Stafford Act

Stafford Act, as Amended, and
Related Authorities
Homeland Security Act, as amended (Emergency Management-related Provisions)

FEMA P-592, May 2019

Robert T. Stafford Disaster Relief and Emergency Assistance Act,
Public Law 93-288, as amended,
42 U.S.C. 5121 et seq., and Related Authorities
United States Code, Title 42. The Public Health and Welfare, Chapter 68. Disaster Relief
NOTE: Non-Stafford Act sections appear in U.S. Code sequence for convenience.

Title I – Findings, Declarations and Definitions
Sec. 101.
Congressional Findings and Declarations (42 U.S.C. 5121)................................1
Sec. 102.
Definitions (42 U.S.C. 5122)....................................................................................1
Sec. 103.
References (42 U.S.C. 5123)....................................................................................3
Title II – Disaster Preparedness and Mitigation Assistance
Sec. 201.
Federal and State Disaster Preparedness Programs (42 U.S.C. 5131).................4
Sec. 202.
Disaster Warnings (42 U.S.C. 5132).......................................................................5
Sec. 203.
Predisaster Hazard Mitigation (42 U.S.C. 5133)...................................................5
Sec. 204.
Interagency Task Force (42 U.S.C. 5134).............................................................10
Title III – Major Disaster and Emergency Assistance Administration
Sec. 301.
Waiver of Administrative Conditions (42 U.S.C. 5141).....................................11
Sec. 302.
Coordinating Officers (42 U.S.C. 5143)...............................................................11
Sec. 303.
Emergency Support and Response Teams (42 U.S.C. 5144)..............................11
Sec. 304.
Reimbursement of Federal Agencies (42 U.S.C. 5147).......................................12
Sec. 305.
Nonliability of Federal Government (42 U.S.C. 5148).......................................12
Sec. 306.
Performance of Services (42 U.S.C. 5149)...........................................................13
Sec. 307.
Use of Local Firms and Individuals (42 U.S.C. 5150).........................................13
Sec. 308.
Nondiscrimination in Disaster Assistance (42 U.S.C. 5151).............................14
Sec. 309.
Use and Coordination of Relief Organizations (42 U.S.C. 5152)......................14
Sec. 310.
Priority to Certain Applications for Public Facility and

Public Housing Assistance (42 U.S.C. 5153).......................................................15
Sec. 311.
Insurance (42 U.S.C. 5154)....................................................................................15
--
Prohibited Flood Disaster Assistance (42 U.S.C. 5154a)....................................16
Sec. 312.
Duplication of Benefits (42 U.S.C. 5155).............................................................17
Sec. 313.
Standards and Reviews (42 U.S.C. 5156).............................................................19
Sec. 314.
Penalties (42 U.S.C. 5157)......................................................................................19
Sec. 315.
Availability of Materials (42 U.S.C. 5158)............................................................19
Sec. 316.
Protection of Environment (42 U.S.C. 5159).......................................................19
Sec. 317.
Recovery of Assistance (42 U.S.C. 5160).............................................................20
Sec. 318.
Audits and Investigations (42 U.S.C. 5161).........................................................20
Sec. 319.
Advance of Non-Federal Share (42 U.S.C. 5162)................................................20
Sec. 320.
Limitation on Use of Sliding Scales (42 U.S.C. 5163).........................................21
Sec. 321.
Rules and Regulations (42 U.S.C. 5164)...............................................................21
Sec. 322.
Mitigation Planning (42 U.S.C. 5165)..................................................................21
i

Sec. 323.

Sec. 324.
Sec. 325.

Sec. 326.
Sec. 327.

Minimum Standards for Public and
Private Structures (42 U.S.C. 5165a)....................................................................22
Management Costs (42 U.S.C. 5165b).................................................................22
Public Notice, Comment, and
Consultation Requirements (42 U.S.C. 5165c)....................................................23
Designation of Small State and Rural Advocate (42 U.S.C. 5165d)..................24
National Urban Search and Rescue Response System (42 U.S.C. 5165f).........24

Title IV – Major Disaster Assistance Programs
Sec. 401.
Procedure for Declaration (42 U.S.C. 5170)........................................................29
Sec. 402.
General Federal Assistance (42 U.S.C. 5170a)....................................................30
Sec. 403.
Essential Assistance (42 U.S.C. 5170b)................................................................30
Sec. 404.
Hazard Mitigation (42 U.S.C. 5170c)...................................................................33
Sec. 405.
Federal Facilities (42 U.S.C. 5171)........................................................................36
Sec. 406.
Repair, Restoration, and Replacement

of Damaged Facilities (42 U.S.C. 5172)................................................................37
Sec. 407.
Debris Removal (42 U.S.C. 5173).........................................................................44
Sec. 408.
Federal Assistance to Individuals and Households (42 U.S.C. 5174)...............44
Sec. 410.
Unemployment Assistance (42 U.S.C. 5177).......................................................53
--
Emergency Grants to Assist Low-Income Migrant

and Seasonal Farmworkers (42 U.S.C. 5177a).....................................................53
Sec. 412.
Benefits and Distribution (42 U.S.C. 5179).........................................................54
Sec. 413.
Food Commodities (42 U.S.C. 5180)...................................................................54
Sec. 414.
Relocation Assistance (42 U.S.C. 5181)...............................................................54
Sec. 415.
Legal Services (42 U.S.C. 5182).............................................................................55
Sec. 416.
Crisis Counseling Assistance and Training (42 U.S.C. 5183)............................55
Sec. 417.
Community Disaster Loans (42 U.S.C. 5184).....................................................55
Sec. 418.
Emergency Communications (42 U.S.C. 5185)..................................................56
Sec. 419.
Emergency Public Transportation (42 U.S.C. 5186)...........................................56
Sec. 420.
Fire Management Assistance (42 U.S.C. 5187)...................................................56
Sec. 421. Timber Sale Contracts (42 U.S.C. 5188)..............................................................56
Sec. 422.
Simplified Procedure (42 U.S.C. 5189).................................................................57
Sec. 423.
Appeals of Assistance Decisions (42 U.S.C. 5189a)............................................58
Sec. 424.
Date of Eligibility; Expenses Incurred Before

Date of Disaster (42 U.S.C. 5189b).......................................................................59
Sec. 425.
Transportation Assistance to Individuals

and Households (42 U.S.C. 5189c).......................................................................59
Sec. 426.
Case Management Services (42 U.S.C. 5189d)....................................................59
Sec. 427.
Essential Service Providers (42 U.S.C. 5189e).....................................................59
Sec. 428.
Public Assistance Program Alternative Procedures (42 U.S.C. 5189f).............60
Sec. 429.
Unified Federal Review (42 U.S.C. 5189g)...........................................................63
Sec. 430.
Agency Accountability (42 U.S.C. 5189h)...........................................................63

ii

Title V – Emergency Assistance Programs
Sec. 501.
Procedure for Declaration (42 U.S.C. 5191)........................................................68
Sec. 502.
Federal Emergency Assistance (42 U.S.C. 5192).................................................68
Sec. 503.
Amount of Assistance (42 U.S.C. 5193)...............................................................70
Title VI – Emergency Preparedness
Sec. 601.
Declaration of Policy (42 U.S.C. 5195).................................................................71
Sec. 602.
Definitions (42 U.S.C. 5195a)................................................................................71
Sec. 603.
Administration of Title (42 U.S.C. 5195b)...........................................................72
--
Critical Infrastructures Protection (42 U.S.C. 5195c)........................................72
Subtitle A—Powers and Duties
Sec. 611.
Detailed Functions or Administration (42 U.S.C. 5196)....................................74
Sec. 612.
Mutual Aid Pacts Between States

and Neighboring Counties (42 U.S.C. 5196a).....................................................78
Sec. 613.
Contributions for Personnel and

Administrative Expenses (42 U.S.C. 5196b)........................................................79
Sec. 614.
Grants for Construction of Emergency Operations Centers

(42 U.S.C. 5196c)....................................................................................................80
Sec. 615.
Use of Funds to Prepare for and Respond to Hazards

(42 U.S.C. 5196d)....................................................................................................81
--
Radiological Emergency Preparedness Fund (42 U.S.C. 5196e).......................81
Sec. 616.
Disaster Related Information Services (42 U.S.C. 5196f)..................................81
Subtitle B—General Provisions
Sec. 621.
Administrative Authority (42 U.S.C. 5197).........................................................82
Sec. 622.
Security Regulations (42 U.S.C. 5197a)................................................................83
Sec. 623.
Use of Existing Facilities (42 U.S.C. 5197b).........................................................84
Sec. 624.
Annual Report to Congress (42 U.S.C. 5197c)....................................................85
Sec. 625.
Applicability of Subchapter (42 U.S.C. 5197d)....................................................85
Sec. 626.
Authorization of Appropriations and Transfers of Funds

(42 U.S.C. 5197e)....................................................................................................85
Sec. 627.
Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f).................................85
Sec. 628.
Federal Bureau of Investigation (42 U.S.C. 5197g).............................................85
Title VII – Miscellaneous
Sec. 701.
Rules and Regulations (42 U.S.C. 5201)...............................................................86
--
Insular Areas Disaster Survival and Recovery;

Definitions (42 U.S.C. 5204)..................................................................................86
--
Technical Assistance for Insular Areas (42 U.S.C. 5204b).................................86
Sec. 705.
Disaster Grant Closeout Procedures (42 U.S.C. 5205).......................................87
--
Buy American (42 U.S.C. 5206)............................................................................88
Sec. 706
Firearms Policies (42 U.S.C. 5207)...................................................................... 89

iii

Miscellaneous Statutory Provisions that Relate to the Stafford Act
Title 6 United States Code
Sec. 101.
Definitions...............................................................................................................90
Sec. 111.
Executive department; mission.............................................................................91
Sec. 112.
Secretary; functions................................................................................................91
Sec. 113.
Other officers...........................................................................................................93
Sec. 238.
Office for Domestic Preparedness........................................................................94
Sec. 311.
Definitions...............................................................................................................95
Sec. 312.
Definition................................................................................................................96
Sec. 313.
Federal Emergency Management Agency...........................................................96
Sec. 314.
Authority and responsibilities...............................................................................98
Sec. 314a. FEMA Programs.................................................................................................. 100
Sec. 315.
Functions transferred.......................................................................................... 100
Sec. 316.
Preserving the Federal Emergency Management Agency.............................. 100
Sec. 317.
Regional offices.................................................................................................... 101
Sec. 318.
National Advisory Council................................................................................. 103
Sec. 319.
National Integration Center............................................................................... 105
Sec. 320.
Credentialing and typing.................................................................................... 106
Sec. 321.
National Infrastructure Simulation and Analysis Center............................... 107
Sec. 321a. Evacuation plans and exercises.......................................................................... 108
Sec. 321b. Disability Coordinator........................................................................................ 109
Sec. 321c. Department and Agency officials...................................................................... 110
Sec. 321d. National Operations Center............................................................................... 110
Sec. 321e. Chief Medical Officer.......................................................................................... 110
Sec. 321f. Nuclear incident response.................................................................................. 111
Sec. 321g. Conduct of certain public health-related activities.......................................... 111
Sec. 321h. Use of national private sector networks in emergency response................... 112
Sec. 321i. Use of commercially available technology, goods, and services..................... 112
Sec. 321j. Procurement of security countermeasures for

Strategic National Stockpile................................................................................ 112
Sec. 321k. Model standards and guidelines for critical infrastructure workers.............. 113
Sec. 321l. Guidance and recommendations....................................................................... 113
Sec. 321m. Voluntary private sector preparedness accreditation and

certification program.......................................................................................... 114
Sec. 321n. Acceptance of gifts............................................................................................... 119
Sec. 347.
Quadrennial homeland security review............................................................ 120
Sec. 462.
Office of National Capital Region Coordination.............................................. 122
Sec. 466.
Sense of Congress reaffirming the continued importance and

applicability of the Posse Comitatus Act........................................................... 123
Sec. 470.
Disclosures regarding homeland security grants............................................. 123
Sec. 526.
Integrated Public Alert and Warning System Modernization........................ 124
Sec. 571.
Office of Emergency Communications............................................................. 126
Sec. 579.
Interoperable Emergency Communications Grant Program......................... 127

iv

Sec. 601.
Sec. 603.
Sec. 604.
Sec. 605.
Sec. 606.
Sec. 607.
Sec. 608.
Sec. 609.
Sec. 611.
Sec. 612.
Sec. 613.

Sec. 701.
Sec. 711.
Sec. 721.
Sec. 722.
Sec. 723.
Sec. 724.
Sec. 725.
Sec. 726.
Sec. 727.
Sec. 728.
Sec. 741.
Sec. 742.
Sec. 743.
Sec. 744.
Sec. 745.
Sec. 746.
Sec. 747.
Sec. 748.
Sec. 749.
Sec. 750.
Sec. 751.
Sec. 752.
Sec. 753.
Sec. 754.
Sec. 761.
Sec. 762.
Sec. 763.
Sec. 764.
Sec. 771.
Sec. 772.
Sec. 773.
Sec. 774.

Definitions............................................................................................................ 130
Homeland security grant programs................................................................... 132
Urban Area Security Initiative........................................................................... 133
State Homeland Security Grant Program......................................................... 136
Grants to directly eligible tribes......................................................................... 138
Terrorism prevention.......................................................................................... 139
Prioritization........................................................................................................ 141
Use of funds.......................................................................................................... 142
Administration and coordination...................................................................... 145
Accountability...................................................................................................... 147
Identification of reporting redundancies and development
of performance metrics....................................................................................... 150
Definitions............................................................................................................ 151
Surge Capacity Force........................................................................................... 152
Evacuation preparedness technical assistance................................................. 153
Urban Search and Rescue Response System..................................................... 153
Metropolitan Medical Response Grant Program............................................. 153
Logistics................................................................................................................ 154
Prepositioned equipment program.................................................................... 154
Basic life supporting first aid and education.................................................... 154
Improvements to information technology systems......................................... 154
Disclosure of certain information to law enforcement agencies.................... 155
Definitions............................................................................................................ 155
National preparedness......................................................................................... 156
National preparedness goal................................................................................ 156
Establishment of national preparedness system............................................... 156
National planning scenarios............................................................................... 156
Target capabilities and preparedness priorities................................................ 157
Equipment and training standards.................................................................... 157
Training and exercises......................................................................................... 158
Comprehensive assessment system................................................................... 159
Remedial action management program............................................................ 160
Federal response capability inventory............................................................... 160
Reporting requirements...................................................................................... 161
Federal preparedness........................................................................................... 162
Use of existing resources..................................................................................... 164
Emergency Management Assistance Compact grants.................................... 164
Emergency management performance grants program................................. 165
Transfer of Noble Training Center..................................................................... 166
National exercise simulation center................................................................... 166
National Disaster Recovery Strategy................................................................. 166
National Disaster Housing Strategy.................................................................. 167
Individuals with disabilities guidelines............................................................. 168
Reunification........................................................................................................ 168

v

Sec. 775.
Sec. 776.
Sec. 777.
Sec. 791.
Sec. 792.
Sec. 793.
Sec. 794.
Sec. 795.
Sec. 796.
Sec. 797.
Sec. 811.
Sec. 1102.

National Emergency Family Registry and Locator System............................. 170
Individuals and households pilot program....................................................... 170
Public assistance pilot program......................................................................... 170
Advance contracting........................................................................................... 170
Limitations on tiering of subcontractors.......................................................... 171
Oversight and accountability of Federal disaster expenditures...................... 171
Limitation on length of certain noncompetitive contracts............................. 173
Fraud, waste, and abuse controls....................................................................... 173
Registry of disaster response contractors......................................................... 173
Fraud prevention training program................................................................... 174
Authorization of appropriations........................................................................ 174
National Domestic Preparedness Consortium................................................. 175

42 U.S.C. § 5195 note
Executive Order 12148, Federal Emergency Management.................................................... 175
Table of Additional FEMA Authorities.................................................................................... 180

vi

PAGE INTENTIONALLY BLANK

vii

PAGE INTENTIONALLY BLANK

viii

STAFFORD ACT > TITLE I > §§ 101-102

Title I – Findings, Declarations and Definitions
Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121)
(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;

(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[.]

Sec. 102. Definitions (42 U.S.C. 5122)
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

1

STAFFORD ACT > TITLE I > § 102

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 defined 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.

2

STAFFORD ACT > TITLE I > §§ 102-103

(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), centerbased 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 this definition because leadership or
membership in the organization operating the house of worship is limited to
persons who share a religious faith or practice.

(12) C
 hief Executive - The term “Chief Executive” means the person who is the Chief,
Chairman, Governor, President, or similar executive official of an Indian tribal
government.

Sec. 103. References (42 U.S.C. 5123)
Except as otherwise specifically provided, any reference in this chapter 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
5172(d)(3) and 5184 of this title [Section 406(d)(3) and Section 417] is deemed to refer also
to Indian tribal governments and officials, as appropriate.

* The addition of “center-based childcare” to the definition has an effective date of Oct. 5, 2018.

3

STAFFORD ACT > TITLE II > § 201

Title II -- Disaster Preparedness and Mitigation Assistance
Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131)
(a) 
Utilization of Services of Other Agencies - The President is authorized to establish a
program of disaster preparedness that utilizes services of all appropriate agencies and
includes

(1) preparation of disaster preparedness plans for mitigation, warning, emergency
operations, rehabilitation, and recovery;

(2) training and exercises;

(3) postdisaster critiques and evaluations;

(4) annual review of programs;

(5) coordination of Federal, State, and local preparedness programs;

(6) application of science and technology;

(7) research.

(b) Technical Assistance for the Development of Plans and Programs - The President
shall provide technical assistance to the States in developing comprehensive plans and
practicable programs for preparation against disasters, including hazard reduction,
avoidance, and mitigation; for assistance to individuals, businesses, and State and local
governments following such disasters; and for recovery of damages or destroyed public
and private facilities.
(c) 
Grants to States for Development of Plans and Programs - Upon application by a
State, the President is authorized to make grants, not to exceed in the aggregate to such
State $250,000, for the development of plans, programs, and capabilities for disaster
preparedness and prevention. Such grants shall be applied for within one year from
May 22, 1974. Any State desiring financial assistance under this section shall designate
or create an agency to plan and administer such a disaster preparedness program, and
shall, through such agency, submit a State plan to the President, which shall—

(1) set forth a comprehensive and detailed State program for preparation against and
assistance following, emergencies and major disasters, including provisions for
assistance to individuals, businesses, and local governments; and

(2) include provisions for appointment and training of appropriate staffs, formulation
of necessary regulations and procedures and conduct of required exercises.

(d) 
Grants for Improvement, Maintenance, and Updating of State Plans - The President
is authorized to make grants not to exceed 50 per centum of the cost of improving,
maintaining and updating State disaster assistance plans, including evaluations
of natural 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.

4

STAFFORD ACT > TITLE II > §§ 202-203

Sec. 202. Disaster Warnings (42 U.S.C. 5132)
(a) 
Readiness of Federal Agencies to Issue Warnings to State and Local Officials The President shall insure that all appropriate Federal agencies are prepared to issue
warnings of disasters to State and local officials.
(b) 
Technical Assistance to State and Local Governments for Effective Warnings - The
President shall direct appropriate Federal agencies to provide technical assistance to
State and local governments to insure that timely and effective disaster warning is
provided.
(c) 
Warnings to Governmental Authorities and Public Endangered by Disaster - The
President is authorized to utilize or to make available to Federal, State, and local
agencies the facilities of the civil defense communications system established and
maintained pursuant to section 5196(c) of this title [Section 611(c)] or any other
Federal communications system for the purpose of providing warning to governmental
authorities and the civilian population in areas endangered by disasters.
(d) 
Agreements with Commercial Communications Systems for Use of Facilities - The
President is authorized to enter into agreements with the officers or agents of any
private or commercial communications systems who volunteer the use of their systems
on a reimbursable or nonreimbursable basis for the purpose of providing warning to
governmental authorities and the civilian population endangered by disasters.
Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133)
(a) D
 efinition 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) E
 stablishment 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) of this section (referred
to in this section as the “Fund”), may provide technical and financial assistance to the
State or local government to be used in accordance with subsection (e) of this section.
(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.

5

STAFFORD ACT > TITLE II > § 203

(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) of
this section.
(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) of this section, 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 hazardresistant 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.

(2) 
Dissemination - A State or local government may use not more than 10 percent
6

STAFFORD ACT > TITLE II > § 203

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 or -

(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 by 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 be carried out using the
technical and financial assistance contribute to the mitigation goals and priorities
established by the State;

(5) the extent to which the technical and financial assistance is consistent with other
7

STAFFORD ACT > TITLE II > § 203

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
5165 of this title [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 consensus-based 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, the estimated aggregate amount of grants for
purposes of paragraph (1) shall be determined by the President and such estimated
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,
8

STAFFORD ACT > TITLE II > § 203

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) of this section; and

(iii)
other public uses.
(k) [Expired]
(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
to an entity, or targeted to a specific State, locality, or Congressional 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 [FEMA] shall submit to
Congress a certification regarding whether all financial assistance under this
section was awarded in accordance with this section.

9

STAFFORD ACT > TITLE II > §§ 203-204

(m) 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.*
Sec. 204. Interagency Task Force (42 U.S.C. 5134)
(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 [FEMA] 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.

* The authority in subsection (m) expires on Oct. 5, 2023.

10

STAFFORD ACT > TITLE III > §§ 301-303

Title III -- Major Disaster and Emergency
Assistance Administration
Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141)
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.
Sec. 302. Coordinating Officers (42 U.S.C. 5143)
(a) 
Appointment of Federal Coordinating Officer - Immediately upon his declaration of a
major disaster or emergency, the President shall appoint a Federal coordinating officer
to operate in the affected area.
(b) 
Functions of Federal Coordinating Officer - In order to effectuate the purposes of this
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 advice or direction, except that nothing
contained in this Act shall limit or in any way affect the responsibilities of the
American National Red Cross under chapter 3001 of title 36; 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) 
State Coordinating Officer - When the President determines assistance under this Act
is necessary, he shall request that the Governor of the affected State designate a State
coordinating officer for the purpose of coordinating State and local disaster assistance
efforts with those of the Federal Government.
(d) 
Single Federal Coordinating Officer for Multi-state Area - 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.
Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144)
(a) E
 mergency 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.
11

STAFFORD ACT > TITLE III > §§ 303-305

Such emergency support teams shall assist the Federal coordinating officer in carrying
out his responsibilities pursuant to this Act. Upon request of the President, the head of
any Federal agency is directed to detail to temporary duty with the emergency support
teams on either a reimbursable or nonreimbursable basis, as is determined necessary
by the President, such personnel within the administrative jurisdiction of the head of
the Federal agency as the President may need or believe to be useful for carrying out
the functions of the emergency support teams, each such detail to be without loss of
seniority, pay, or other employee status.
(b) Emergency Response Teams

(1) 
Establishment - In carrying out subsection (a), the President, acting through the
Administrator of [FEMA], shall establish-

(A) at a minimum 3 national response teams; and

(B) sufficient regional response teams, including Regional Office strike teams
under [6 U.S.C. § 317]; 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 [6 U.S.C.
§ 746(a)], 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 [6
U.S.C. § 752(a)].

Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147)
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.
Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148)
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.

12

STAFFORD ACT > TITLE III > §§ 305-307

Sec. 306. Performance of Services (42 U.S.C. 5149)
(a) 
Utilization of Services or Facilities of State and Local Governments - In carrying
out the purposes of this Act, any Federal agency is authorized to accept and utilize
the services or facilities of any State or local government, or of any agency, office, or
employee thereof, with the consent of such government.
(b) 
Appointment of Temporary Personnel, Experts, and Consultants; Acquisition, Rental,
or Hire of Equipment, Services, Materials and Supplies - In performing any services
under this Act, any Federal agency is authorized

(1) to appoint and fix the compensation of such temporary personnel as may be
necessary, without regard to the provisions of title 5 governing appointments in
competitive service;

(2) to employ experts and consultants in accordance with the provisions of section
3109 of such title, without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and General Schedule pay
rates; and

(3) to incur obligations on behalf of the United States by contract or otherwise for
the acquisition, rental, or hire of equipment, services, materials, and supplies
for shipping, drayage, travel, and communications, and for the supervision and
administration of such activities. Such obligations, including obligations arising
out of the temporary employment of additional personnel, may be incurred by an
agency in such amount as may be made available to it by the President.

(c) The Administrator of [FEMA] is authorized to appoint temporary personnel, after
serving continuously for 3 years, to positions in [FEMA] 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.
Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150)
(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 section 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.

13

STAFFORD ACT > TITLE III > §§ 307-309

(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) 
Formation of Requirements – The head of a Federal agency, as feasible and
practicable, shall formulate appropriate requirements to facilitate compliance with
this section.

(c) P
 rior 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.
Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151)
(a) Regulations for Equitable and Impartial Relief Operations - The President shall issue,
and may alter and amend, such regulations as may be necessary for the guidance of
personnel carrying out Federal assistance functions at the site of a major disaster or
emergency. Such regulations shall include provisions for insuring that the distribution
of supplies, the processing of applications, and other relief and assistance activities shall
be accomplished in an equitable and impartial manner, without discrimination on the
grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or
economic status.
(b) Compliance with Regulations as Prerequisite to Participation by Other Bodies in Relief
Operations - As a condition of participation in the distribution of assistance or supplies
under this 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.
Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152)
(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, the Mennonite Disaster Service, long-term recovery groups, domestic
hunger relief, and other relief, or disaster assistance organizations, in the distribution
of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or
14

STAFFORD ACT > TITLE III > §§ 309-311

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.
Sec. 310. Priority to Certain Applications for Public Facility and Public Housing
Assistance (42 U.S.C. 5153)
(a) 
Priority - In the processing of applications for assistance, priority and immediate
consideration shall be given by the head of the appropriate Federal agency, during such
period as the President shall prescribe, to applications from public bodies situated in
areas affected by major disasters under the following Acts:

(1) The United States Housing Act of 1937 [42 U.S.C. § 1437 et seq.] for the provision
of low-income housing.

