the areas described in paragraph
(2);
(ii) supporting the activities described in subsection (e); and
(iii) other public uses.
(k) REPORT ON FEDERAL AND STATE ADMINISTRATION.—Not
later than 18 months after the date of the enactment of this section, the President, in consultation with State and local governments, shall submit to Congress a report evaluating efforts to implement this section and recommending a process for transferring
greater authority and responsibility for administering the assistance program established under this section to capable States.
(l) PROHIBITION ON EARMARKS.—
(1) DEFINITION.—In this subsection, the term ‘‘congressionally directed spending’’ means a statutory provision or report
language included primarily at the request of a Senator or a
Member, Delegate or Resident Commissioner of the House of
Representatives providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan
guarantee, grant, loan authority, or other expenditure with or
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gressional district, other than through a statutory or administrative formula-driven or competitive award process.
(2) PROHIBITION.—None of the funds appropriated or otherwise made available to carry out this section may be used for
congressionally directed spending.
(3) CERTIFICATION TO CONGRESS.—The Administrator of
the Federal Emergency Management Agency shall submit to
Congress a certification regarding whether all financial assistance under this section was awarded in accordance with this
section.
(m) 2 LATEST PUBLISHED EDITIONS.—For purposes of subsections (e)(1)(B)(iv) and (g)(10), the term ‘‘latest published editions’’ means, with respect to relevant consensus-based codes, specifications, and standards, the 2 most recently published editions.
ø42 U.S.C. 5133¿
SEC. 204. INTERAGENCY TASK FORCE.
(a) IN GENERAL.—The President
shall establish a Federal
interagency task force for the purpose of coordinating the implementation of predisaster hazard mitigation programs administered
by the Federal Government.
(b) CHAIRPERSON.—The Administrator of the Federal Emergency Management Agency shall serve as the chairperson of the
task force.
(c) MEMBERSHIP.—The membership of the task force shall include representatives of—
(1) relevant Federal agencies;
(2) State and local government organizations (including Indian tribes); and
(3) the American Red Cross.
ø42 U.S.C. 5134¿
TITLE
III—MAJOR
DISASTER
AND
EMERGENCY ASSISTANCE ADMINISTRATION
SEC. 301. 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.
ø42 U.S.C. 5141¿
2 Section 1234(d) of division D of Public Law 115–254 states ‘‘On the date that is 5 years after
the date of enactment of this Act [effective on October 5, 2023], section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended by striking
subsection (m), as added by subsection (a)(8) of this section.’’.
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COORDINATING OFFICERS
SEC. 302. (a) 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) In order to effectuate the purposes of this Act, the Federal
coordinating officer, within the affected area, shall—
(1) make an initial appraisal of the types of relief most urgently needed;
(2) establish such field offices as he deems necessary and
as are authorized by the President;
(3) coordinate the administration of relief, including activities of the State and local governments, the American National
Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, which
agree to operate under his advise or direction, except that
nothing contained in this Act shall limit or in any way affect
the responsibilities of the American National Red Cross under
the Act of January 5, 1905, as amended (33 Stat. 599); and
(4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this Act, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to
which they are entitled.
(c) When the President determines assistance under this Act is
necessary, he shall request that the Governor of the affected State
designate a State coordinating officer for the purpose of coordinating State and local disaster assistance efforts with those of the
Federal Government.
(d) Where the area affected by a major disaster or emergency
includes parts of more than 1 State, the President, at the discretion
of the President, may appoint a single Federal coordinating officer
for the entire affected area, and may appoint such deputy Federal
coordinating officers to assist the Federal coordinating officer as
the President determines appropriate.
ø42 U.S.C. 5143¿
SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS. 3
(a) EMERGENCY SUPPORT TEAMS.—The President
shall form
emergency support teams of Federal personnel to be deployed in an
area affected by a major disaster or emergency. Such emergency
support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to this Act. Upon request of
3 Paragraph
(1) of section 633 of Public Law 109–295 provides as follows:
SEC. 633. EMERGENCY RESPONSE TEAMS.
Section 303 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5144) is amended—
(1) by striking ‘‘sec. 303.’’ and all that follows through ‘‘The President shall’’ and inserting
the following:
‘‘SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.
‘‘(a) EMERGENCY SUPPORT TEAMS.—The President shall’’; and
Such amendment should have struck the centered section heading which precedes ‘‘SEC. 303.’’
and reads ‘‘EMERGENCY SUPPORT TEAM’’ and all that follows through ‘‘The President shall’’. The
amendment was executed to reflect the probable intent of Congress.
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12
the President, the head of any Federal agency is directed to detail
to temporary duty with the emergency support teams on either a
reimbursable or nonreimbursable basis, as is determined necessary
by the President, such personnel within the administrative jurisdiction of the head of the Federal agency as the President may need
or believe to be useful for carrying out the functions of the emergency support teams, each such detail to be without loss of seniority, pay, or other employee status.
(b) EMERGENCY RESPONSE TEAMS.—
(1) ESTABLISHMENT.—In carrying out subsection (a), the
President, acting through the Administrator of the Federal
Emergency Management Agency, shall establish—
(A) at a minimum 3 national response teams; and
(B) sufficient regional response teams, including Regional Office strike teams under section 507 of the Homeland Security Act of 2002; and
(C) other response teams as may be necessary to meet
the incident management responsibilities of the Federal
Government.
(2) TARGET CAPABILITY LEVEL.—The Administrator shall
ensure that specific target capability levels, as defined pursuant to the guidelines established under section 646(a) of the
Post-Katrina Emergency Management Reform Act of 2006, are
established for Federal emergency response teams.
(3) PERSONNEL.—The President, acting through the Administrator, shall ensure that the Federal emergency response
teams consist of adequate numbers of properly planned, organized, equipped, trained, and exercised personnel to achieve
the established target capability levels. Each emergency response team shall work in coordination with State and local officials and onsite personnel associated with a particular incident.
(4) READINESS REPORTING.—The Administrator shall evaluate team readiness on a regular basis and report team readiness levels in the report required under section 652(a) of the
Post-Katrina Emergency Management Reform Act of 2006.
ø42 U.S.C. 5144¿
REIMBURSEMENT
SEC. 304. Federal agencies may be reimbursed for expenditures
under this Act from funds appropriated for the purposes of this
Act. Any funds received by Federal agencies as reimbursement for
services or supplies furnished under the authority of this Act shall
be deposited to the credit of the appropriation or appropriations
currently available for such services or supplies.
ø42 U.S.C. 5147¿
NONLIABILITY
SEC. 305. The Federal Government shall not be liable for any
claim based upon the exercise or performance of or the failure to
exercise or perform a discretionary function or duty on the part of
a Federal agency or an employee of the Federal Government in carrying out the provisions of this Act.
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ø42 U.S.C. 5148¿
PERFORMANCE OF SERVICES
SEC. 306. (a) In carrying out the purposes of this Act, any Federal agency is authorized to accept and utilize the services or facilities of any State or local government, or of any agency, office, or
employee thereof, with the consent of such government.
(b) In performing any services under this Act, 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, United States Code, 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.
(c) The Administrator of the Federal Emergency Management
Agency is authorized to appoint temporary personnel, after serving
continuously for 3 years, to positions in the Federal Emergency
Management Agency in the same manner that competitive service
employees with competitive status are considered for transfer, reassignment, or promotion to such positions. An individual appointed
under this subsection shall become a career-conditional employee,
unless the employee has already completed the service requirements for career tenure.
ø42 U.S.C. 5149¿
SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS.
(a) CONTRACTS OR AGREEMENTS WITH PRIVATE ENTITIES.—
(1) IN GENERAL.—In the expenditure of Federal funds
for
debris clearance, distribution of supplies, reconstruction, and
other major disaster or emergency assistance activities which
may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to
the extent feasible and practicable, to those organizations,
firms, and individuals residing or doing business primarily in
the area affected by such major disaster or emergency.
(2) CONSTRUCTION.—This subsection shall not be considered to restrict the use of Department of Defense resources
under this Act in the provision of assistance in a major disaster.
(3) SPECIFIC GEOGRAPHIC AREA.—In carrying out this section, a contract or agreement may be set aside for award based
on a specific geographic area.
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(b) IMPLEMENTATION.—
(1) CONTRACTS NOT TO ENTITIES IN AREA.—Any expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency
assistance activities which may be carried out by contract or
agreement with private organizations, firms, or individuals,
not awarded to an organization, firm, or individual residing or
doing business primarily in the area affected by such major
disaster shall be justified in writing in the contract file.
(2) TRANSITION.—Following the declaration of an emergency or major disaster, an agency performing response, relief,
and reconstruction activities shall transition work performed
under contracts in effect on the date on which the President
declares the emergency or major disaster to organizations,
firms, and individuals residing or doing business primarily in
any area affected by the major disaster or emergency, unless
the head of such agency determines that it is not feasible or
practicable to do so.
(3) FORMULATION OF REQUIREMENTS.—The head of a Federal agency, as feasible and practicable, shall formulate appropriate requirements to facilitate compliance with this section.
(c) PRIOR CONTRACTS.—Nothing in this section shall be construed to require any Federal agency to breach or renegotiate any
contract in effect before the occurrence of a major disaster or emergency.
ø42 U.S.C. 5150¿
NONDISCRIMINATION IN DISASTER ASSISTANCE
SEC. 308. (a) The President shall issue, and may alter and
amend, such regulations as may be necessary for the guidance of
personnel carrying out Federal assistance functions at the site of
a major disaster or emergency. Such regulations shall include provisions for insuring that the distribution of supplies, the processing
of applications, and other relief and assistance activities shall be
accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex,
age, disability, English proficiency, or economic status.
(b) As a condition of participation in the distribution of assistance or supplies under this Act or of receiving assistance under
this Act, governmental bodies and other organizations shall be required to comply with regulations relating to nondiscrimination
promulgated by the President, and such other regulations applicable to activities within an area affected by a major disaster or
emergency as he deems necessary for the effective coordination of
relief efforts.
ø42 U.S.C. 5151¿
USE AND COORDINATION OF RELIEF ORGANIZATIONS
SEC. 309. (a) In providing relief and assistance under this Act,
the President may utilize, with their consent, the personnel and facilities of the American National Red Cross, the Salvation Army,
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Sec. 311
tions, in the distribution of medicine, food, supplies, or other items,
and in the restoration, rehabilitation, or reconstruction of community services housing and essential facilities, whenever the President finds that such utilization is necessary.
(b) The President is authorized to enter into agreements with
the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, long-term recovery groups, domestic hunger relief, and other relief, or disaster assistance organizations
under which the disaster relief activities of such organizations may
be coordinated by the Federal coordinating officer whenever such
organizations are engaged in providing relief during and after a
major disaster or emergency. Any such agreement shall include
provisions assuring that use of Federal facilities, supplies, and
services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated
by the President under this Act, and such other regulation as the
President may require.
ø42 U.S.C. 5152¿
SEC. 310. 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 for the provision of low-income housing.
(2) Section 702 of the Housing Act of 1954 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.
(4) Section 306 of the Consolidated Farm and Rural Development Act.
(5) The Public Works and Economic Development Act of
1965.
(6) The Appalachian Regional Development Act of 1965.
(7) The Federal Water Pollution Control Act.
(b) OBLIGATION OF CERTAIN DISCRETIONARY FUNDS.—In the obligation of discretionary funds or funds which are not allocated
among the States or political subdivisions of a State, the Secretary
of Housing and Urban Development and the Secretary of Commerce shall give priority to applications for projects for major disaster areas.
ø42 U.S.C. 5153¿
SEC. 311. INSURANCE.
(a) APPLICANTS FOR REPLACEMENT OF DAMAGED FACILITIES.—
(1) COMPLIANCE WITH CERTAIN REGULATIONS.—An appli-
cant for assistance under section 406 of this Act (relating to repair, restoration, and replacement of damaged facilities), section 422 of this Act (relating to simplified procedure) or section
209(c)(2) of the Public Works and Economic Development Act
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ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY...
16
of 1965 (42 U.S.C. 3149(c)(2)) shall comply with regulations
prescribed by the President to assure that, with respect to any
property to be replaced, restored, repaired, or constructed with
such assistance, such types and extent of insurance will be obtained and maintained as may be reasonably available, adequate, and necessary, to protect against future loss to such
property.
(2) DETERMINATION.—In making a determination with respect to availability, adequacy, and necessity under paragraph
(1), the President shall not require greater types and extent of
insurance than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation
of such insurance.
(b) MAINTENANCE OF INSURANCE.—No applicant for assistance
under section 406 of this Act (relating to repair, restoration, and
replacement of damaged facilities), section 422 of this Act (relating
to simplified procedure), or section 209(c)(2) of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3149(c)(2)) may
receive such assistance for any property or part thereof for which
the applicant has previously received assistance under this Act unless all insurance required pursuant to this section has been obtained and maintained with respect to such property. The requirements of this subsection may not be waived under section 301.
(c) STATE ACTING AS SELF-INSURER.—A State may elect to act
as a self-insurer with respect to any or all of the facilities owned
by the State. Such an election, if declared in writing at the time
of acceptance of assistance under section 406 or 422 of this Act or
section 209(c)(2) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3149(c)(2)) or subsequently and accompanied
by a plan for self-insurance which is satisfactory to the President,
shall be deemed compliance with subsection (a). No such self-insurer may receive assistance under section 406 or 422 of this Act
for any property or part thereof for which it has previously received
assistance under this Act, to the extent that insurance for such
property or part thereof would have been reasonably available.
ø42 U.S.C. 5154¿
SEC. 312. DUPLICATION OF BENEFITS.
(a) GENERAL PROHIBITION.—The
President, in consultation
with the head of each Federal agency administering any program
providing financial assistance to persons, business concerns, or
other entities suffering losses as a result of a major disaster or
emergency, shall assure that no such person, business concern, or
other entity will receive such assistance with respect to any part
of such loss as to which he has received financial assistance under
any other program or from insurance or any other source.
(b) SPECIAL RULES.—
(1) LIMITATION.—This section shall not prohibit the provision of Federal assistance to a person who is or may be entitled
to receive benefits for the same purposes from another source
if such person has not received such other benefits by the time
of application for Federal assistance and if such person agrees
to repay all duplicative assistance to the agency providing the
Federal assistance.
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(2) PROCEDURES.—The President shall establish such procedures as the President considers necessary to ensure uniformity in preventing duplication of benefits.
(3) EFFECT OF PARTIAL BENEFITS.—Receipt of partial benefits for a major disaster or emergency shall not preclude provision of additional Federal assistance for any part of a loss or
need for which benefits have not been provided.
(4) 4 WAIVER OF GENERAL PROHIBITION.—
(A) IN GENERAL.—The President may waive the general prohibition provided in subsection (a) upon request of
a Governor on behalf of the State or on behalf of a person,
business concern, or any other entity suffering losses as a
result of a major disaster or emergency, if the President
finds such waiver is in the public interest and will not result in waste, fraud, or abuse. In making this decision, the
President may consider the following:
(i) The recommendations of the Administrator of
the Federal Emergency Management Agency made in
consultation with the Federal agency or agencies administering the duplicative program.
(ii) If a waiver is granted, the assistance to be
funded is cost effective.
(iii) Equity and good conscience.
(iv) Other matters of public policy considered appropriate by the President.
(B) GRANT OR DENIAL OF WAIVER.—A request under
subparagraph (A) shall be granted or denied not later than
45 days after submission of such request.
(C) PROHIBITION ON DETERMINATION THAT LOAN IS A
DUPLICATION.—Notwithstanding subsection (c), in carrying
out subparagraph (A), the President may not determine
that a loan is a duplication of assistance, provided that all
Federal assistance is used toward a loss suffered as a result of the major disaster or emergency.
(c) RECOVERY OF DUPLICATIVE BENEFITS.—A person receiving
Federal assistance for a major disaster or emergency shall be liable
to the United States to the extent that such assistance duplicates
benefits available to the person for the same purpose from another
source. The agency which provided the duplicative assistance shall
collect such duplicative assistance from the recipient in accordance
with chapter 37 of title 31, United States Code, relating to debt collection, when the head of such agency considers it to be in the best
interest of the Federal Government.