(2) [4o U.S.C. §§] 3502 to 3505 for assistance in public works planning.

(3) The Community Development Block Grant Program under title I of the Housing
and Community Development Act of 1974 [42 U.S.C. § 5301 et seq.].

(4) [7 U.S.C. §] 1926.

(5) The Public Works and Economic Development Act of 1965 [42 U.S.C. § 3121 et
seq.].

(6) Subtitle IV of title 40.

(7) The Federal Water Pollution Control Act [33 U.S.C. § 1251 et seq].

(b) Obligation of Certain Discretionary Funds - In the obligation of discretionary funds or
funds which are not allocated among the States or political subdivisions of a State, the
Secretary of Housing and Urban Development and the Secretary of Commerce shall
give priority to applications for projects for major disaster areas.
Sec. 311. Insurance (42 U.S.C. 5154)
(a) Applicants for Replacement of Damaged Facilities (1)
Compliance with Certain Regulations - An applicant for assistance under section
5172 of this title [Section 406] (relating to repair, restoration, and replacement of
damaged facilities), section 5189 of this title [Section 422] (relating to simplified
procedure) or section 3149(c)(2) of this title shall comply with regulations
prescribed by the President to assure that, with respect to any property to be
replaced, restored, repaired, or constructed with such assistance, such types
15

STAFFORD ACT > TITLE III > § 311, 42 U.S.C. § 5154a

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 5172 of this title
[Section 406] (relating to repair, restoration, and replacement of damaged facilities),
section 5189 of this title [Section 422] (relating to simplified procedure), or section
3149(c)(2) of this title 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 5141 of this title [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 5172 or 5189 of this title [Section 406
or 422] or section 3149(c)(2) of this title) or subsequently and accompanied by a plan
for self-insurance which is satisfactory to the President, shall be deemed compliance
with subsection (a). No such self-insurer may receive assistance under section 5172
or 5189 of this title [Section 406 or 422] 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.
Prohibited Flood Disaster Assistance (42 U.S.C. 5154a)*
(a) 
General Prohibition - Notwithstanding any other provision of law, no Federal
disaster relief assistance made available in a flood disaster area may be used to make a
payment (including any loan assistance payment) to a person for repair, replacement,
or restoration for damage to any personal, residential, or commercial property if that
person at any time has received flood disaster assistance that was conditional on
the person first having obtained flood insurance under applicable Federal law and
subsequently having failed to obtain and maintain flood insurance as required under
applicable Federal law on such property.
(b) Transfer of Property

(1) 
Duty to Notify - In the event of the transfer of any property described in
paragraph (3), the transferor shall, not later than the date on which such transfer
occurs, notify the transferee in writing of the requirements to -

(A) obtain flood insurance in accordance with applicable Federal law with
respect to such property, if the property is not so insured as of the date on
which the property is transferred; and

(B) maintain flood insurance in accordance with applicable Federal law with
respect to such property. Such written notification shall be contained in
documents evidencing the transfer of ownership of the property.

* This section enacted by Sec. 582 of the National Flood Insurance Reform Act of 1994.

16

STAFFORD ACT > TITLE III > 42 U.S.C. § 5154a, § 312

(2) 
Failure to Notify - If a transferor described in paragraph (1) fails to make a
notification in accordance with such paragraph and, subsequent to the transfer of
the property -

(A) the transferee fails to obtain or maintain flood insurance in accordance with
applicable Federal law with respect to the property,

(B) the property is damaged by a flood disaster, and

(C) Federal disaster relief assistance is provided for the repair, replacement, or
restoration of the property as a result of such damage, the transferor shall be
required to reimburse the Federal Government in an amount equal to the
amount of the Federal disaster relief assistance provided with respect to the
property.

(3) 
Property Described - For purposes of paragraph (1), a property is described in this
paragraph if it is personal, commercial, or residential property for which Federal
disaster relief assistance made available in a flood disaster area has been provided,
prior to the date on which the property is transferred, for repair, replacement,
or restoration of the property, if such assistance was conditioned upon obtaining
flood insurance in accordance with applicable Federal law with respect to such
property.

(c) [Omitted]*
(d) 
“Flood Disaster Area” Defined - For purposes of this section, the term “flood disaster
area” means an area with respect to which

(1) the Secretary of Agriculture finds, or has found, to have been substantially affected
by a natural disaster in the United States pursuant to [7 U.S.C. § 1961(a)]; or

(2) the President declares, or has declared, the existence of a major disaster or
emergency pursuant to the [Stafford Act] (42 U.S.C. 5121 et seq.), as a result of
flood conditions existing in or affecting that area.

(e) 
Effective Date - This section and the amendments made by this section shall apply to
disasters declared after September 23, 1994.
Sec. 312. Duplication of Benefits (42 U.S.C. 5155)
(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

* Amended Flood Disaster Protection Act (42 U.S.C 4012a(a)) to state requirement to maintain flood
insurance exists for the life of the property, regardless of transfer of ownership.

17

STAFFORD ACT > TITLE III > § 312

assistance to the agency providing the Federal assistance.

(2) 
Procedures - The President shall establish such procedures as the President
considers necessary to ensure uniformity in preventing duplication of benefits.

(3) 
Effect of Partial Benefits - Receipt of partial benefits for a major disaster or
emergency shall not preclude provision of additional Federal assistance for any
part of a loss or need for which benefits have not been provided.

(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 [FEMA] 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, 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.
* The Disaster Recovery Reform Act (DRRA), Div. D of Pub. L. 115-254 § 1210 (2018). Sec. 1210 of
DRRA provides that paragraph 312(b)(4) is effective for declarations between Jan. 1, 2016 to Dec.
31, 2021. It does not apply to sections 406 and 408 of the Stafford Act.

18

STAFFORD ACT > TITLE III > §§ 313-315

Sec. 313. Standards and Reviews (42 U.S.C. 5156)
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.
Sec. 314. Penalties (42 U.S.C. 5157)
(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.
Sec. 315. Availability of Materials (42 U.S.C. 5158)
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.
Sec. 316. Protection of Environment (42 U.S.C. 5159)
An action which is taken or assistance which is provided pursuant to section 5170a, 5170b,
5172, 5173, or 5192 of this title [Section 402, 403, 406, 407, or 502], including such assistance
provided pursuant to the procedures provided for in section 5189 of this title [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
19

STAFFORD ACT > TITLE III > §§ 316-319

of the human environment within the meaning of the National Environmental Policy Act of
1969 (83 Stat. 852) [42 U.S.C. §4321 et seq.]. Nothing in this section shall alter or affect the
applicability of the National Environmental Policy Act of 1969 [42 U.S.C. §4321 et seq.] to
other Federal actions taken under this Act or under any other provisions of law.
Sec. 317. Recovery of Assistance (42 U.S.C. 5160)
(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.
Sec. 318. Audits and Investigations (42 U.S.C. 5161)
(a) 
In General - Subject to the provisions of chapter 75 of title 31, relating to requirements
for single audits, the President shall conduct audits and investigations as necessary
to assure compliance with this 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.
Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162)
(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—

(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
20

STAFFORD ACT > TITLE III > §§ 319-322

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.
Sec. 320. Limitation on Use of Sliding Scales (42 U.S.C. 5163)
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.
Sec. 321. Rules and Regulations (42 U.S.C. 5164)
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.
Sec. 322. Mitigation Planning (42 U.S.C. 5165)
(a) 
Requirement of Mitigation Plan - As a condition of receipt of an increased Federal
share for hazard mitigation measures under subsection (e) of this section, 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;

(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 5170c of this title [Section 404]
may be used to fund the development and updating of mitigation plans under this
21

STAFFORD ACT > TITLE III > § 322-324

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 5170c of this title [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 5170c(a) of this title [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.

Sec. 323. Minimum Standards for Public and Private Structures
(42 U.S.C. 5165a)
(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.
Sec. 324. Management Costs (42 U.S.C. 5165b)
(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
22

STAFFORD ACT > TITLE III > §§ 324-325

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 [FEMA] 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.
Sec. 325. Public Notice, Comment, and Consultation Requirements
(42 U.S.C. 5165c)
(a) Public Notice and Comment Concerning New or Modified Policies

(1) 
In General - The President shall provide for public notice and opportunity for
comment before adopting any new or modified policy that -

(A) governs implementation of the public assistance program administered by
[FEMA] 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 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.
23

STAFFORD ACT > TITLE III > §§ 325-327

(c) 
Public Access - The President shall promote public access to policies governing the
implementation of the public assistance program.
Sec. 326. Designation of Small State and Rural Advocate (42 U.S.C. 5165d)
(a) In General - The President shall designate in [FEMA] 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 5170 of this title
[Section 401] and the emergency declaration process under section 5191 of
this title [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 [FEMA] considers
appropriate.

Sec. 327. National Urban Search and Rescue Response System (42 U.S.C. 5165f)
(a) Definitions - In this section, the following definitions shall apply:

(1) Administrator - The term ‘‘Administrator’’ means the Administrator of [FEMA].

(2) Agency - The term ‘‘Agency’’ means [FEMA].

(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.

(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
24

STAFFORD ACT > TITLE III > § 327

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

* Sec. 1218 of DRRA provides that “(a) IN GENERAL.—The Administrator of the Federal Emergency
Management Agency may establish one or more national veterinary emergency teams at accredited
colleges of veterinary medicine. (b) RESPONSIBILITIES.—A national veterinary emergency team shall—
(1) deploy with a team of the National Urban Search and Rescue Response System to assist with—
(A) veterinary care of canine search teams; (B) locating and treating companion animals, service
animals, livestock, and other animals; and (C) surveillance and treatment of zoonotic diseases; (2)
recruit, train, and certify veterinary professionals, including veterinary students, in accordance with
an established set of plans and standard operating guidelines to carry out the duties associated with
planning for and responding to major disasters and emergencies as described in paragraph (1); (3)
assist State governments, Indian tribal governments, local governments, and nonprofit organizations
in developing emergency management and evacuation plans that account for the care and rescue
of animals and in improving local readiness for providing veterinary medical response during an
emergency or major disaster; and (4) coordinate with the Department of Homeland Security, the
Department of Health and Human Services, the Department of Agriculture, State, local, and Indian
tribal governments (including departments of animal and human health), veterinary and health care
professionals, and volunteers.”

25

STAFFORD ACT > TITLE III > § 327

appointments under paragraph (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.
26

STAFFORD ACT > TITLE III > § 327

(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 to be preclusion by ‘‘military necessity’’
27

STAFFORD ACT > TITLE III > § 327

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
communications and personal protective equipment.

interoperable

(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.

28

Title IV -- Major Disaster Assistance Programs
Sec. 401. Procedure for Declaration (42 U.S.C. 5170)
(a) I n 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
chapter in response to a request of the Chief Executive of an affected Indian tribal
government for a major disaster declaration, any reference in this subchapter or
subchapter III (except sections 5153 and 5165d of this title [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 subchapter 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
subchapter, 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 subchapter; and

(B) The President determines that the waiver of adjustment is necessary and
appropriate.

(2) Criteria for Making Determinations – The President shall establish criteria for
making determinations under paragraph (1)(B).
29

STAFFORD ACT > TITLE IV > §§ 402-403

Sec. 402. General Federal Assistance (42 U.S.C. 5170a)
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 and 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.

Sec. 403. Essential Assistance (42 U.S.C. 5170b)
(a) 
In General - Federal agencies may on the direction of the President, provide assistance
essential to meeting immediate threats to life and property resulting from a major
disaster, as follows:

(1) 
Federal Resources, Generally - Utilizing, lending, or donating to State and
local governments Federal equipment, supplies, facilities, personnel, and other

30

STAFFORD ACT > TITLE IV > § 403

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,,* food, and other consumable supplies,
and other services and assistance to disaster victims.
(3)
Work and Services to Save Lives and Protect Property - Performing on public or
private lands or waters any work or services essential to saving lives and protecting
and preserving property or public health and safety, including (A)
debris removal;

(B) search and rescue, emergency medical care, emergency mass care, emergency
shelter, and provision of food, water, medicine durable medical equipment,
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

31

STAFFORD ACT > TITLE IV > § 403

of the State in which such incident occurred may request the President to direct
the Secretary of Defense to utilize the resources of the Department of Defense for
the purpose of performing on public and private lands any emergency work which
is made necessary by such incident and which is essential for the preservation
of life and property. If the President determines that such work is essential for
the preservation of life and property, the President shall grant such request to the
extent the President determines practicable. Such emergency work may only be
carried out for a period not to exceed 10 days.

(2) 
Rules Applicable to Debris Removal - Any removal of debris and wreckage carried
out under this subsection shall be subject to section 5173(b) of this title [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 November 23, 1988, the President shall
issue guidelines for carrying out this subsection. Such guidelines shall consider
any likely effect assistance under this subsection will have on the availability of
other forms of assistance under this Act.

(6)
Definitions - For purposes of this section­—
(A)
Department of Defense - The term “Department of Defense” has the
meaning the term “department” has under section 101 of title 10.
(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[;] or

(B) 
overtime and hazardous duty compensation for permanent employees
of the State, tribal, or local government conducting emergency protective

32

STAFFORD ACT > TITLE IV > §§ 403-404

measures under this section.

(2) Overtime - The guidelines for reimbursement for costs under paragraph (1) shall
ensure that no State, tribal, 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.).

(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.
Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)
(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 5165 of this title [Section
322] and shall be subject to approval by the President. Subject to section 5165 of this
title [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 [FEMA] may provide property
acquisition and relocation assistance for projects that meet the requirements of
paragraph (2).

(2) 
Terms and Conditions - An acquisition or relocation project shall be eligible to
receive assistance pursuant to paragraph (1) only if -

(A) the applicant for the assistance is otherwise eligible to receive assistance
under the hazard mitigation grant program established under subsection (a)
of this section; and

(B) on or after December 3, 1993, the applicant for the assistance enters

* Sec. 1210(b) of DRRA provides that “Notwithstanding section 312 of the [Stafford Act] (42 U.S.C.
5155) and its implementing regulations, assistance provided pursuant to section 404 of such Act
may be used to fund activities authorized for construction within the scope of a federally authorized
water resources development project of the Army Corps of Engineers if such activities are also
eligible activities under such section.” The provision also says that federal funding provided pursant
to this section may not exceed the total Federal share for the project. In addition, no further federal
funding shall be provided for construction of such a project constructed with funding pursuant to this
subsection.

33

STAFFORD ACT > TITLE IV > § 404

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--

(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 December 3, 1993.

(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 5165 of this
title [Section 322]; and
34

STAFFORD ACT > TITLE IV > § 404

(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.

(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 [42 U.S.C.
4321 et seq.] and historic preservation reviews under the National Historic
Preservation Act [16 U.S.C. 470 et seq.] are completed on an expeditious
basis; and

(B) the shortest existing applicable process under the National Environmental
Policy Act of 1969 [42 U.S.C. 4321 et seq.] and the National Historic
Preservation Act [16 U.S.C. 470 et seq.] 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 [FEMA], 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
35

STAFFORD ACT > TITLE IV > §§ 404-405

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 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.

Sec. 405. Federal Facilities (42 U.S.C. 5171)
(a) 
Repair, Reconstruction, Restoration, or Replacement of United States Facilities - The
President may authorize any Federal agency to repair, reconstruct, restore, or replace
any facility owned by the United States and under the jurisdiction of such agency
which is damaged or destroyed by any major disaster if he determines that such repair,
reconstruction, restoration, or replacement is of such importance and urgency that it
cannot reasonably be deferred pending the enactment of specific authorizing legislation
or the making of an appropriation for such purposes, or the obtaining of congressional
committee approval.
(b) 
Availability of Funds Appropriated to Agency for Repair, Reconstruction,
Restoration, or Replacement of Agency Facilities - In order to carry out the provisions
of this section, such repair, reconstruction, restoration, or replacement may be begun
notwithstanding a lack or an insufficiency of funds appropriated for such purpose,
where such lack or insufficiency can be remedied by the transfer, in accordance with
law, of funds appropriated to that agency for another purpose.
(c) 
Steps for Mitigation of Hazards - In implementing this section, Federal agencies
shall evaluate the natural hazards to which these facilities are exposed and shall take
appropriate action to mitigate such hazards, including safe land-use and construction
36

STAFFORD ACT > TITLE IV > §§ 405-406

practices, in accordance with standards prescribed by the President.
Sec. 406. Repair, Restoration, and Replacement of Damaged Facilities
(42 U.S.C. 5172)
(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 by a major disaster for the repair, restoration,
reconstruction, 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 [Sec. 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

(B) 
Definition

(bb) has obtained such a loan in the maximum amount for which
the Small Business Administration determines the facility is
eligible.
of

Critical Services - In this paragraph, the term “critical
37

STAFFORD ACT > TITLE IV > § 406

services” includes power, water (including water provided by an irrigation
organization or facility), sewer, wastewater treatment, communications
(including broadcasting 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.

(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

* This paragraph is not effective until FEMA issues implementing regulations.

38

STAFFORD ACT > TITLE IV > § 406

programs;

(iii) encouraging the adoption and enforcement of 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 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.

(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) of this section, 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
39

STAFFORD ACT > TITLE IV > § 406

(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 [FEMA] under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

(2)
For Private Nonprofit Facilities (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 [FEMA] 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.
40

STAFFORD ACT > TITLE IV > § 406

4001 et seq.) is damaged or destroyed, after the 180th day following November 23,
1988, by flooding in a major disaster and such facility is not covered on the date of
such flooding by flood insurance, the Federal assistance which would otherwise
be available under this section with respect to repair, restoration, reconstruction,
and replacement of such facility and associated expenses shall be reduced in
accordance with paragraph (2). 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 [Stafford 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

(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 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 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
purposes of protecting the health, safety, and general welfare of the
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
41

STAFFORD ACT > TITLE IV > § 406

(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 5189 of this
title [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.**
Note: Subsection (e)(2) is not effective until the regulations required under subsection (e)(3)
are published.
(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.
* Subsection (e)(1)(A)(iii) is not effective until FEMA issues regulations required by subsection (e)(5)(A).
** Cost estimation procedures are not effective until FEMA issues regulations required by subsection
(e)(3).

42

STAFFORD ACT > TITLE IV > § 406

(C) 
No Effect on Appeals Process - Nothing in this paragraph affects any right of
appeal under section 5189a of this title [Section 423].
(3)
Expert Panel (A) 
Establishment - Not later than 18 months after October 30, 2000, the
President, acting through the Administrator of [FEMA], 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

(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 [April 5, 2020], the President, acting through the
Administrator of [FEMA], 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 [Dec. 4, 2018], 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.
43

STAFFORD ACT > TITLE IV > §§ 406-408

(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 [Oct. 5, 2020], the Administrator shall submit to
Congress a report summarizing the regulations and guidance issued
pursuant to this paragraph.
Sec. 407. Debris Removal (42 U.S.C. 5173)
(a) 
Presidential Authority - 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

(2) to make grants to any State or local government or owner or operator of a private
non-profit facility for the purpose of removing debris or wreckage resulting from
a major disaster from publicly or privately owned lands and waters.

(b) Authorization by State or Local Government; Indemnification Agreement - No
authority under this section shall be exercised unless the affected State or local
government shall first arrange an unconditional authorization for removal of such
debris or wreckage from public and private property, and, in the case of removal of
debris or wreckage from private property, shall first agree to indemnify the Federal
Government against any claim arising from such removal.
(c) 
Rules Relating to Large Lots - The President shall issue rules which provide for
recognition of differences existing among urban, suburban, and rural lands in
implementation of this section so as to facilitate adequate removal of debris and
wreckage from large lots.
(d) 
Federal Share - The Federal share of assistance under this section shall be not less than
75 percent of the eligible cost of debris and wreckage removal carried out under this
section.
(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.

Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174)
(a) In General (1)
Provision

of

Assistance - In accordance with this section, the President, in
44

STAFFORD ACT > TITLE IV > § 408

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) of this section 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
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 * Sec. 1216 of DRRA provides debt waiver authority as follows: “(a) WAIVER AUTHORITY.—(1)
DEFINITION.—In this subsection, the term ‘‘covered assistance’’ means assistance provided—(A)
under section 408 of the [Stafford Act] (42 U.S.C. 5174); and (B) in relation to a major disaster or
emergency declared by the President under section 401 or 501, respectively, of the [Stafford Act] (42
U.S.C. 5170, 5191) on or after October 28, 2012. (2) AUTHORITY. - Notwithstanding section 3716(e)
of title 31, United States Code, the Administrator—(A) subject to subparagraph (B), may waive a debt
owed to the United States related to covered assistance provided to an individual or household if—(i)
the covered assistance was distributed based on an error by the Agency; (ii) there was no fault on
behalf of the debtor; and (iii) the collection of the debt would be against equity and good conscience;
and (B) may not waive a debt under subparagraph (A) if the debt involves fraud, the presentation of
a false claim, or misrepresentation by the debtor or any party having an interest in the claim.” This
waiver authority will not apply to any major disaster or emergency declared after the OIG publishes a
determination of excessive error rate.
Sec. 1216(b)(1) of DRRA provides “Notwithstanding [31 U.S.C. 3716(e)] and unless there is evidence
of civil or criminal fraud, the Agency may not take any action to recoup covered assistance from the
recipient of such assistance if the receipt of such assistance occurred on a date that is more than
3 years before the date on which the Agency first provides to the recipient written notification of an
intent to recoup.”

45

STAFFORD ACT > TITLE IV > § 408

(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
Housing -

Repair

of

Rental

Units

for

Temporary

(I) I
n 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

(bb) make repairs or improvements to properties under such
lease agreements, to the extent necessary to serve as safe and
adequate temporary housing.

(II) I
mprovements 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.
46

STAFFORD ACT > TITLE IV > § 408

(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 semipermanent 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.

(d) Terms and Conditions Relating to Housing Assistance (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 47

STAFFORD ACT > TITLE IV > § 408

(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 5151
of this title [Section 308]; and

(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

* Sec. 1238 of DRRA provides that, notwithstanding section 1 of the Passport Act of 1920 or any
other provision of law, the President, in consultation with the Governor of a State, may waive
document replacement fees as specified in that provision for an individual or household described
in sec. 408(e)(1). This assistance is not subject to assistance limits in sec. 408(h).

48

STAFFORD ACT > TITLE IV > § 408

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) of this section, 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) of this section.
(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) of this section.

(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);

(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

* Sec. 1211(b) of DRRA provides that FEMA shall reimburse State and local units of government
“for requests received within a period of 3 years after the declaration of a major disaster” upon a
determination that a locally implemented housing solution, implemented by State or local units of
government: (1) costs 50 percent of comparable FEMA solution or whatever the locally implemented
solution costs, whichever is lower; (2) complies with local housing regulations and ordinances; and
(3) the housing solution was implemented within 90 days of the disaster.

49

STAFFORD ACT > TITLE IV > § 408

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 disasterrelated 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.
(F) 
Applicable Laws - All Federal laws applicable to the management,
administration, or contracting of the programs by [FEMA] 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
50

STAFFORD ACT > TITLE IV > § 408

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 [FEMA] 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 [FEMA] 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 [FEMA] may waive
notice and comment rulemaking with respect to rules to carry out
this section, if the Administrator determines doing so is necessary to
expeditiously implement 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 [FEMA] shall issue final regulations to
implement this subsection as amended by [DRRA].

(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 51

STAFFORD ACT > TITLE IV > § 408

(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) of this section -

(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 accessibilityrelated 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

(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
52

STAFFORD ACT > TITLE IV > §§ 408-410, 42 U.S.C. § 5177a

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.
Sec. 410. Unemployment Assistance (42 U.S.C. 5177)
(a) 
Benefit Assistance - The President is authorized to provide to any individual unemployed
as a result of a major disaster such benefit assistance as he deems appropriate while such
individual is unemployed for the weeks of such unemployment with respect to which
the individual is not entitled to any other unemployment compensation (as that term is
defined in [the Internal Revenue Code of 1986, 26 U.S.C. § 85(b)]) or a 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.

Emergency Grants to Assist Low-Income Migrant and Seasonal Farmworkers
(42 U.S.C. 5177a)*
(a)  In General - The Secretary of Agriculture may make grants to public agencies or
private organizations with tax exempt status under section 501(c)(3) of title 26, that
have experience in providing emergency services to low-income migrant and seasonal
farmworkers where the Secretary determines that a local, State or national emergency
or disaster has caused low-income migrant or seasonal farmworkers to lose income, to
be unable to work, or to stay home or return home in anticipation of work shortages.
Emergency services to be provided with assistance received under this section may
include such types of assistance as the Secretary of Agriculture determines to be
necessary and appropriate.
(b) “Low-Income Migrant or Seasonal Farmworker” Defined - For the purposes of this
section, the term “low-income migrant or seasonal farmworker” means an individual

(1) who has, during any consecutive 12 month period within the preceding 24 month
period, performed farm work for wages;

* This section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990.

53

STAFFORD ACT > TITLE IV > 42 U.S.C. § 5177a, §§ 412-414

(2)  who has received not less than one-half of such individual’s total income, or been
employed at least one-half of total work time in farm work; and

(3) whose annual family income within the 12 month period referred to in paragraph
(1) does not exceed the higher of the poverty level or 70 percent of the lower living
standard income level.

(c)  Authorization of Appropriations - There are authorized to be appropriated such sums
as may be necessary to carry out this section.
Sec. 412. Benefits and Distribution (42 U.S.C. 5179)
(a) P
 ersons Eligible; Terms and Conditions - Whenever the President determines that, as
a result of a major disaster, low-income households are unable to purchase adequate
amounts of nutritious food, he is authorized, under such terms and conditions as he
may prescribe, to distribute through the Secretary of Agriculture or other appropriate
agencies benefit allotments to such households pursuant to the provisions of the Food
and Nutrition Act of 2008 of 1964* (P.L. 91-671; 84 Stat. 2048) [7 U.S.C. 2011 et seq.]
and to make surplus commodities available pursuant to the provisions of this Act.
(b) 
Duration of Assistance; Factors Considered - 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) 
Food and Nutrition Act Provisions Unaffected - Nothing in this section shall be
construed as amending or otherwise changing the provisions of the Food and Nutrition
Act of 2008 of 1964* [7 U.S.C. 2011 et seq.] except as they relate to the availability
of supplemental nutrition assistance program benefits in an area affected by a major
disaster.
Sec. 413. Food Commodities (42 U.S.C. 5180)
(a) 
Emergency Mass Feeding - The President is authorized and directed to assure that
adequate stocks of food will be ready and conveniently available for emergency mass
feeding or distribution in any area of the United States which suffers a major disaster or
emergency.
(b) 
Funds for Purchase of Food Commodities - The Secretary of Agriculture shall utilize
funds appropriated under section 612c of title 7, to purchase food commodities
necessary to provide adequate supplies for use in any area of the United States in the
event of a major disaster or emergency in such area.
Sec. 414. Relocation Assistance (42 U.S.C. 5181)
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) [42 U.S.C. 4601 et seq.] shall be denied such
* Typographical error in original.

54

STAFFORD ACT > TITLE IV > §§ 414-417

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.
Sec. 415. Legal Services (42 U.S.C. 5182)
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.
Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183)
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.
Sec. 417. Community Disaster Loans (42 U.S.C. 5184)
(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.

(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.

55

STAFFORD ACT > TITLE IV > §§ 418-421

Sec. 418. Emergency Communications (42 U.S.C. 5185)
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.
Sec. 419. Emergency Public Transportation (42 U.S.C. 5186)
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.
Sec. 420. Fire Management Assistance (42 U.S.C. 5187)
(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) E
 ssential Assistance - In providing assistance under this section, the President may use
the authority provided under section 5170b of this title [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.
Sec. 421. Timber Sale Contracts (42 U.S.C. 5188)
(a) 
Cost-sharing Arrangement - Where an existing timber sale contract between the
Secretary of Agriculture or the Secretary of the Interior and a timber purchaser does
not provide relief from major physical change not due to negligence of the purchaser
prior to approval of construction of any section of specified road or of any other
specified development facility and, as a result of a major disaster, a major physical
change results in additional construction work in connection with such road or facility
by such purchaser with an estimated cost, as determined by the appropriate Secretary,
(1) of more than $ 1,000 for sales under one million board feet, (2) of more than $1
per thousand board feet for sales of one to three million board feet, or (3) of more than
$3,000 for sales over three million board feet, such increased construction cost shall be
borne by the United States.
(b) 
Cancellation of Authority - If the appropriate Secretary determines that damages
are so great that restoration, reconstruction, or construction is not practical under the
cost-sharing arrangement authorized by subsection (a) of this section, he may allow
cancellation of a contract entered into by his Department notwithstanding contrary
56

STAFFORD ACT > TITLE IV > §§ 421-422

provisions therein.
(c) 
Public Notice of Sale - The Secretary of Agriculture is authorized to reduce to seven
days the minimum period of advance public notice required by section 476 of title
16* in connection with the sale of timber from national forests, whenever the Secretary
determines that (1) the sale of such timber will assist in the construction of any area of
a State damaged by a major disaster, (2) the sale of such timber will assist in sustaining
the economy of such area, or (3) the sale of such timber is necessary to salvage the value
of timber damaged in such major disaster or to protect undamaged timber.
(d) 
State Grants for Removal of Damaged Timber; Reimbursement of Expenses Limited
to Salvage Value of Removed Timber - The President, when he determines it to be
in the public interest, is authorized to make grants to any State or local government
for the purpose of removing from privately owned lands timber damaged as
a result of a major disaster, and such State or local government is authorized
upon application, to make payments out of such grants to any person for reimbursement
of expenses actually incurred by such person in the removal of damaged timber, not to
exceed the amount that such expenses exceed the salvage value of such timber.
Sec. 422. Simplified Procedure (42 U.S.C. 5189)
(a) In General - If the Federal estimate of the cost of

(1) Repairing, restoring, reconstructing, or replacing under section 5172 of this
title [Section 406] any damaged or destroyed public facility or private nonprofit
facility,

(2) emergency assistance under section 5170b or 5192 of this title [Section 403 or
502], or

(3) debris removed under section 5173 of this title [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 5170b, 5172, 5173, or 5192 of this title [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

(1) 
Report - Not later than 1 year after January 29, 2013, the President, acting through
the Administrator of [FEMA] (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
57

STAFFORD ACT > TITLE IV > §§ 422-423

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 count, without regard to chapter 5 of title 5; 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.

Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a)
(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) of this
section shall be rendered within 90 days after the date on which the Federal official
designated to administer such appeals receives notice of such appeal.
(c) 
Rules - The President shall issue rules which provide for the fair and impartial
consideration of appeals under this section.
(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.

(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

* Section 476 of Title 16 was repealed by Pub. L. 94-588, § 13, Oct. 22, 1976, 90 Stat. 2958.

58

STAFFORD ACT > TITLE IV > §§ 423-427

(B) may submit a request for arbitration after the completion of the first appeal
under subsection (a) at any time before the Administrator of [FEMA] 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.

Sec. 424. Date of Eligibility; Expenses Incurred Before Date of Disaster
(42 U.S.C. 5189b)
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.
Sec. 425. Transportation Assistance to Individuals and Households
(42 U.S.C. 5189c)
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 5170b(a)(3)
or 5192 of this title [Sections 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.
Sec. 426. Case Management Services (42 U.S.C. 5189d)
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.
Sec. 427. Essential Service Providers (42 U.S.C. 5189e)
(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) is a tower owner or operator.

(2) is -

(A) a municipal entity;
59

STAFFORD ACT > TITLE IV > §§ 427-428

(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, regulation, and policies.
Sec. 428. Public Assistance Program Alternative Procedures (42 U.S.C. 5189f)
(a) 
Approval of Projects - The President, acting through the Administrator of [FEMA], may
approve projects under the alternative procedures adopted under this section for any
major disaster or emergency declared on or after January 29, 2013. The Administrator
may also apply the alternate procedures adopted under this section to a major disaster
or emergency declared before [Jan. 29, 2013] for which construction has not begun as
[Jan. 29, 2013].
(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 5170b(a)(3)(A), 5172, 5173, and
5192(a)(5) of this title [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;

(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.
60

STAFFORD ACT > TITLE IV > § 428

(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 5172
of this title [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 5172 of this title [Section 406],
the Administrator shall make available, at an applicant’s request and where
the Administrator or the certified cost estimate 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 5172 of this title [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
61

STAFFORD ACT > TITLE IV > § 428

there is no evidence of fraud.

(2) For debris removal under sections 5170b(a)(3)(A), 5173, and 5192(a)(5) of this
title [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 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

(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 January
29, 2013, the Inspector General of the Department of Homeland Security shall
submit to the Committee on Homeland Security and Governmental Affairs of the
62

STAFFORD ACT > TITLE IV > §§ 428-430

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 facilties under section 5172 of this title [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.

Sec. 429. Unified Federal Review (42 U.S.C. 5189g)
(a) 
In General - Not later than 18 months after January 29, 2013, 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 a
applicable law.
Sec. 430. 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 [FEMA]
shall publish on the website of [FEMA] the specifics of each such grant award,
including—

(1) identifying the [FEMA] 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—
63

STAFFORD ACT > TITLE IV > § 430

(1) 
In General - Not later than 5 days after the issuance of a mission assignment or
mission assignment task order, the Administrator of [FEMA] shall publish on the
website of [FEMA] 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 [FEMA] 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 [FEMA] shall publish on the website of [FEMA] 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;

(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;
64

STAFFORD ACT > TITLE IV > § 430

(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 [FEMA] on the website of [FEMA] 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 [FEMA] shall publish on the website of [FEMA] the specifics of

* Sec. 1225 of DRRA provides, “Notwithstanding any other provision of law, [FEMA] shall not reimburse
a State or local government, an Indian tribal government [...] or the owner or operator of a private nonprofit [...] for any activities made pursuant to a contract entered into after August 1, 2017, that prohibits
the Administrator or the Comptroller General of the United States from auditing or otherwise reviewing
all aspects relating to the contract.”

65

STAFFORD ACT > TITLE IV > § 430

each contract in excess of $1,000,000 that [FEMA] 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 [FEMA] 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 [FEMA] 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 [FEMA] 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.
66

STAFFORD ACT > TITLE IV > § 430

(3) Report - Not later than 365 days after the date of enactment of this subsection, the
Administrator of [FEMA] 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 [FEMA] to collect the information described in paragraph (1).

67

STAFFORD ACT > TITLE IV, TITLE V > §§ 501-502

Title V -- Emergency Assistance Programs
Sec. 501. Procedure for Declaration (42 U.S.C. 5191)
(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 5192 of this title or section 5193 of
this title [Sections 502 or 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) of this section.
(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
subchapter in response to a request of the Chief Executive of an affected Indian
tribal government for an emergency declaration, any reference in this subchapter
or subchapter III (except sections 5153 and 5165d of this title [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 receving assistance under this subchapter 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.

Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192)
(a) Specified - In any emergency, the President may 68

STAFFORD ACT > TITLE V > § 502

(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 5173 of this
title [Section 407];

(6) provide assistance in accordance with section 5174 of this title [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) of this section
with respect to an emergency is inadequate, the President may also provide assistance
with respect to efforts to save lives, protect property and public health and safety, and
lessen or avert the threat of a catastrophe, 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.
69

STAFFORD ACT > TITLE V > § 503

Sec. 503. Amount of Assistance (42 U.S.C. 5193)
(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.

70

STAFFORD ACT > TITLE VI > §§ 601-602

Title VI -- Emergency Preparedness
Sec. 601. Declaration of policy (42 U.S.C. 5195)
The purpose of this title is to provide a system of emergency preparedness for the protection
of life and property in the United States from hazards and to vest responsibility for emergency
preparedness jointly in the Federal Government and the States and their political subdivisions.
The Congress recognizes that the organizational structure established jointly by the Federal
Government and the States and their political subdivisions for emergency preparedness
purposes can be effectively utilized to provide relief and assistance to people in areas of the
United States struck by a hazard. The Federal Government shall provide necessary direction,
coordination, and guidance, and shall provide necessary assistance, as authorized in this title
so that a comprehensive emergency preparedness system exists for all hazards.
Sec. 602. Definitions (42 U.S.C. 5195a)
(a) Definitions - For purposes of this title only:

(1) 
Hazard - The term “hazard” means an emergency or disaster resulting from–

(A) a natural disaster; or

(B) an accidental or man-caused event.

(2) 
Natural Disaster - The term “natural disaster” means any hurricane, tornado,
storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake,
volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other
catastrophe in any part of the United States which causes, or which may cause,
substantial damage or injury to civilian property or persons.

(3) 
Emergency Preparedness - The term “emergency preparedness” means all those
activities and measures designed or undertaken to prepare for or minimize the
effects of a hazard upon the civilian population, to deal with the immediate
emergency conditions which would be created by the hazard, and to effectuate
emergency repairs to, or the emergency restoration of, vital utilities and facilities
destroyed or damaged by the hazard. Such term includes the following:

(A) Measures to be undertaken in preparation for anticipated hazards (including
the establishment of appropriate organizations, operational plans, and
supporting agreements, the recruitment and training of personnel, the
conduct of research, the procurement and stockpiling of necessary materials
and supplies, the provision of suitable warning systems, the construction
or preparation of shelters, 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,
71

STAFFORD ACT > TITLE VI > §§ 602-603

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.

(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 [FEMA].

(8) 
Neighboring Countries - The term “neighboring countries” includes Canada and
Mexico.

(9) 
United States and States - The terms “United States “ and “States” includ[e] the
several States, the District of Columbia, and territories and possessions of the
United States.

(10) State - The term “State” includes interstate emergency preparedness authorities
established under section 5196(h) of this title [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 emergency preparedness
activities conducted pursuant to this title.
Sec. 603. Administration of Title (42 U.S.C. 5195b)
This title shall be carried out by the Administrator of [FEMA].
Critical Infrastructures Protection (42 U.S.C. 5195c)*
(a) 
Short Title - This section may be cited as the “Critical Infrastructures Protection Act of
2001”.
(b) Findings - Congress makes the following findings:

(1) The information revolution has transformed the conduct of business and the
operations of government as well as the infrastructure relied upon for the defense
and national security of the United States.

* This section was enacted as the Critical Infrastructures Protection Act of 2001 and also as part of
the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 or USA PATRIOT Act.

72

STAFFORD ACT > TITLE VI > 42 U.S.C. § 5195c

(2)  Private business, government, and the national security apparatus increasingly
depend on an interdependent network of critical physical and information
infrastructures, including telecommunications, energy, financial services, water,
and transportation sectors.

(3) A continuous national effort is required to ensure the reliable provision of cyber
and physical infrastructure services critical to maintaining the national defense,
continuity of government, economic prosperity, and quality of life in the United
States.

(4) This national effort requires extensive modeling and analytic capabilities for
purposes of evaluating appropriate mechanisms to ensure the stability of these
complex and interdependent systems, and to underpin policy recommendations,
so as to achieve the continuous viability and adequate protection of the critical
infrastructure of the Nation.

(c) Policy of the United States - It is the policy of the United States

(1) that any physical or virtual disruption of the operation of the critical infrastructure
of the United States be rare, brief, geographically limited in effect, manageable,
and minimally detrimental to the economy, human and government services, and
national security of the United States;

(2) that actions necessary to achieve the policy stated in paragraph (1) be carried
out in a public-private partnership involving corporate and non-governmental
organizations; and

(3) to have in place a comprehensive and effective program to ensure the continuity of
essential Federal Government functions under all circumstances.

(d) Establishment of National Competence for Critical Infrastructure Protection
(1)
Support of Critical Infrastructure Protection and Continuity by National
Infrastructure Simulation and Analysis Center - There shall be established the
National Infrastructure Simulation and Analysis Center (NISAC) to serve as a
source of national competence to address critical infrastructure protection and
continuity through support for activities related to counterterrorism, threat
assessment, and risk mitigation.

(2) Particular Support - The support provided under paragraph (1) shall include the
following:

(A) 
Modeling, simulation, and analysis of the systems comprising critical
infrastructures, including cyber infrastructure, telecommunications
infrastructure, and physical infrastructure, in order to enhance
understanding of the large-scale complexity of such systems and to facilitate
modification of such systems to mitigate the threats to such systems and to
critical infrastructure generally.

(B) Acquisition from State and local governments and the private sector of data
necessary to create and maintain models of such systems and of critical
infrastructures generally.

(C) Utilization of modeling, simulation, and analysis under subparagraph (A) to
73

STAFFORD ACT > TITLE VI > 42 U.S.C. § 5195c, § 611

provide education and training to policymakers on matters relating to

(i) the analysis conducted under that subparagraph;

(ii) the implications of unintended or unintentional disturbances to critical
infrastructures; and

(iii) 
responses to incidents or crises involving critical infrastructures,
including the continuity of government and private sector activities
through and after such incidents or crises.

(D)  Utilization of modeling, simulation, and analysis under subparagraph (A)
to provide recommendations to policymakers, and to departments and
agencies of the Federal Government and private sector persons and entities
upon request, regarding means of enhancing the stability of, and preserving,
critical infrastructures.

(3) Recipient of Certain Support - Modeling, simulation, and analysis provided
under this subsection shall be provided, in particular, to relevant Federal,
State, and local entities responsible for critical infrastructure protection
and policy.

(e) Critical Infrastructure Defined - In this section, the term “critical infrastructure”
means systems and assets, whether physical or virtual, so vital to the United States
that the incapacity or destruction of such systems and assets would have a debilitating
impact on security, national economic security, national public health or safety, or any
combination of those matters.
(f) Authorization of appropriations - There is hereby authorized for the Department of
Defense for fiscal year 2002, $20,000,000 for the Defense Threat Reduction Agency
for activities of the National Infrastructure Simulation and Analysis Center under this
section in that fiscal year.

SUBTITLE A – POWERS AND DUTIES
Sec. 611. Detailed Functions of Administration (42 U.S.C. 5196)
(a) In General - In order to carry out the policy described in section 5195 of this title
[Section 601], the Administrator shall have the authorities provided in this section.
(b) F ederal 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) D
 elegation 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
74

STAFFORD ACT > TITLE VI > § 611

and coordinate the emergency preparedness activities of the departments and agencies
with each other and with the activities of the States and neighboring countries.
(d) Communications and Warnings - The Administrator may make appropriate provision
for necessary emergency preparedness communications and for dissemination of
warnings to the civilian population of a hazard.
(e) E
 mergency 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 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 -

75

STAFFORD ACT > TITLE VI > § 611

(A) identifying and cataloging existing emergency preparedness compacts for
acts of terrorism, disasters, and emergencies at the State and local levels of
government;

(B) disseminating to State and local governments examples of best practices
in the development of emergency preparedness compacts and models of
existing emergency preparedness compacts, including agreements involving
interstate jurisdictions; and

(C) 
completing an inventory of Federal response capabilities for acts of
terrorism, disasters, and emergencies, making such inventory available to
appropriate Federal, State, and local government officials, and ensuring that
such inventory is as current and accurate as practicable.

(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 sections 3111 and 3112 of title 40.

(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,
76

STAFFORD ACT > TITLE VI > § 611

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, 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.

* This was redesignated paragraph (5) by Pub. L. 109-308, § 3(2), Oct. 6, 2006, 120 Stat. 1725.

77

STAFFORD ACT > TITLE VI > §§ 611-612

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.

(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 sections 3141-3144,
3146, and 3147 of title 40, 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 3145 of title 40.

(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 chapters 1 to 11 of title 40 and division C (except
sections 3302, 3307(e), 3501(b), 3509, 4710, and 4711) of subtitle I of title 41. Any
funds received as proceeds from the sale or other disposition of such materials and
facilities shall be deposited into the Treasury as miscellaneous receipts.
Sec. 612. Mutual Aid Pacts Between States and Neighboring Countries
(42 U.S.C. 5196a)
The 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.

78

STAFFORD ACT > TITLE VI > § 613

Sec. 613. Contributions for Personnel and Administrative Expenses
(42 U.S.C. 5196b)
(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 5196(h) of this title
[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.
(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 [Sec. 643

* Sec. 536 of PKEMRA provides “The Department of Homeland Security shall, in approving standards
for State and local emergency preparedness operational plans under section 613(b)(3) of the [Stafford
Act] (42 U.S.C. 5196b(b)(3)), account for the needs of individuals with household pets and service animals before, during, and following a major disaster or emergency: Provided, That Federal agencies may
provide assistance as described in section 403(a) of the [Stafford Act] (42 U.S.C. 5170b(a)) to carry out
the plans described in the previous proviso.”

79

STAFFORD ACT > TITLE VI > §§ 613-614

of PKEMRA, 6 USC § 743], 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[s] 5196(h) and 5197(h) of this title [Sections 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 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) Annual Reports - The Administrator shall report annually to the Congress all
contributions made pursuant to this section.*
Sec. 614. Grants for Construction of Emergency Operations Centers
(42 U.S.C. 5196c)
(a)  Grants - The Administrator of [FEMA] may make grants to States under this subchapter
for equipping, upgrading, and constructing State and local emergency operations
centers.
(b) Federal Share - Notwithstanding any other provision of this subchapter, the Federal
* Typographical error in original; two sections “(h)” have been enacted.

80

STAFFORD ACT > TITLE VI > §§ 614-616, 42 U.S.C. § 5196e

share of the cost of an activity carried out using amounts from grants made under this
section shall not exceed 75 percent.
Sec. 615. Use of Funds to Prepare for and Respond to Hazards
(42 U.S.C. 5196d)
Funds made available to the States under this 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.
Radiological Emergency Preparedness Fund (42 U.S.C. 5196e)*
There is hereby established in the Treasury a Radiological Emergency Preparedness Fund,
which shall be available under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.],
as amended, and Executive Order 12657, for offsite radiological emergency planning,
preparedness, and response. Beginning in fiscal year 1999 and thereafter, the Administrator
of [FEMA] shall promulgate through rulemaking fees to be assessed and collected,
applicable to persons subject to FEMA’s radiological emergency preparedness regulations.
The aggregate charges assessed pursuant to this section during fiscal year 1999 shall not be
less than 100 percent of the amounts anticipated by FEMA necessary for its radiological
emergency preparedness program for such fiscal year. The methodology for assessment
and collection of fees shall be fair and equitable; and shall reflect costs of providing such
services, including administrative costs of collecting such fees. Fees received pursuant to this
section shall be deposited in the Fund as offsetting collections and will become available for
authorized purposes on October 1, 1999, and remain available until expended.
Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f)
(a) 
In General - Consistent with section 5151(a) of this title [Section 308(a)], the
Administrator of [FEMA] 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.

*  This section was enacted as part of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1999.

81

STAFFORD ACT > TITLE VI > §§ 616, 621

(b) 
Group Size - For purposes of subsection (a), the Administrator of [FEMA] shall define
the size of a population group.

SUBTITLE B – GENERAL PROVISIONS
Sec. 621. Administrative Authority (42 U.S.C. 5197)
(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

(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 blankbook work from public, commercial, or private printing establishments or binderies
as the Administrator considers necessary upon orders placed by the Director of the
Government Printing Office or upon waivers issued in accordance with section 504 of
title 44.
(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

82

STAFFORD ACT > TITLE VI > §§ 621-622

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 [FEMA] 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.

Sec. 622. Security Regulations (42 U.S.C. 5197a)
(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) Limitation on Employee Access to Information - No employee of [FEMA] shall be
permitted to have access to information or property with respect to which access
restrictions have been established under this section, until it shall have been determined
that no information is contained in the files of the Federal Bureau of Investigation or
any other investigative agency of the Government indicating that such employee is of
questionable loyalty or reliability for security purposes, or if any such information is
so disclosed, until the Federal Bureau of Investigation shall have conducted a full field
investigation concerning such person and a report thereon shall have been evaluated in
writing by the Administrator.
(c) 
National Security Positions - No employee of [FEMA] 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 [FEMA]. In the
event such full field investigation by the Director of the Office of Personnel Management

83

STAFFORD ACT > TITLE VI > §§ 622-623

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
[FEMA] 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 [FEMA] for
evaluation in writing. Thereafter, the Administrator of [FEMA] 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 [FEMA] for action.
(d) 
Employee Oaths - Each Federal employee of [FEMA] acting under the authority
of this title, except the subjects of the United Kingdom and citizens of Canada
specified in section 5197(b) of this title [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______, do solemnly swear (or affirm) that I will support and defend the Constitution
of the United States against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully discharge the duties
upon which I am about to enter.
“And I do further swear (or affirm) that I do not advocate, nor am I a member or an affiliate
of any organization, group, or combination of persons that advocates the overthrow of
the Government of the United States by force or violence; and that during such time
as I am a member of ________ (name of emergency preparedness organization), I
will not advocate nor become a member or an affiliate of any organization, group, or
combination of persons that advocates the overthrow of the Government of the United
States by force or violence.”
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.
Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b)
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
84

STAFFORD ACT > TITLE VI > §§ 623-628

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.
Sec. 624. Annual Report to Congress (42 U.S.C. 5197c)
The Administrator shall annually submit a written report to the President and Congress
covering expenditures, contributions, work, and accomplishments of [FEMA] pursuant to
this title, accompanied by such recommendations as the Administrator considers appropriate.
Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d)
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.
Sec. 626. Authorization of Appropriation and Transfers of Funds
(42 U.S.C. 5197e)
(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.
Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f)
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.).
Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)
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.

85

STAFFORD ACT > TITLE VII > § 701, 42 U.S.C. §§ 5204, 5204b

Title VII -- Miscellaneous
Sec. 701. Rules and Regulations (42 U.S.C. 5201)
(a) Rules and Regulations

(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 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.
Insular Areas Disaster Survival and Recovery; Definitions (42 U.S.C. 5204)*
As used in sections 5204 to 5204c of this title

(1) the term “insular area” means any of the following: American Samoa, the Federated
States of Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands,
the Trust Territory of the Pacific Islands,** and the Virgin Islands;

(2) the term “disaster” means a declaration of a major disaster by the President after
September 1, 1989, pursuant to section 5170 of this title [Section 401]; and

(3) the term “Secretary” means the Secretary of the Interior.

Technical Assistance for Insular Areas (42 U.S.C. 5204b)***
(a) Upon the declaration by the President of a disaster in an insular area, the President, acting
through the Administrator of [FEMA], shall assess, in cooperation with the Secretary
and chief executive of such insular area, the capability of the insular government to
respond to the disaster, including the capability to assess damage; coordinate activities
with Federal agencies, particularly [FEMA]; develop recovery plans, including
recommendations for enhancing the survivability of essential infrastructure; negotiate
* This section was enacted as part of the Omnibus Insular Areas Act of 1992.
** The Trust Territory of the Pacific Islands has been terminated. See note preceding 48 U.S.C. 1681.
*** This section was enacted as part of the Omnibus Insular Areas Act of 1992.

86

STAFFORD ACT > TITLE VII > § 705, 42 U.S.C. §§ 5204b

and manage reconstruction contracts; and prevent the misuse of funds. If the President
finds that the insular government lacks any of these or other capabilities essential to the
recovery effort, then the President shall provide technical assistance to the insular area
which the President deems necessary for the recovery effort.
(b) One year following the declaration by the President of a disaster in an insular area, the
Secretary, in consultation with the Administrator of [FEMA], shall submit to the Senate
Committee on Energy and Natural Resources and the House Committee on Natural
Resources a report on the status of the recovery effort, including an audit of Federal
funds expended in the recovery effort and recommendations on how to improve public
health and safety, survivability of infrastructure, recovery efforts, and effective use of
funds in the event of future disasters.
Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205)
(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).