(d) ASSISTANCE NOT INCOME.—Federal major disaster and
emergency assistance provided to individuals and families under
this Act, and comparable disaster assistance provided by States,
local governments, and disaster assistance organizations, shall not
be considered as income or a resource when determining eligibility
for or benefit levels under federally funded income assistance or resource-tested benefit programs.
4 Section 1210(a)(4) of division D of Public Law 115–254 states ″On the date that is 5 years
after the date of enactment of this Act [effective on October 5, 2023], section 312(b) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by
striking paragraph (4), as added by subsection (a)(1) of this section.″.
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ø42 U.S.C. 5155¿
SEC. 313. 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 Act. The President shall conduct annual reviews of the
activities of Federal agencies and State and local governments in
major disaster and emergency preparedness and in providing major
disaster and emergency assistance in order to assure maximum coordination and effectiveness of such programs and consistency in
policies for reimbursement of States under this Act.
ø42 U.S.C. 5156¿
SEC. 314. PENALTIES.
(a) MISUSE OF FUNDS.—Any
person who knowingly misapplies
the proceeds of a loan or other cash benefit obtained under this Act
shall be fined an amount equal to one and one-half times the misapplied amount of the proceeds or cash benefit.
(b) CIVIL ENFORCEMENT.—Whenever it appears that any person has violated or is about to violate any provision of this Act, including any civil penalty imposed under this Act, the Attorney General may bring a civil action for such relief as may be appropriate.
Such action may be brought in an appropriate United States district court.
(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 Act
that may warrant consideration for criminal prosecution.
(d) CIVIL PENALTY.—Any individual who knowingly violates
any order or regulation issued under this Act shall be subject to a
civil penalty of not more than $5,000 for each violation.
ø42 U.S.C. 5157¿
AVAILABILITY OF MATERIALS
SEC. 315. The President is authorized, at the request of the
Governor of an affected State, to provide for a survey of construction materials needed in the area affected by a major disaster on
an emergency basis for housing repairs, replacement housing, public facilities repairs and replacement, farming operations, and business enterprises and to take appropriate action to assure the availability and fair distribution of needed materials, including, where
possible, the allocation of such materials for a period of not more
than one hundred and eighty days after such major disaster. Any
allocation program shall be implemented by the President to the
extent possible, by working with and through those companies
which traditionally supply construction materials in the affected
area. For the purposes of this section ‘‘construction materials’’ shall
include building materials and materials required for repairing
housing, replacement housing, public facilities repairs and replacement, and for normal farm and business operations.
ø42 U.S.C. 5158¿
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Sec. 319
SEC. 316. PROTECTION OF ENVIRONMENT.
An action which is taken or assistance which is provided pursuant to section 402, 403, 406, 407, or 502, including such assistance provided pursuant to the procedures provided for in section
422, 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). 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 Act or
under any other provisions of law.
ø42 U.S.C. 5159¿
SEC. 317. RECOVERY OF ASSISTANCE.
(a) PARTY LIABLE.—Any person
who intentionally causes a condition for which Federal assistance is provided under this Act or
under any other Federal law as a result of a declaration of a major
disaster or emergency under this Act shall be liable to the United
States for the reasonable costs incurred by the United States in responding to such disaster or emergency to the extent that such
costs are attributable to the intentional act or omission of such person which caused such condition. Such action for reasonable costs
shall be brought 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.
ø42 U.S.C. 5160¿
SEC. 318. AUDITS AND INVESTIGATIONS.
(a) IN GENERAL.—Subject to the
provisions of chapter 75 of
title 31, United States Code, relating to requirements for single audits, the President shall conduct audits and investigations as necessary to assure compliance with this Act, and in connection therewith may question such persons as may be necessary to carry out
such audits and investigations.
(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 Act.
(c) STATE AND LOCAL AUDITS.—The President may require audits by State and local governments in connection with assistance
under this Act when necessary to assure compliance with this Act
or related regulations.
ø42 U.S.C. 5161¿
SEC. 319. 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 Act in
any case in which—
(1) the State is unable to assume its financial responsibility under such cost-sharing provisions—
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20
(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 Act.
(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.
ø42 U.S.C. 5162¿
SEC. 320. LIMITATION ON USE OF SLIDING SCALES.
No geographic area shall be precluded from receiving assistance under this Act solely by virtue of an arithmetic formula or
sliding scale based on income or population.
ø42 U.S.C. 5163¿
SEC. 321. RULES AND REGULATIONS.
The President may prescribe such rules and regulations as
may be necessary and proper to carry out the provisions of this Act,
and may exercise, either directly or through such Federal agency
as the President may designate, any power or authority conferred
to the President by this Act.
ø42 U.S.C. 5164¿
SEC. 322. MITIGATION PLANNING.
(a) REQUIREMENT OF MITIGATION
PLAN.—As a condition of receipt of an increased Federal share for hazard mitigation measures
under subsection (e), a State, local, or tribal government shall develop and submit for approval to the President a mitigation plan
that outlines processes for identifying the natural hazards, risks,
and vulnerabilities of the area under the jurisdiction of the government.
(b) LOCAL AND TRIBAL PLANS.—Each mitigation plan developed
by a local or tribal government shall—
(1) describe actions to mitigate hazards, risks, and
vulnerabilities identified under the plan; and
(2) establish a strategy to implement those actions.
(c) STATE PLANS.—The State process of development of a mitigation plan under this section shall—
(1) identify the natural hazards, risks, and vulnerabilities
of areas in the State;
(2) support development of local mitigation plans;
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(3) provide for technical assistance to local and tribal governments for mitigation planning; and
(4) identify and prioritize mitigation actions that the State
will support, as resources become available.
(d) FUNDING.—
(1) IN GENERAL.—Federal contributions under section 404
may be used to fund the development and updating of mitigation plans under this section.
(2) MAXIMUM FEDERAL CONTRIBUTION.—With respect to
any mitigation plan, a State, local, or tribal government may
use an amount of Federal contributions under section 404 not
to exceed 7 percent of the amount of such contributions available to the government as of a date determined by the government.
(e) INCREASED FEDERAL SHARE FOR HAZARD MITIGATION MEASURES.—
(1) IN GENERAL.—If, at the time of the declaration of a
major disaster or event under section 420, a State has in effect
an approved mitigation plan under this section, the President
may increase to 20 percent, with respect to the major disaster
or event under section 420, the maximum percentage specified
in the last sentence of section 404(a).
(2) FACTORS FOR CONSIDERATION.—In determining whether
to increase the maximum percentage under paragraph (1), the
President shall consider whether the State has established—
(A) eligibility criteria for property acquisition and
other types of mitigation measures;
(B) requirements for cost effectiveness that are related
to the eligibility criteria;
(C) a system of priorities that is related to the eligibility criteria; and
(D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the
mitigation action is complete.
ø42 U.S.C. 5165¿
SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES.
(a) IN GENERAL.—As a condition of receipt of a disaster loan
or grant under this Act—
(1) the recipient shall carry out any repair or construction
to be financed with the loan or grant in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications, and standards;
and
(2) the President may require safe land use and construction practices, after adequate consultation with appropriate
State and local government officials.
(b) EVIDENCE OF COMPLIANCE.—A recipient of a disaster loan
or grant under this Act shall provide such evidence of compliance
with this section as the President may require by regulation.
ø42 U.S.C. 5165a¿
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SEC. 324. MANAGEMENT COSTS.
(a) DEFINITION OF MANAGEMENT
COST.—In this section, the
term ‘‘management cost’’ includes any indirect cost, any direct administrative cost, and any other administrative expense associated
with a specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure.
(b) ESTABLISHMENT OF MANAGEMENT COST RATES.—
(1) IN GENERAL.—Notwithstanding any other provision of
law (including any administrative rule or guidance), the President shall by regulation implement management cost rates, for
grantees and subgrantees, that shall be used to determine contributions under this Act for management costs.
(2) SPECIFIC MANAGEMENT COSTS.—The Administrator of
the Federal Emergency Management Agency shall provide the
following percentage rates, in addition to the eligible project
costs, to cover direct and indirect costs of administering the following programs:
(A) HAZARD MITIGATION.—A grantee under section 404
may be reimbursed not more than 15 percent of the total
amount of the grant award under such section of which
not more than 10 percent may be used by the grantee and
5 percent by the subgrantee for such costs.
(B) PUBLIC ASSISTANCE.—A grantee under sections
403, 406, 407, and 502 may be reimbursed not more than
12 percent of the total award amount under such sections,
of which not more than 7 percent may be used by the
grantee and 5 percent by the subgrantee for such costs.
(c) REVIEW.—The President shall review the management cost
rates established under subsection (b) not later than 3 years after
the date of establishment of the rates and periodically thereafter.
ø42 U.S.C. 5165b¿
SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS.
(a) PUBLIC NOTICE AND COMMENT CONCERNING NEW OR MODIFIED POLICIES.—
(1) IN GENERAL.—The President shall provide for public no-
tice and opportunity for comment before adopting any new or
modified policy that—
(A) governs implementation of the public assistance
program administered by the Federal Emergency Management Agency under this Act; and
(B) could result in a significant reduction of assistance
under the program.
(2) APPLICATION.—Any policy adopted under paragraph (1)
shall apply only to a major disaster or emergency declared on
or after the date on which the policy is adopted.
(b) CONSULTATION CONCERNING INTERIM POLICIES.—
(1) IN GENERAL.—Before adopting any interim policy under
the public assistance program to address specific conditions
that relate to a major disaster or emergency that has been declared under this Act, the President, to the maximum extent
practicable, shall solicit the views and recommendations of
grantees and subgrantees with respect to the major disaster or
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emergency concerning the potential interim policy, if the interim policy is likely—
(A) to result in a significant reduction of assistance to
applicants for the assistance with respect to the major disaster or emergency; or
(B) to change the terms of a written agreement to
which the Federal Government is a party concerning the
declaration of the major disaster or emergency.
(2) NO LEGAL RIGHT OF ACTION.—Nothing in this subsection confers a legal right of action on any party.
(c) PUBLIC ACCESS.—The President shall promote public access
to policies governing the implementation of the public assistance
program.
ø42 U.S.C. 5165c¿
SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) IN GENERAL.—The President shall designate in the Federal
Emergency Management Agency a Small State and Rural Advocate.
(b) RESPONSIBILITIES.—The Small State and Rural Advocate
shall be an advocate for the fair treatment of small States and
rural communities in the provision of assistance under this Act.
(c) DUTIES.—The Small State and Rural Advocate shall—
(1) participate in the disaster declaration process under
section 401 and the emergency declaration process under section 501, to ensure that the needs of rural communities are
being addressed;
(2) assist small population States in the preparation of requests for major disaster or emergency declarations; and
(3) conduct such other activities as the Administrator of
the Federal Emergency Management Agency considers appropriate.
ø42 U.S.C. 5165d¿
SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) DEFINITIONS.—In this section, the following definitions
shall apply:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Emergency Management Agency.
(2) AGENCY.—The term ‘‘Agency’’ means the Federal Emergency Management Agency.
(3) HAZARD.—The term ‘‘hazard’’ has the meaning given
the term in section 602.
(4) NONEMPLOYEE SYSTEM MEMBER.—The term ‘‘nonemployee System member’’ means a System member not employed by a sponsoring agency or participating agency.
(5) PARTICIPATING AGENCY.—The term ‘‘participating agency’’ means a State or local government, nonprofit organization,
or private organization that has executed an agreement with
a sponsoring agency to participate in the System.
(6) SPONSORING AGENCY.—The term ‘‘sponsoring agency’’
means a State or local government that is the sponsor of a task
force designated by the Administrator to participate in the System.
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(7) SYSTEM.—The term ‘‘System’’ means the National
Urban Search and Rescue Response System to be administered
under this section.
(8) SYSTEM MEMBER.—The term ‘‘System member’’ means
an individual who is not a full-time employee of the Federal
Government and who serves on a task force or on a System
management or other technical team.
(9) TASK FORCE.—The term ‘‘task force’’ means an urban
search and rescue team designated by the Administrator to
participate in the System.
(b) GENERAL AUTHORITY.—Subject to the requirements of this
section, the Administrator shall continue to administer the emergency response system known as the National Urban Search and
Rescue Response System.
(c) FUNCTIONS.—In administering the System, the Administrator shall provide for a national network of standardized search
and rescue resources to assist States and local governments in responding to hazards.
(d) TASK FORCES.—
(1) DESIGNATION.—The Administrator shall designate task
forces to participate in the System. The Administration shall
determine the criteria for such participation.
(2) SPONSORING AGENCIES.—Each task force shall have a
sponsoring agency. The Administrator shall enter into an
agreement with the sponsoring agency with respect to the participation of each task force in the System.
(3) COMPOSITION.—
(A) PARTICIPATING AGENCIES.—A task force may include, at the discretion of the sponsoring agency, one or
more participating agencies. The sponsoring agency shall
enter into an agreement with each participating agency
with respect to the participation of the participating agency on the task force.
(B) OTHER INDIVIDUALS.—A task force may also include, at the discretion of the sponsoring agency, other individuals not otherwise associated with the sponsoring
agency or a participating agency. The sponsoring agency of
a task force may enter into a separate agreement with
each such individual with respect to the participation of
the individual on the task force.
(e) MANAGEMENT AND TECHNICAL TEAMS.—The Administrator
shall maintain such management teams and other technical teams
as the Administrator determines are necessary to administer the
System.
(f) APPOINTMENT OF SYSTEM MEMBERS INTO FEDERAL SERVICE.—
(1) IN GENERAL.—The Administrator may appoint a System member into Federal service for a period of service to provide for the participation of the System member in exercises,
preincident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by the Administrator.
(2) NONAPPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—
The Administrator may make appointments under paragraph
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(1) without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(3) RELATIONSHIP TO OTHER AUTHORITIES.—The authority
of the Administrator to make appointments under this subsection shall not affect any other authority of the Administrator under this Act.
(4) LIMITATION.—A System member who is appointed into
Federal service under paragraph (1) shall not be considered an
employee of the United States for purposes other than those
specifically set forth in this section.
(g) COMPENSATION.—
(1) PAY OF SYSTEM MEMBERS.—Subject to such terms and
conditions as the Administrator may impose by regulation, the
Administrator shall make payments to the sponsoring agency
of a task force—
(A) to reimburse each employer of a System member
on the task force for compensation paid by the employer to
the System member for any period during which the System member is appointed into Federal service under subsection (f)(1); and
(B) to make payments directly to a nonemployee System member on the task force for any period during which
the nonemployee System member is appointed into Federal
service under subsection (f)(1).
(2) REIMBURSEMENT FOR EMPLOYEES FILLING POSITIONS OF
SYSTEM MEMBERS.—
(A) IN GENERAL.—Subject to such terms and conditions
as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency
of a task force to be used to reimburse each employer of
a System member on the task force for compensation paid
by the employer to an employee filling a position normally
filled by the System member for any period during which
the System member is appointed into Federal service
under subsection (f)(1).
(B) LIMITATION.—Costs incurred by an employer shall
be eligible for reimbursement under subparagraph (A) only
to the extent that the costs are in excess of the costs that
would have been incurred by the employer had the System
member not been appointed into Federal service under
subsection (f)(1).
(3) METHOD OF PAYMENT.—A System member shall not be
entitled to pay directly from the Agency for a period during
which the System member is appointed into Federal Service
under subsection (f)(1).
(h) PERSONAL INJURY, ILLNESS, DISABILITY, OR DEATH.—
(1) IN GENERAL.—A System member who is appointed into
Federal service under subsection (f)(1) and who suffers personal injury, illness, disability, or death as a result of a personal injury sustained while acting in the scope of such appointment, shall, for the purposes of subchapter I of chapter 81
of title 5, United States Code, be treated as though the member were an employee (as defined by section 8101 of that title)
who had sustained the injury in the performance of duty.