* Sec. 1216(c)(2) of DRRA provides that (A) “With respect to disaster or emergency assistance provided
to a State or local government on or after January 1, 2004 (i) no administrative action may be taken
to recover a payment of such assistance after [October 5, 2018] if the action is prohibited under
[this paragraph] section, and (ii) any administrative action to recover a payment of such assistance
that is pending on such date of enactment shall be terminated if the action is prohibited under [this
paragraph].” and (B) Such provision “may not be construed to invalidate or otherwise affect any
administration action completed before [October 5, 2018].”

87

STAFFORD ACT > TITLE VII > § 705

(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 [FEMA] 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 - [FEMA] shall, consistent with applicable regulations and
required procedures, meet its responsibilities to improve closeout practices and
reduce the time to close disaster program awards.
Buy American (42 U.S.C. 5206)**
(a) 
Compliance with Chapter 83 of Title 41 - No funds authorized to be
appropriated under [the Disaster Mitigation Act of 2000] or any amendment
made by this [the Disaster Mitigation Act of 2000]* may be expended by
an entity unless the entity, in expending the funds, complies with chapter 83 of title 41.
(b) Debarment of Persons Convicted of Fraudulent Use of “Made in America” Labels (1)
In General - If the Administrator of [FEMA] determines that a person has been
convicted of intentionally affixing a label bearing a “Made in America” inscription
to any product sold in or shipped to the United States that is not made in America,
the Administrator shall determine, not later than 90 days after determining that
the person has been so convicted, whether the person should be debarred from

* Sec. 1237 of DRRA provides: “Certain Recoupment Prohibited. (a) IN GENERAL.—Notwithstanding
any other provision of law, the Agency shall deem any covered disaster assistance to have been
properly procured, provided, and utilized, and shall restore any funding of covered disaster assistance
previously provided but subsequently withdrawn or deobligated. (b) COVERED DISASTER ASSISTANCE
DEFINED.—In this section, the term ‘‘covered disaster assistance’’ means assistance—(1) provided
to a local government pursuant to section 403, 406, or 407 of the [Stafford Act] (42 U.S.C. 5170b,
5172, or 5173); and (2) with respect to which the inspector general of the Department of Homeland
Security has determined, after an audit, that (A) the Agency deployed to the local government a
Technical Assistance Contractor to review field operations, provide eligibility advice, and assist with
day-to-day decisions; (B) the Technical Assistance Contractor provided inaccurate information to the
local government; and (C) the local government relied on the inaccurate information to determine
that relevant contracts were eligible, reasonable, and reimbursable.”
** This section was enacted as part of the Disaster Mitigation Act of 2000, Pub. L. No. 106-390.

88

STAFFORD ACT > TITLE VII > § 706. § 42 U.S.C. 5206

contracting under the [Stafford Act] (42 U.S.C. 5121 et seq.).

(2) 
Definition of Debar - In this subsection, the term “debar” has the meaning given
the term in section 2393(c) of title 10.

Sec. 706. Firearms Policies (42 U.S.C. 5207)
(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
disaster 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.
89

Selected Statutes > 6 U.S.C. § 101

ties, duties, and responsibilities.
(9) [Defining ‘‘intelligence component
of the Department’’]
(10) The term “key resources” means
publicly or privately controlled resources essential to the minimal operations of the economy and government.
(11) 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 in Alaska a
Native village or Alaska Regional
Native Corporation; and
(C) a rural community, unincorporated town or village, or other public
entity.
(12) The term “major disaster” has the
meaning given in section 5122(2) of
title 42.
(13) The term “personnel” means officers and employees.
(14) The term “Secretary” means the
Secretary of Homeland Security.
(15) The term “State” means any State
of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any
possession of the United States.
(16) [Defining “terrorism”]
(17)(A) The term “United States”, when
used in a geographic sense, means any

Selected statutes from
Title 6 U.S. Code—
Domestic Security
§ 101. Definitions
In this chapter, the following definitions apply:
(1) Each of the terms ‘‘American
homeland’’ and ‘‘homeland’’ means
the United States.
(2) The term ‘‘appropriate congressional committee’’ means any committee
of the House of Representatives or the
Senate having legislative or oversight
jurisdiction under the Rules of the
House of Representatives or the Senate, respectively, over the matter concerned.
(3) The term ‘‘assets’’ includes contracts, facilities, property, records,
unobligated or unexpended balances
of appropriations, and other funds or
resources (other than personnel).
(4) The term ‘‘critical infrastructure’’
has the meaning given that term in section 5195c(e) of title 42.
(5) The term ‘‘Department’’ means the
Department of Homeland Security.
(6) The term ‘‘emergency response
providers’’ includes Federal, State, and
local governmental and nongovernmental emergency public safety, fire,
law enforcement, emergency response,
emergency medical (including hospital
emergency facilities), and related personnel, agencies, and authorities.
(7) The term ‘‘executive agency’’
means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.
(8) The term ‘‘functions’’ includes
authorities, powers, rights, privileges,
immunities, programs, projects, activi90

Selected Statutes > 6 U.S.C. §§ 111-112

State of the United States, the District
of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth
of the Northern Mariana Islands, any
possession of the United States, and
any waters within the jurisdiction of
the United States.
(B) Nothing in this paragraph or any
other provision of this chapter shall
be construed to modify the definition
of “United States” for the purposes
of the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.] or any
other immigration or nationality
law.
(18) The term “voluntary preparedness
standards” means a common set of
criteria for preparedness, disaster management, emergency management, and
business continuity programs, such as
the American National Standards Institute’s National Fire Protection Association Standard on Disaster/Emergency
Management and Business Continuity
Programs (ANSI/NFPA 1600).

(D) carry out all functions of entities transferred to the Department, including by acting as a
focal point regarding natural and
manmade crises and emergency
planning;
(E) ensure that the functions of
the agencies and subdivisions
within the Department that are
not related directly to securing
the homeland are not diminished
or neglected except by a specific
explicit Act of Congress;
(F) ensure that the overall economic security of the United
States is not diminished by efforts, activities, and programs
aimed at securing the homeland;
(G) ensure that the civil rights and
civil liberties of persons are not
diminished by efforts, activities,
and programs aimed at securing
the homeland; and
(H) monitor connections between
illegal drug trafficking and terrorism, coordinate efforts to sever
such connections, and otherwise
contribute to efforts to interdict
illegal drug trafficking.
(2) [Responsibility for investigating
and prosecuting terrorism]

§111. Executive department;
mission
(a) Establishment—There is established a Department of Homeland Security, as an executive department of
the United States within the meaning
of title 5.
(b) Mission
(1) In General—The primary mission of the Department is to—
(A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the
United States to terrorism;
(C) minimize the damage, and assist in the recovery, from terrorist
attacks that do occur within the
United States;

§112. Secretary; functions
(a) Secretary
(1) In General—There is a Secretary of Homeland Security, appointed by the President, by and with the
advice and consent of the Senate.
(2) Head of Department—The Secretary is the head of the Department
and shall have direction, authority,
and control over it.
(3) Functions Vested in Secretary— All functions of all officers,
91

Selected Statutes > 6 U.S.C. § 112

employees, and organizational units
of the Department are vested in the
Secretary.
(b) Functions—The Secretary—
(1) except as otherwise provided by
this chapter, may delegate any of the
Secretary’s functions to any officer,
employee, or organizational unit of
the Department;
(2) shall have the authority to make
contracts, grants, and cooperative
agreements, and to enter into agreements with other executive agencies,
as may be necessary and proper to
carry out the Secretary’s responsibilities under this chapter or otherwise provided by law; and

(3) shall take reasonable steps to
ensure that information systems
and databases of the Department
are compatible with each other and
with appropriate databases of other
Departments.
(c) Coordination with non-Federal
entities—With respect to homeland
security, the Secretary shall coordinate
through the Office of State and Local
Coordination* (established under section 361 of this title) (including the
provision of training and equipment)
with State and local government personnel, agencies, and authorities, with
the private sector, and with other entities, including by—
(1) coordinating with State and local government personnel, agencies,
and authorities, and with the private
sector, to ensure adequate planning,
equipment, training, and exercise
activities;

(2) coordinating and, as appropriate,
consolidating, the Federal Government’s communications and systems of communications relating to
homeland security with State and local government personnel, agencies,
and authorities, the private sector,
other entities, and the public; and

(3) distributing or, as appropriate,
coordinating the distribution of,
warnings and information to State
and local government personnel,
agencies, and authorities and to the
public.
(d) [Meetings of National Security
Council]
(e) Issuance of regulations—The issuance of regulations by the Secretary
shall be governed by the provisions of
chapter 5 of title 5, except as specifically provided in this chapter, in laws
granting regulatory authorities that are
transferred by this chapter, and in laws
enacted after November 25, 2002.
(f) Special Assistant to the Secretary—The Secretary shall appoint a
Special Assistant to the Secretary who
shall be responsible for—
(1) creating and fostering strategic
communications with the private
sector to enhance the primary mission of the Department to protect the
American homeland;

(2) advising the Secretary on the
impact of the Department’s policies,
regulations, processes, and actions
on the private sector;
(3) interfacing with other relevant
Federal agencies with homeland security missions to assess the impact
of these agencies’ actions on the private sector;
(4) creating and managing private
sector advisory councils composed
of representatives of industries and

* So in original. Probably should be “Office of
State and Local Government Coordination.”

92

Selected Statutes > 6 U.S.C. §§ 112-113

associations designated by the Secretary to—
(A) advise the Secretary on private sector products, applications,
and solutions as they relate to
homeland security challenges;
(B) advise the Secretary on homeland security policies, regulations,
processes, and actions that affect
the participating industries and
associations; and
(C) advise the Secretary on private sector preparedness issues,
including effective methods
for—

(i) promoting voluntary preparedness standards to the private sector; and
(ii) assisting the private sector
in adopting voluntary preparedness standards;
(5) working with Federal laboratories,
federally funded research and development centers, other federally funded
organizations, academia, and the private sector to develop innovative approaches to address homeland security
challenges to produce and deploy the
best available technologies for homeland security missions;
(6) promoting existing public-private
partnerships and developing new public-private partnerships to provide for
collaboration and mutual support to
address homeland security challenges;
(7) assisting in the development and
promotion of private sector best practices to secure critical infrastructure;
(8) providing information to the private
sector regarding voluntary preparedness standards and the business justification for preparedness and promoting
to the private sector the adoption of
voluntary preparedness standards;
(9) coordinating industry efforts, with

respect to functions of the Department
of Homeland Security, to identify private sector resources and capabilities
that could be effective in supplementing Federal, State, and local government agency efforts to prevent or respond to a terrorist attack;
(10) coordinating with the Directorate of Border and Transportation Security and the Assistant Secretary for
Trade Development of the Department
of Commerce on issues related to the
travel and tourism industries; and
(11) consulting with the Office of State
and Local Government Coordination
and Preparedness on all matters of concern to the private sector, including the
tourism industry.
(g) [Standards policy]
§113. Other officers
(a) Deputy Secretary; Under Secretaries—There are the following officers, appointed by the President, by
and with the advice and consent of the
Senate:

[(1) to (3) Deputy Secretary of
Homeland Security, Under Secretary
for Science and Technology; Under
Secretary for Border and Transportation Security]
(4) An Administrator of the Federal
Emergency Management Agency.
[(5) to (9) Director of the Bureau of
Citizenship and Immigration Services; Under Secretary for Management; Director of the Office of
Counternarcotics
Enforcement;
Under Secretary responsible for
overseeing critical infrastructure
protection, cybersecurity, and other
related programs of the Department;
not more than 12 Assistant Secretaries]
(10) A General Counsel, who shall
93

Selected Statutes > 6 U.S.C. §§ 113, 238

be the chief legal officer of the Department.
(b) Inspector General—There shall be
in the Department an Office of Inspector General and an Inspector General
at the head of such office, as provided
in the Inspector General Act of 1978 (5
U.S.C. App.).
(c) [Commandant of the Coast Guard]
(d) [Other officers]
(e) [Chief Financial Officer]
(f) Performance of specific functions—Subject to the provisions of
this chapter, every officer of the Department shall perform the functions
specified by law for the official’s office
or prescribed by the Secretary.

(3) directing and supervising terrorism preparedness grant programs of
the Federal Government (other than
those programs administered by the
Department of Health and Human
Services) for all emergency response
providers;
(4) incorporating the Strategy priorities into planning guidance on an
agency level for the preparedness
efforts of the Office for Domestic
Preparedness;
(5) providing agency-specific training for agents and analysts within
the Department, other agencies, and
State and local agencies and international entities;

(6) as the lead executive branch
agency for preparedness of the
United States for acts of terrorism,
cooperating closely with the Federal
Emergency Management Agency,
which shall have the primary responsibility within the executive
branch to prepare for and mitigate
the effects of nonterrorist-related disasters in the United States;
(7) assisting and supporting the Secretary, in coordination with other
Directorates and entities outside the
Department, in conducting appropriate risk analysis and risk management activities of State, local, and
tribal governments consistent with
the mission and functions of the Directorate;
(8) those elements of the Office of
National Preparedness of the Federal Emergency Management Agency
which relate to terrorism, which
shall be consolidated within the Department in the Office for Domestic
Preparedness established under this
section; and
(9) helping to ensure the acquisition

§238. Office for Domestic
Preparedness
(a) In general—The Office for Domestic Preparedness shall be within the
Directorate of Border and Transportation Security.
(b) [Director]
(c) Responsibilities—The Office for
Domestic Preparedness shall have the
primary responsibility within the executive branch of Government for the
preparedness of the United States for
acts of terrorism, including—

(1) coordinating preparedness efforts at the Federal level, and working with all State, local, tribal, parish, and private sector emergency
response providers on all matters
pertaining to combating terrorism,
including training, exercises, and
equipment support;
(2) coordinating or, as appropriate,
consolidating communications and
systems of communications relating
to homeland security at all levels of
government;
94

Selected Statutes > 6 U.S.C. § 311

of interoperable communication
technology by State and local governments and emergency response
providers.
(d) [Fiscal years 2003 and 2004]

orative incident management;
(8) the term “National Response Plan”
means the National Response Plan or
any successor plan prepared under section 314(a)(6) 1 of this title;
(9) the term “Regional Administrator”
means a Regional Administrator appointed under section 317 of this title;
(10) the term “Regional Office” means
a Regional Office established under
section 317 of this title;
(11) the term “resources” means personnel and major items of equipment,
supplies, and facilities available or
potentially available for responding to
a natural disaster, act of terrorism, or
other man-made disaster;
(12) the term “surge capacity” means
the ability to rapidly and substantially increase the provision of search
and rescue capabilities, food, water,
medicine, shelter and housing, medical care, evacuation capacity, staffing
(including disaster assistance employees), and other resources necessary to save lives and protect property during a catastrophic incident;
(13) the term “tribal government”
means the government of any entity
described in section 101(11)(B) of this
title; and
(14) the terms “typed” and “typing”
mean having evaluated, or evaluating,
respectively, a resource in accordance
with standards created under section
320 of this title.

§311. Definitions
In this subchapter—
(1) the term “Administrator” means the
Administrator of the Agency;
(2) the term “Agency” means the Federal Emergency Management Agency;
(3) the term “catastrophic incident”
means any natural disaster, act of terrorism, or other man-made disaster that
results in extraordinary levels of casualties or damage or disruption severely
affecting the population (including
mass evacuations), infrastructure, environment, economy, national morale,
or government functions in an area;
(4) the terms “credentialed” and “credentialing” mean having provided, or
providing, respectively, documentation
that identifies personnel and authenticates and verifies the qualifications of
such personnel by ensuring that such
personnel possess a minimum common
level of training, experience, physical
and medical fitness, and capability appropriate for a particular position in accordance with standards created under
section 320 of this title;
(5) the term “Federal coordinating officer” means a Federal coordinating
officer as described in section 5143 of
title 42;
(6) the term “interoperable” has the
meaning given the term “interoperable
communications” under section 194(g)
(1) of this title;*
(7) the term “National Incident Management System” means a system to
enable effective, efficient, and collab-

* Section 7303(g)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
194(g)(1)).

95

Selected Statutes > 6 U.S.C. §§ 312, 313

§312. Definition

spond to, recover from, and mitigate against the risk of natural
disasters, acts of terrorism, and
other man-made disasters, including catastrophic incidents;
(B) partner with State, local, and
tribal governments and emergency response providers, with other
Federal agencies, with the private
sector, and with nongovernmental
organizations to build a national
system of emergency management that can effectively and efficiently utilize the full measure
of the Nation’s resources to respond to natural disasters, acts of
terrorism, and other man-made
disasters, including catastrophic
incidents;

(C) develop a Federal response
capability that, when necessary
and appropriate, can act effectively and rapidly to deliver assistance essential to saving lives or
protecting or preserving property
or public health and safety in a
natural disaster, act of terrorism,
or other man-made disaster;
(D) integrate the Agency’s emergency preparedness, protection,
response, recovery, and mitigation responsibilities to confront
effectively the challenges of a
natural disaster, act of terrorism,
or other man-made disaster;
(E) develop and maintain robust
Regional Offices that will work
with State, local, and tribal governments, emergency response
providers, and other appropriate
entities to identify and address regional priorities;

(F) under the leadership of the
Secretary, coordinate with the
Commandant of the Coast Guard,
the Director of Customs and Bor-

In this subchapter, the term “Nuclear
Incident Response Team” means a resource that includes—
(1) those entities of the Department of
Energy that perform nuclear or radiological emergency support functions
(including accident response, search
response, advisory, and technical operations functions), radiation exposure
functions at the medical assistance
facility known as the Radiation Emergency Assistance Center/Training Site
(REAC/TS), radiological assistance
functions, and related functions; and
(2) those entities of the Environmental
Protection Agency that perform such
support functions (including radiological emergency response functions) and
related functions.
§313. Federal Emergency
Management Agency
(a) In general—There is in the Department the Federal Emergency Management Agency, headed by an Administrator.
(b) Mission
(1) Primary Mission—The primary
mission of the Agency is to reduce
the loss of life and property and
protect the Nation from all hazards,
including natural disasters, acts of
terrorism, and other man-made disasters, by leading and supporting
the Nation in a risk-based, comprehensive emergency management
system of preparedness, protection,
response, recovery, and mitigation.
(2) Specific Activities—In support
of the primary mission of the Agency, the Administrator shall—
(A) lead the Nation’s efforts to
prepare for, protect against, re96

Selected Statutes > 6 U.S.C. § 313

der Protection, the Director of Immigration and Customs Enforcement, the National Operations
Center, and other agencies and
offices in the Department to take
full advantage of the substantial
range of resources in the Department;

(G) provide funding, training,
exercises, technical assistance,
planning, and other assistance to
build tribal, local, State, regional,
and national capabilities (including communications capabilities),
necessary to respond to a natural
disaster, act of terrorism, or other
man-made disaster; and

(H) develop and coordinate the
implementation of a risk-based,
all-hazards strategy for preparedness that builds those common
capabilities necessary to respond
to natural disasters, acts of terrorism, and other man-made disasters while also building the
unique capabilities necessary to
respond to specific types of incidents that pose the greatest risk to
our Nation.
(c) Administrator
(1) In General—The Administrator
shall be appointed by the President,
by and with the advice and consent
of the Senate.
(2) Qualifications—The Administrator shall be appointed from
among individuals who have—
(A) a demonstrated ability in and
knowledge of emergency management and homeland security;
and
(B) not less than 5 years of executive leadership and management
experience in the public or private
sector.

(3) Reporting—The Administrator
shall report to the Secretary, without
being required to report through any
other official of the Department.
(4) Principal advisor on emergency
management—

(A) In General—The Administrator is the principal advisor to
the President, the Homeland Security Council, and the Secretary
for all matters relating to emergency management in the United
States.
 (B) Advice and Recommendations—

(i) In general—In presenting
advice with respect to any matter to the President, the Homeland Security Council, or the
Secretary, the Administrator
shall, as the Administrator considers appropriate, inform the
President, the Homeland Security Council, or the Secretary,
as the case may be, of the range
of emergency preparedness,
protection, response, recovery,
and mitigation options with respect to that matter.

(ii) Advice on request—The
Administrator, as the principal
advisor on emergency management, shall provide advice to
the President, the Homeland
Security Council, or the Secretary on a particular matter
when the President, the Homeland Security Council, or the
Secretary requests such advice.

(iii) Recommendations to Congress—After informing the
Secretary, the Administrator
may make such recommendations to Congress relating to
emergency management as the
97

Selected Statutes > 6 U.S.C. §§ 313, 314

Administrator considers appropriate.
(5) Cabinet Status

(A) In general—The President
may designate the Administrator to serve as a member of the
Cabinet in the event of natural disasters, acts of terrorism, or other
man-made disasters.

(B) Retention of Authority—
Nothing in this paragraph shall
be construed as affecting the authority of the Secretary under this
chapter.

(3) providing the Federal Government’s response to terrorist attacks
and major disasters, including—
(A) managing such response;
(B) directing the Domestic Emergency Support Team and (when
operating as an organizational
unit of the Department pursuant
to this subchapter) the Nuclear
Incident Response Team;
(C) overseeing the Metropolitan
Medical Response System; and

(D) coordinating other Federal
response resources, including requiring deployment of the Strategic National Stockpile, in the
event of a terrorist attack or major
disaster;
(4) aiding the recovery from terrorist
attacks and major disasters;
(5) building a comprehensive national incident management system with
Federal, State, and local government
personnel, agencies, and authorities,
to respond to such attacks and disasters;

(6) consolidating existing Federal
Government emergency response
plans into a single, coordinated national response plan;

(7) helping ensure the acquisition
of operable and interoperable communications capabilities by Federal,
State, local, and tribal governments
and emergency response providers;

(8) assisting the President in carrying out the functions under the
Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and carrying out
all functions and authorities given to
the Administrator under that Act;
(9) carrying out the mission of the
Agency to reduce the loss of life and
property and protect the Nation from

§314. Authority and responsibilities
(a) In general—The Administrator
shall provide Federal leadership necessary to prepare for, protect against,
respond to, recover from, or mitigate
against a natural disaster, act of terrorism, or other man-made disaster,
including—
(1) helping to ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and other emergencies;
(2) with respect to the Nuclear Incident Response Team (regardless
of whether it is operating as an organizational unit of the Department
pursuant to this subchapter)—

(A) establishing standards and
certifying when those standards
have been met;
(B) conducting joint and other exercises and training and evaluating performance; and
(C) providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland security
planning, exercises and training,
and equipment;
98

Selected Statutes > 6 U.S.C. § 314

all hazards by leading and supporting the Nation in a risk-based, comprehensive emergency management
system of—

(A) mitigation, by taking sustained actions to reduce or eliminate long-term risks to people and
property from hazards and their
effects;

(B) preparedness, by planning,
training, and building the emergency management profession to
prepare effectively for, mitigate
against, respond to, and recover
from any hazard;
(C) response, by conducting emergency operations to save lives
and property through positioning
emergency equipment, personnel,
and supplies, through evacuating
potential victims, through providing food, water, shelter, and
medical care to those in need, and
through restoring critical public
services; and
(D) recovery, by rebuilding communities so individuals, businesses, and governments can function
on their own, return to normal
life, and protect against future
hazards;
(10) increasing efficiencies, by coordinating efforts relating to preparedness, protection, response, recovery,
and mitigation;
(11) helping to ensure the effectiveness of emergency response providers in responding to a natural
disaster, act of terrorism, or other
man-made disaster;
(12) supervising grant programs administered by the Agency;
(13) administering and ensuring the
implementation of the National Response Plan, including coordinating

and ensuring the readiness of each
emergency support function under
the National Response Plan;
(14) coordinating with the National
Advisory Council established under
section 318 of this title;

(15) preparing and implementing
the plans and programs of the Federal Government for—
(A) continuity of operations;

(B) continuity of government;
and
(C) continuity of plans;
(16) minimizing, to the extent practicable, overlapping planning and
reporting requirements applicable to
State, local, and tribal governments
and the private sector;

(17) maintaining and operating
within the Agency the National Response Coordination Center or its
successor;

(18) developing a national emergency management system that is
capable of preparing for, protecting
against, responding to, recovering
from, and mitigating against catastrophic incidents;
(19) assisting the President in carrying out the functions under the
national preparedness goal and the
national preparedness system and
carrying out all functions and authorities of the Administrator under
the national preparedness System;
(20) carrying out all authorities of
the Federal Emergency Management Agency and the Directorate of
Preparedness of the Department as
transferred under section 315 of this
title; and
(21) otherwise carrying out the mission of the Agency as described in
section 313(b) of this title.
99

Selected Statutes > 6 U.S.C. §§ 314, 314a, 315, 316

(b) All-hazards approach—In carrying out the responsibilities under this
section, the Administrator shall coordinate the implementation of a riskbased, all-hazards strategy that builds
those common capabilities necessary
to prepare for, protect against, respond
to, recover from, or mitigate against
natural disasters, acts of terrorism, and
other man-made disasters, while also
building the unique capabilities necessary to prepare for, protect against,
respond to, recover from, or mitigate
against the risks of specific types of
incidents that pose the greatest risk to
the Nation.

cluding all of its functions, personnel, assets, components, authorities,
grant programs, and liabilities, and
including the functions of the Under
Secretary for Preparedness relating
thereto.
(b) Exceptions—The following within
the Preparedness Directorate shall not
be transferred:
(1) The Office of Infrastructure Protection.

(2) The National Communications
System.

(3) The National Cybersecurity
Division.
(4) The Office of the Chief Medical
Officer.
(5) The functions, personnel, assets,
components, authorities, and liabilities of each component described
under paragraphs (1) through (4).