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(2) ELECTION OF BENEFITS.—
(A) IN GENERAL.—A System member (or, in the case of
the death of the System member, the System member’s dependent) who is entitled under paragraph (1) to receive
benefits under subchapter I of chapter 81 of title 5, United
States Code, by reason of personal injury, illness, disability, or death, and to receive benefits from a State or
local government by reason of the same personal injury,
illness, disability or death shall elect to—
(i) receive benefits under such subchapter; or
(ii) receive benefits from the State or local government.
(B) DEADLINE.—A System member or dependent shall
make an election of benefits under subparagraph (A) not
later than 1 year after the date of the personal injury, illness, disability, or death that is the reason for the benefits, or until such later date as the Secretary of Labor may
allow for reasonable cause shown.
(C) EFFECT OF ELECTION.—An election of benefits
made under this paragraph is irrevocable unless otherwise
provided by law.
(3) REIMBURSEMENT FOR STATE OR LOCAL BENEFITS.—Subject to such terms and conditions as the Administrator may impose by regulation, if a System member or dependent elects to
receive benefits from a State or local government under paragraph (2)(A), the Administrator shall reimburse the State or
local government for the value of the benefits.
(4) PUBLIC SAFETY OFFICER CLAIMS.—Nothing in this subsection shall be construed to bar any claim by, or with respect
to, any System member who is a public safety officer, as defined in section 1204 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b), for any benefits
authorized under part L of title I of that Act (42 U.S.C. 3796
et seq.).
(i) LIABILITY.—A System member appointed into Federal service under subsection (f)(1), while acting within the scope of the appointment, shall be considered to be an employee of the Federal
Government under section 1346(b) of title 28, United States Code,
and chapter 171 of that title, relating to tort claims procedure.
(j) EMPLOYMENT AND REEMPLOYMENT RIGHTS.—With respect to
a System member who is not a regular full-time employee of a
sponsoring agency or participating agency, the following terms and
conditions apply:
(1) SERVICE.—Service as a System member shall be considered to be ‘‘service in the uniformed services’’ for purposes of
chapter 43 of title 38, United States Code, relating to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether
the individual receives compensation for such participation).
All rights and obligations of such persons and procedures for
assistance, enforcement, and investigation shall be as provided
for in such chapter.
(2) PRECLUSION.—Preclusion of giving notice of service by
necessity of appointment under this section shall be considered
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to be preclusion by ‘‘military necessity’’ for purposes of section
4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination
of such necessity shall be made by the Administrator and shall
not be subject to judicial review.
(k) LICENSES AND PERMITS.—If a System member holds a valid
license, certificate, or other permit issued by any State or other
governmental jurisdiction evidencing the member’s qualifications in
any professional, mechanical, or other skill or type of assistance required by the System, the System member is deemed to be performing a Federal activity when rendering aid involving such skill
or assistance during a period of appointment into Federal service
under subsection (f)(1).
(l) PREPAREDNESS COOPERATIVE AGREEMENTS.—Subject to the
availability of appropriations for such purpose, the Administrator
shall enter into an annual preparedness cooperative agreement
with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement
shall be for the following purposes:
(1) Training and exercises, including training and exercises
with other Federal, State, and local government response entities.
(2) Acquisition and maintenance of equipment, including
interoperable communications and personal protective equipment.
(3) Medical monitoring required for responder safety and
health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Administrator.
(m) RESPONSE COOPERATIVE AGREEMENTS.—The Administrator
shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Administrator
agrees to reimburse the sponsoring agency for costs incurred by the
sponsoring agency in responding to a major disaster or emergency.
(n) OBLIGATIONS.—The Administrator may incur all necessary
obligations consistent with this section in order to ensure the effectiveness of the System.
(o) EQUIPMENT MAINTENANCE AND REPLACEMENT.—Not later
than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101)) a report on the development of a plan, including implementation steps and timeframes, to finance, maintain, and replace System equipment.
(p) FEDERAL EMPLOYEES.—Nothing in this section shall be construed to mean that a task force may not include Federal employees. In the case of a Federal employee detailed to a task force, the
sponsoring agency shall enter into an agreement with the relevant
employing Federal agency.
ø42 U.S.C. 5165f¿
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TITLE IV—MAJOR DISASTER
ASSISTANCE PROGRAMS
SEC. 401. PROCEDURE FOR DECLARATION.
(a) IN GENERAL.—All requests for a
declaration by the President that a major disaster exists shall be made by the Governor
of the affected State. Such a request shall be based on a finding
that the disaster is of such severity and magnitude that effective
response is beyond the capabilities of the State and the affected
local governments and that Federal assistance is necessary. As part
of such request, and as a prerequisite to major disaster assistance
under this Act, the Governor shall take appropriate response action
under State law and direct execution of the State’s emergency plan.
The Governor shall furnish information on the nature and amount
of State and local resources which have been or will be committed
to alleviating the results of the disaster, and shall certify that, for
the current disaster, State and local government obligations and
expenditures (of which State commitments must be a significant
proportion) will comply with all applicable cost-sharing requirements of this Act. Based on the request of a Governor under this
section, the President may declare under this Act that a major disaster or emergency exists.
(b) INDIAN TRIBAL GOVERNMENT REQUESTS.—
(1) IN GENERAL.—The Chief Executive of an affected Indian tribal government may submit a request for a declaration
by the President that a major disaster exists consistent with
the requirements of subsection (a).
(2) REFERENCES.—In implementing assistance authorized
by the President under this Act in response to a request of the
Chief Executive of an affected Indian tribal government for a
major disaster declaration, any reference in this title or title
III (except sections 310 and 326) to a State or the Governor of
a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate.
(3) SAVINGS PROVISION.—Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President
at the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the same
incident.
(c) COST SHARE ADJUSTMENTS FOR INDIAN TRIBAL GOVERNMENTS.—
(1) IN GENERAL.—In providing assistance to an Indian tribal government under this title, the President may waive or adjust any payment of a non-Federal contribution with respect to
the assistance if—
(A) the President has the authority to waive or adjust
the payment under another provision of this title; and
(B) the President determines that the waiver or adjustment is necessary and appropriate.
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(2) CRITERIA FOR MAKING DETERMINATIONS.—The President
shall establish criteria for making determinations under paragraph (1)(B).
ø42 U.S.C. 5170¿
SEC. 402. GENERAL FEDERAL ASSISTANCE.
In any major disaster, the President may—
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it
under Federal law (including personnel, equipment, supplies,
facilities, and managerial, technical, and advisory services) in
support of State and local assistance response or recovery efforts, including precautionary evacuations;
(2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments, including precautionary evacuations and recovery;
(3) provide technical and advisory assistance to affected
State and local governments for—
(A) the performance of essential community services;
(B) issuance of warnings of risks and hazards;
(C) public health and safety information, including dissemination of such information;
(D) provision of health and safety measures;
(E) management, control, and reduction of immediate
threats to public health and safety; and
(F) recovery activities, including disaster impact assessments and planning;
(4) assist State and local governments in the distribution
of medicine, food, and other consumable supplies, and emergency assistance;
(5) provide assistance to State and local governments for
building code and floodplain management ordinance administration and enforcement, including inspections for substantial
damage compliance; and
(6) provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering,
or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President—
(A) shall, to the fullest extent practicable, promptly
notify and coordinate with officials in a State in which
such assistance or support is provided; and
(B) shall not, in notifying and coordinating with a
State under subparagraph (A), delay or impede the rapid
deployment, use, and distribution of critical resources to
victims of a major disaster.
ø42 U.S.C. 5170a¿
SEC. 403. 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:
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(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 durable medical equipment,, 5
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, medicinedurable medical equipment,, 5 and other essential needs, including movement of supplies or persons;
(C) clearance of roads and construction of temporary
bridges necessary to the performance of emergency tasks
and essential community services;
(D) provision of temporary facilities for schools and
other essential community services;
(E) demolition of unsafe structures which endanger
the public;
(F) warning of further risks and hazards;
(G) dissemination of public information and assistance
regarding health and safety measures;
(H) provision of technical advice to State and local governments on disaster management and control;
(I) reduction of immediate threats to life, property,
and public health and safety; and
(J) provision of rescue, care, shelter, and essential
needs—
(i) to individuals with household pets and service
animals; and
(ii) to such pets and animals.
(4) CONTRIBUTIONS.—Making contributions to State or
local governments or owners or operators of private nonprofit
facilities for the purpose of carrying out the provisions of this
subsection.
(b) FEDERAL SHARE.—The Federal share of assistance under
this section shall be not less than 75 percent of the eligible cost of
such assistance.
(c) UTILIZATION OF DOD RESOURCES.—
(1) GENERAL RULE.—During the immediate aftermath of
an incident which may ultimately qualify for assistance under
this title or title V of this Act, the Governor of the State in
which such incident occurred may request the President to di5 So
in law. See amendments made by section 689(b) of Public Law 109–295.
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rect the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public
and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such
work is essential for the preservation of life and property, the
President shall grant such request to the extent the President
determines practicable. Such emergency work may only be carried out for a period not to exceed 10 days.
(2) RULES APPLICABLE TO DEBRIS REMOVAL.—Any removal
of debris and wreckage carried out under this subsection shall
be subject to section 407(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, 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.
(d) SALARIES AND BENEFITS.—
(1) IN GENERAL.—If the President declares a major disaster
or emergency for an area within the jurisdiction of a State,
tribal, or local government, the President may reimburse the
State, tribal, or local government for costs relating to—
(A) basic pay and benefits for permanent employees of
the State, tribal, or local government conducting emergency protective measures under this section, if—
(i) the work is not typically performed by the employees; and
(ii) the type of work may otherwise be carried out
by contract or agreement with private organizations,
firms, or individuals.; 6 or
(B) overtime and hazardous duty compensation for
permanent employees of the State, tribal, or local government conducting emergency protective measures under
this section.
(2) OVERTIME.—The guidelines for reimbursement for costs
under paragraph (1) shall ensure that no State, tribal, or local
6 The
grammar at the end of subparagraph (A)(ii) is so in law.
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government is denied reimbursement for overtime payments
that are required pursuant to the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.).
(3) NO EFFECT ON MUTUAL AID PACTS.—Nothing in this
subsection shall affect the ability of the President to reimburse
labor force expenses provided pursuant to an authorized mutual aid pact.
ø42 U.S.C. 5170b¿
SEC. 404. HAZARD MITIGATION.
(a) IN GENERAL.—The President
may contribute up to 75 percent of the cost of hazard mitigation measures which the President
has determined are cost effective and which substantially reduce
the risk of, or increase resilience to, future damage, hardship, loss,
or suffering in any area affected by a major disaster, or any area
affected by a fire for which assistance was provided under section
420. Such measures shall be identified following the evaluation of
natural hazards under section 322 and shall be subject to approval
by the President. Subject to section 322, the total of contributions
under this section for a major disaster or event under section 420
shall not exceed 15 percent for amounts not more than
$2,000,000,000, 10 percent for amounts of more than
$2,000,000,000 and not more than $10,000,000,000, and 7.5 percent
on amounts of more than $10,000,000,000 and not more than
$35,333,000,000 of the estimated aggregate amount of grants to be
made (less any associated administrative costs) under this Act with
respect to the major disaster or event under section 420.
(b) PROPERTY ACQUISITION AND RELOCATION ASSISTANCE.—
(1) GENERAL AUTHORITY.—In providing hazard mitigation
assistance under this section in connection with flooding, the
Administrator of the Federal Emergency Management Agency
may provide property acquisition and relocation assistance for
projects that meet the requirements of paragraph (2).
(2) TERMS AND CONDITIONS.—An acquisition or relocation
project shall be eligible to receive assistance pursuant to paragraph (1) only if—
(A) the applicant for the assistance is otherwise eligible to receive assistance under the hazard mitigation grant
program established under subsection (a); and
(B) on or after the date of enactment of this subsection, the applicant for the assistance enters into an
agreement with the Administrator that provides assurances that—
(i) any property acquired, accepted, or from which
a structure will be removed pursuant to the project
will be dedicated and maintained in perpetuity for a
use that is compatible with open space, recreational,
or wetlands management practices;
(ii) no new structure will be erected on property
acquired, accepted or from which a structure was removed under the acquisition or relocation program
other than—
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(I) a public facility that is open on all sides
and functionally related to a designated open
space;
(II) a rest room; or
(III) a structure that the Administrator approves in writing before the commencement of the
construction of the structure; and
(iii) after receipt of the assistance, with respect to
any property acquired, accepted or from which a structure was removed under the acquisition or relocation
program—
(I) no subsequent application for additional
disaster assistance for any purpose will be made
by the recipient to any Federal entity; and
(II) no assistance referred to in subclause (I)
will be provided to the applicant by any Federal
source.
(3) STATUTORY CONSTRUCTION.—Nothing in this subsection
is intended to alter or otherwise affect an agreement for an acquisition or relocation project carried out pursuant to this section that was in effect on the day before the date of enactment
of this subsection.
(c) PROGRAM ADMINISTRATION BY STATES.—
(1) IN GENERAL.—A State desiring to administer the hazard mitigation grant program established by this section with
respect to hazard mitigation assistance in the State may submit to the President an application for the delegation of the authority to administer the program.
(2) CRITERIA.—The President, in consultation and coordination with States and local governments, shall establish criteria for the approval of applications submitted under paragraph (1). Until such time as the Administrator promulgates
regulations to implement this paragraph, the Administrator
may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program. The criteria shall include, at a minimum—
(A) the demonstrated ability of the State to manage
the grant program under this section;
(B) there being in effect an approved mitigation plan
under section 322; and
(C) a demonstrated commitment to mitigation activities.
(3) APPROVAL.—The President shall approve an application
submitted under paragraph (1) that meets the criteria established under paragraph (2).
(4) WITHDRAWAL OF APPROVAL.—If, after approving an application of a State submitted under paragraph (1), the President determines that the State is not administering the hazard
mitigation grant program established by this section in a manner satisfactory to the President, the President shall withdraw
the approval.
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(5) AUDITS.—The President shall provide for periodic audits of the hazard mitigation grant programs administered by
States under this subsection.
(d) STREAMLINED PROCEDURES.—
(1) IN GENERAL.—For the purpose of providing assistance
under this section, the President shall ensure that—
(A) adequate resources are devoted to ensure that applicable environmental reviews under the National Environmental Policy Act of 1969 and historic preservation reviews under the National Historic Preservation Act are
completed on an expeditious basis; and
(B) the shortest existing applicable process under the
National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized.
(2) AUTHORITY FOR OTHER EXPEDITED PROCEDURES.—The
President may utilize expedited procedures in addition to those
required under paragraph (1) for the purpose of providing assistance under this section, such as procedures under the Prototype Programmatic Agreement of the Federal Emergency
Management Agency, for the consideration of multiple structures as a group and for an analysis of the cost-effectiveness
and fulfillment of cost-share requirements for proposed hazard
mitigation measures.
(e) ADVANCE ASSISTANCE.—The President may provide not
more than 25 percent of the amount of the estimated cost of hazard
mitigation measures to a State grantee eligible for a grant under
this section before eligible costs are incurred.
(f) USE OF ASSISTANCE.—Recipients of hazard mitigation assistance provided under this section and section 203 may use the
assistance to conduct activities to help reduce the risk of future
damage, hardship, loss, or suffering in any area affected by a wildfire or windstorm, such as—
(1) reseeding ground cover with quick-growing or native
species;
(2) mulching with straw or chipped wood;
(3) constructing straw, rock, or log dams in small tributaries to prevent flooding;
(4) placing logs and other erosion barriers to catch sediment on hill slopes;
(5) installing debris traps to modify road and trail drainage mechanisms;
(6) modifying or removing culverts to allow drainage to
flow freely;
(7) adding drainage dips and constructing emergency spillways to keep roads and bridges from washing out during
floods;
(8) planting grass to prevent the spread of noxious weeds;
(9) installing warning signs;
(10) establishing defensible space measures;
(11) reducing hazardous fuels;
(12) mitigating windstorm damage, including replacing or
installing electrical transmission or distribution utility pole
structures with poles that are resilient to extreme wind and
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combined ice and wind loadings for the basic wind speeds and
ice conditions associated with the relevant location;
(13) removing standing burned trees; and
(14) replacing water systems that have been burned and
have caused contamination.
(g) USE OF ASSISTANCE FOR EARTHQUAKE HAZARDS.—Recipients of hazard mitigation assistance provided under this section
and section 203 may use the assistance to conduct activities to help
reduce the risk of future damage, hardship, loss, or suffering in any
area affected by earthquake hazards, including—
(1) improvements to regional seismic networks in support
of building a capability for earthquake early warning;
(2) improvements to geodetic networks in support of building a capability for earthquake early warning; and
(3) improvements to seismometers, Global Positioning System receivers, and associated infrastructure in support of
building a capability for earthquake early warning.
ø42 U.S.C. 5170c¿
FEDERAL FACILITIES
SEC. 405. (a) 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) 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) 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.
ø42 U.S.C. 5171¿
SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED
FACILITIES.
(a) CONTRIBUTIONS.—
(1) IN GENERAL.—The President may make contributions—
(A) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility
damaged or destroyed by a major disaster and for associated expenses incurred by the government; and
(B) subject to paragraph (3), to a person that owns or
operates a private nonprofit facility damaged or destroyed
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tion, or replacement of the facility and for associated expenses incurred by the person.
(2) ASSOCIATED EXPENSES.—For the purposes of this section, associated expenses shall include—
(A) the costs of mobilizing and employing the National
Guard for performance of eligible work;
(B) the costs of using prison labor to perform eligible
work, including wages actually paid, transportation to a
worksite, and extraordinary costs of guards, food, and lodging;
(C) base and overtime wages for the employees and
extra hires of a State, local government, or person described in paragraph (1) that perform eligible work, plus
fringe benefits on such wages to the extent that such benefits were being paid before the major disaster; and
(D) base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the
major disaster is declared.
(3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT FACILITIES.—
(A) IN GENERAL.—The President may make contributions to a private nonprofit facility under paragraph (1)(B)
only if—
(i) the facility provides critical services (as defined
by the President) in the event of a major disaster; or
(ii) the owner or operator of the facility—
(I) has applied for a disaster loan under section 7(b) of the Small Business Act (15 U.S.C.
636(b)); and
(II)(aa) has been determined to be ineligible
for such a loan; or
(bb) has obtained such a loan in the maximum amount for which the Small Business Administration determines the facility is eligible.
(B) DEFINITION OF CRITICAL SERVICES.—In this paragraph, the term ‘‘critical services’’ includes power, water
(including water provided by an irrigation organization or
facility), sewer, wastewater treatment, communications
(including broadcast and telecommunications), education,
and emergency medical care.
(C) RELIGIOUS FACILITIES.—A church, synagogue,
mosque, temple, or other house of worship, educational facility, or any other private nonprofit facility, shall be eligible for contributions under paragraph (1)(B), without regard to the religious character of the facility or the primary religious use of the facility. No house of worship,
educational facility, or any other private nonprofit facility
may be excluded from receiving contributions under paragraph (1)(B) because leadership or membership in the organization operating the house of worship is limited to persons who share a religious faith or practice.
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(4) NOTIFICATION TO CONGRESS.—Before making any contribution under this section in an amount greater than
$20,000,000, the President shall notify—
(A) the Committee on Environment and Public Works
of the Senate;
(B) the Committee on Transportation and Infrastructure of the House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
(b) FEDERAL SHARE.—
(1) MINIMUM FEDERAL SHARE.—Except as provided in paragraph (2), the Federal share of assistance under this section
shall be not less than 75 percent of the eligible cost of repair,
restoration, reconstruction, or replacement carried out under
this section.
(2) REDUCED FEDERAL SHARE.—The President shall promulgate regulations to reduce the Federal share of assistance
under this section to not less than 25 percent in the case of the
repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an
event associated with a major disaster—
(A) that has been damaged, on more than one occasion
within the preceding 10-year period, by the same type of
event; and
(B) the owner of which has failed to implement appropriate mitigation measures to address the hazard that
caused the damage to the facility.
(3) INCREASED FEDERAL SHARE.—
(A) INCENTIVE MEASURES.—The President may provide
incentives to a State or Tribal government to invest in
measures that increase readiness for, and resilience from,
a major disaster by recognizing such investments through
a sliding scale that increases the minimum Federal share
to 85 percent. Such measures may include—
(i) the adoption of a mitigation plan approved
under section 322;
(ii) investments in disaster relief, insurance, and
emergency management programs;
(iii) encouraging the adoption and enforcement of
the latest published editions of relevant consensusbased codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures
and facilities that may be eligible for assistance under
this Act for the purpose of protecting the health, safety, and general welfare of the buildings’ users against
disasters;
(iv) facilitating participation in the community
rating system; and
(v) funding mitigation projects or granting tax incentives for projects that reduce risk.
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(B) COMPREHENSIVE GUIDANCE.—Not later than 1 year
after the date of enactment of this paragraph, the President, acting through the Administrator, shall issue comprehensive guidance to State and Tribal governments regarding the measures and investments, weighted appropriately based on actuarial assessments of eligible actions,
that will be recognized for the purpose of increasing the
Federal share under this section. Guidance shall ensure
that the agency’s review of eligible measures and investments does not unduly delay determining the appropriate
Federal cost share.
(C) REPORT.—One year after the issuance of the guidance required by subparagraph (B), the Administrator
shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of
the Senate a report regarding the analysis of the Federal
cost shares paid under this section.
(D) SAVINGS CLAUSE.—Nothing in this paragraph prevents the President from increasing the Federal cost share
above 85 percent.
(c) LARGE IN-LIEU CONTRIBUTIONS.—
(1) FOR PUBLIC FACILITIES.—
(A) IN GENERAL.—In any case in which a State or local
government determines that the public welfare would not
best be served by repairing, restoring, reconstructing, or
replacing any public facility owned or controlled by the
State or local government, the State or local government
may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to the
Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and
of management expenses.
(B) USE OF FUNDS.—Funds contributed to a State or
local government under this paragraph may be used—
(i) to repair, restore, or expand other selected public facilities;
(ii) to construct new facilities; or
(iii) to fund hazard mitigation measures that the
State or local government determines to be necessary
to meet a need for governmental services and functions in the area affected by the major disaster.
(C) LIMITATIONS.—Funds made available to a State or
local government under this paragraph may not be used
for—
(i) any public facility located in a regulatory
floodway (as defined in section 59.1 of title 44, Code
of Federal Regulations (or a successor regulation)); or
(ii) any uninsured public facility located in a special flood hazard area identified by the Administrator
of the Federal Emergency Management Agency under
the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.).
(2) FOR PRIVATE NONPROFIT FACILITIES.—
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(A) IN GENERAL.—In any case in which a person that
owns or operates a private nonprofit facility determines
that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the
person may elect to receive, in lieu of a contribution under
subsection (a)(1)(B), a contribution in an amount equal to
the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility
and of management expenses.
(B) USE OF FUNDS.—Funds contributed to a person
under this paragraph may be used—
(i) to repair, restore, or expand other selected private nonprofit facilities owned or operated by the person;
(ii) to construct new private nonprofit facilities to
be owned or operated by the person; or
(iii) to fund hazard mitigation measures that the
person determines to be necessary to meet a need for
the person’s services and functions in the area affected
by the major disaster.
(C) LIMITATIONS.—Funds made available to a person
under this paragraph may not be used for—
(i) any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44,
Code of Federal Regulations (or a successor regulation)); or
(ii) any uninsured private nonprofit facility located
in a special flood hazard area identified by the Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).
(d) FLOOD INSURANCE.—
(1) REDUCTION OF FEDERAL ASSISTANCE.—If a public facility or private nonprofit facility located in a special flood hazard
area identified for more than 1 year by the Administrator pursuant to the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.) is damaged or destroyed, after the 180th day following the date of the enactment of the Disaster Relief and
Emergency Assistance Amendments of 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). This section shall not apply to more than
one building of a multi-structure educational, law enforcement,
correctional, fire, or medical campus, for any major disaster or
emergency declared by the President under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170, 5191) on or after
January 1, 2016, through December 31, 2018.
(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—
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(A) the value of such facility on the date of the flood
damage or destruction, or
(B) the maximum amount of insurance proceeds which
would have been payable with respect to such facility if
such facility had been covered by flood insurance under
the National Flood Insurance Act of 1968 on such date.
(3) EXCEPTION.—Paragraphs (1) and (2) shall not apply to
a private nonprofit facility which is not covered by flood insurance solely because of the local government’s failure to participate in the flood insurance program established by the National Flood Insurance Act.
(4) DISSEMINATION OF INFORMATION.—The President shall
disseminate information regarding the reduction in Federal assistance provided for by this subsection to State and local governments and the owners and operators of private nonprofit facilities who may be affected by such a reduction.
(e) ELIGIBLE COST.—
(1) DETERMINATION.—
(A) IN GENERAL.—For the purposes of this section, for
disasters declared on or after August 1, 2017, or a disaster
in which a cost estimate has not yet been finalized for a
project, or for any project for which the finalized cost estimate is on appeal, the President shall estimate the eligible
cost of repairing, restoring, reconstructing, or replacing a
public facility or private nonprofit facility—
(i) on the basis of the design of the facility as the
facility existed immediately before the major disaster;
(ii) in conformity with the latest published editions of relevant consensus-based codes, specifications,
and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of
residential structures and facilities that may be eligible for assistance under this Act for the purposes of
protecting the health, safety, and general welfare of a
facility’s users against disasters (including floodplain
management and hazard mitigation criteria required
by the President or under the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)); and
(iii) in a manner that allows the facility to meet
the definition of resilient developed pursuant to this
subsection.
(B) COST ESTIMATION PROCEDURES.—
(i) IN GENERAL.—Subject to paragraph (2), the
President shall use the cost estimation procedures established under paragraph (3) to determine the eligible cost under this subsection.
(ii) APPLICABILITY.—The procedures specified in
this paragraph and paragraph (2) shall apply only to
projects the eligible cost of which is equal to or greater
than the amount specified in section 422.
(C) CONTRIBUTIONS.—Contributions for the eligible
cost made under this section may be provided on an actual
cost basis or on cost-estimation procedures.
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(2) MODIFICATION OF ELIGIBLE COST.—
(A) ACTUAL COST GREATER THAN CEILING PERCENTAGE
OF ESTIMATED COST.—In any case in which the actual cost
of repairing, restoring, reconstructing, or replacing a facility under this section is greater than the ceiling percentage established under paragraph (3) of the cost estimated
under paragraph (1), the President may determine that
the eligible cost includes a portion of the actual cost of the
repair, restoration, reconstruction, or replacement that exceeds the cost estimated under paragraph (1).
(B) ACTUAL COST LESS THAN ESTIMATED COST.—
(i) GREATER THAN OR EQUAL TO FLOOR PERCENTAGE OF ESTIMATED COST.—In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than 100
percent of the cost estimated under paragraph (1), but
is greater than or equal to the floor percentage established under paragraph (3) of the cost estimated under
paragraph (1), the State or local government or person
receiving funds under this section shall use the excess
funds to carry out cost-effective activities that reduce
the risk of future damage, hardship, or suffering from
a major disaster.
(ii) LESS THAN FLOOR PERCENTAGE OF ESTIMATED
COST.—In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility
under this section is less than the floor percentage established under paragraph (3) of the cost estimated
under paragraph (1), the State or local government or
person receiving assistance under this section shall reimburse the President in the amount of the difference.
(C) NO EFFECT ON APPEALS PROCESS.—Nothing in this
paragraph affects any right of appeal under section 423.
(3) EXPERT PANEL.—
(A) ESTABLISHMENT.—Not later than 18 months after
the date of the enactment of this paragraph, the President,
acting through the Administrator of the Federal Emergency Management Agency, shall establish an expert
panel, which shall include representatives from the construction industry and State and local government.
(B) DUTIES.—The expert panel shall develop recommendations concerning—
(i) procedures for estimating the cost of repairing,
restoring, reconstructing, or replacing a facility consistent with industry practices; and
(ii) the ceiling and floor percentages referred to in
paragraph (2).
(C) REGULATIONS.—Taking into account the recommendations of the expert panel under subparagraph
(B), the President shall promulgate regulations that establish—
(i) cost estimation procedures described in subparagraph (B)(i); and
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(ii) the ceiling and floor percentages referred to in
paragraph (2).
(D) REVIEW BY PRESIDENT.—Not later than 2 years
after the date of promulgation of regulations under subparagraph (C) and periodically thereafter, the President
shall review the cost estimation procedures and the ceiling
and floor percentages established under this paragraph.
(E) REPORT TO CONGRESS.—Not later than 1 year after
the date of promulgation of regulations under subparagraph (C), 3 years after that date, and at the end of each
2-year period thereafter, the expert panel shall submit to
Congress a report on the appropriateness of the cost estimation procedures.
(4) SPECIAL RULE.—In any case in which the facility being
repaired, restored, reconstructed, or replaced under this section
was under construction on the date of the major disaster, the
cost of repairing, restoring, reconstructing, or replacing the facility shall include, for the purposes of this section, only those
costs that, under the contract for the construction, are the owner’s responsibility and not the contractor’s responsibility.
(5) NEW RULES.—
(A) IN GENERAL.—Not later than 18 months after the
date of enactment of this paragraph, the President, acting
through the Administrator of the Federal Emergency Management Agency, and in consultation with the heads of relevant Federal departments and agencies, shall issue a
final rulemaking that defines the terms ‘‘resilient’’ and ‘‘resiliency’’ for purposes of this subsection.
(B) INTERIM GUIDANCE.—Not later than 60 days after
the date of enactment of this paragraph, the Administrator
shall issue interim guidance to implement this subsection.
Such interim guidance shall expire 18 months after the
date of enactment of this paragraph or upon issuance of
final regulations pursuant to subparagraph (A), whichever
occurs first.
(C) GUIDANCE.—Not later than 90 days after the date
on which the Administrator issues the final rulemaking
under this paragraph, the Administrator shall issue any
necessary guidance related to the rulemaking.
(D) REPORT.—Not later than 2 years after the date of
enactment of this paragraph, the Administrator shall submit to Congress a report summarizing the regulations and
guidance issued pursuant to this paragraph.
ø42 U.S.C. 5172¿
DEBRIS REMOVAL
SEC. 407. (a) The President, whenever he determines it to be
in the public interest, is authorized—
(1) through the use of Federal departments, agencies, and
instrumentalities, to clear debris and wreckage resulting from
a major disaster from publicly and privately owned lands and
waters; and
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(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) No authority under this section shall be exercised unless
the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from
public and private property, and, in the case of removal of debris
or wreckage from private property, shall first agree to indemnify
the Federal Government against any claim arising from such removal.
(c) RULES RELATING TO LARGE LOTS.—The President shall
issue rules which provide for recognition of differences existing
among urban, suburban, and rural lands in implementation of this
section so as to facilitate adequate removal of debris and wreckage
from large lots.
(d) FEDERAL SHARE.—The Federal share of assistance under
this section shall be not less than 75 percent of the eligible cost of
debris and wreckage removal carried out under this section.
(e) EXPEDITED PAYMENTS.—
(1) GRANT ASSISTANCE.—In making a grant under subsection (a)(2), the President shall provide not less than 50 percent of the President’s initial estimate of the Federal share of
assistance as an initial payment in accordance with paragraph
(2).
(2) DATE OF PAYMENT.—Not later than 60 days after the
date of the estimate described in paragraph (1) and not later
than 90 days after the date on which the State or local government or owner or operator of a private nonprofit facility applies
for assistance under this section, an initial payment described
in paragraph (1) shall be paid.
ø42 U.S.C. 5173¿
SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) IN GENERAL.—
(1) PROVISION OF ASSISTANCE.—In accordance with this
section, the President, in consultation with the Governor of a
State, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who,
as a direct result of a major disaster, have necessary expenses
and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other
means.
(2) RELATIONSHIP TO OTHER ASSISTANCE.—Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) solely
on the basis that the individual or household has not applied
for or received any loan or other financial assistance from the
Small Business Administration or any other Federal agency.