§314a. FEMA programs
Notwithstanding any other provision
of Federal law, as of April 1, 2007,
the Director of the Federal Emergency
Management Agency shall be responsible for the radiological emergency
preparedness program and the chemical stockpile emergency preparedness
program.

§316. Preserving the Federal
Emergency Management Agency
(a) Distinct entity—The Agency shall
be maintained as a distinct entity within the Department.
(b) Reorganization—Section 452 of
this title shall not apply to the Agency,
including any function or organizational unit of the Agency.
(c) Prohibition on changes to
missions
(1) In general—The Secretary may
not substantially or significantly reduce the authorities, responsibilities,
or functions of the Agency or the capability of the Agency to perform
those missions, authorities, responsibilities, except as otherwise specifically provided in an Act enacted
after October 4, 2006.
(2) Certain transfers prohibited—
No asset, function, or mission of

§315. Functions transferred
(a) In general—Except as provided in
subsection (b), there are transferred to
the Agency the following:

(1) All functions of the Federal
Emergency Management Agency,
including existing responsibilities
for emergency alert systems and
continuity of operations and continuity of government plans and
programs as constituted on June 1,
2006, including all of its personnel, assets, components, authorities,
grant programs, and liabilities, and
including the functions of the Under
Secretary for Federal Emergency
Management relating thereto.
(2) The Directorate of Preparedness,
as constituted on June 1, 2006, in100

Selected Statutes > 6 U.S.C. §§ 316, 317

the Agency may be diverted to the
principal and continuing use of any
other organization, unit, or entity of
the Department, except for details or
assignments that do not reduce the
capability of the Agency to perform
its missions.
(d) Reprogramming and transfer of
funds—In reprogramming or transferring funds, the Secretary shall comply
with any applicable provisions of any
Act making appropriations for the Department for fiscal year 2007, or any
succeeding fiscal year, relating to the
reprogramming or transfer of funds.

served by such Regional Office.
(c) Responsibilities
(1) In general—The Regional Administrator shall work in partnership with State, local, and tribal
governments, emergency managers, emergency response providers, medical providers, the private
sector, nongovernmental organizations, multijurisdictional councils of
governments, and regional planning
commissions and organizations in
the geographical area served by the
Regional Office to carry out the responsibilities of a Regional Administrator under this section.
(2) Responsibilities—The responsibilities of a Regional Administrator
include—
(A) ensuring effective, coordinated, and integrated regional preparedness, protection, response,
recovery, and mitigation activities
and programs for natural disasters, acts of terrorism, and other
man-made disasters (including
planning, training, exercises, and
professional development);
(B) assisting in the development
of regional capabilities needed for
a national catastrophic response
system;

(C) coordinating the establishment of effective regional operable and interoperable emergency
communications capabilities;
(D) staffing and overseeing 1 or
more strike teams within the region under subsection (f), to serve
as the focal point of the Federal
Government’s initial response efforts for natural disasters, acts of
terrorism, and other man-made
disasters within that region, and
otherwise building Federal re-

§317. Regional offices
(a) In general—There are in the Agency 10 regional offices, as identified by
the Administrator.
(b) Management of regional offices
(1) Regional Administrator—
Each Regional Office shall be headed by a Regional Administrator who
shall be appointed by the Administrator, after consulting with State,
local, and tribal government officials in the region. Each Regional
Administrator shall report directly
to the Administrator and be in the
Senior Executive Service.
(2) Qualifications

(A) In general—Each Regional
Administrator shall be appointed
from among individuals who
have a demonstrated ability in and
knowledge of emergency management and homeland security.

(B) Considerations—In selecting a Regional Administrator for
a Regional Office, the Administrator shall consider the familiarity of an individual with the geographical area and demographic
characteristics of the population
101

Selected Statutes > 6 U.S.C. § 317

sponse capabilities to respond to
natural disasters, acts of terrorism, and other man-made disasters within that region;
(E) designating an individual responsible for the development of
strategic and operational regional
plans in support of the National
Response Plan;
(F) fostering the development of
mutual aid and other cooperative
agreements;

(G) identifying critical gaps in
regional capabilities to respond to
populations with special needs;
(H) maintaining and operating a
Regional Response Coordination
Center or its successor;
(I) coordinating with the private
sector to help ensure private sector preparedness for natural disasters, acts of terrorism, and other
man-made disasters;
(J) assisting State, local, and tribal
governments, where appropriate,
to preidentify and evaluate suitable sites where a multijurisdictional incident command system
may quickly be established and
operated from, if the need for
such a system arises; and
(K) performing such other duties
relating to such responsibilities as
the Administrator may require.
(3) Training and exercise requirements

(A) Training—The Administrator shall require each Regional
Administrator to undergo specific
training periodically to complement the qualifications of the
Regional Administrator. Such
training, as appropriate, shall include training with respect to the
National Incident Management

System, the National Response
Plan, and such other subjects as
determined by the Administrator.

(B) Exercises. The Administrator
shall require each Regional Administrator to participate as appropriate in regional and national
exercises.
(d) Area offices
(1) In general—There is an Area
Office for the Pacific and an Area
Office for the Caribbean, as components in the appropriate Regional
Offices.
(2) Alaska—The Administrator
shall establish an Area Office in
Alaska, as a component in the appropriate Regional Office.
(e) Regional Advisory Council
(1) Establishment—Each Regional
Administrator shall establish a Regional Advisory Council.
(2) Nominations—A State, local,
or tribal government located within
the geographic area served by the
Regional Office may nominate officials, including Adjutants General
and emergency managers, to serve
as members of the Regional Advisory Council for that region.
(3) Responsibilities—Each Regional
Advisory Council shall—
(A) advise the Regional Administrator on emergency management
issues specific to that region;
(B) identify any geographic, demographic, or other characteristics peculiar to any State, local,
or tribal government within the
region that might make preparedness, protection, response, recovery, or mitigation more complicated or difficult; and
(C) advise the Regional Admin102

Selected Statutes > 6 U.S.C. §§ 317, 318

istrator of any weaknesses or
deficiencies in preparedness, protection, response, recovery, and
mitigation for any State, local,
and tribal government within the
region of which the Regional Advisory Council is aware.
(f) Regional Office strike teams
(1) In general—In coordination
with other relevant Federal agencies, each Regional Administrator
shall oversee multi-agency strike
teams authorized under section 5144
of title 42 that shall consist of—
(A) a designated Federal coordinating officer;
(B) personnel trained in incident
management;
(C) public affairs, response and
recovery, and communications
support personnel;

(D) a defense coordinating
officer;

(E) liaisons to other Federal
agencies;
(F) such other personnel as the
Administrator or Regional Administrator determines appropriate; and

(G) individuals from the agencies with primary responsibility
for each of the emergency support functions in the National Response Plan.
(2) Other duties—The duties of an
individual assigned to a Regional
Office strike team from another relevant agency when such individual is
not functioning as a member of the
strike team shall be consistent with
the emergency preparedness activities of the agency that employs such
individual.
(3) Location of members—The

members of each Regional Office
strike team, including representatives from agencies other than the
Department, shall be based primarily within the region that corresponds
to that strike team.
(4) Coordination—Each Regional
Office strike team shall coordinate
the training and exercises of that
strike team with the State, local, and
tribal governments and private sector and nongovernmental entities
which the strike team shall support
when a natural disaster, act of terrorism, or other man-made disaster
occurs.
(5) Preparedness—Each Regional
Office strike team shall be trained
as a unit on a regular basis and
equipped and staffed to be well
prepared to respond to natural disasters, acts of terrorism, and other
man-made disasters, including catastrophic incidents.
(6) Authorities­­—If the Administrator determines that statutory authority is inadequate for the preparedness and deployment of individuals
in strike teams under this subsection, the Administrator shall report
to Congress regarding the additional
statutory authorities that the Administrator determines are necessary.
§318. National Advisory Council
(a) Establishment—Not later than 60
days after October 4, 2006, the Secretary shall establish an advisory body
under section 451(a) of this title to ensure effective and ongoing coordination
of Federal preparedness, protection,
response, recovery, and mitigation for
natural disasters, acts of terrorism, and
other man-made disasters, to be known
as the National Advisory Council.
103

Selected Statutes > 6 U.S.C. § 318

(b) Responsibilities
(1) In general—The National Advisory Council shall advise the Administrator on all aspects of emergency management. The National
Advisory Council shall incorporate
State, local, and tribal government
and private sector input in the development and revision of the national
preparedness goal, the national
preparedness system, the National
Incident Management System, the
National Response Plan, and other
related plans and strategies.
(2) Consultation on grants—To
ensure input from and coordination
with State, local, and tribal governments and emergency response
providers, the Administrator shall
regularly consult and work with the
National Advisory Council on the
administration and assessment of
grant programs administered by the
Department, including with respect
to the development of program
guidance and the development and
evaluation of risk-assessment methodologies, as appropriate.
(c) Membership
(1) In general—The members of
the National Advisory Council shall
be appointed by the Administrator,
and shall, to the extent practicable,
represent a geographic (including
urban and rural) and substantive
cross section of officials, emergency
managers, and emergency response
providers from State, local, and tribal governments, the private sector,
and nongovernmental organizations,
including as appropriate—

(A) members selected from the
emergency management field
and emergency response providers, including fire service, law
enforcement, hazardous materi-

als response, emergency medical
services, and emergency management personnel, or organizations
representing such individuals;
(B) health scientists, emergency
and inpatient medical providers,
and public health professionals;
(C) experts from Federal, State,
local, and tribal governments, and
the private sector, representing
standards-setting and accrediting organizations, including representatives from the voluntary
consensus codes and standards
development community, particularly those with expertise in
the emergency preparedness and
response field;
(D) State, local, and tribal government officials with expertise
in preparedness, protection, response, recovery, and mitigation,
including Adjutants General;
(E) elected State, local, and tribal
government executives;
(F) experts in public and private
sector infrastructure protection,
cybersecurity, and communications;
(G) representatives of individuals
with disabilities and other populations with special needs; and
(H) such other individuals as the
Administrator determines to be
appropriate.
(2) Coordination with the Departments of Health and Human
Services and Transportation—
In the selection of members of the
National Advisory Council who are
health or emergency medical services professionals, the Administrator shall work with the Secretary of
Health and Human Services and the
Secretary of Transportation.
104

Selected Statutes > 6 U.S.C. §§ 318, 319

(3) Ex officio members—The Administrator shall designate 1 or more
officers of the Federal Government
to serve as ex officio members of the
National Advisory Council.
(4) Terms of office—

(A) In general—Except as provided in subparagraph (B), the
term of office of each member of
the National Advisory Council
shall be 3 years.

(B) Initial appointments—Of the
members initially appointed to
the National Advisory Council—

(i) one-third shall be appointed
for a term of 1 year; and
(ii) one-third shall be appointed
for a term of 2 years.
(d) Applicability of Federal Advisory
Committee Act
(1) In general—Notwithstanding
section 451(a) of this title and subject to paragraph (2), the Federal
Advisory Committee Act (5 U.S.C.
App.), including subsections (a),
(b), and (d) of section 10 of such
Act, and section 552b(c) of title 5
shall apply to the National Advisory
Council.
(2) Termination—Section 14(a)(2)
of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply
to the National Advisory Council.

shall ensure ongoing management
and maintenance of the National
Incident Management System, the
National Response Plan, and any
successor to such system or plan.
(2) Specific responsibilities—The
National Integration Center shall
periodically review, and revise as
appropriate, the National Incident
Management System and the National Response Plan, including—
(A) establishing, in consultation
with the Director of the Corporation for National and Community
Service, a process to better use
volunteers and donations;
(B) improving the use of Federal,
State, local, and tribal resources
and ensuring the effective use of
emergency response providers at
emergency scenes; and

(C) revising the Catastrophic
Incident Annex, finalizing and
releasing the Catastrophic Incident Supplement to the National
Response Plan, and ensuring that
both effectively address response
requirements in the event of a
catastrophic incident.
(c) Incident management
(1) In general—
(A) National Response Plan—
The Secretary, acting through
the Administrator, shall ensure
that the National Response Plan
provides for a clear chain of command to lead and coordinate the
Federal response to any natural
disaster, act of terrorism, or other
man-made disaster.

(B) Administrator—The chain
of the command specified in the
National Response Plan shall—
(i) provide for a role for the Administrator consistent with the

§319. National Integration Center
(a) In general—There is established
in the Agency a National Integration
Center.
(b) Responsibilities
(1) In general—The Administrator, through the National Integration
Center, and in consultation with other Federal departments and agencies
and the National Advisory Council,
105

Selected Statutes > 6 U.S.C. §§ 319, 320

role of the Administrator as the
principal emergency management advisor to the President,
the Homeland Security Council, and the Secretary under
section 313(c)(4) of this title
and the responsibility of the
Administrator under the PostKatrina Emergency Management Reform Act of 2006, and
the amendments made by that
Act, relating to natural disasters, acts of terrorism, and other
man-made disasters; and
(ii) provide for a role for the
Federal Coordinating Officer
consistent with the responsibilities under section 5143(b)
of title 42.
(2) Principal Federal Official—
The Principal Federal Official (or
the successor thereto) shall not—
(A) direct or replace the incident
command structure established at
the incident; or
(B) have directive authority over
the Senior Federal Law Enforcement Official, Federal Coordinating Officer, or other Federal and
State officials.

personnel) and resources likely needed
to respond to natural disasters, acts of
terrorism, and other man-made disasters.
(b) Distribution
(1) In general—Not later than 1
year after August 3, 2007, the Administrator shall provide the standards developed under subsection
(a), including detailed written guidance, to—
(A) each Federal agency that has
responsibilities under the National Response Plan to aid that agency with credentialing and typing
incident management personnel,
emergency response providers,
and other personnel (including
temporary personnel) and resources likely needed to respond
to a natural disaster, act of terrorism, or other man-made disaster;
and
(B) State, local, and tribal governments, to aid such governments
with credentialing and typing of
State, local, and tribal incident
management personnel, emergency response providers, and other
personnel (including temporary
personnel) and resources likely
needed to respond to a natural
disaster, act of terrorism, or other
man-made disaster.
(2) Assistance—The Administrator
shall provide expertise and technical
assistance to aid Federal, State, local, and tribal government agencies
with credentialing and typing incident management personnel, emergency response providers, and other
personnel (including temporary personnel) and resources likely needed
to respond to a natural disaster, act
of terrorism, or other man-made disaster.

§320. Credentialing and typing
(a) In general—The Administrator shall enter into a memorandum of
understanding with the administrators
of the Emergency Management Assistance Compact, State, local, and tribal
governments, and organizations that
represent emergency response providers, to collaborate on developing
standards for deployment capabilities,
including for credentialing and typing
of incident management personnel,
emergency response providers, and
other personnel (including temporary
106

Selected Statutes > 6 U.S.C. §§ 320, 321

(c) Credentialing and typing of personnel—Not later than 6 months after
receiving the standards provided under
subsection (b), each Federal agency
with responsibilities under the National Response Plan shall ensure that
incident management personnel, emergency response providers, and other
personnel (including temporary personnel) and resources likely needed to
respond to a natural disaster, act of terrorism, or other manmade disaster are
credentialed and typed in accordance
with this section.
(d) Consultation on health care standards—In developing standards for
credentialing health care professionals under this section, the Administrator shall consult with the Secretary of
Health and Human Services.

(1) shall include modeling, simulation, and analysis of the systems
and assets comprising critical infrastructure, in order to enhance
preparedness, protection, response, recovery, and mitigation
activities.

(B) Relationship with other
agencies—Each Federal agency
and department with critical infrastructure responsibilities under
Homeland Security Presidential
Directive 7, or any successor to
such directive, shall establish a
formal relationship, including an
agreement regarding information
sharing, between the elements
of such agency or department
and the National Infrastructure
Simulation and Analysis Center,
through the Department.
(C) Purpose—

(i) In general­—The purpose of
the relationship under subparagraph (B) shall be to permit each
Federal agency and department
described in subparagraph (B)
to take full advantage of the
capabilities of the National
Infrastructure Simulation and
Analysis Center (particularly
vulnerability and consequence
analysis), consistent with its
work load capacity and priorities, for real-time response to
reported and projected natural
disasters, acts of terrorism, and
other man-made disasters.

(ii) Recipient of certain support—Modeling, simulation,
and analysis provided under this
subsection shall be provided to
relevant Federal agencies and
departments, including Federal agencies and departments
with critical infrastructure re-

§321. The National Infrastructure
Simulation and Analysis Center
(a) Definition—In this section, the
term “National Infrastructure Simulation and Analysis Center” means the
National Infrastructure Simulation and
Analysis Center established under section 5195c(d) of title 42.
(b) Authority
(1) In general—There is in the Department the National Infrastructure
Simulation and Analysis Center
which shall serve as a source of national expertise to address critical
infrastructure protection and continuity through support for activities
related to—

(A) counterterrorism, threat assessment, and risk mitigation; and
(B) a natural disaster, act of terrorism, or other man-made disaster.
(2) Infrastructure modeling—

(A) Particular support—The
support provided under paragraph
107

Selected Statutes > 6 U.S.C. § 321a

sponsibilities under Homeland
Security Presidential Directive
7, or any successor to such directive.


(4) identify evacuation transportation modes and capabilities, including the use of mass and public transit capabilities, and coordinating and
integrating evacuation plans for all
populations including for those individuals located in hospitals, nursing
homes, and other institutional living
facilities;
(5) develop procedures for informing the public of evacuation plans
before and during an evacuation,
including individuals—
(A) with disabilities or other special needs, including the elderly;
(B) with limited English proficiency; or

(C) who might otherwise have
difficulty in obtaining such information; and
(6) identify shelter locations and capabilities.
(c) Assistance
(1) In general—The Administrator
may establish any guidelines, standards, or requirements determined
appropriate to administer this section and to ensure effective mass
evacuation planning for State, local,
and tribal areas.
(2) Requested assistance—The Administrator shall make assistance
available upon request of a State,
local, or tribal government to assist
hospitals, nursing homes, and other
institutions that house individuals with special needs to establish,
maintain, and exercise mass evacuation plans that are coordinated and
integrated into the plans developed
by that State, local, or tribal government under this section.
(d) Multipurpose funds—Nothing in
this section may be construed to preclude a State, local, or tribal govern-

§321a. Evacuation plans and
exercises
(a) In general—Notwithstanding any
other provision of law, and subject to
subsection (d), grants made to States or
local or tribal governments by the Department through the State Homeland
Security Grant Program or the Urban
Area Security Initiative may be used
to—
(1) establish programs for the development and maintenance of mass
evacuation plans under subsection
(b) in the event of a natural disaster,
act of terrorism, or other man-made
disaster;
(2) prepare for the execution of such
plans, including the development of
evacuation routes and the purchase
and stockpiling of necessary supplies and shelters; and
(3) conduct exercises of such plans.
(b) Plan development—In developing
the mass evacuation plans authorized
under subsection (a), each State, local,
or tribal government shall, to the maximum extent practicable—
(1) establish incident command and
decision making processes;
(2) ensure that State, local, and tribal
government plans, including evacuation routes, are coordinated and integrated;
(3) identify primary and alternative
evacuation routes and methods to increase evacuation capabilities along
such routes such as conversion of
two-way traffic to one-way evacuation routes;

108

Selected Statutes > 6 U.S.C. § 321b

ment from using grant funds in a manner that enhances preparedness for a
natural or man-made disaster unrelated
to an act of terrorism, if such use assists such government in building capabilities for terrorism preparedness.

of terrorism, or other man-made disaster;

(3) consulting with organizations
that represent the interests and rights
of individuals with disabilities about
the needs of individuals with disabilities in emergency planning requirements and relief efforts in the
event of a natural disaster, act of terrorism, or other man-made disaster;

(4) ensuring the coordination and
dissemination of best practices and
model evacuation plans for individuals with disabilities;

(5) ensuring the development of
training materials and a curriculum
for training of emergency response
providers, State, local, and tribal
government officials, and others on
the needs of individuals with disabilities;

(6) promoting the accessibility of
telephone hotlines and websites regarding emergency preparedness,
evacuations, and disaster relief;

(7) working to ensure that video
programming distributors, including
broadcasters, cable operators, and
satellite television services, make
emergency information accessible
to individuals with hearing and vision disabilities;
(8) ensuring the availability of accessible transportation options for
individuals with disabilities in the
event of an evacuation;
(9) providing guidance and implementing policies to ensure that the
rights and wishes of individuals with
disabilities regarding post-evacuation residency and relocation are
respected;
(10) ensuring that meeting the needs
of individuals with disabilities are
included in the components of the

§321b. Disability Coordinator
(a) In general—After consultation
with organizations representing individuals with disabilities, the National
Council on Disabilities, and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities, established under Executive
Order No. 13347, the Administrator
shall appoint a Disability Coordinator.
The Disability Coordinator shall report
directly to the Administrator, in order
to ensure that the needs of individuals with disabilities are being properly
addressed in emergency preparedness
and disaster relief.
(b) Responsibilities—The Disability
Coordinator shall be responsible for—
(1) providing guidance and coordination on matters related to individuals
with disabilities in emergency planning requirements and relief efforts
in the event of a natural disaster, act
of terrorism, or other man-made disaster;
(2) interacting with the staff of the
Agency, the National Council on
Disabilities, the Interagency Coordinating Council on Preparedness
and Individuals with Disabilities established under Executive Order No.
13347, other agencies of the Federal Government, and State, local,
and tribal government authorities
regarding the needs of individuals
with disabilities in emergency planning requirements and relief efforts
in the event of a natural disaster, act
109

Selected Statutes > 6 U.S.C. §§ 321c, 321d, 321e

national preparedness system established under section 744 of this
title;* and
(11) any other duties as assigned by
the Administrator.

other man-made disaster; and
(2) ensure that critical terrorism and
disaster-related information reaches
government decision-makers.
(c) State and local fire service representation—
(1) Establishment of position—
The Secretary shall, in consultation
with the Administrator of the United
States Fire Administration, establish
a fire service position at the National
Operations Center established under
subsection (b) to ensure the effective
sharing of information between the
Federal Government and State and
local fire services.
(2) Designation of position—The
Secretary shall designate, on a rotating basis, a State or local fire service
official for the position described in
paragraph (1).
(3) Management—The Secretary
shall manage the position established pursuant to paragraph (1) in
accordance with such rules, regulations, and practices as govern other
similar rotating positions at the National Operations Center.

§321c. Department and Agency
officials
(a) Deputy Administrators—The
President may appoint, by and with the
advice and consent of the Senate, not
more than 4 Deputy Administrators to
assist the Administrator in carrying out
this subchapter.
(b) Cybersecurity and communications—There is in the Department an
Assistant Secretary for Cybersecurity
and Communications.
(c) United States Fire Administration—The Administrator of the United
States Fire Administration shall have a
rank equivalent to an assistant secretary of the Department.
§321d. National Operations Center
(a) Definition—In this section, the
term “situational awareness” means
information gathered from a variety
of sources that, when communicated
to emergency managers and decision
makers, can form the basis for incident
management decisionmaking.
(b) Establishment—The National
Operations Center is the principal operations center for the Department and
shall—

(1) provide situational awareness
and a common operating picture for
the entire Federal Government, and
for State, local, and tribal governments as appropriate, in the event of
a natural disaster, act of terrorism, or

§321e. Chief Medical Officer
(a) In general—There is in the Department a Chief Medical Officer, who
shall be appointed by the President, by
and with the advice and consent of the
Senate.
(b) Qualifications—The individual
appointed as Chief Medical Officer
shall possess a demonstrated ability in
and knowledge of medicine and public
health.
(c) Responsibilities—The Chief
Medical Officer shall have the primary
responsibility within the Department
for medical issues related to natural
disasters, acts of terrorism, and other

* Section 644 of PKEMRA.

110

Selected Statutes > 6 U.S.C. §§ 321e, 321f, 321g

man-made disasters, including—
(1) serving as the principal advisor
to the Secretary and the Administrator on medical and public health issues;
(2) coordinating the biodefense activities of the Department;

(3) ensuring internal and external
coordination of all medical preparedness and response activities of
the Department, including training,
exercises, and equipment support;
(4) serving as the Department’s primary point of contact with the Department of Agriculture, the Department of Defense, the Department
of Health and Human Services, the
Department of Transportation, the
Department of Veterans Affairs, and
other Federal departments or agencies, on medical and public health
issues;

(5) serving as the Department’s
primary point of contact for State,
local, and tribal governments, the
medical community, and others
within and outside the Department,
with respect to medical and public
health matters;
(6) discharging, in coordination with
the Under Secretary for Science and
Technology, the responsibilities of
the Department related to Project
Bioshield; and
(7) performing such other duties relating to such responsibilities as the
Secretary may require.

organizational unit of the Department.
While so operating, the Nuclear Incident Response Team shall be subject to
the direction, authority, and control of
the Secretary.
(b) Rule of construction—Nothing in
this subchapter shall be construed to
limit the ordinary responsibility of the
Secretary of Energy and the Administrator of the Environmental Protection
Agency for organizing, training, equipping, and utilizing their respective entities in the Nuclear Incident Response
Team, or (subject to the provisions of
this subchapter) from exercising direction, authority, and control over them
when they are not operating as a unit
of the Department.
§321g. Conduct of certain public
health-related activities
(a) In general—With respect to all
public health-related activities to improve State, local, and hospital preparedness and response to chemical,
biological, radiological, and nuclear
and other emerging terrorist threats carried out by the Department of Health
and Human Services (including the
Public Health Service), the Secretary
of Health and Human Services shall set
priorities and preparedness goals and
further develop a coordinated strategy
for such activities in collaboration with
the Secretary.
(b) Evaluation of progress—In carrying out subsection (a), the Secretary of
Health and Human Services shall collaborate with the Secretary in developing specific benchmarks and outcome
measurements for evaluating progress
toward achieving the priorities and
goals described in such subsection.