(b) HOUSING ASSISTANCE.—
(1) ELIGIBILITY.—The President may provide financial or
other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their
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predisaster primary residences or whose predisaster primary
residences are rendered uninhabitable, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a major disaster.
(2) DETERMINATION OF APPROPRIATE TYPES OF ASSISTANCE.—
(A) IN GENERAL.—The President shall determine appropriate types of housing assistance to be provided under
this section to individuals and households described in
subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and
such other factors as the President may consider appropriate.
(B) MULTIPLE TYPES OF ASSISTANCE.—One or more
types of housing assistance may be made available under
this section, based on the suitability and availability of the
types of assistance, to meet the needs of individuals and
households in the particular disaster situation.
(c) TYPES OF HOUSING ASSISTANCE.—
(1) TEMPORARY HOUSING.—
(A) FINANCIAL ASSISTANCE.—
(i) IN GENERAL.—The President may provide financial assistance to individuals or households to rent
alternate housing accommodations, existing rental
units, manufactured housing, recreational vehicles, or
other readily fabricated dwellings. Such assistance
may include the payment of the cost of utilities, excluding telephone service.
(ii) AMOUNT.—The amount of assistance under
clause (i) shall be based on the fair market rent for
the accommodation provided plus the cost of any
transportation, utility hookups, security deposits, or
unit installation not provided directly by the President.
(B) DIRECT ASSISTANCE.—
(i) IN GENERAL.—The President may provide temporary housing units, acquired by purchase or lease,
directly to individuals or households who, because of a
lack of available housing resources, would be unable to
make use of the assistance provided under subparagraph (A).
(ii) LEASE AND REPAIR OF RENTAL UNITS FOR TEMPORARY HOUSING.—
(I) IN GENERAL.—The President, to the extent
the President determines it would be a cost-effective alternative to other temporary housing options, may—
(aa) enter into lease agreements with
owners of multifamily rental property impacted by a major disaster or located in areas
covered by a major disaster declaration to
house individuals and households eligible for
assistance under this section; and
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(bb) make repairs or improvements to
properties under such lease agreements, to
the extent necessary to serve as safe and adequate temporary housing.
(II) IMPROVEMENTS OR REPAIRS.—Under the
terms of any lease agreement for property entered
into under this subsection, the value of the improvements or repairs shall be deducted from the
value of the lease agreement.
(iii) PERIOD OF ASSISTANCE.—The President may
not provide direct assistance under clause (i) with respect to a major disaster after the end of the 18-month
period beginning on the date of the declaration of the
major disaster by the President, except that the President may extend that period if the President determines that due to extraordinary circumstances an extension would be in the public interest.
(iv) COLLECTION OF RENTAL CHARGES.—After the
end of the 18-month period referred to in clause (iii),
the President may charge fair market rent for each
temporary housing unit provided.
(2) REPAIRS.—
(A) IN GENERAL.—The President may provide financial
assistance for—
(i) the repair of owner-occupied private residences,
utilities, and residential infrastructure (such as a private access route) damaged by a major disaster to a
safe and sanitary living or functioning condition; and
(ii) eligible hazard mitigation measures that reduce the likelihood of future damage to such residences, utilities, or infrastructure.
(B) RELATIONSHIP TO OTHER ASSISTANCE.—A recipient
of assistance provided under this paragraph shall not be
required to show that the assistance can be met through
other means, except insurance proceeds.
(3) REPLACEMENT.—
(A) IN GENERAL.—The President may provide financial
assistance for the replacement of owner-occupied private
residences damaged by a major disaster.
(B) APPLICABILITY OF FLOOD INSURANCE REQUIREMENT.—With respect to assistance provided under this
paragraph, the President may not waive any provision of
Federal law requiring the purchase of flood insurance as
a condition of the receipt of Federal disaster assistance.
(4) PERMANENT HOUSING CONSTRUCTION.—The President
may provide financial assistance or direct assistance to individuals or households to construct permanent or semi-permanent
housing in insular areas outside the continental United States
and in other locations in cases in which—
(A) no alternative housing resources are available; and
(B) the types of temporary housing assistance described in paragraph (1) are unavailable, infeasible, or not
cost-effective.
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ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY...
(d) TERMS
AND
CONDITIONS RELATING
TO
46
HOUSING ASSIST-
ANCE.—
(1) SITES.—
(A) IN GENERAL.—Any readily fabricated dwelling provided under this section shall, whenever practicable, be located on a site that—
(i) is complete with utilities;
(ii) meets the physical accessibility requirements
for individuals with disabilities; and
(iii) is provided by the State or local government,
by the owner of the site, or by the occupant who was
displaced by the major disaster.
(B) SITES PROVIDED BY THE PRESIDENT.—A readily fabricated dwelling may be located on a site provided by the
President if the President determines that such a site
would be more economical or accessible.
(2) DISPOSAL OF UNITS.—
(A) SALE TO OCCUPANTS.—
(i) IN GENERAL.—Notwithstanding any other provision of law, a temporary housing unit purchased under
this section by the President for the purpose of housing disaster victims may be sold directly to the individual or household who is occupying the unit if the
individual or household lacks permanent housing.
(ii) SALE PRICE.—A sale of a temporary housing
unit under clause (i) shall be at a price that is fair and
equitable.
(iii) DEPOSIT OF PROCEEDS.—Notwithstanding any
other provision of law, the proceeds of a sale under
clause (i) shall be deposited in the appropriate Disaster Relief Fund account.
(iv) HAZARD AND FLOOD INSURANCE.—A sale of a
temporary housing unit under clause (i) shall be made
on the condition that the individual or household purchasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit.
(v) USE OF GSA SERVICES.—The President may use
the services of the General Services Administration to
accomplish a sale under clause (i).
(B) OTHER METHODS OF DISPOSAL.—If not disposed of
under subparagraph (A), a temporary housing unit purchased under this section by the President for the purpose
of housing disaster victims—
(i) may be sold to any person; or
(ii) may be sold, transferred, donated, or otherwise
made available directly to a State or other governmental entity or to a voluntary organization for the
sole purpose of providing temporary housing to disaster victims in major disasters and emergencies if, as
a condition of the sale, transfer, or donation, the State,
other governmental agency, or voluntary organization
agrees—
(I) to comply with the nondiscrimination provisions of section 308; and
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(II) to obtain and maintain hazard and flood
insurance on the housing unit.
(e) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—
(1) MEDICAL, DENTAL, CHILD CARE, AND FUNERAL EXPENSES.—The President, in consultation with the Governor of
a State, may provide financial assistance under this section to
an individual or household in the State who is adversely affected by a major disaster to meet disaster-related medical,
dental, child care, and funeral expenses.
(2) PERSONAL PROPERTY, TRANSPORTATION, AND OTHER EXPENSES.—The President, in consultation with the Governor of
a State, may provide financial assistance under this section to
an individual or household described in paragraph (1) to address personal property, transportation, and other necessary
expenses or serious needs resulting from the major disaster.
(f) STATE ROLE.—
(1) STATE- OR INDIAN TRIBAL GOVERNMENT-ADMINISTERED
ASSISTANCE AND OTHER NEEDS ASSISTANCE.—
(A) GRANT TO STATE.—Subject to subsection (g), a Governor may request a grant from the President to provide
assistance to individuals and households in the State
under subsections (c)(1)(B), (c)(4), and (e) if the President
and the State or Indian tribal government comply, as determined by the Administrator, with paragraph (3).
(B) ADMINISTRATIVE COSTS.—A State that receives a
grant under subparagraph (A) may expend not more than
5 percent of the amount of the grant for the administrative
costs of providing assistance to individuals and households
in the State under subsections (c)(1)(B), (c)(4), and (e).
(2) ACCESS TO RECORDS.—In providing assistance to individuals and households under this section, the President shall
provide for the substantial and ongoing involvement of the
States in which the individuals and households are located, including by providing to the States access to the electronic
records of individuals and households receiving assistance
under this section in order for the States to make available any
additional State and local assistance to the individuals and
households.
(3) REQUIREMENTS.—
(A) APPLICATION.—A State or Indian tribal government desiring to provide assistance under subsection
(c)(1)(B), (c)(4), or (e) shall submit to the President an application for a grant to provide financial assistance under
the program.
(B) CRITERIA.—The President, in consultation and coordination with State and Indian tribal governments, shall
establish criteria for the approval of applications submitted under subparagraph (A). The criteria shall include,
at a minimum—
(i) a requirement that the State or Indian tribal
government submit a housing strategy under subparagraph (C);
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(ii) the demonstrated ability of the State or Indian
tribal government to manage the program under this
section;
(iii) there being in effect a plan approved by the
President as to how the State or Indian tribal government will comply with applicable Federal laws and
regulations and how the State or Indian tribal government will provide assistance under its plan;
(iv) a requirement that the State or Indian tribal
government comply with rules and regulations established pursuant to subsection (j); and
(v) a requirement that the President, or the designee of the President, comply with subsection (i).
(C) REQUIREMENT OF HOUSING STRATEGY.—
(i) IN GENERAL.—A State or Indian tribal government submitting an application under this paragraph
shall have an approved housing strategy, which shall
be developed and submitted to the President for approval.
(ii) REQUIREMENTS.—The housing strategy required under clause (i) shall—
(I) outline the approach of the State in working with Federal partners, Indian tribal governments, local communities, nongovernmental organizations, and individual disaster survivors to
meet disaster-related sheltering and housing
needs; and
(II) include the establishment of an activation
plan for a State Disaster Housing Task Force, as
outlined in the National Disaster Housing Strategy, to bring together State, tribal, local, Federal,
nongovernmental, and private sector expertise to
evaluate housing requirements, consider potential
solutions, recognize special needs populations, and
propose recommendations.
(D) QUALITY ASSURANCE.—Before approving an application submitted under this section, the President, or the
designee of the President, shall institute adequate policies,
procedures, and internal controls to prevent waste, fraud,
abuse, and program mismanagement for this program and
for programs under subsections (c)(1)(B), (c)(4), and (e).
The President shall monitor and conduct quality assurance
activities on a State or Indian tribal government’s implementation of programs under subsections (c)(1)(B), (c)(4),
and (e). If, after approving an application of a State or Indian tribal government submitted under this paragraph,
the President determines that the State or Indian tribal
government is not administering the program established
by this section in a manner satisfactory to the President,
the President shall withdraw the approval.
(E) AUDITS.—The Inspector General of the Department
of Homeland Security shall provide for periodic audits of
the programs administered by States and Indian tribal
governments under this subsection.
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(F) APPLICABLE LAWS.—All Federal laws applicable to
the management, administration, or contracting of the programs by the Federal Emergency Management Agency
under this section shall be applicable to the management,
administration, or contracting by a non-Federal entity
under this section.
(G) REPORT ON EFFECTIVENESS.—Not later than 18
months after the date of enactment of this paragraph, the
Inspector General of the Department of Homeland Security
shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House
of Representatives on the State or Indian tribal government’s role to provide assistance under this section. The
report shall contain an assessment of the effectiveness of
the State or Indian tribal government’s role in providing
assistance under this section, including—
(i) whether the State or Indian tribal government’s role helped to improve the general speed of disaster recovery;
(ii) whether the State or Indian tribal government
providing assistance under this section had the capacity to administer this section; and
(iii) recommendations for changes to improve the
program if the State or Indian tribal government’s role
to administer the programs should be continued.
(H) REPORT ON INCENTIVES.—Not later than 12
months after the date of enactment of this paragraph, the
Administrator of the Federal Emergency Management
Agency shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives on a potential incentive structure for awards made under this section to encourage participation by eligible States and Indian tribal governments.
In developing this report, the Administrator of the Federal
Emergency Management Agency shall consult with State,
local, and Indian tribal entities to gain their input on any
such incentive structure to encourage participation and
shall include this information in the report. This report
should address, among other options, potential adjustments to the cost-share requirement and management
costs to State and Indian tribal governments.
(I) PROHIBITION.—The President may not condition the
provision of Federal assistance under this Act on a State
or Indian tribal government requesting a grant under this
section.
(J) MISCELLANEOUS.—
(i) NOTICE AND COMMENT.—The Administrator of
the Federal Emergency Management Agency may
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50
ment this section, and may carry out this section as a
pilot program until such regulations are promulgated.
(ii) FINAL RULE.—Not later than 2 years after the
date of enactment of this paragraph, the Administrator of the Federal Emergency Management Agency
shall issue final regulations to implement this subsection as amended by the Disaster Recovery Reform
Act of 2018.
(iii) WAIVER AND EXPIRATION.—The authority
under clause (i) and any pilot program implemented
pursuant to such clause shall expire 2 years after the
date of enactment of this paragraph or upon issuance
of final regulations pursuant to clause (ii), whichever
occurs sooner.
(g) COST SHARING.—
(1) FEDERAL SHARE.—Except as provided in paragraph (2),
the Federal share of the costs eligible to be paid using assistance provided under this section shall be 100 percent.
(2) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—In
the case of financial assistance provided under subsection (e)—
(A) the Federal share shall be 75 percent; and
(B) the non-Federal share shall be paid from funds
made available by the State.
(h) MAXIMUM AMOUNT OF ASSISTANCE.—
(1) IN GENERAL.—No individual or household shall receive
financial assistance greater than $25,000 under this section
with respect to a single major disaster, excluding financial assistance to rent alternate housing accommodations under subsection (c)(1)(A)(i) and financial assistance to address other
needs under subsection (e).
(2) OTHER NEEDS ASSISTANCE.—The maximum financial assistance any individual or household may receive under subsection (e) shall be equivalent to the amount set forth in paragraph (1) with respect to a single major disaster.
(3) ADJUSTMENT OF LIMIT.—The limit established under
paragraphs (1) and (2) shall be adjusted annually to reflect
changes in the Consumer Price Index for All Urban Consumers
published by the Department of Labor.
(4) EXCLUSION OF NECESSARY EXPENSES FOR INDIVIDUALS
WITH DISABILITIES.—
(A) IN GENERAL.—The maximum amount of assistance
established under paragraph (1) shall exclude expenses to
repair or replace damaged accessibility-related improvements under paragraphs (2), (3), and (4) of subsection (c)
for individuals with disabilities.
(B) OTHER NEEDS ASSISTANCE.—The maximum amount
of assistance established under paragraph (2) shall exclude
expenses to repair or replace accessibility-related personal
property under subsection (e)(2) for individuals with disabilities.
(i) VERIFICATION MEASURES.—In carrying out this section, the
President shall develop a system, including an electronic database,
that shall allow the President, or the designee of the President,
to—
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(1) verify the identity and address of recipients of assistance under this section to provide reasonable assurance that
payments are made only to an individual or household that is
eligible for such assistance;
(2) minimize the risk of making duplicative payments or
payments for fraudulent claims under this section;
(3) collect any duplicate payment on a claim under this
section, or reduce the amount of subsequent payments to offset
the amount of any such duplicate payment;
(4) provide instructions to recipients of assistance under
this section regarding the proper use of any such assistance,
regardless of how such assistance is distributed; and
(5) conduct an expedited and simplified review and appeal
process for an individual or household whose application for assistance under this section is denied.
(j) RULES AND REGULATIONS.—The President shall prescribe
rules and regulations to carry out this section, including criteria,
standards, and procedures for determining eligibility for assistance.
ø42 U.S.C. 5174¿
øSec. 409 repealed by section 104(c)(2) of Public Law 106–390
(114 Stat. 1559).¿
UNEMPLOYMENT ASSISTANCE
SEC. 410. (a) The President is authorized to provide to any individual unemployed as a result of a major disaster such benefit assistance as he deems appropriate while such individual is unemployed for the weeks of such unemployment with respect to which
the individual is not entitled to any other unemployment compensation (as that term is defined in section 85(b) of the Internal
Revenue Code of 1986) 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 Act, 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.
ø42 U.S.C. 5177¿
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øSec. 411 repealed by section 206(c) of Public Law 106–390
(114 Stat. 1571).¿
BENEFITS AND DISTRIBUTION
SEC. 412. (a) 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
benefit allotments to such households pursuant to the provisions of
the Food Stamp Act of 1964 7 (P.L. 91–671; 84 Stat. 2048) and to
make surplus commodities available pursuant to the provisions of
this Act.