§321f. Nuclear incident response
(a) In general—At the direction of the
Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the
United States), the Nuclear Incident
Response Team shall operate as an
111

Selected Statutes > 6 U.S.C. §§ 321h, 321i, 321j

§321h. Use of national private sector networks in emergency response

of which not to exceed $890,000,000
may be obligated during fiscal year
2004. None of the funds made available under this subsection shall be used
to procure countermeasures to diagnose, mitigate, prevent, or treat harm
resulting from any naturally occurring
infectious disease or other public health
threat that are not security countermeasures under section 247d–6b(c)(1)(B)
of title 42.
(b) Special reserve fund—For purposes of the security countermeasures
program, the term “special reserve
fund” means the “Biodefense Countermeasures” appropriations account
or any other appropriation made under
subsection (a).
(c) Availability—Amounts appropriated under subsection (a) become available for a procurement under the security countermeasures program only
upon the approval by the President of
such availability for the procurement
in accordance with paragraph (6)(B) of
such program.
(d) Related authorizations of appropriations
(1) Threat assessment capabilities—For the purpose of carrying
out the responsibilities of the Secretary for terror threat assessment
under the security countermeasures
program, there are authorized to
be appropriated such sums as may
be necessary for each of the fiscal
years 2004 through 2006, for the
hiring of professional personnel
within the Office of Intelligence and
Analysis, who shall be analysts responsible for chemical, biological,
radiological, and nuclear threat assessment (including but not limited
to analysis of chemical, biological,
radiological, and nuclear agents, the
means by which such agents could

To the maximum extent practicable,
the Secretary shall use national private sector networks and infrastructure
for emergency response to chemical,
biological, radiological, nuclear, or
explosive disasters, and other major
disasters.
§321i. Use of commercially available
technology, goods, and services
It is the sense of Congress that—
(1) the Secretary should, to the maximum extent possible, use off-the-shelf
commercially developed technologies
to ensure that the Department’s information technology systems allow the
Department to collect, manage, share,
analyze, and disseminate information
securely over multiple channels of
communication; and
(2) in order to further the policy of the
United States to avoid competing commercially with the private sector, the
Secretary should rely on commercial
sources to supply the goods and services needed by the Department.
§321j. Procurement of security
countermeasures for Strategic
National Stockpile
(a) Authorization of appropriations—For the procurement of security
countermeasures under section 247d–
6b(c) of title 42 (referred to in this section as the “security countermeasures
program”), there is authorized to be
appropriated up to $5,593,000,000 for
the fiscal years 2004 through 2013.
Of the amounts appropriated under
the preceding sentence, not to exceed
$3,418,000,000 may be obligated during the fiscal years 2004 through 2008,

112

Selected Statutes > 6 U.S.C. §§ 321j, 321k, 321l

be weaponized or used in a terrorist
attack, and the capabilities, plans,
and intentions of terrorists and other non-state actors who may have
or acquire such agents). All such
analysts shall meet the applicable
standards and qualifications for the
performance of intelligence activities promulgated by the Director of
Central Intelligence pursuant to section 403–4* of title 50.
(2) Intelligence sharing infrastructure—For the purpose of carrying out the acquisition and deployment of secure facilities (including
information technology and physical
infrastructure, whether mobile and
temporary, or permanent) sufficient
to permit the Secretary to receive,
not later than 180 days after July 21,
2004, all classified information and
products to which the Under Secretary for Intelligence and Analysis is
entitled under part A of subchapter II
of this chapter, there are authorized
to be appropriated such sums as may
be necessary for each of the fiscal
years 2004 through 2006.

infrastructure workers that may be
used by a State to credential critical infrastructure workers that may respond
to a natural disaster, act of terrorism, or
other man-made disaster.
(b) Distribution and assistance—The
Administrator shall provide the standards developed under subsection (a),
including detailed written guidance, to
State, local, and tribal governments,
and provide expertise and technical assistance to aid such governments with
credentialing critical infrastructure
workers that may respond to a natural
disaster, act of terrorism, or other manmade disaster.
§321l. Guidance and
recommendations
(a) In general—Consistent with their
responsibilities and authorities under
law, as of the day before August 3,
2007, the Administrator and the Assistant Secretary for Infrastructure
Protection, in consultation with the
private sector, may develop guidance
or recommendations and identify best
practices to assist or foster action by
the private sector in—
(1) identifying potential hazards and
assessing risks and impacts;
(2) mitigating the impact of a wide
variety of hazards, including weapons of mass destruction;
(3) managing necessary emergency
preparedness and response resources;

(4) developing mutual aid agreements;

(5) developing and maintaining
emergency preparedness and response plans, and associated operational procedures;
(6) developing and conducting training and exercises to support and

§321k. Model standards and
guidelines for critical
infrastructure workers
(a) In general—Not later than 12
months after August 3, 2007, and in
coordination with appropriate national
professional organizations, Federal,
State, local, and tribal government
agencies, and private-sector and nongovernmental entities, the Administrator shall establish model standards and
guidelines for credentialing critical
* Section 403-4 of title 50 was repealed and new
section 403-4 enacted; as so enacted, section
403-4 no longer relates to the promulgation of
standards and qualifications for the performance
of intelligence activities.

113

Selected Statutes > 6 U.S.C. §§ 321l, 321m

evaluate emergency preparedness
and response plans and operational
procedures;
(7) developing and conducting training programs for security guards to
implement emergency preparedness
and response plans and operations
procedures; and

(8) developing procedures to respond to requests for information
from the media or the public.
(b) Issuance and promotion—Any
guidance or recommendations developed or best practices identified under
subsection (a) shall be—
(1) issued through the Administrator; and
(2) promoted by the Secretary to the
private sector.
(c) Small business concerns—In
developing guidance or recommendations or identifying best practices
under subsection (a), the Administrator and the Assistant Secretary for Infrastructure Protection shall take into
consideration small business concerns
(under the meaning given that term in
section 632 of title 15), including any
need for separate guidance or recommendations or best practices, as necessary and appropriate.
(d) Rule of construction—Nothing in
this section may be construed to supersede any requirement established under any other provision of law.

sector preparedness accreditation
and certification program in accordance with this section.
(2) Designation of officer—The
Secretary shall designate an officer
responsible for the accreditation
and certification program under this
section. Such officer (hereinafter referred to in this section as the “designated officer”) shall be one of the
following:
(A) The Administrator, based on
consideration of—
(i) the expertise of the Administrator in emergency management and preparedness in the
United States; and
(ii) the responsibilities of the
Administrator as the principal
advisor to the President for all
matters relating to emergency
management in the United
States.

(B) The Assistant Secretary for
Infrastructure Protection, based
on consideration of the expertise
of the Assistant Secretary in, and
responsibilities for—
(i) protection of critical infrastructure;
(ii) risk assessment methodologies; and
(iii) interacting with the private
sector on the issues described
in clauses (i) and (ii).
(C) The Under Secretary for Science and Technology, based on
consideration of the expertise of
the Under Secretary in, and responsibilities associated with,
standards.
(3) Coordination—In carrying out
the accreditation and certification program under this section, the designated
officer shall coordinate with—

§321m. Voluntary private sector
preparedness accreditation and
certification program
(a) Establishment
(1) In general—The Secretary, acting through the officer designated
under paragraph (2), shall establish
and implement the voluntary private
114

Selected Statutes > 6 U.S.C. § 321m

(A) the other officers of the Department referred to in paragraph
(2), using the expertise and responsibilities of such officers;
and
(B) the Special Assistant to the
Secretary for the Private Sector,
based on consideration of the expertise of the Special Assistant in,
and responsibilities for, interacting with the private sector.
(b) Voluntary private sector preparedness standards; voluntary
accreditation and certification program for the private sector
(1) Accreditation and certification program—Not later than 210
days after August 3, 2007, the designated officer shall—
(A) begin supporting the development and updating, as necessary, of voluntary preparedness
standards through appropriate
organizations that coordinate or
facilitate the development and use
of voluntary consensus standards
and voluntary consensus standards development organizations;
and

(B) in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of
voluntary consensus standards,
appropriate voluntary consensus
standards development organizations, each private sector advisory
council created under section
112(f)(4) of this title, appropriate
representatives of State and local
governments, including emergency management officials, and
appropriate private sector advisory groups, such as sector coordinating councils and information
sharing and analysis centers—

(i) develop and promote a program to certify the preparedness of private sector entities
that voluntarily choose to seek
certification under the program;
and
(ii) implement the program under this subsection through any
entity with which the designated officer enters into an agreement under paragraph (3)(A),
which shall accredit third parties to carry out the certification
process under this section.
(2) Program elements—
(A) In general—

(i) Program—The program
developed and implemented
under this subsection shall assess whether a private sector
entity complies with voluntary
preparedness standards.

(ii) Guidelines—In developing
the program under this subsection, the designated officer
shall develop guidelines for the
accreditation and certification
processes established under
this subsection.

(B) Standards—The designated
officer, in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use
of voluntary consensus standards,
representatives of appropriate
voluntary consensus standards
development organizations, each
private sector advisory council
created under section 112(f)(4) of
this title, appropriate representatives of State and local governments, including emergency management officials, and appropriate
private sector advisory groups
115

Selected Statutes > 6 U.S.C. § 321m

such as sector coordinating councils and information sharing and
analysis centers—
(i) shall adopt one or more appropriate voluntary preparedness standards that promote
preparedness, which may be
tailored to address the unique
nature of various sectors within
the private sector, as necessary
and appropriate, that shall be
used in the accreditation and
certification program under this
subsection; and
(ii) after the adoption of one or
more standards under clause
(i), may adopt additional voluntary preparedness standards
or modify or discontinue the
use of voluntary preparedness
standards for the accreditation
and certification program, as
necessary and appropriate to
promote preparedness.

(C) Submission of recommendations—In adopting one or more
standards under subparagraph
(B), the designated officer may
receive recommendations from
any entity described in that subparagraph relating to appropriate
voluntary preparedness standards,
including appropriate sector specific standards, for adoption in the
program.
 (D) Small business concerns—
The designated officer and any
entity with which the designated
officer enters into an agreement
under paragraph (3)(A) shall establish separate classifications
and methods of certification for
small business concerns (under
the meaning given that term in
section 632 of title 15) for the
program under this subsection.


(E) Considerations—In developing and implementing the program under this subsection, the
designated officer shall—
(i) consider the unique nature
of various sectors within the
private sector, including preparedness standards, business
continuity standards, or best
practices, established—
(I) under any other provision
of Federal law; or
(II) by any sector-specific
agency, as defined under
Homeland Security Presidential Directive–7; and
(ii) coordinate the program, as
appropriate, with—

(I) other Department private
sector related programs; and

(II) preparedness and business continuity programs in
other Federal agencies.
(3) Accreditation and certification processes—
(A) Agreement—

(i) In general—Not later than
210 days after August 3, 2007,
the designated officer shall
enter into one or more agreements with a highly qualified
nongovernmental entity with
experience or expertise in coordinating and facilitating the
development and use of voluntary consensus standards and
in managing or implementing
accreditation and certification
programs for voluntary consensus standards, or a similarly
qualified private sector entity,
to carry out accreditations and
oversee the certification process under this subsection. An
entity entering into an agree116

Selected Statutes > 6 U.S.C. § 321m

ment with the designated officer under this clause (hereinafter referred to in this section
as a “selected entity”) shall not
perform certifications under
this subsection.

(ii) Contents—A selected entity shall manage the accreditation process and oversee the
certification process in accordance with the program established under this subsection
and accredit qualified third parties to carry out the certification
program established under this
subsection.
(B) Procedures and requirements for accreditation and
certification—

(i) In general—Any selected
entity shall collaborate to develop procedures and requirements for the accreditation and
certification processes under
this subsection, in accordance
with the program established
under this subsection and
guidelines developed under
paragraph (2)(A)(ii).

(ii) Contents and use—The
procedures and requirements
developed under clause (i)
shall—

(I) ensure reasonable uniformity in any accreditation
and certification processes
if there is more than one selected entity; and
(II) be used by any selected
entity in conducting accreditations and overseeing the
certification process under
this subsection.

(iii) Disagreement—Any disagreement among selected

entities in developing procedures under clause (i) shall be
resolved by the designated officer.

(C) Designation—Aselected entity may accredit any qualified third
party to carry out the certification
process under this subsection.

(D) Disadvantaged business involvement—In accrediting qualified third parties to carry out the
certification process under this
subsection, a selected entity shall
ensure, to the extent practicable,
that the third parties include
qualified small, minority, womenowned, or disadvantaged business
concerns when appropriate. The
term “disadvantaged business
concern” means a small business
that is owned and controlled by
socially and economically disadvantaged individuals, as defined
in section 124 of title 13, United
States Code of Federal Regulations.

(E) Treatment of other certifications—At the request of any
entity seeking certification, any
selected entity may consider, as
appropriate, other relevant certifications acquired by the entity
seeking certification. If the selected entity determines that such
other certifications are sufficient
to meet the certification requirement or aspects of the certification
requirement under this section,
the selected entity may give credit
to the entity seeking certification,
as appropriate, to avoid unnecessarily duplicative certification requirements.

(F) Third parties—To be accredited under subparagraph (C), a
third party shall—
117

Selected Statutes > 6 U.S.C. § 321m


(i) demonstrate that the third
party has the ability to certify
private sector entities in accordance with the procedures and
requirements developed under
subparagraph (B);
(ii) agree to perform certifications in accordance with such
procedures and requirements;
(iii) agree not to have any beneficial interest in or any direct
or indirect control over—
(I) a private sector entity for
which that third party conducts a certification under
this subsection; or

(II) any organization that
provides preparedness consulting services to private
sector entities;
(iv) agree not to have any other
conflict of interest with respect
to any private sector entity for
which that third party conducts
a certification under this subsection;
(v) maintain liability insurance
coverage at policy limits in accordance with the requirements
developed under subparagraph
(B); and

(vi) enter into an agreement
with the selected entity accrediting that third party to protect
any proprietary information of
a private sector entity obtained
under this subsection.
(G) Monitoring—

(i) In general—The designated officer and any selected
entity shall regularly monitor
and inspect the operations of
any third party conducting certifications under this subsection
to ensure that the third party is

complying with the procedures
and requirements established
under subparagraph (B) and all
other applicable requirements.

(ii) Revocation—If the designated officer or any selected
entity determines that a third
party is not meeting the procedures or requirements established under subparagraph (B),
the selected entity shall—

(I) revoke the accreditation
of that third party to conduct
certifications under this subsection; and
(II) review any certification conducted by that third
party, as necessary and appropriate.
(4) Annual review—

(A) In general—The designated
officer, in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use
of voluntary consensus standards,
appropriate voluntary consensus
standards development organizations, appropriate representatives
of State and local governments,
including emergency management officials, and each private
sector advisory council created
under section 112(f)(4) of this
title, shall annually review the
voluntary accreditation and certification program established under this subsection to ensure the
effectiveness of such program (including the operations and management of such program by any
selected entity and the selected
entity’s inclusion of qualified disadvantaged business concerns under paragraph (3)(D)) and make
improvements and adjustments to
118

Selected Statutes > 6 U.S.C. §§ 321m, 321n

the program as necessary and appropriate.

(B) Review of standards—Each
review under subparagraph (A)
shall include an assessment of the
voluntary preparedness standard
or standards used in the program
under this subsection.
(5) Voluntary participation—Certification under this subsection shall
be voluntary for any private sector
entity.
(6) Public listing—The designated
officer shall maintain and make public a listing of any private sector entity certified as being in compliance
with the program established under
this subsection, if that private sector
entity consents to such listing.
(c) Rule of construction—Nothing in
this section may be construed as—

(1) a requirement to replace any
preparedness, emergency response,
or business continuity standards,
requirements, or best practices established—
(A) under any other provision of
federal law; or
(B) by any sector-specific agency,
as those agencies are defined under Homeland Security Presidential Directive–7; or

(2) exempting any private sector
entity seeking certification or meeting certification requirements under
subsection (b) from compliance with
all applicable statutes, regulations,
directives, policies, and industry
codes of practice.

services, including from guest lecturers, for otherwise authorized activities
of the Center for Domestic Preparedness that are related to efforts to prevent, prepare for, protect against, or
respond to a natural disaster, act of
terrorism, or other man-made disaster,
including the use of a weapon of mass
destruction.
(b) Prohibition—The Secretary may
not accept a gift under this section if
the Secretary determines that the use
of the property or services would compromise the integrity or appearance of
integrity of—
(1) a program of the Department; or
(2) an individual involved in a program of the Department.
(c) Report
(1) In general—The Secretary
shall submit to the Committee on
Homeland Security of the House of
Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate an annual report disclosing—
(A) any gifts that were accepted
under this section during the year
covered by the report;
(B) how the gifts contribute to the
mission of the Center for Domestic Preparedness; and
(C) the amount of Federal savings
that were generated from the acceptance of the gifts.
(2) Publication—Each report required under paragraph (1) shall be
made publically* available.

§321n. Acceptance of gifts
(a) Authority—The Secretary may accept and use gifts of property, both real
and personal, and may accept gifts of

* So in original. Probably should be “publicly.”

119

Selected Statutes > 6 U.S.C. § 347

§347. Quadrennial homeland
security review

gram—The Secretary shall ensure
that each review conducted under
this section is coordinated with the
Future Years Homeland Security
Program required under section 454
of this title.
(b) Contents of review—In each quadrennial homeland security review, the
Secretary shall—
(1) delineate and update, as appropriate, the national homeland security
strategy, consistent with appropriate
national and Department strategies,
strategic plans, and Homeland Security Presidential Directives, including the National Strategy for
Homeland Security, the National
Response Plan, and the Department
Security Strategic Plan;

(2) outline and prioritize the full
range of the critical homeland security mission areas of the Nation;
(3) describe the interagency cooperation, preparedness of Federal
response assets, infrastructure, budget plan, and other elements of the
homeland security program and policies of the Nation associated with
the national homeland security strategy, required to execute successfully
the full range of missions called for
in the national homeland security
strategy described in paragraph (1)
and the homeland security mission
areas outlined under paragraph (2);
(4) identify the budget plan required
to provide sufficient resources to
successfully execute the full range
of missions called for in the national homeland security strategy
described in paragraph (1) and the
homeland security mission areas
outlined under paragraph (2);

(5) include an assessment of the
organizational alignment of the De-

(a) Requirement
(1) Quadrennial reviews required—In fiscal year 2009, and every 4 years thereafter, the Secretary
shall conduct a review of the homeland security of the Nation (in this
section referred to as a “quadrennial
homeland security review”).
(2) Scope of reviews—Each quadrennial homeland security review
shall be a comprehensive examination of the homeland security strategy of the Nation, including recommendations regarding the long-term
strategy and priorities of the Nation
for homeland security and guidance
on the programs, assets, capabilities,
budget, policies, and authorities of
the Department.
(3) Consultation—The Secretary
shall conduct each quadrennial
homeland security review under this
subsection in consultation with—

(A) the heads of other Federal
agencies, including the Attorney
General, the Secretary of State,
the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of the Treasury, the Secretary of Agriculture,
and the Director of National Intelligence;
(B) key officials of the Department; and
(C) other relevant governmental
and nongovernmental entities,
including State, local, and tribal
government officials, members
of Congress, private sector representatives, academics, and other
policy experts.
(4) Relationship with future
years homeland security pro120

Selected Statutes > 6 U.S.C. § 347

partment with the national homeland security strategy referred to in
paragraph (1) and the homeland security mission areas outlined under
paragraph (2); and
(6) review and assess the effectiveness of the mechanisms of the Department for executing the process
of turning the requirements developed in the quadrennial homeland
security review into an acquisition
strategy and expenditure plan within
the Department.
(c) Reporting
(1) In general—Not later than December 31 of the year in which a
quadrennial homeland security review is conducted, the Secretary
shall submit to Congress a report regarding that quadrennial homeland
security review.
(2) Contents of report—Each report submitted under paragraph (1)
shall include—
(A) the results of the quadrennial
homeland security review;
(B) a description of the threats to
the assumed or defined national
homeland security interests of the
Nation that were examined for the
purposes of that review;
(C) the national homeland security strategy, including a prioritized
list of the critical homeland security missions of the Nation;

(D) a description of the interagency cooperation, preparedness of Federal response assets,
infrastructure, budget plan, and
other elements of the homeland
security program and policies of
the Nation associated with the national homeland security strategy,
required to execute successfully
the full range of missions called

for in the applicable national
homeland security strategy referred to in subsection (b)(1) and
the homeland security mission
areas outlined under subsection
(b)(2);
(E) an assessment of the organizational alignment of the Department with the applicable national
homeland security strategy referred to in subsection (b)(1) and
the homeland security mission
areas outlined under subsection
(b)(2), including the Department’s organizational structure,
management systems, budget
and accounting systems, human
resources systems, procurement
systems, and physical and technical infrastructure;
(F) a discussion of the status of
cooperation among Federal agencies in the effort to promote national homeland security;
(G) a discussion of the status of
cooperation between the Federal
Government and State, local, and
tribal governments in preventing
terrorist attacks and preparing for
emergency response to threats to
national homeland security;
(H) an explanation of any underlying assumptions used in conducting the review; and
(I) any other matter the Secretary
considers appropriate.
(3) Public availability—The Secretary shall, consistent with the protection of national security and other
sensitive matters, make each report
submitted under paragraph (1) publicly available on the Internet website of the Department.
(d) [Authorization of appropriations]

121

Selected Statutes > 6 U.S.C. § 462

§462. Office of National Capital
Region Coordination

research, and technical support to
assist the efforts of State, local, and
regional authorities in the National
Capital Region in securing the
homeland;
(4) develop a process for receiving
meaningful input from State, local,
and regional authorities and the private sector in the National Capital
Region to assist in the development
of the homeland security plans and
activities of the Federal Government;

(5) coordinate with Federal agencies in the National Capital Region
on terrorism preparedness, to ensure adequate planning, information
sharing, training, and execution of
the Federal role in domestic preparedness activities;
(6) coordinate with Federal, State,
local, and regional agencies, and the
private sector in the National Capital
Region on terrorism preparedness to
ensure adequate planning, information sharing, training, and execution
of domestic preparedness activities
among these agencies and entities;
and
(7) serve as a liaison between the
Federal Government and State, local, and regional authorities, and
private sector entities in the National
Capital Region to facilitate access to
Federal grants and other programs.
(c) Annual report—The Office established under subsection (a) of this
section shall submit an annual report to
Congress that includes—
(1) the identification of the resources
required to fully implement homeland security efforts in the National
Capital Region;

(2) an assessment of the progress
made by the National Capital Re-

(a) Establishment
(1) In general—There is established within the Office of the Secretary the Office of National Capital
Region Coordination, to oversee and
coordinate Federal programs for and
relationships with State, local, and
regional authorities in the National
Capital Region, as defined under
section 2674(f)(2) of title 10.
(2) Director—The Office established under paragraph (1) shall be
headed by a Director, who shall be
appointed by the Secretary.
(3) Cooperation—The Secretary
shall cooperate with the Mayor of
the District of Columbia, the Governors of Maryland and Virginia, and
other State, local, and regional officers in the National Capital Region
to integrate the District of Columbia, Maryland, and Virginia into the
planning, coordination, and execution of the activities of the Federal
Government for the enhancement of
domestic preparedness against the
consequences of terrorist attacks.
(b) Responsibilities—The Office established under subsection (a)(1) of
this section shall—
(1) coordinate the activities of the
Department relating to the National
Capital Region, including cooperation with the Office for State and
Local Government Coordination;
(2) assess, and advocate for, the resources needed by State, local, and
regional authorities in the National
Capital Region to implement efforts
to secure the homeland;
(3) provide State, local, and regional
authorities in the National Capital
Region with regular information,
122

Selected Statutes > 6 U.S.C. §§ 466, 470

gion in implementing homeland security efforts; and

(3) recommendations to Congress
regarding the additional resources
needed to fully implement homeland security efforts in the National
Capital Region.
(d) Limitation—Nothing contained in
this section shall be construed as limiting the power of State and local governments.

Forces is required to fulfill the President’s obligations under the Constitution to respond promptly in time
of war, insurrection, or other serious
emergency.
(5) Existing laws, including chapter 15 of title 10 (commonly known
as the “Insurrection Act”), and the
Robert T. Stafford Disaster Relief
and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), grant the
President broad powers that may
be invoked in the event of domestic emergencies, including an attack
against the Nation using weapons
of mass destruction, and these laws
specifically authorize the President
to use the Armed Forces to help restore public order.
(b) Sense of Congress—Congress
reaffirms the continued importance of
section 1385 of title 18, and it is the
sense of Congress that nothing in this
chapter should be construed to alter the
applicability of such section to any use
of the Armed Forces as a posse comitatus to execute the laws.

§466. Sense of Congress
reaffirming the continued
importance and applicability of
the Posse Comitatus Act
(a) Findings—Congress finds the following:
(1) Section 1385 of title 18 (commonly known as the “Posse Comitatus Act”) prohibits the use of the
Armed Forces as a posse comitatus
to execute the laws except in cases
and under circumstances expressly
authorized by the Constitution or
Act of Congress.
(2) Enacted in 1878, the Posse Comitatus Act was expressly intended
to prevent United States Marshals,
on their own initiative, from calling
on the Army for assistance in enforcing Federal law.

(3) The Posse Comitatus Act has
served the Nation well in limiting
the use of the Armed Forces to enforce the law.