(b) The President, through the Secretary of Agriculture or
other appropriate agencies, is authorized to continue to make such
benefit 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) Nothing in this section shall be construed as amending or
otherwise changing the provisions of the Food Stamp Act of 1964 7
except as they relate to the availability of supplemental nutrition
assistance program benefits in an area affected by a major disaster.
ø42 U.S.C. 5179¿
FOOD COMMODITIES
SEC. 413. (a) 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) The Secretary of Agriculture shall utilize funds appropriated under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), to purchase food commodities necessary to provide adequate
supplies for use in any area of the United States in the event of
a major disaster or emergency in such area.
ø42 U.S.C. 5180¿
RELOCATION ASSISTANCE
SEC. 414. Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment
under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91–646) shall be denied such eligibility as a result of his being unable, because of a major disaster
as determined by the President, to meet the occupancy requirements set by such Act.
7 The reference to the ‘‘Food Stamp Act of 1964’’ probably should be a reference to the ‘‘Food
Stamp Act of 2008’’. The global amendment to the Robert T. Stafford Disaster Relief and Emergency Assistance Act made by section 4002(b)(1)(C) and (2)(DD) of Public Law 110–246 to strike
‘‘Food Stamp Act’’ and insert ‘‘Food and Nutrition Act of 2008’’ was not carried out.
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ø42 U.S.C. 5181¿
LEGAL SERVICES
SEC. 415. Whenever the President determines that low-income
individuals are unable to secure legal services adequate to meet
their needs as a consequence of a major disaster, consistent with
the goals of the programs authorized by this Act, the President
shall assure that such programs are conducted with the advice and
assistance of appropriate Federal agencies and State and local bar
associations.
ø42 U.S.C. 5182¿
CRISIS COUNSELING ASSISTANCE AND TRAINING
SEC. 416. The President is authorized to provide professional
counseling services, including financial assistance to State or local
agencies or private mental health organizations to provide such
services or training of disaster workers, to victims of major disasters in order to relieve mental health problems caused or aggravated by such major disaster or its aftermath.
ø42 U.S.C. 5183¿
COMMUNITY DISASTER LOANS
SEC. 417. (a) IN GENERAL.—The President is authorized to
make loans to any local government which may suffer a substantial
loss of tax and other revenues as a result of a major disaster, and
has demonstrated a need for financial assistance in order to perform its governmental functions.
(b) AMOUNT.—The amount of any such loan shall be based on
need, shall not exceed—
(1) 25 percent of the annual operating budget of that local
government for the fiscal year in which the major disaster occurs, and shall not exceed $5,000,000; or
(2) if the loss of tax and other revenues of the local government as a result of the major disaster is at least 75 percent
of the annual operating budget of that local government for the
fiscal year in which the major disaster occurs, 50 percent of the
annual operating budget of that local government for the fiscal
year in which the major disaster occurs, and shall not exceed
$5,000,000.
(c) REPAYMENT.—
(1) CANCELLATION.—Repayment of all or any part of such
loan to the extent that revenues of the local government during
the three full fiscal year period following the major disaster are
insufficient to meet the operating budget of the local government, including additional disaster-related expenses of a municipal operation character shall be cancelled.
(2) CONDITION ON CONTINUING ELIGIBILITY.—A local government shall not be eligible for further assistance under this
section during any period in which the local government is in
arrears with respect to a required repayment of a loan under
this section.
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(d) EFFECT ON OTHER ASSISTANCE.—Any loans made under
this section shall not reduce or otherwise affect any grants or other
assistance under this Act.
ø42 U.S.C. 5184¿
EMERGENCY COMMUNICATIONS
SEC. 418. The President is authorized during, or in anticipation
of, an emergency or major disaster to establish temporary communications systems and to make such communications available to
State and local government officials and other persons as he deems
appropriate.
ø42 U.S.C. 5185¿
EMERGENCY PUBLIC TRANSPORTATION
SEC. 419. The President is authorized to provide temporary
public transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to
governmental offices, supply centers, stores, post offices, schools,
major employment centers, and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible.
ø42 U.S.C. 5186¿
SEC. 420. FIRE MANAGEMENT ASSISTANCE.
(a) IN GENERAL.—The President is authorized
to provide assistance, including grants, equipment, supplies, and personnel, to any
State or local government for the mitigation, management, and
control of any fire on public or private forest land or grassland that
threatens such destruction as would constitute a major disaster.
(b) COORDINATION WITH STATE AND TRIBAL DEPARTMENTS OF
FORESTRY.—In providing assistance under this section, the President shall coordinate with State and tribal departments of forestry.
(c) ESSENTIAL ASSISTANCE.—In providing assistance under this
section, the President may use the authority provided under section 403.
(d) HAZARD MITIGATION ASSISTANCE.—Whether or not a major
disaster is declared, the President may provide hazard mitigation
assistance in accordance with section 404 in any area affected by
a fire for which assistance was provided under this section.
(e) RULES AND REGULATIONS.—The President shall prescribe
such rules and regulations as are necessary to carry out this section.
ø42 U.S.C. 5187¿
TIMBER SALE CONTRACTS
SEC. 421. (a) 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
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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) If the appropriate Secretary determines that damages are
so great that restoration, reconstruction, or construction is not
practical under the cost-sharing arrangement authorized by subsection (a) of this section, he may allow cancellation of a contract
entered into by his Department not withstanding contrary provisions therein.
(c) The Secretary of Agriculture is authorized to reduce to
seven days the minimum period of advance public notice required
by the first section of the Act of June 4, 1897 (16 U.S.C. 476), in
connection with the sale of timber from national forests, whenever
the Secretary determines that (1) the sale of such timber will assist
in the construction of any area of a State damaged by a major disaster, (2) the sale of such timber will assist in sustaining the economy of such area, or (3) the sale of such timer is necessary to salvage the value of timber damaged in such major disaster or to protect undamaged timber.
(d) 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.
ø42 U.S.C. 5188¿
SEC. 422. SIMPLIFIED PROCEDURE.
(a) IN GENERAL.—If the Federal
estimate of the cost of—
(1) repairing, restoring, reconstructing, or replacing under
section 406 any damaged or destroyed public facility or private
nonprofit facility,
(2) emergency assistance under section 403 or 502, or
(3) debris removed under section 407,
is less than $35,000 (or, if the Administrator has established a
threshold under subsection (b), the amount established under subsection (b)), the President (on application of the State or local government or the owner or operator of the private nonprofit facility)
may make the contribution to such State or local government or
owner or operator under section 403, 406, 407, or 502, as the case
may be, on the basis of such Federal estimate. Such $35,000
amount or, if applicable, the amount established under subsection
(b), shall be adjusted annually to reflect changes in the Consumer
Price Index for All Urban Consumers published by the Department
of Labor.
(b) THRESHOLD.—
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(1) REPORT.—Not later than 1 year after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency (in
this section referred to as the ‘‘Administrator’’), shall—
(A) complete an analysis to determine whether an increase in the threshold for eligibility under subsection (a)
is appropriate, which shall include consideration of cost-effectiveness, speed of recovery, capacity of grantees, past
performance, and accountability measures; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis conducted under subparagraph (A).
(2) AMOUNT.—After the Administrator submits the report
required under paragraph (1), the President shall direct the
Administrator to—
(A) immediately establish a threshold for eligibility
under this section in an appropriate amount, without regard to chapter 5 of title 5, United States Code; and
(B) adjust the threshold annually to reflect changes in
the Consumer Price Index for all Urban Consumers published by the Department of Labor.
(3) REVIEW.—Not later than 3 years after the date on
which the Administrator establishes a threshold under paragraph (2), and every 3 years thereafter, the President, acting
through the Administrator, shall review the threshold for eligibility under this section.
ø42 U.S.C. 5189¿
SEC. 423. APPEALS OF ASSISTANCE DECISIONS.
(a) RIGHT OF APPEAL.—Any decision regarding
eligibility for,
from, or amount of assistance under this title 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) 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.
(d) RIGHT OF ARBITRATION.—
(1) IN GENERAL.—Notwithstanding this section, an applicant for assistance under this title may request arbitration to
dispute the eligibility for assistance or repayment of assistance
provided for a dispute of more than $500,000 for any disaster
that occurred after January 1, 2016. Such arbitration shall be
conducted by the Civilian Board of Contract Appeals and the
decision of such Board shall be binding.
(2) REVIEW.—The Civilian Board of Contract Appeals shall
consider from the applicant all original and additional documentation, testimony, or other such evidence supporting the
applicant’s position at any time during arbitration.
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(3) RURAL AREAS.—For an applicant for assistance in a
rural area under this title, the assistance amount eligible for
arbitration pursuant to this subsection shall be $100,000.
(4) RURAL AREA DEFINED.—For the purposes of this subsection, the term ‘‘rural area’’ means an area with a population
of less than 200,000 outside an urbanized area.
(5) ELIGIBILITY.—To participate in arbitration under this
subsection, an applicant—
(A) shall submit the dispute to the arbitration process
established under the authority granted under section 601
of Public Law 111–5; and
(B) may submit a request for arbitration after the
completion of the first appeal under subsection (a) at any
time before the Administrator of the Federal Emergency
Management Agency has issued a final agency determination or 180 days after the Administrator’s receipt of the
appeal if the Administrator has not provided the applicant
with a final determination on the appeal. The applicant’s
request shall contain documentation from the administrative record for the first appeal and may contain additional
documentation supporting the applicant’s position.
ø42 U.S.C. 5189a¿
SEC. 424. DATE OF ELIGIBILITY; EXPENSES INCURRED BEFORE DATE
OF DISASTER.
Eligibility for Federal assistance under this title shall begin on
the date of the occurrence of the event which results in a declaration by the President that a major disaster exists; except that reasonable expenses which are incurred in anticipation of and immediately preceding such event may be eligible for Federal assistance
under this Act.
ø42 U.S.C. 5189b¿
SEC.
425.
TRANSPORTATION
HOUSEHOLDS.
ASSISTANCE
TO
INDIVIDUALS
AND
The President may provide transportation assistance to relocate individuals displaced from their predisaster primary residences as a result of an incident declared under this Act or otherwise transported from their predisaster primary residences under
section 403(a)(3) or 502, to and from alternative locations for short
or long-term accommodation or to return an individual or household to their predisaster primary residence or alternative location,
as determined necessary by the President.
ø42 U.S.C. 5189c¿
SEC. 426. CASE MANAGEMENT SERVICES.
The President may provide case management services, including financial assistance, to State or local government agencies or
qualified private organizations to provide such services, to victims
of major disasters to identify and address unmet needs.
ø42 U.S.C. 5189d¿
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SEC. 427. ESSENTIAL SERVICE PROVIDERS.
(a) DEFINITION.—In this section, the
term ‘‘essential service
provider’’ means an entity that—
(1)(A) provides—
(i) wireline or mobile telephone service, Internet access
service, radio or television broadcasting, cable service, or
direct broadcast satellite service;
(ii) electrical power;
(iii) natural gas;
(iv) water and sewer services; or
(v) any other essential service, as determined by the
President; or
(B) 8 is a tower owner or operator;
(2) is—
(A) a municipal entity;
(B) a nonprofit entity; or
(C) a private, for profit entity; and
(3) is contributing to efforts to respond to an emergency or
major disaster.
(b) AUTHORIZATION FOR ACCESSIBILITY.—Unless exceptional circumstances apply, in an emergency or major disaster, the head of
a Federal agency, to the greatest extent practicable, shall not—
(1) deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and
repair an essential service; or
(2) impede the restoration or repair of the services described in subsection (a)(1).
(c) IMPLEMENTATION.—In implementing this section, the head
of a Federal agency shall follow all applicable Federal laws, regulations, and policies.
ø42 U.S.C. 5189e¿
SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.
(a) APPROVAL OF PROJECTS.—The President, acting through the
Administrator of the Federal Emergency Management Agency, may
approve projects under the alternative procedures adopted under
this section for any major disaster or emergency declared on or
after the date of enactment of this section 9. The Administrator
may also apply the alternate procedures adopted under this section
to a major disaster or emergency declared before enactment of this
Act 9 for which construction has not begun as of the date of enactment of this Act 9.
(b) ADOPTION.—The Administrator, in coordination with States,
tribal and local governments, and owners or operators of private
nonprofit facilities, may adopt alternative procedures to administer
assistance provided under sections 403(a)(3)(A), 406, 407, and
502(a)(5).
(c) GOALS OF PROCEDURES.—The alternative procedures adopted under subsection (a) shall further the goals of—
(1) reducing the costs to the Federal Government of providing such assistance;
8 Margin
9 The
of subparagraph (B) is so in law.
date of enactment of P.L. 113–2 is January 29, 2013.
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(2) increasing flexibility in the administration of such assistance;
(3) expediting the provision of such assistance to a State,
tribal or local government, or owner or operator of a private
nonprofit facility; and
(4) providing financial incentives and disincentives for a
State, tribal or local government, or owner or operator of a private nonprofit facility for the timely and cost-effective completion of projects with such assistance.
(d) PARTICIPATION.—
(1) IN GENERAL.—Participation in the alternative procedures adopted under this section shall be at the election of a
State, tribal or local government, or owner or operator of a private nonprofit facility consistent with procedures determined
by the Administrator.
(2) NO CONDITIONS.—The President may not condition the
provision of Federal assistance under this Act on the election
by a State, local, or Indian tribal government, or owner or operator of a private nonprofit facility to participate in the alternative procedures adopted under this section.
(e) MINIMUM PROCEDURES.—The alternative procedures adopted under this section shall include the following:
(1) For repair, restoration, and replacement of damaged facilities under section 406—
(A) making grants on the basis of fixed estimates, if
the State, tribal or local government, or owner or operator
of the private nonprofit facility agrees to be responsible for
any actual costs that exceed the estimate;
(B) providing an option for a State, tribal or local government, or owner or operator of a private nonprofit facility to elect to receive an in-lieu contribution, without reduction, on the basis of estimates of—
(i) the cost of repair, restoration, reconstruction,
or replacement of a public facility owned or controlled
by the State, tribal or local government or owner or
operator of a private nonprofit facility; and
(ii) management expenses;
(C) consolidating, to the extent determined appropriate by the Administrator, the facilities of a State, tribal
or local government, or owner or operator of a private nonprofit facility as a single project based upon the estimates
adopted under the procedures;
(D) if the actual costs of a project completed under the
procedures are less than the estimated costs thereof, the
Administrator may permit a grantee or subgrantee to use
all or part of the excess funds for—
(i) cost-effective activities that reduce the risk of
future damage, hardship, or suffering from a major
disaster; and
(ii) other activities to improve future Public Assistance operations or planning;
(E) in determining eligible costs under section 406, the
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timate prepared by the applicant’s professionally licensed
engineers has estimated an eligible Federal share for a
project of at least $5,000,000, an independent expert panel
to validate the estimated eligible cost consistent with applicable regulations and policies implementing this section;
(F) in determining eligible costs under section 406, the
Administrator shall, at the applicant’s request, consider
properly conducted and certified cost estimates prepared
by professionally licensed engineers (mutually agreed upon
by the Administrator and the applicant), to the extent that
such estimates comply with applicable regulations, policy,
and guidance; and
(G) once certified by a professionally licensed engineer
and accepted by the Administrator, the estimates on which
grants made pursuant to this section are based shall be
presumed to be reasonable and eligible costs, as long as
there is no evidence of fraud.