(4) Nevertheless, by its express
terms, the Posse Comitatus Act is
not a complete barrier to the use of
the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use
of the Armed Forces is authorized
by Act of Congress or the President
determines that the use of the Armed

§470. Disclosures regarding
homeland security grants
(a) Definitions—In this section:
(1) Homeland security grant—
The term “homeland security grant”
means any grant made or administered by the Department, including—
(A) the State Homeland Security
Grant Program;
(B) the Urban Area Security Initiative Grant Program;
(C) the Law Enforcement Terrorism Prevention Program;
(D) the Citizen Corps; and
(E) the Metropolitan Medical Re123

Selected Statutes > 6 U.S.C. §§ 470, 526

sponse System.
(2) Local government—The term
“local government” has the meaning
given the term in section 101 of this
title.
(b) Required disclosures—Each State
or local government that receives a
homeland security grant shall, not later
than 12 months after the later of October 13, 2006, and the date of receipt
of such grant, and every 12 months
thereafter until all funds provided under such grant are expended, submit a
report to the Secretary that contains a
list of all expenditures made by such
State or local government using funds
from such grant.

and other man-made disasters or
threats to public safety.
(b)
Implementation
Requirements.—In carrying out subsection (a)
the Administrator shall—
(1) establish or adopt, as appropriate, common alerting and warning
protocols, standards, terminology,
and operating procedures for the
public alert and warning system;
(2) include in the public alert and
warning system the capability to
adapt the distribution and content
of communications on the basis of
geographic location, risks, and multiple communication systems and
technologies, as appropriate and to
the extent technically feasible;
(3) include in the public alert and
warning system the capability to
alert, warn, and provide equivalent
information to individuals with disabilities, individuals with access and
functional needs, and individuals
with limited-English proficiency, to
the extent technically feasible;
(4) ensure that training, tests, and
exercises are conducted for the public alert and warning system, including by—
(A) incorporating the public alert
and warning system into other
training and exercise programs of
the Department, as appropriate;
(B) establishing and integrating
into the National Incident Management System a comprehensive
and periodic training program
to instruct and educate Federal,
State, tribal, and local government officials in the use of the
Common Alerting Protocol enabled Emergency Alert System;
and
 (C) Time period. conducting, not

§ 526. Integrated Public Alert and
Warning System Modernization
(a) In General.—To provide timely
and effective warnings regarding natural disasters, acts of terrorism, and
other man-made disasters or threats
to public safety, the Administrator
shall—

(1) modernize the integrated public alert and warning system of the
United States (in this section referred to as the `public alert and
warning system’) to help ensure that
under all conditions the President
and, except to the extent the public
alert and warning system is in use by
the President, Federal agencies and
State, tribal, and local governments
can alert and warn the civilian population in areas endangered by natural
disasters, acts of terrorism, and other man-made disasters or threats to
public safety; and
(2) implement the public alert and
warning system to disseminate timely and effective warnings regarding
natural disasters, acts of terrorism,
124

Selected Statutes > 6 U.S.C. § 526

less than once every 3 years, periodic nationwide tests of the public
alert and warning system;
(5) to the extent practicable, ensure
that the public alert and warning
system is resilient and secure and
can withstand acts of terrorism and
other external attacks;
(6) conduct public education efforts
so that State, tribal, and local governments, private entities, and the
people of the United States reasonably understand the functions of the
public alert and warning system and
how to access, use, and respond to
information from the public alert
and warning system through a general market awareness campaign;
(7) Consultation. Coordination.
consult, coordinate, and cooperate
with the appropriate private sector
entities and Federal, State, tribal,
and local governmental authorities,
including the Regional Administrators and emergency response providers;
(8) Consultation. Coordination.
consult and coordinate with the Federal Communications Commission,
taking into account rules and regulations promulgated by the Federal
Communications Commission; and
(9) coordinate with and consider the
recommendations of the Integrated
Public Alert and Warning System
Subcommittee established under
section 2(b) of the Integrated Public
Alert and Warning System Modernization Act of 2015.
(c) System Requirements.—The public alert and warning system shall—
(1) to the extent determined appropriate by the Administrator, incorporate multiple communications technologies;

(2) be designed to adapt to, and incorporate, future technologies for
communicating directly with the
public;
(3) to the extent technically feasible,
be designed—
(A) to provide alerts to the largest
portion of the affected population
feasible, including nonresident
visitors and tourists, individuals
with disabilities, individuals with
access and functional needs, and
individuals with limited-English
proficiency; and
(B) to improve the ability of remote areas to receive alerts;
(4) promote local and regional public and private partnerships to enhance community preparedness and
response;

(5) provide redundant alert mechanisms where practicable so as to
reach the greatest number of people;
and
(6) to the extent feasible, include a
mechanism to ensure the protection
of individual privacy.
(d) Use of System.—Except to the
extent necessary for testing the public
alert and warning system, the public
alert and warning system shall not be
used to transmit a message that does
not relate to a natural disaster, act of
terrorism, or other man-made disaster
or threat to public safety.
(e) Performance Reports. [Requires
reports to congress and on website]
(b) Integrated Public Alert and
Warning System Subcommittee.
[Creates NAC Subcommittee chaired
by the Deputy Administrator for Protection and National Preparedness; expires after 3 years]

125

Selected Statutes > 6 U.S.C. § 571

(c) Authorization of Appropriations.
[Authorizes appropriations through
2018]
(d) Limitations on Statutory Construction.—[Preserves other Departments and Agency Authorities]

ernment officials with respect to use
of interoperable emergency communications capabilities;

(7) coordinate with the Regional
Administrators regarding the activities of Regional Emergency Communications Coordination Working
Groups under section 575 of this
title;

(8) promote the development of
standard operating procedures and
best practices with respect to use
of interoperable emergency communications capabilities for incident
response, and facilitate the sharing
of information on such best practices for achieving, maintaining, and
enhancing interoperable emergency
communications capabilities for
such response;
(9) coordinate, in cooperation with
the National Communications System, the establishment of a national
response capability with initial and
ongoing planning, implementation,
and training for the deployment of
communications equipment for relevant State, local, and tribal governments and emergency response providers in the event of a catastrophic
loss of local and regional emergency
communications services;
(10) assist the President, the National Security Council, the Homeland
Security Council, and the Director
of the Office of Management and
Budget in ensuring the continued
operation of the telecommunications functions and responsibilities
of the Federal Government, excluding spectrum management;
(11) establish, in coordination with
the Director of the Office for Interoperability and Compatibility, requirements for interoperable emergency communications capabilities,

§571. Office of Emergency
Communications
(a) [In general].
(b) [Director]
(c) Responsibilities—The Director for
Emergency Communications shall—
(1) assist the Secretary in developing and implementing the program
described in section 194(a)(1) of
this title, except as provided in section 195 of this title;
(2) administer the Department’s responsibilities and authorities relating to the SAFECOM Program, excluding elements related to research,
development, testing, and evaluation
and standards;
(3) administer the Department’s responsibilities and authorities relating to the Integrated Wireless Network program;

(4) conduct extensive, nationwide
outreach to support and promote the
ability of emergency response providers and relevant government officials to continue to communicate
in the event of natural disasters, acts
of terrorism, and other man-made
disasters;

(5) conduct extensive, nationwide
outreach and foster the development
of interoperable emergency communications capabilities by State,
regional, local, and tribal governments and public safety agencies,
and by regional consortia thereof;
(6) provide technical assistance to
State, regional, local, and tribal gov126

Selected Statutes > 6 U.S.C. § 579

which shall be nonproprietary where
standards for such capabilities exist,
for all public safety radio and data
communications systems and equipment purchased using homeland
security assistance administered by
the Department, excluding any alert
and warning device, technology, or
system;
(12) review, in consultation with the
Assistant Secretary for Grants and
Training, all interoperable emergency communications plans of
Federal, State, local, and tribal governments, including Statewide and
tactical interoperability plans, developed pursuant to homeland security assistance administered by the
Department, but excluding spectrum
allocation and management related
to such plans;
(13) develop and update periodically, as appropriate, a National Emergency Communications Plan under
section 572 of this title;

(14) perform such other duties of
the Department necessary to support
and promote the ability of emergency response providers and relevant
government officials to continue to
communicate in the event of natural
disasters, acts of terrorism, and other
man-made disasters; and
(15) perform other duties of the Department necessary to achieve the
goal of and maintain and enhance
interoperable emergency communications capabilities.
(d) [Performance of previously transferred functions]
(e) Coordination—The Director for
Emergency Communications shall coordinate—
(1) as appropriate, with the Director
of the Office for Interoperability and

Compatibility with respect to the
responsibilities described in section
195 of this title; and

(2) with the Administrator of the
Federal Emergency Management
Agency with respect to the responsibilities described in this subchapter.
(f) [Sufficiency of resources plan]
§579. Interoperable Emergency
Communications Grant Program
(a) Establishment—The Secretary
shall establish the Interoperable Emergency Communications Grant Program to make grants to States to carry
out initiatives to improve local, tribal,
statewide, regional, national and, where
appropriate, international interoperable
emergency communications, including
communications in collective response
to natural disasters, acts of terrorism,
and other man-made disasters.
(b) Policy—The Director for Emergency Communications shall ensure
that a grant awarded to a State under
this section is consistent with the policies established pursuant to the responsibilities and authorities of the Office
of Emergency Communications under
this subchapter, including ensuring that
activities funded by the grant—
(1) comply with the statewide plan
for that State required by section
194(f) of this title; and
(2) comply with the National Emergency Communications Plan under
section 572 of this title, when completed.
(c) Administration
(1) In general—The Administrator
of the Federal Emergency Management Agency shall administer the
Interoperable Emergency Communications Grant Program pursuant to
the responsibilities and authorities
127

Selected Statutes > 6 U.S.C. § 579

of the Administrator under subchapter V.
(2) Guidance—In administering the
grant program, the Administrator
shall ensure that the use of grants
is consistent with guidance established by the Director of Emergency
Communications pursuant to section
194(a)(1)(H) of this title.
(d) Use of funds—A State that receives a grant under this section shall
use the grant to implement that State’s
Statewide Interoperability Plan required under section 194(f) of this title
and approved under subsection (e), and
to assist with activities determined by
the Secretary to be integral to interoperable emergency communications.
(e) Approval of plans
(1) Approval as condition of
grant—Before a State may receive
a grant under this section, the Director of Emergency Communications
shall approve the State’s Statewide
Interoperable Communications Plan
required under section 194(f) of this
title.
(2) Plan requirements—In approving a plan under this subsection, the
Director of Emergency Communications shall ensure that the plan—

(A) is designed to improve interoperability at the city, county,
regional, State and interstate
level;
(B) considers any applicable local
or regional plan; and
(C) complies, to the maximum extent practicable, with the National
Emergency Communications Plan
under section 572 of this title.
(3) Approval of revisions—The Director of Emergency Communications
may approve revisions to a State’s plan
if the Director determines that doing so

is likely to further interoperability.
(f) Limitations on uses of funds
(1) In general—The recipient of a
grant under this section may not use
the grant—

(A) to supplant State or local
funds;
(B) for any State or local government cost-sharing contribution; or
(C) for recreational or social purposes.
(2) Penalties—In addition to other
remedies currently available, the
Secretary may take such actions as
necessary to ensure that recipients
of grant funds are using the funds
for the purpose for which they were
intended.
(g) Limitations on award of grants
(1)Nationalemergencycommunications plan required—The Secretary
may not award a grant under this
section before the date on which the
Secretary completes and submits to
Congress the National Emergency
Communications Plan required under section 572 of this title.

(2) Voluntary consensus standards—The Secretary may not
award a grant to a State under this
section for the purchase of equipment that does not meet applicable
voluntary consensus standards, unless the State demonstrates that there
are compelling reasons for such purchase.
(h) Award of grants—In approving
applications and awarding grants under this section, the Secretary shall
consider—
(1) the risk posed to each State by
natural disasters, acts of terrorism,
or other manmade disasters, including—

128

Selected Statutes > 6 U.S.C. § 579

(A) the likely need of a jurisdiction within the State to respond to
such risk in nearby jurisdictions;
(B) the degree of threat, vulnerability, and consequences related
to critical infrastructure (from all
critical infrastructure sectors) or
key resources identified by the
Administrator or the State homeland security and emergency management plans, including threats
to, vulnerabilities of, and consequences from damage to critical
infrastructure and key resources
in nearby jurisdictions;
(C) the size of the population and
density of the population of the
State, including appropriate consideration of military, tourist, and
commuter populations;
(D) whether the State is on or near
an international border;
(E) whether the State encompasses an economically significant
border crossing; and
(F) whether the State has a coastline bordering an ocean, a major
waterway used for interstate commerce, or international waters;
and
(2) the anticipated effectiveness of
the State’s proposed use of grant
funds to improve interoperability.
(i) Opportunity to amend applications—In considering applications for
grants under this section, the Administrator shall provide applicants with a
reasonable opportunity to correct defects in the application, if any, before
making final awards.
(j) Minimum grant amounts
(1) States—In awarding grants under this section, the Secretary shall
ensure that for each fiscal year, except as provided in paragraph (2), no

State receives a grant in an amount
that is less than the following percentage of the total amount appropriated for grants under this section
for that fiscal year:
(A) For fiscal year 2008, 0.50 percent.
(B) For fiscal year 2009, 0.50 percent.
(C) For fiscal year 2010, 0.45 percent.
(D) For fiscal year 2011, 0.40 percent.
(E) For fiscal year 2012 and each
subsequent fiscal year, 0.35 percent.
(2) Territories and possessions—
In awarding grants under this section, the Secretary shall ensure
that for each fiscal year, American
Samoa, the Commonwealth of the
Northern Mariana Islands, Guam,
and the Virgin Islands each receive
grants in amounts that are not less
than 0.08 percent of the total amount
appropriated for grants under this
section for that fiscal year.
(k) Certification—Each State that
receives a grant under this section
shall certify that the grant is used for
the purpose for which the funds were
intended and in compliance with the
State’s approved Statewide Interoperable Communications Plan.
(l) State responsibilities
(1) Availability of funds to
local and tribal governments—
Not later than 45 days after receiving
grant funds, any State that receives a
grant under this section shall obligate or otherwise make available to
local and tribal governments—
(A) not less than 80 percent of the
grant funds;

129

Selected Statutes > 6 U.S.C. §§ 579, 601

(B) with the consent of local and
tribal governments, eligible expenditures having a value of not
less than 80 percent of the amount
of the grant; or
 
(C) grant funds combined with
other eligible expenditures having a total value of not less than
80 percent of the amount of the
grant.
(2) Allocation of funds—A State
that receives a grant under this section shall allocate grant funds to
tribal governments in the State to assist tribal communities in improving
interoperable communications, in a
manner consistent with the Statewide Interoperable Communications Plan. A State may not impose
unreasonable or unduly burdensome
requirements on a tribal government
as a condition of providing grant
funds or resources to the tribal government.
(3) Penalties—If a State violates
the requirements of this subsection, in addition to other remedies
available to the Secretary, the Secretary may terminate or reduce the
amount of the grant awarded to that
State or transfer grant funds previously awarded to the State directly
to the appropriate local or tribal
government.
(m) Reports
(1) Annual reports by State grant
recipients—A State that receives a
grant under this section shall annually submit to the Director of Emergency Communications a report on
the progress of the State in implementing that State’s Statewide Interoperable Communications Plans
required under section 194(f) of this
title and achieving interoperability at
the city, county, regional, State, and

interstate levels. The Director shall
make the reports publicly available,
including by making them available
on the Internet website of the Office
of Emergency Communications,
subject to any redactions that the
Director determines are necessary to
protect classified or other sensitive
information.
(2) Annual reports to Congress—
At least once each year, the Director of Emergency Communications
shall submit to Congress a report
on the use of grants awarded under this section and any progress in
implementing Statewide Interoperable Communications Plans and improving interoperability at the city,
county, regional, State, and interstate level, as a result of the award
of such grants.
(n) Rule of construction—Nothing in
this section shall be construed or interpreted to preclude a State from using
a grant awarded under this section for
interim or long-term Internet Protocolbased interoperable solutions.
(o) Authorization of appropriations—There are authorized to be
appropriated for grants under this
section—
(1) for fiscal year 2008, such sums
as may be necessary;
(2) for each of fiscal years 2009
through 2012, $400,000,000; and
(3) for each subsequent fiscal year,
such sums as may be necessary.
§601. Definitions
In this subchapter, the following definitions shall apply:
(1) Administrator—The term “Administrator” means the Administrator
of the Federal Emergency Management Agency.
130

Selected Statutes > 6 U.S.C. § 601

(2) Appropriate committees of Congress—The term “appropriate committees of Congress” means—

(A) the Committee on Homeland
Security and Governmental Affairs
of the Senate; and
(B) those committees of the House
of Representatives that the Speaker
of the House of Representatives determines appropriate.
(3)Criticalinfrastructuresectors—
The term “critical infrastructure sectors” means the following sectors, in
both urban and rural areas:
(A) Agriculture and food.
(B) Banking and finance.
(C) Chemical industries.
(D) Commercial facilities.

(E) Commercial nuclear reactors,
materials, and waste.
(F) Dams.
(G) The defense industrial base.
(H) Emergency services.
(I) Energy.
(J) Government facilities.
(K) Information technology.
(L) National monuments and icons.
(M) Postal and shipping.
(N) Public health and health care.
(O) Telecommunications.
(P) Transportation systems.
(Q) Water.
(4) Directly eligible tribe—The term
“directly eligible tribe” means—
(A) any Indian tribe—
(i) that is located in the continental United States;
(ii) that operates a law enforcement or emergency response
agency with the capacity to respond to calls for law enforcement or emergency services;

(iii)(I) that is located on or near an
international border or a coastline
bordering an ocean (including the
Gulf of Mexico) or international
waters;

(II) that is located within 10
miles of a system or asset included on the prioritized critical infrastructure list established under section 124l(a)(2)
of this title or has such a system
or asset within its territory;
(III) that is located within or
contiguous to 1 of the 50 most
populous metropolitan statistical areas in the United States;
or
(IV) the jurisdiction of which
includes not less than 1,000
square miles of Indian country,
as that term is defined in section 1151 of title 18; and
(iv) that certifies to the Secretary that a State has not provided
funds under section 604 or 605
of this title to the Indian tribe or
consortium of Indian tribes for the
purpose for which direct funding
is sought; and
(B) a consortium of Indian tribes, if
each tribe satisfies the requirements
of subparagraph (A).
(5) Eligible metropolitan area—The
term “eligible metropolitan area”
means any of the 100 most populous
metropolitan statistical areas in the
United States.
(6) High-risk urban area—The term
“high-risk urban area” means a highrisk urban area designated under section 604(b)(3)(A) of this title.
(7) Indian tribe—The term “Indian
tribe” has the meaning given that term
in section 450b(e) of title 25.
(8) Metropolitan statistical area—
131

Selected Statutes > 6 U.S.C. § 603

The term “metropolitan statistical
area” means a metropolitan statistical
area, as defined by the Office of Management and Budget.
(9) National Special Security
Event—The term “National Special
Security Event” means a designated
event that, by virtue of its political,
economic, social, or religious significance, may be the target of terrorism or
other criminal activity.
(10) Population—The term “population” means population according to
the most recent United States census
population estimates available at the
start of the relevant fiscal year.
(11) Population density—The term
“population density” means population
divided by land area in square miles.
(12)
Qualified
intelligence
analyst—The term “qualified intelligence analyst” means an intelligence
analyst (as that term is defined in section 124h(j) of this title), including law
enforcement personnel—
(A) who has successfully completed
training to ensure baseline proficiency in intelligence analysis and
production, as determined by the
Secretary, which may include training using a curriculum developed
under section 124f of this title; or

(B) whose experience ensures
baseline proficiency in intelligence
analysis and production equivalent
to the training required under subparagraph (A), as determined by the
Secretary.
(13) Target capabilities—The term
“target capabilities” means the target
capabilities for Federal, State, local,
and tribal government preparedness
for which guidelines are required to be
established under section 746(a) of this
title.

(14) Tribal government—The term
“tribal government” means the government of an Indian tribe.
§603. Homeland security grant
programs
(a) Grants authorized—The Secretary, through the Administrator, may
award grants under sections 604 and
605 of this title to State, local, and
tribal governments.
(b) Programs not affected—This part
shall not be construed to affect any of
the following Federal programs:
(1) Firefighter and other assistance
programs authorized under the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2201 et seq.).

(2) Grants authorized under the
Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(3) Emergency Management Performance Grants under the amendments
made by title II of the Implementing
Recommendations of the 9/11 Commission Act of 2007.

(4) Grants to protect critical infrastructure, including port security grants authorized under section
70107 of title 46 and the grants authorized under title1 XIV and XV
of the Implementing Recommendations of the 9/11 Commission Act of
2007 [6 U.S.C. 1131 et seq., 1151 et
seq.] and the amendments made by
such titles.
(5) The Metropolitan Medical Response System authorized under
section 723 of this title.

(6) The Interoperable Emergency
Communications Grant Program
authorized under subchapter XIII.
1. So in original. Probably should be “titles.”

132

Selected Statutes > 6 U.S.C. § 604

(7) Grant programs other than those
administered by the Department.
(c) Relationship to other laws
(1) In general—The grant programs
authorized under sections 604 and
605 of this title shall supercede all
grant programs authorized under
section 3714 of title 42.
(2) Allocation—The allocation of
grants authorized under section 604
or 605 of this title shall be governed
by the terms of this part and not by
any other provision of law.


(B) Submission of information by
eligible metropolitan areas—
Prior to conducting each initial
assessment under subparagraph
(A), the Administrator shall provide each eligible metropolitan
area with, and shall notify each
eligible metropolitan area of, the
opportunity to—
(i) submit information that the
eligible metropolitan area believes to be relevant to the determination of the threat, vulnerability, and consequences
it faces from acts of terrorism;
and
(ii) review the risk assessment
conducted by the Department
of that eligible metropolitan
area, including the bases for the
assessment by the Department
of the threat, vulnerability, and
consequences from acts of terrorism faced by that eligible
metropolitan area, and remedy
erroneous or incomplete information.
(3) Designation of high-risk urban
areas—
(A) Designation—

(i) In general—For each fiscal year, after conducting the
initial assessment under paragraph (2), and based on that
assessment, the Administrator
shall designate high-risk urban
areas that may submit applications for grants under this section.

(ii) Additional areas—Notwithstanding paragraph (2), the
Administrator may—

(I) in any case where an
eligible metropolitan area
consists of more than 1 met-

§604. Urban Area Security Initiative
(a) Establishment—There is established an Urban Area Security Initiative to provide grants to assist high-risk
urban areas in preventing, preparing
for, protecting against, and responding
to acts of terrorism.
(b) Assessment and designation of
high-risk urban areas
(1) In general—The Administrator
shall designate high-risk urban areas
to receive grants under this section
based on procedures under this subsection.
(2) Initial assessment—

(A) In general—For each fiscal year, the Administrator shall
conduct an initial assessment of
the relative threat, vulnerability,
and consequences from acts of
terrorism faced by each eligible
metropolitan area, including consideration of—
(i) the factors set forth in subparagraphs (A) through (H)
and (K) of section 608(a)(1) of
this title; and
(ii) information and materials
submitted under subparagraph
(B).
133

Selected Statutes > 6 U.S.C. § 604

ropolitan division (as that
term is defined by the Office
of Management and Budget) designate more than 1
high-risk urban area within a
single eligible metropolitan
area; and
(II) designate an area that is
not an eligible metropolitan
area as a high-risk urban area
based on the assessment by
the Administrator of the relative threat, vulnerability, and
consequences from acts of
terrorism faced by the area.

(iii) Rule of construction—
Nothing in this subsection may
be construed to require the Administrator to—

(I) designate all eligible
metropolitan areas that submit information to the Administrator under paragraph
(2)(B)(i) as high-risk urban
areas; or
(II) designate all areas within
an eligible metropolitan area
as part of the high-risk urban
area.

(B) Jurisdictions included in
high-risk urban areas—

(i) In general—In designating high-risk urban areas under
subparagraph (A), the Administrator shall determine which
jurisdictions, at a minimum,
shall be included in each highrisk urban area.

(ii)Additionaljurisdictions—
A high-risk urban area designated by the Administrator
may, in consultation with the
State or States in which such
high-risk urban area is located,
add additional jurisdictions to

the high-risk urban area.
(c) Application
(1) In general—An area designated
as a high-risk urban area under subsection (b) may apply for a grant under this section.
(2) Minimum contents of application—In an application for a grant
under this section, a high-risk urban
area shall submit—
(A) a plan describing the proposed
division of responsibilities and
distribution of funding among the
local and tribal governments in
the high-risk urban area;
(B) the name of an individual to
serve as a high-risk urban area
liaison with the Department and
among the various jurisdictions in
the high-risk urban area; and
(C) such information in support of
the application as the Administrator may reasonably require.
(3) Annual applications—Applicants for grants under this section
shall apply or reapply on an annual
basis.
(4)
State
review
and
transmission—

(A) In general—To ensure consistency with State homeland
security plans, a high-risk urban
area applying for a grant under
this section shall submit its application to each State within which
any part of that high-risk urban
area is located for review before
submission of such application to
the Department.

(B) Deadline—Not later than 30
days after receiving an application from a high-risk urban area
under subparagraph (A), a State
shall transmit the application to
the Department.
134

Selected Statutes > 6 U.S.C. § 604


(C) Opportunity for State comment—If the Governor of a State
determines that an application of
a high-risk urban area is inconsistent with the State homeland
security plan of that State, or otherwise does not support the application, the Governor shall—
(i) notify the Administrator, in
writing, of that fact; and
(ii) provide an explanation of
the reason for not supporting
the application at the time of
transmission of the application.
(5) Opportunity to amend—In
considering applications for grants
under this section, the Administrator shall provide applicants with a
reasonable opportunity to correct
defects in the application, if any, before making final awards.
(d) Distribution of awards
(1) In general—If the Administrator
approves the application of a highrisk urban area for a grant under this
section, the Administrator shall distribute the grant funds to the State or
States in which that high-risk urban
area is located.
(2) State distribution of funds—

(A) In general—Not later than
45 days after the date that a State
receives grant funds under paragraph (1), that State shall provide
the high-risk urban area awarded
that grant not less than 80 percent
of the grant funds. Any funds retained by a State shall be expended on items, services, or activities
that benefit the high-risk urban
area.