(2) For debris removal under sections 403(a)(3)(A), 407,
and 502(a)(5)—
(A) making grants on the basis of fixed estimates to
provide financial incentives and disincentives for the timely or cost-effective completion if the State, tribal or local
government, or owner or operator of the private nonprofit
facility agrees to be responsible to pay for any actual costs
that exceed the estimate;
(B) using a sliding scale for determining the Federal
share for removal of debris and wreckage based on the
time it takes to complete debris and wreckage removal;
(C) allowing use of program income from recycled debris without offset to the grant amount;
(D) reimbursing base and overtime wages for employees and extra hires of a State, tribal or local government,
or owner or operator of a private nonprofit facility performing or administering debris and wreckage removal;
(E) providing incentives to a State or tribal or local
government to have a debris management plan approved
by the Administrator and have pre-qualified 1 or more debris and wreckage removal contractors before the date of
declaration of the major disaster; and
(F) if the actual costs of projects under subparagraph
(A) are less than the estimated costs of the project, the Administrator may permit a grantee or subgrantee to use all
or part of the excess funds for—
(i) debris management planning;
(ii) acquisition of debris management equipment
for current or future use; and
(iii) other activities to improve future debris removal operations, as determined by the Administrator.
(f) WAIVER AUTHORITY.—Until such time as the Administrator
promulgates regulations to implement this section, the Administrator may—
(1) waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and
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(2) carry out the alternative procedures under this section
as a pilot program.
(g) OVERTIME PAYMENTS.—The guidelines for reimbursement
for costs under subsection (e)(2)(D) shall ensure that no State or
local government is denied reimbursement for overtime payments
that are required pursuant to the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.).
(h) REPORT.—
(1) IN GENERAL.—Not earlier than 3 years, and not later
than 5 years, after the date of enactment of this section, the
Inspector General of the Department of Homeland Security
shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a
report on the alternative procedures for the repair, restoration,
and replacement of damaged facilities under section 406 authorized under this section.
(2) CONTENTS.—The report shall contain an assessment of
the effectiveness of the alternative procedures, including—
(A) whether the alternative procedures helped to improve the general speed of disaster recovery;
(B) the accuracy of the estimates relied upon;
(C) whether the financial incentives and disincentives
were effective;
(D) whether the alternative procedures were cost effective;
(E) whether the independent expert panel described in
subsection (e)(1)(E) was effective; and
(F) recommendations for whether the alternative procedures should be continued and any recommendations for
changes to the alternative procedures.
ø42 U.S.C. 5189f¿
SEC. 429. UNIFIED FEDERAL REVIEW.
(a) IN GENERAL.—Not later than
18 months after the date of
enactment of this section, and in consultation with the Council on
Environmental Quality and the Advisory Council on Historic Preservation, the President shall establish an expedited and unified
interagency review process to ensure compliance with environmental and historic requirements under Federal law relating to
disaster recovery projects, in order to expedite the recovery process,
consistent with applicable law.
(b) CONTENTS.—The review process established under this section shall include mechanisms to expeditiously address delays that
may occur during the recovery from a major disaster and be updated, as appropriate, consistent with applicable law.
ø42 U.S.C. 5189g¿
SEC. 430. ø42 U.S.C. 5189h¿ AGENCY ACCOUNTABILITY.
(a) PUBLIC ASSISTANCE.—Not later than 5 days
after an award
of a public assistance grant is made under section 406 that is in
excess of $1,000,000, the Administrator of the Federal Emergency
Management Agency shall publish on the website of the Federal
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Emergency Management Agency the specifics of each such grant
award, including—
(1) identifying the Federal Emergency Management Agency Region;
(2) the disaster or emergency declaration number;
(3) the State, county, and applicant name;
(4) if the applicant is a private nonprofit organization;
(5) the damage category code;
(6) the amount of the Federal share obligated; and
(7) the date of the award.
(b) MISSION ASSIGNMENTS.—
(1) IN GENERAL.—Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator of the Federal Emergency Management Agency
shall publish on the website of the Federal Emergency Management Agency any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster in excess of $1,000,000, including—
(A) the name of the impacted State or Indian Tribe;
(B) the disaster declaration for such State or Indian
Tribe;
(C) the assigned agency;
(D) the assistance requested;
(E) a description of the disaster;
(F) the total cost estimate;
(G) the amount obligated;
(H) the State or Indian tribal government cost share,
if applicable;
(I) the authority under which the mission assignment
or mission assignment task order was directed; and
(J) if applicable, the date a State or Indian Tribe requested the mission assignment.
(2) RECORDING CHANGES.—Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator of the Federal Emergency
Management Agency shall update any changes to the total cost
estimate and the amount obligated.
(c) DISASTER RELIEF MONTHLY REPORT.—Not later than 10
days after the first day of each month, the Administrator of the
Federal Emergency Management Agency shall publish on the
website of the Federal Emergency Management Agency reports, including a specific description of the methodology and the source
data used in developing such reports, including—
(1) an estimate of the amounts for the fiscal year covered
by the President’s most recent budget pursuant to section
1105(a) of title 31, United States Code, including—
(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried over
from the budget year to the budget year plus 1;
(C) the amount of obligations for noncatastrophic
events for the budget year;
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(D) the amount of obligations for the budget year for
catastrophic events delineated by event and by State;
(E) the total amount that has been previously obligated or will be required for catastrophic events delineated
by event and by State for all prior years, the current fiscal
year, the budget year, and each fiscal year thereafter;
(F) the amount of previously obligated funds that will
be recovered for the budget year;
(G) the amount that will be required for obligations for
emergencies, as described in section 102(1), major disasters, as described in section 102(2), fire management assistance grants, as described in section 420, surge activities, and disaster readiness and support activities; and
(H) the amount required for activities not covered
under section 251(b)(2)(D)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii)); and
(2) an estimate or actual amounts, if available, of the following for the current fiscal year, which shall be submitted not
later than the fifth day of each month, published by the Administrator of the Federal Emergency Management Agency on
the website of the Federal Emergency Management Agency not
later than the fifth day of each month:
(A) A summary of the amount of appropriations made
available by source, the transfers executed, the previously
allocated funds recovered, and the commitments, allocations, and obligations made.
(B) A table of disaster relief activity delineated by
month, including—
(i) the beginning and ending balances;
(ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities;
(iii) the obligations for catastrophic events delineated by event and by State; and
(iv) the amount of previously obligated funds that
are recovered.
(C) A summary of allocations, obligations, and expenditures for catastrophic events delineated by event.
(D) The cost of the following categories of spending:
(i) Public assistance.
(ii) Individual assistance.
(iii) Mitigation.
(iv) Administrative.
(v) Operations.
(vi) Any other relevant category (including emergency measures and disaster resources) delineated by
disaster.
(E) The date on which funds appropriated will be exhausted.
(d) CONTRACTS.—
(1) INFORMATION.—Not later than 10 days after the first
day of each month, the Administrator of the Federal Emergency Management Agency shall publish on the website of the
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Federal Emergency Management Agency the specifics of each
contract in excess of $1,000,000 that the Federal Emergency
Management Agency enters into, including—
(A) the name of the party;
(B) the date the contract was awarded;
(C) the amount and scope of the contract;
(D) if the contract was awarded through a competitive
bidding process;
(E) if no competitive bidding process was used, the
reason why competitive bidding was not used; and
(F) the authority used to bypass the competitive bidding process.
The information shall be delineated by disaster, if applicable,
and specify the damage category code, if applicable.
(2) REPORT.—Not later than 10 days after the last day of
the fiscal year, the Administrator of the Federal Emergency
Management Agency shall provide a report to the appropriate
committees of Congress summarizing the following information
for the preceding fiscal year:
(A) The number of contracts awarded without competitive bidding.
(B) The reasons why a competitive bidding process
was not used.
(C) The total amount of contracts awarded with no
competitive bidding.
(D) The damage category codes, if applicable, for contracts awarded without competitive bidding.
(e) COLLECTION OF PUBLIC ASSISTANCE RECIPIENT AND SUBRECIPIENT CONTRACTS.—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of this subsection, the Administrator of the Federal
Emergency Management Agency shall initiate and maintain an
effort to collect and store information, prior to the project closeout phase on any contract entered into by a public assistance
recipient or subrecipient that through the base award, available options, or any subsequent modifications has an estimated
value of more than $1,000,000 and is funded through section
324, 403, 404, 406, 407, 428, or 502, including—
(A) the disaster number, project worksheet number,
and the category of work associated with each contract;
(B) the name of each party;
(C) the date the contract was awarded;
(D) the amount of the contract;
(E) the scope of the contract;
(F) the period of performance for the contract; and
(G) whether the contract was awarded through a competitive bidding process.
(2) AVAILABILITY OF INFORMATION COLLECTED.—The Administrator of the Federal Emergency Management Agency
shall make the information collected and stored under paragraph (1) available to the Inspector General of the Department
of Homeland Security, the Government Accountability Office,
and appropriate committees of Congress, upon request.
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(3) REPORT.—Not later than 365 days after the date of enactment of this subsection, the Administrator of the Federal
Emergency Management Agency shall submit a report to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the efforts of the
Federal Emergency Management Agency to collect the information described in paragraph (1).
TITLE V—EMERGENCY ASSISTANCE
PROGRAMS
SEC. 501. 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 Act, the Governor shall take appropriate action
under State law and direct execution of the State’s emergency plan.
The Governor shall furnish information describing the State and
local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based upon such Governor’s request, the President may declare that an emergency exists.
(b) CERTAIN EMERGENCIES INVOLVING FEDERAL PRIMARY RESPONSIBILITY.—The President may exercise any authority vested in
him by section 502 or section 503 with respect to an emergency
when he determines that an emergency exists for which the primary responsibility for response rests with the United States because the emergency involves a subject area for which, under the
Constitution or laws of the United States, the United States exercises exclusive or preeminent responsibility and authority. In determining whether or not such an emergency exists, the President
shall consult the Governor of any affected State, if practicable. The
President’s determination may be made without regard to subsection (a).
(c) INDIAN TRIBAL GOVERNMENT REQUESTS.—
(1) IN GENERAL.—The Chief Executive of an affected Indian tribal government may submit a request for a declaration
by the President that an emergency exists consistent with the
requirements of subsection (a).
(2) REFERENCES.—In implementing assistance authorized
by the President under this title in response to a request of the
Chief Executive of an affected Indian tribal government for an
emergency declaration, any reference in this title or title III
(except sections 310 and 326) to a State or the Governor of a
State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate.
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(3) SAVINGS PROVISION.—Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President
at the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the same
incident.
ø42 U.S.C. 5191¿
SEC. 502. 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, including precautionary
evacuations;
(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;
(5) remove debris in accordance with the terms and conditions of section 407;
(6) provide assistance in accordance with section 408;
(7) assist State and local governments in the distribution
of medicine, food, and other consumable supplies, and emergency assistance; and
(8) provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering,
or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President—
(A) shall, to the fullest extent practicable, promptly
notify and coordinate with a State in which such assistance or support is provided; and
(B) shall not, in notifying and coordinating with a
State under subparagraph (A), delay or impede the rapid
deployment, use, and distribution of critical resources to
victims of an emergency.
(b) GENERAL.—Whenever the Federal assistance provided
under subsection (a) with respect to an emergency is inadequate,
the President may also provide assistance with respect to efforts to
save lives, protect property and public health and safety, and less-
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en or avert the threat of a catastrophe, including precautionary
evacuations.
(c) GUIDELINES.—The President shall promulgate and maintain
guidelines to assist Governors in requesting the declaration of an
emergency in advance of a natural or man-made disaster (including
for the purpose of seeking assistance with special needs and other
evacuation efforts) under this section by defining the types of assistance available to affected States and the circumstances under
which such requests are likely to be approved.
ø42 U.S.C. 5192¿
SEC. 503. AMOUNT OF ASSISTANCE.
(a) FEDERAL SHARE.—The Federal
share for assistance provided under this title 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 title 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
(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.
ø42 U.S.C. 5193¿
TITLE VI—EMERGENCY PREPAREDNESS
SEC. 601. DECLARATION OF POLICY.
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.
ø42 U.S.C. 5195¿
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SEC. 602. DEFINITIONS.
(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, winddriven 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).
(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 Administrator 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.
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(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) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator 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 10 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
611(h).
(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 10 emergency preparedness activities
conducted pursuant to this title.
ø42 U.S.C. 5195a¿
SEC. 603. ADMINISTRATION OF TITLE.
This title shall be carried out by the Administrator of the Federal Emergency Management Agency.
ø42 U.S.C. 5195b¿
Subtitle A—Powers and Duties
SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.
(a) IN GENERAL.—In order to carry out the policy
described in
section 601, the Administrator shall have the authorities provided
in this section.
(b) FEDERAL EMERGENCY RESPONSE PLANS AND PROGRAMS.—
The Administrator 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 Administrator 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 Administrator 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.
10 The
word ‘‘includes’’ in subsections (a)(9) and (b) probably should read ‘‘include’’.
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(d) COMMUNICATIONS AND WARNINGS.—The Administrator 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 Administrator
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.
(f) TRAINING PROGRAMS.—(1) The Administrator 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, United States Code, and the Standardized Government Travel Regulations, and per diem allowances, in lieu of
subsistence for trainees in attendance or the furnishing of subsistence and quarters for trainees and instructors on terms
prescribed by the Administrator; and
(C) provide instructors and training aids as necessary.
(2) The terms prescribed by the Administrator 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 Administrator 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 Administrator may publicly disseminate appropriate emergency preparedness information by all appropriate
means.
(h) EMERGENCY PREPAREDNESS COMPACTS.—(1) The Administrator 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
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(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.
(2) The Administrator 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 Administrator 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 355 of the Revised Statutes (40 U.S.C. 255).
(3) The Administrator 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 Administrator 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 Administrator
shall prescribe.
(j) FINANCIAL CONTRIBUTIONS.—(1) The Administrator may
make financial contributions, on the basis of programs or projects
approved by the Administrator, 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 Administrator
shall prescribe, including the method of purchase, the quantity,
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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 Administrator may make financial contributions,
on the basis of programs or projects approved by the Administrator, 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 Administrator 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 Administrator 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 Administrator) 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 Administrator 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 Administrator 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 Administrator. The Administrator 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 Administrator, 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 Administrator may make
a contribution to any State toward that portion of the cost of the
construction, reconstruction, or enlargement of any facility which
the Administrator 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 Administrator necessary for the use of
such facility for emergency preparedness purposes.
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(8) The Administrator 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
Administrator 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 Administrator 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 2 of the Act of June 13, 1934 (40 U.S.C. 276(c)).
(k) SALE OR DISPOSAL OF CERTAIN MATERIALS AND FACILITIES.—The Administrator may arrange for the sale or disposal of
materials and facilities found by the Administrator 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.
ø42 U.S.C. 5196¿
SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING
COUNTRIES.
The Administrator shall give all practicable assistance to
States in arranging, through the Department of State, mutual
emergency preparedness aid between the States and neighboring
countries.
ø42 U.S.C. 5196a¿
SEC. 613. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE
EXPENSES.
(a) GENERAL AUTHORITY.—To further assist in carrying out the
purposes of this title, the Administrator may make financial contributions to the States (including interstate emergency preparedness authorities established pursuant to section 611(h)) 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.
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(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, including a catastrophic
incident annex, pursuant to standards approved by the Administrator;
(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 Administrator may require;
(6) make available to duly authorized representatives of
the Administrator and the Comptroller General, books, records,
and papers necessary to conduct audits for the purposes of this
section; and
(7) include a plan for providing information to the public
in a coordinated manner.
(c) CATASTROPHIC INCIDENT ANNEX.—
(1) CONSISTENCY.—A catastrophic incident annex submitted under subsection (b)(3) shall be—
(A) modeled after the catastrophic incident annex of
the National Response Plan; and
(B) consistent with the national preparedness goal established under section 643 of the Post-Katrina Emergency
Management Reform Act of 2006, the National Incident
Management System, the National Response Plan, and
other related plans and strategies.
(2) CONSULTATION.—In developing a catastrophic incident
annex submitted under subsection (b)(3), a State shall consult
with and seek appropriate comments from local governments,
emergency response providers, locally governed multijurisdictional councils of government, and regional planning commissions.
(d) TERMS AND CONDITIONS.—The Administrator shall establish such other terms and conditions as the Administrator considers necessary and proper to carry out this section.
(e) APPLICATION OF OTHER PROVISIONS.—In carrying out this
section, the provisions of section 11 611(h) and 621(h) shall apply.
(f) ALLOCATION OF FUNDS.—For each fiscal year concerned, the
Administrator shall allocate to each State, in accordance with regulations and the total sum appropriated under this title, 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
11 So
in law. The word ‘‘section’’ in subsection (e) probably should read ‘‘sections’’.
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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
Administrator shall prescribe. The Administrator 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.
(g) STANDARDS FOR STATE AND LOCAL EMERGENCY PREPAREDNESS OPERATIONAL PLANS.—In approving standards for State and
local emergency preparedness operational plans pursuant to subsection (b)(3), the Administrator shall ensure that such plans take
into account the needs of individuals with household pets and service animals prior to, during, and following a major disaster or
emergency.
(h) SUBMISSION OF PLAN.—If a State fails to submit a plan for
approval as required by this section within 60 days after the Administrator notifies the States of the allocations under this section,
the Administrator may reallocate such funds, or portions thereof,
among the other States in such amounts as, in the judgment of the
Administrator, will best assure the adequate development of the
emergency preparedness capability of the United States.
(h) 12 ANNUAL REPORTS.—The Administrator shall report annually to the Congress all contributions made pursuant to this section.
ø42 U.S.C. 5196b¿
SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS
CENTERS.
(a) GRANTS.—The Administrator of the Federal Emergency
Management Agency may make grants to States under this title for
equipping, upgrading, and constructing State and local emergency
operations centers.
(b) FEDERAL SHARE.—Notwithstanding any other provision of
this title, the Federal share of the cost of an activity carried out
using amounts from grants made under this section shall not exceed 75 percent.
ø42 U.S.C. 5196c¿
SEC. 615. USE OF FUNDS TO PREPARE FOR AND RESPOND TO HAZARDS.
Funds made available to the States under this title 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 title for emergency preparedness activities and measures related to hazards.
ø42 U.S.C. 5196d¿
12 So
in law. Two subsections (h) have been enacted.
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SEC. 616. DISASTER RELATED INFORMATION SERVICES.
(a) IN GENERAL.—Consistent with section 308(a),
the Administrator of 13 Federal Emergency Management Agency shall—
(1) identify, in coordination with State and local governments, population groups with limited English proficiency and
take into account such groups in planning for an emergency or
major disaster;
(2) ensure that information made available to individuals
affected by a major disaster or emergency is made available in
formats that can be understood by—
(A) population groups identified under paragraph (1);
and
(B) individuals with disabilities or other special needs;
and
(3) develop and maintain an informational clearinghouse of
model language assistance programs and best practices for
State and local governments in providing services related to a
major disaster or emergency.
(b) GROUP SIZE.—For purposes of subsection (a), the Administrator of Federal Emergency Management Agency shall define the
size of a population group.
ø42 U.S.C. 5196f¿
Subtitle B—General Provisions
SEC. 621. ADMINISTRATIVE AUTHORITY.
(a) IN GENERAL.—For the purpose
of carrying out the powers
and duties assigned to the Administrator under this title, the Administrator may exercise the administrative authorities provided
under this section.
(b) ADVISORY PERSONNEL.—(1) The Administrator 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 Administrator considers to be necessary in carrying out the provisions of this title.
(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 Administrator.
(c) SERVICES OF OTHER AGENCY PERSONNEL AND VOLUNTEERS.—The Administrator 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
13 So
in law. Probably should read ‘‘of the Federal’’.
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(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
Administrator 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 title.
(e) REIMBURSEMENT.—The Administrator 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 title to the extent funds are available.
(f) PRINTING.—The Administrator may purchase such printing,
binding, and blank-book work from public, commercial, or private
printing establishments or binderies as the Administrator considers
necessary upon orders placed by the Public Printer or upon waivers
issued in accordance with section 504 of title 44, United States
Code.
(g) RULES AND REGULATIONS.—The Administrator may prescribe such rules and regulations as may be necessary and proper
to carry out any of the provisions of this title and perform any of
the powers and duties provided by this title. The Administrator
may perform any of the powers and duties provided by this title
through or with the aid of such officials of the Federal Emergency
Management Agency as the Administrator 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 Administrator finds that there
is a failure to expend funds in accordance with the regulations,
terms, and conditions established under this title for approved
emergency preparedness plans, programs, or projects, the Administrator may notify such State or person that further payments will
not be made to the State or person from appropriations under this
title (or from funds otherwise available for the purposes of this title
for any approved plan, program, or project with respect to which
there is such failure to comply) until the Administrator is satisfied
that there will no longer be any such failure.
(2) Until so satisfied, the Administrator 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.
ø42 U.S.C. 5197¿
SEC. 622. SECURITY REGULATIONS.
(a) ESTABLISHMENT.—The Administrator
shall establish such
security requirements and safeguards, including restrictions with
respect to access to information and property as the Administrator
considers necessary.
(b) LIMITATIONS ON EMPLOYEE ACCESS TO INFORMATION.—No
employee of the Federal Emergency Management Agency shall be
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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 Administrator.
(c) NATIONAL SECURITY POSITIONS.—No employee of the Federal Emergency Management Agency shall occupy any position determined by the Administrator 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 Administrator 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 Administrator 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 Administrator of the Federal Emergency Management Agency for evaluation in writing. Thereafter, the Administrator of the Federal Emergency Management Agency may refer
the matter to the Federal Bureau of Investigation for the conduct
of a full field investigation by such Bureau. The result of such latter investigation by such Bureau shall be furnished to the Administrator 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
title, except the subjects of the United Kingdom and citizens of
Canada specified in section 621(b), 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, lllll, 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 lllll (name of
emergency preparedness organization), I will not advocate nor
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Sec. 626
become a member or an affiliate of any organization, group, or
combination of persons that advocates the overthrow of the
Government of the United States by force or violence.’’
‘‘After appointment and qualification for office, the director of
emergency preparedness of any State, and any subordinate emergency preparedness officer within such State designated by the director in writing, shall be qualified to administer any such oath
within such State under such regulations as the director shall prescribe. Any person who shall be found guilty of having falsely taken
such oath shall be punished as provided in section 1621 of title 18,
United States Code.’’
ø42 U.S.C. 5197a¿
SEC. 623. USE OF EXISTING FACILITIES.
In performing duties under this title, the Administrator—
(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 Administrator, with the written approval of the President, shall determine that such duplication is necessary to accomplish the purposes of this title.
ø42 U.S.C. 5197b¿
SEC. 624. ANNUAL REPORT TO CONGRESS.
The Administrator 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 title, accompanied by such recommendations as the Administrator considers appropriate.
ø42 U.S.C. 5197c¿
SEC. 625. APPLICABILITY OF TITLE.
The provisions of this title shall be applicable to the United
States, its States, Territories and possessions, and the District of
Columbia, and their political subdivisions.
ø42 U.S.C. 5197d¿
SEC. 626. 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 title.
(b) TRANSFER AUTHORITY.—Funds made available for the purposes of this title may be allocated or transferred for any of the
purposes of this title, 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 title. Each such allocation or transfer shall be reported in full detail to the Congress
within 30 days after such allocation or transfer.
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ø42 U.S.C. 5197e¿
SEC. 627. RELATION TO ATOMIC ENERGY ACT OF 1954.
Nothing in this title shall be construed to alter or modify the
provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.).
ø42 U.S.C. 5197f¿
SEC. 628. FEDERAL BUREAU OF INVESTIGATION.
Nothing in this title shall be construed to authorize investigations of espionage, sabotage, or subversive acts by any persons
other than personnel of the Federal Bureau of Investigation.
ø42 U.S.C. 5197g¿
SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION
PROGRAM.
(a) IN GENERAL.—The Administrator shall establish a minority
emergency preparedness demonstration program to research and
promote the capacity of minority communities to provide data, information, and awareness education by providing grants to or executing contracts or cooperative agreements with eligible nonprofit
organizations to establish and conduct such programs.
(b) ACTIVITIES SUPPORTED.—An eligible nonprofit organization
may use a grant, contract, or cooperative agreement awarded under
this section—
(1) to conduct research into the status of emergency preparedness and disaster response awareness in African American and Hispanic households located in urban, suburban, and
rural communities, particularly in those States and regions
most impacted by natural and manmade disasters and emergencies; and
(2) to develop and promote awareness of emergency preparedness education programs within minority communities,
including development and preparation of culturally competent
educational and awareness materials that can be used to disseminate information to minority organizations and institutions.
(c) ELIGIBLE ORGANIZATIONS.—A nonprofit organization is eligible to be awarded a grant, contract, or cooperative agreement
under this section with respect to a program if the organization is
a nonprofit organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt
from tax under section 501(a) of such Code, whose primary mission
is to provide services to communities predominately populated by
minority citizens, and that can demonstrate a partnership with a
minority-owned business enterprise or minority business located in
a HUBZone (as defined in section 3(p) of the Small Business Act
(15 U.S.C. 632(p))) with respect to the program.
(d) USE OF FUNDS.—A recipient of a grant, contract, or cooperative agreement awarded under this section may only use the proceeds of the grant, contract, or agreement to—
(1) acquire expert professional services necessary to conduct research in communities predominately populated by miAugust 30, 2019
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Sec. 701
nority citizens, with a primary emphasis on African American
and Hispanic communities;
(2) develop and prepare informational materials to promote awareness among minority communities about emergency
preparedness and how to protect their households and communities in advance of disasters;
(3) establish consortia with minority national organizations, minority institutions of higher education, and faith-based
institutions to disseminate information about emergency preparedness to minority communities; and
(4) implement a joint project with a minority serving institution, including a part B institution (as defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2))), an institution described in subparagraph (A), (B), or
(C) of section 326 14 of that Act (20 U.S.C. 1063b(e)(1)(A), (B),
or (C)), and a Hispanic-serving institution (as defined in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))).
(e) APPLICATION AND REVIEW PROCEDURE.—To be eligible to receive a grant, contract, or cooperative agreement under this section, an organization must submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. The Administrator shall establish a procedure by which to accept such applications.
(f) AUTHORIZATION OF APPROPRIATION.—There is authorized to
be appropriated to carry out this section $1,500,000 for fiscal year
2002 and such funds as may be necessary for fiscal years 2003
through 2007. Such sums shall remain available until expended.
ø42 U.S.C. 5197h¿
TITLE VII—MISCELLANEOUS
AUTHORITY TO PRESCRIBE RULES AND ACCEPT GIFTS
SEC. 701. (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 Act, and he may exercise any power or authority
conferred on him by any section of this Act either directly or
through such Federal agency or agencies as he may designate.
(2) DEADLINE FOR PAYMENT OF ASSISTANCE.—Rules and regulations authorized by paragraph (1) shall provide that payment of
any assistance under this Act to a State shall be completed within
60 days after the date of approval of such assistance.
(b) In furtherance of the purposes of this Act, the President or
his delegate may accept and use bequests, gifts, or donations of
service, money, or property, real, personal, or mixed, tangible, or
intangible. All sums received under this subsection shall be deposited in a separate fund on the books of the Treasury and shall be
available for expenditure upon the certification of the President or
his delegate. At the request of the President or his delegate, the
Secretary of the Treasury may invest and reinvest excess monies
in the fund. Such investments shall be in public debt securities
with maturities suitable for the needs of the fund and shall bear
14 So
in law. Should read ‘‘section 326(e)(1)’’.
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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.
ø42 U.S.C. 5201¿
SEC. 702. øAmended various other Acts¿.
REPEAL OF EXISTING LAW
SEC. 703. The Disaster Relief Act of 1970, as amended (84
Stat. 1744), is hereby repealed, except sections 231, 233, 234, 235,
236, 237, 301, 302, 303, and 304. Notwithstanding such repeal the
provisions of the Disaster Relief Act of 1970 shall continue in effect
with respect to any major disaster declared prior to the enactment
of this Act.
PRIOR ALLOCATION OF FUNDS
SEC. 704. Funds heretofore appropriated and available under
Public Laws 91–606, as amended, and 92–385 shall continue to be
available for the purpose of providing assistance under those Acts
as well as for the purposes of this Act.
SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.
(a) STATUTE OF LIMITATIONS.—
(1) IN GENERAL.—Notwithstanding section
3716(e) of title
31, United States Code, and except as provided in paragraph
(2), no administrative action to recover any payment made to
a State or local government for disaster or emergency assistance under this Act shall be initiated in any forum after the
date that is 3 years after the date of transmission of the final
expenditure report for project completion as certified by the
grantee.
(2) FRAUD EXCEPTION.—The limitation under paragraph (1)
shall apply unless there is evidence of civil or criminal fraud.
(b) REBUTTAL OF PRESUMPTION OF RECORD MAINTENANCE.—
(1) IN GENERAL.—In any dispute arising under this section
after the date that is 3 years after the date of transmission of
the final expenditure report for project completion as certified
by the grantee, there shall be a presumption that accounting
records were maintained that adequately identify the source
and application of funds provided for financially assisted activities.
(2) AFFIRMATIVE EVIDENCE.—The presumption described in
paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph.
(3) INABILITY TO PRODUCE DOCUMENTATION.—The inability
of the Federal, State, or local government to produce source
documentation supporting expenditure reports later than 3
years after the date of transmission of the final expenditure report for project completion as certified by the grantee shall not
constitute evidence to rebut the presumption described in paragraph (1).
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(4) RIGHT OF ACCESS.—The period during which the Federal, State, or local government has the right to access source
documentation shall not be limited to the required 3-year retention period referred to in paragraph (3), but shall last as
long as the records are maintained.
(c) BINDING NATURE OF GRANT REQUIREMENTS.—A State or
local government shall not be liable for reimbursement or any other
penalty for any payment made under this Act if—
(1) the payment was authorized by an approved agreement
specifying the costs;
(2) the costs were reasonable; and
(3) the purpose of the grant was accomplished.
(d) FACILITATING CLOSEOUT.—
(1) INCENTIVES.—The Administrator of the Federal Emergency Management Agency may develop incentives and penalties that encourage State, local, or Indian tribal governments
to close out expenditures and activities on a timely basis related to disaster or emergency assistance.
(2) AGENCY REQUIREMENTS.—The Federal Emergency Management Agency shall, consistent with applicable regulations
and required procedures, meet its responsibilities to improve
closeout practices and reduce the time to close disaster program awards.
ø42 U.S.C. 5205¿
SEC. 706. FIREARMS POLICIES.
(a) PROHIBITION ON CONFISCATION OF
FIREARMS.—No officer or
employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of
Federal law, or receiving Federal funds, or under control of any
Federal official, or providing services to such an officer, employee,
or other person, while acting in support of relief from a major disaster or emergency, may—
(1) temporarily or permanently seize, or authorize seizure
of, any firearm the possession of which is not prohibited under
Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
(2) require registration of any firearm for which registration is not required by Federal, State, or local law;
(3) prohibit possession of any firearm, or promulgate any
rule, regulation, or order prohibiting possession of any firearm,
in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or
(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local
law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of
relief from the major disaster or emergency.
(b) LIMITATION.—Nothing in this section shall be construed to
prohibit any person in subsection (a) from requiring the temporary
surrender of a firearm as a condition for entry into any mode of
transportation used for rescue or evacuation during a major disAugust 30, 2019
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Sec. 706
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY...
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aster or emergency, provided that such temporarily surrendered
firearm is returned at the completion of such rescue or evacuation.
(c) PRIVATE RIGHTS OF ACTION.—
(1) IN GENERAL.—Any individual aggrieved by a violation
of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person
who subjects such individual, or causes such individual to be
subjected, to the deprivation of any of the rights, privileges, or
immunities secured by this section.
(2) REMEDIES.—In addition to any existing remedy in law
or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may
bring an action for return of such firearm in the United States
district court in the district in which that individual resides or
in which such firearm may be found.
(3) ATTORNEY FEES.—In any action or proceeding to enforce this section, the court shall award the prevailing party,
other than the United States, a reasonable attorney’s fee as
part of the costs.
ø42 U.S.C. 5207¿
August 30, 2019
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As Amended Through P.L. 116-48, Enacted August 22, 2019
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| File Type | application/pdf |
| File Modified | 2019-09-01 |
| File Created | 2019-08-30 |