(B) Funds retained—AState shall
provide each relevant high-risk
urban area with an accounting of

the items, services, or activities
on which any funds retained by
the State under subparagraph (A)
were expended.
(3) Interstate urban areas—If parts
of a high-risk urban area awarded a
grant under this section are located
in 2 or more States, the Administrator shall distribute to each such
State—
(A) a portion of the grant funds
in accordance with the proposed
distribution set forth in the application; or
(B) if no agreement on distribution has been reached, a portion
of the grant funds determined by
the Administrator to be appropriate.
(4) Certifications regarding
distribution of grant funds to
high-risk urban areas—A State
that receives grant funds under paragraph (1) shall certify to the Administrator that the State has made
available to the applicable high-risk
urban area the required funds under
paragraph (2).
(e) Authorization of appropriations—There are authorized to be
appropriated for grants under this section—
(1) $850,000,000 for fiscal year
2008;
(2) $950,000,000 for fiscal year
2009;
(3) $1,050,000,000 for fiscal year
2010;
(4) $1,150,000,000 for fiscal year
2011;
(5) $1,300,000,000 for fiscal year
2012; and
(6) such sums as are necessary for
fiscal year 2013, and each fiscal year
135

Selected Statutes > 6 U.S.C. § 605

thereafter.

security plan—
(A) not less than 80 percent of the
grant funds;
(B) with the consent of local and
tribal governments, items, services, or activities having a value
of not less than 80 percent of the
amount of the grant; or
(C) with the consent of local and
tribal governments, grant funds
combined with other items, services, or activities having a total
value of not less than 80 percent
of the amount of the grant.
(2) Certifications regarding distribution of grant funds to local
governments—A State shall certify
to the Administrator that the State
has made the distribution to local
and tribal governments required under paragraph (1).
(3) Extension of period—The Governor of a State may request in writing that the Administrator extend
the period under paragraph (1) for
an additional period of time. The
Administrator may approve such
a request if the Administrator determines that the resulting delay in
providing grant funding to the local
and tribal governments is necessary
to promote effective investments to
prevent, prepare for, protect against,
or respond to acts of terrorism.
(4) Exception—Paragraph (1) shall
not apply to the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the Virgin
Islands.
(5) Direct funding—If a State fails
to make the distribution to local or
tribal governments required under
paragraph (1) in a timely fashion, a

§605. State Homeland Security
Grant Program
(a) Establishment—There is established a State Homeland Security
Grant Program to assist State, local,
and tribal governments in preventing,
preparing for, protecting against, and
responding to acts of terrorism.
(b) Application
(1) In general—Each State may apply for a grant under this section,
and shall submit such information in
support of the application as the Administrator may reasonably require.
(2) Minimum contents of application—The Administrator shall require that each State include in its
application, at a minimum—

(A) the purpose for which the
State seeks grant funds and the
reasons why the State needs the
grant to meet the target capabilities of that State;
(B) a description of how the State
plans to allocate the grant funds
to local governments and Indian
tribes; and

(C) a budget showing how the
State intends to expend the grant
funds.
(3) Annual applications—Applicants for grants under this section
shall apply or reapply on an annual
basis.
(c) Distribution to local and tribal
governments
(1) In general—Not later than 45
days after receiving grant funds, any
State receiving a grant under this
section shall make available to local
and tribal governments, consistent
with the applicable State homeland
136

Selected Statutes > 6 U.S.C. § 605

local or tribal government entitled
to receive such distribution may petition the Administrator to request
that grant funds be provided directly
to the local or tribal government.
(d) Multistate applications
(1) In general—Instead of, or in addition to, any application for a grant
under subsection (b), 2 or more
States may submit an application
for a grant under this section in support of multistate efforts to prevent,
prepare for, protect against, and respond to acts of terrorism.
(2) Administration of grant—If
a group of States applies for a
grant under this section, such States
shall submit to the Administrator
at the time of application a plan
describing—
(A) the division of responsibilities
for administering the grant; and

(B) the distribution of funding
among the States that are parties
to the application.
(e) Minimum allocation
(1) In general—In allocating funds
under this section, the Administrator
shall ensure that—
(A) except as provided in subparagraph (B), each State receives,
from the funds appropriated for
the State Homeland Security
Grant Program established under this section, not less than an
amount equal to—

(i) 0.375 percent of the total
funds appropriated for grants
under this section and section
604 of this title in fiscal year
2008;
(ii) 0.365 percent of the total
funds appropriated for grants
under this section and section
604 of this title in fiscal year

2009;
(iii) 0.36 percent of the total
funds appropriated for grants
under this section and section
604 of this title in fiscal year
2010;
(iv) 0.355 percent of the total
funds appropriated for grants
under this section and section
604 of this title in fiscal year
2011; and

(v) 0.35 percent of the total
funds appropriated for grants
under this section and section
604 of this title in fiscal year
2012 and in each fiscal year
thereafter; and
(B) for each fiscal year, American
Samoa, the Commonwealth of the
Northern Mariana Islands, Guam,
and the Virgin Islands each receive, from the funds appropriated for the State Homeland Security Grant Program established
under this section, not less than
an amount equal to 0.08 percent
of the total funds appropriated for
grants under this section and section 604 of this title.
(2) Effect of multistate award on
State minimum—Any portion of a
multistate award provided to a State
under subsection (d) shall be considered in calculating the minimum
State allocation under this subsection.
(f) Authorization of appropriations—There are authorized to be
appropriated for grants under this
section—
(1) $950,000,000 for each of fiscal
years 2008 through 2012; and
(2) such sums as are necessary for
fiscal year 2013, and each fiscal year
thereafter.
137

Selected Statutes > 6 U.S.C. § 606

§606. Grants to directly eligible
tribes

of which any part of a directly eligible
tribe is located of the approval of an
application by the tribe.
(e) Prioritization—The Administrator
shall allocate funds to directly eligible
tribes in accordance with the factors
applicable to allocating funds among
States under section 608 of this title.
(f) Distribution of awards to directly
eligible tribes—If the Administrator
awards funds to a directly eligible tribe
under this section, the Administrator
shall distribute the grant funds directly
to the tribe and not through any State.
(g) Minimum allocation
(1) In general—In allocating funds
under this section, the Administrator shall ensure that, for each fiscal
year, directly eligible tribes collectively receive, from the funds appropriated for the State Homeland
Security Grant Program established
under section 605 of this title, not
less than an amount equal to 0.1 percent of the total funds appropriated
for grants under sections 604 and
605 of this title.
(2) Exception—This subsection
shall not apply in any fiscal year in
which the Administrator—
(A) receives fewer than 5 applications under this section; or
(B) does not approve at least 2 applications under this section.
(h) Tribal liaison—A directly eligible
tribe applying for a grant under section
605 of this title shall designate an individual to serve as a tribal liaison with
the Department and other Federal,
State, local, and regional government
officials concerning preventing, preparing for, protecting against, and responding to acts of terrorism.
(i) Eligibility for other funds—A directly eligible tribe that receives a grant

(a) In general—Notwithstanding section 605(b) of this title, the Administrator may award grants to directly
eligible tribes under section 605 of this
title.
(b) Tribal applications—A directly
eligible tribe may apply for a grant
under section 605 of this title by submitting an application to the Administrator that includes, as appropriate, the
information required for an application
by a State under section 605(b) of this
title.
(c) Consistency with State plans
(1) In general—To ensure consistency with any applicable State
homeland security plan, a directly
eligible tribe applying for a grant
under section 605 of this title shall
provide a copy of its application to
each State within which any part of
the tribe is located for review before
the tribe submits such application to
the Department.
(2) Opportunity for comment—If
the Governor of a State determines
that the application of a directly eligible tribe is inconsistent with the
State homeland security plan of that
State, or otherwise does not support
the application, not later than 30
days after the date of receipt of that
application the Governor shall—
(A) notify the Administrator, in
writing, of that fact; and
(B) provide an explanation of the
reason for not supporting the application.
(d) Final authority—The Administrator shall have final authority to
approve any application of a directly
eligible tribe. The Administrator shall
notify each State within the boundaries
138

Selected Statutes > 6 U.S.C. §§ 606, 607

under section 605 of this title may receive funds for other purposes under a
grant from the State or States within the
boundaries of which any part of such
tribe is located and from any high-risk
urban area of which it is a part, consistent with the homeland security plan of
the State or high-risk urban area.
(j) State obligations
(1) In general—States shall be responsible for allocating grant funds
received under section 605 of this
title to tribal governments in order to help those tribal communities achieve target capabilities not
achieved through grants to directly
eligible tribes.
(2) Distribution of grant funds—
With respect to a grant to a State under section 605 of this title, an Indian
tribe shall be eligible for funding directly from that State, and shall not
be required to seek funding from any
local government.
(3) Imposition of requirements—A
State may not impose unreasonable
or unduly burdensome requirements
on an Indian tribe as a condition of
providing the Indian tribe with grant
funds or resources under section 605
of this title.
(k) Rule of construction—Nothing in
this section shall be construed to affect
the authority of an Indian tribe that receives funds under this part.

tion activities.
(2) Law enforcement terrorism
prevention activities—Law enforcement terrorism prevention activities include—
(A) information sharing and analysis;
(B) target hardening;

(C) threat recognition;
(D) terrorist interdiction;
(E) training exercises to enhance
preparedness for and response to
mass casualty and active shooter
incidents and security events at
public locations, including airports and mass transit systems;
(F) overtime expenses consistent
with a State homeland security
plan, including for the provision
of enhanced law enforcement
operations in support of Federal
agencies, including for increased
border security and border crossing enforcement;
(G) establishing, enhancing, and
staffing with appropriately qualified personnel State, local, and
regional fusion centers that comply with the guidelines established
under section 124h(i) of this title;
(H) paying salaries and benefits
for personnel, including individuals employed by the grant recipient on the date of the relevant
grant application, to serve as qualified intelligence analysts;
(I) any other activity permitted under the Fiscal Year 2007 Program
Guidance of the Department for
the Law Enforcement Terrorism
Prevention Program; and
(J) any other terrorism prevention
activity authorized by the Administrator.

§607. Terrorism prevention
(a) Law enforcement terrorism prevention program
(1) In general—The Administrator
shall ensure that not less than 25 percent of the total combined funds appropriated for grants under sections
604 and 605 of this title is used for
law enforcement terrorism preven139

Selected Statutes > 6 U.S.C. § 607

( 3)Participationofunderrepresented
communities in fusion centers—The
Administrator shall ensure that grant
funds described in paragraph (1) are
used to support the participation, as
appropriate, of law enforcement and
other emergency response providers
from rural and other underrepresented
communities at risk from acts of terrorism in fusion centers.
(b) Office for State and Local Law
Enforcement
(1) Establishment—There is established in the Policy Directorate of
the Department an Office for State
and Local Law Enforcement, which
shall be headed by an Assistant Secretary for State and Local Law Enforcement.
(2) Qualifications—The Assistant
Secretary for State and Local Law
Enforcement shall have an appropriate background with experience in
law enforcement, intelligence, and
other counterterrorism functions.
(3) Assignment of personnel—The
Secretary shall assign to the Office
for State and Local Law Enforcement permanent staff and, as appropriate and consistent with sections
316(c)(2), 381, and 468(d) of this
title, other appropriate personnel detailed from other components of the
Department to carry out the responsibilities under this subsection.
(4) Responsibilities—The Assistant
Secretary for State and Local Law
Enforcement shall—
(A) lead the coordination of Department-wide policies relating
to the role of State and local law
enforcement in preventing, preparing for, protecting against, and
responding to natural disasters,
acts of terrorism, and other man-

made disasters within the United
States;

(B) serve as a liaison between
State, local, and tribal law enforcement agencies and the Department;
(C) coordinate with the Office of
Intelligence and Analysis to ensure the intelligence and information sharing requirements of State,
local, and tribal law enforcement
agencies are being addressed;
(D) work with the Administrator
to ensure that law enforcement
and terrorism-focused grants to
State, local, and tribal government agencies, including grants
under sections 604 and 605 of
this title, the Commercial Equipment Direct Assistance Program,
and other grants administered by
the Department to support fusion
centers and law enforcement-oriented programs, are appropriately
focused on terrorism prevention
activities;
(E) coordinate with the Science
and Technology Directorate, the
Federal Emergency Management Agency, the Department of
Justice, the National Institute of
Justice, law enforcement organizations, and other appropriate entities to support the development,
promulgation, and updating, as
necessary, of national voluntary
consensus standards for training
and personal protective equipment to be used in a tactical environment by law enforcement
officers; and
(F) conduct, jointly with the Administrator, a study to determine
the efficacy and feasibility of
establishing specialized law enforcement deployment teams to
140

Selected Statutes > 6 U.S.C. § 608

assist State, local, and tribal governments in responding to natural disasters, acts of terrorism,
or other man-made disasters and
report on the results of that study
to the appropriate committees of
Congress.
(5) Rule of construction—Nothing
in this subsection shall be construed to
diminish, supercede, or replace the responsibilities, authorities, or role of the
Administrator.

ment;
(F) whether the State has, or the
high-risk urban area is located at
or near, an international border;

(G) whether it has a coastline
bordering an ocean (including the
Gulf of Mexico) or international
waters;
(H) its likely need to respond to
acts of terrorism occurring in
nearby jurisdictions;
(I) the extent to which it has unmet target capabilities;
(J) in the case of a high-risk urban area, the extent to which that
high-risk urban area includes—

(i) those incorporated municipalities, counties, parishes,
and Indian tribes within the
relevant eligible metropolitan
area, the inclusion of which
will enhance regional efforts
to prevent, prepare for, protect
against, and respond to acts of
terrorism; and
(ii) other local and tribal governments in the surrounding
area that are likely to be called
upon to respond to acts of terrorism within the high-risk urban area; and
(K) such other factors as are specified in writing by the Administrator; and
(2) the anticipated effectiveness of
the proposed use of the grant by the
State or high-risk urban area in increasing the ability of that State or
high-risk urban area to prevent, prepare for, protect against, and respond
to acts of terrorism, to meet its target
capabilities, and to otherwise reduce
the overall risk to the high-risk urban area, the State, or the Nation.
(b) Types of threat—In assessing

§608. Prioritization
(a) In general—In allocating funds
among States and high-risk urban areas
applying for grants under section 604
or 605 of this title, the Administrator
shall consider, for each State or highrisk urban area—

(1) its relative threat, vulnerability, and consequences from acts of
terrorism, including consideration
of—
(A) its population, including appropriate consideration of military, tourist, and commuter populations;
(B) its population density;
(C) its history of threats, including whether it has been the target
of a prior act of terrorism;
(D) its degree of threat, vulnerability, and consequences related to
critical infrastructure (for all critical infrastructure sectors) or key
resources identified by the Administrator or the State homeland
security plan, including threats,
vulnerabilities, and consequences
related to critical infrastructure or
key resources in nearby jurisdictions;
(E) the most current threat assessments available to the Depart141

Selected Statutes > 6 U.S.C. § 609

threat under this section, the Administrator shall consider the following
types of threat to critical infrastructure
sectors and to populations in all areas
of the United States, urban and rural:
(1) Biological.
(2) Chemical.
(3) Cyber.
(4) Explosives.
(5) Incendiary.
(6) Nuclear.
(7) Radiological.
(8) Suicide bombers.
(9) Such other types of threat
determined relevant by the Administrator.

(4) purchasing, upgrading, storing,
or maintaining equipment, including
computer hardware and software;
(5) ensuring operability and achieving interoperability of emergency
communications;
(6) responding to an increase in the
threat level under the Homeland
Security Advisory System, or to
the needs resulting from a National
Special Security Event;

(7) establishing, enhancing, and
staffing with appropriately qualified
personnel State, local, and regional
fusion centers that comply with the
guidelines established under section
124h(i) of this title;
(8) enhancing school preparedness;
(9) enhancing the security and preparedness of secure and nonsecure
areas of eligible airports and surface
transportation systems;

(10) supporting public safety answering points;
(11) paying salaries and benefits
for personnel, including individuals employed by the grant recipient
on the date of the relevant grant
application, to serve as qualified
intelligence analysts, regardless of
whether such analysts are current or
new full-time employees or contract
employees;
(12) paying expenses directly related to administration of the grant,
except that such expenses may not
exceed 3 percent of the amount of
the grant;

(13) any activity permitted under
the Fiscal Year 2007 Program Guidance of the Department for the State
Homeland Security Grant Program,
the Urban Area Security Initiative
(including activities permitted under
the full-time counterterrorism staff-

§609. Use of funds
(a) Permitted uses—The Administrator shall permit the recipient of a grant
under section 604 or 605 of this title to
use grant funds to achieve target capabilities related to preventing, preparing
for, protecting against, and responding to acts of terrorism, consistent
with a State homeland security plan
and relevant local, tribal, and regional homeland security plans, including
by working in conjunction with a National Laboratory (as defined in section
15801(3) of title 42), through—
(1) developing and enhancing homeland security, emergency management, or other relevant plans, assessments, or mutual aid agreements;
(2) designing, conducting, and evaluating training and exercises, including training and exercises conducted
under section 321a of this title and
section 748 of this title;
(3) protecting a system or asset included on the prioritized critical
infrastructure list established under
section 124l(a)(2) of this title;
142

Selected Statutes > 6 U.S.C. § 609

ing pilot), or the Law Enforcement
Terrorism Prevention Program; and
(14) any other appropriate activity,
as determined by the Administrator.
(b) Limitations on use of funds

(1) In general—Funds provided under section 604 or 605 of this title
may not be used—

(A) to supplant State or local
funds, except that nothing in this
paragraph shall prohibit the use of
grant funds provided to a State or
high-risk urban area for otherwise
permissible uses under subsection (a) on the basis that a State
or high-risk urban area has previously used State or local funds to
support the same or similar uses;
or
(B) for any State or local government cost-sharing contribution.
(2) Personnel—

(A) In general—Not more than
50 percent of the amount awarded
to a grant recipient under section
604 or 605 of this title in any fiscal year may be used to pay for
personnel, including overtime
and backfill costs, in support of
the permitted uses under subsection (a).

(B) Waiver—At the request of
the recipient of a grant under section 604 or 605 of this title, the
Administrator may grant a waiver
of the limitation under subparagraph (A).
(3) Limitations on discretion—

(A) In general—With respect to
the use of amounts awarded to a
grant recipient under section 604
or 605 of this title for personnel
costs in accordance with paragraph (2) of this subsection, the
Administrator may not—

(i) impose a limit on the amount
of the award that may be used
to pay for personnel, or personnel-related, costs that is higher
or lower than the percent limit
imposed in paragraph (2)(A);
or

(ii) impose any additional
limitation on the portion of the
funds of a recipient that may be
used for a specific type, purpose, or category of personnel,
or personnel-related, costs.

(B)
Analysts—If
amounts
awarded to a grant recipient under section 604 or 605 of this
title are used for paying salary or
benefits of a qualified intelligence
analyst under subsection (a)(10),
the Administrator shall make such
amounts available without time
limitations placed on the period
of time that the analyst can serve
under the grant.
(4) Construction—

(A) In general—A grant awarded
under section 604 or 605 of this
title may not be used to acquire
land or to construct buildings or
other physical facilities.
(B) Exceptions—

(i) In general—Notwithstanding subparagraph (A), nothing
in this paragraph shall prohibit
the use of a grant awarded under section 604 or 605 of this
title to achieve target capabilities related to preventing, preparing for, protecting against,
or responding to acts of terrorism, including through the alteration or remodeling of existing buildings for the purpose of
making such buildings secure
against acts of terrorism.
143

Selected Statutes > 6 U.S.C. § 609


(ii) Requirements for exception—No grant awarded under
section 604 or 605 of this title
may be used for a purpose described in clause (i) unless—
(I) specifically approved by
the Administrator;

(II) any construction work
occurs under terms and conditions consistent with the
requirements under section
5196(j)(9) of title 42; and

(III) the amount allocated
for purposes under clause (i)
does not exceed the greater
of $1,000,000 or 15 percent
of the grant award.
(5) Recreation—Grants awarded
under this part may not be used for
recreational or social purposes.
(c) Multiple-purpose funds—Nothing in this part shall be construed to
prohibit State, local, or tribal governments from using grant funds under
sections 604 and 605 of this title in a
manner that enhances preparedness for
disasters unrelated to acts of terrorism,
if such use assists such governments in
achieving target capabilities related to
preventing, preparing for, protecting
against, or responding to acts of terrorism.
(d) Reimbursement of costs
(1) Paid-on-call or volunteer reimbursement—In addition to the activities described in subsection (a),
a grant under section 604 or 605 of
this title may be used to provide a
reasonable stipend to paid-on-call
or volunteer emergency response
providers who are not otherwise
compensated for travel to or participation in training or exercises
related to the purposes of this part.
Any such reimbursement shall not

be considered compensation for
purposes of rendering an emergency
response provider an employee under the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.).
(2) Performance of Federal duty—
An applicant for a grant under section 604 or 605 of this title may
petition the Administrator to use the
funds from its grants under those
sections for the reimbursement of
the cost of any activity relating to
preventing, preparing for, protecting against, or responding to acts
of terrorism that is a Federal duty
and usually performed by a Federal
agency, and that is being performed
by a State or local government under
agreement with a Federal agency.
(e) Flexibility in unspent homeland
security grant funds—Upon request
by the recipient of a grant under section 604 or 605 of this title, the Administrator may authorize the grant recipient to transfer all or part of the grant
funds from uses specified in the grant
agreement to other uses authorized
under this section, if the Administrator
determines that such transfer is in the
interests of homeland security.
(f) Equipment standards—If an applicant for a grant under section 604
or 605 of this title proposes to upgrade
or purchase, with assistance provided
under that grant, new equipment or
systems that do not meet or exceed any
applicable national voluntary consensus standards developed under section
747 of this title, the applicant shall include in its application an explanation
of why such equipment or systems will
serve the needs of the applicant better
than equipment or systems that meet or
exceed such standards.

144

Selected Statutes > 6 U.S.C. § 611

§611. Administration and
coordination

in determining effective funding priorities for grants under sections 604
and 605 of this title.
(2) Composition—

(A) In general—The planning
committee shall include representatives of significant stakeholders,
including—
(i) local and tribal government
officials; and

(ii) emergency response providers, which shall include representatives of the fire service,
law enforcement, emergency
medical response, and emergency managers.

(B)Geographicrepresentation—
The members of the planning
committee shall be a representative group of individuals from the
counties, cities, towns, and Indian
tribes within the State or highrisk urban area, including, as appropriate, representatives of rural,
high-population, and high-threat
jurisdictions.
(3) Existing planning committees—Nothing in this subsection
may be construed to require that any
State or high-risk urban area create a
planning committee if that State or
high-risk urban area has established
and uses a multijurisdictional planning committee or commission that
meets the requirements of this subsection.
(c) Interagency coordination
(1) In general—Not later than 12
months after August 3, 2007, the
Secretary (acting through the Administrator), the Attorney General,
the Secretary of Health and Human
Services, and the heads of other
agencies providing assistance to
State, local, and tribal governments

(a) Regional coordination—The Administrator shall ensure that—
(1) all recipients of grants administered by the Department to prevent,
prepare for, protect against, or respond to natural disasters, acts of
terrorism, or other man-made disasters (excluding assistance provided
under section 203, title IV, or title
V of the Robert T. Stafford Disaster
Relief and Emergency Assistance
Act (42 U.S.C. 5133, 5170 et seq.,
and 5191 et seq.)) coordinate, as
appropriate, their prevention, preparedness, and protection efforts
with neighboring State, local, and
tribal governments; and
(2) all high-risk urban areas and other recipients of grants administered
by the Department to prevent, prepare for, protect against, or respond
to natural disasters, acts of terrorism, or other man-made disasters
(excluding assistance provided under section 203, title IV, or title V of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133, 5170 et seq., and
5191 et seq.)) that include or substantially affect parts or all of more
than 1 State coordinate, as appropriate, across State boundaries, including, where appropriate, through the
use of regional working groups and
requirements for regional plans.
(b) Planning committees
(1) In general—Any State or highrisk urban area receiving a grant under section 604 or 605 of this title
shall establish a planning committee
to assist in preparation and revision of the State, regional, or local
homeland security plan and to assist
145

Selected Statutes > 6 U.S.C. § 611

for preventing, preparing for, protecting against, and responding to
natural disasters, acts of terrorism,
and other man-made disasters, shall
jointly—

(A) compile a comprehensive
list of Federal grant programs for
State, local, and tribal governments for preventing, preparing
for, protecting against, and responding to natural disasters, acts
of terrorism, and other man-made
disasters;
(B) compile the planning, reporting, application, and other requirements and guidance for the
grant programs described in subparagraph (A);
(C) develop recommendations, as
appropriate, to—

(i) eliminate redundant and
duplicative requirements for
State, local, and tribal governments, including onerous application and ongoing reporting
requirements;
(ii) ensure accountability of the
programs to the intended purposes of such programs;

(iii) coordinate allocation of
grant funds to avoid duplicative or inconsistent purchases
by the recipients;
(iv) make the programs more
accessible and user friendly to
applicants; and
 (v) ensure the programs are coordinated to enhance the overall preparedness of the Nation;
 
(D) submit the information and
recommendations under subparagraphs (A), (B), and (C) to the
appropriate committees of Congress; and
(E) provide the appropriate com-

mittees of Congress, the Comptroller General, and any officer or
employee of the Government Accountability Office with full access to any information collected
or reviewed in preparing the submission under subparagraph (D).
(2) Scope of task—Nothing in
this subsection shall authorize the
elimination, or the alteration of
the purposes, as delineated by statute, regulation, or guidance, of any
grant program that exists on August
3, 2007, nor authorize the review
or preparation of proposals on the
elimination, or the alteration of such
purposes, of any such grant program.
(d) Sense of Congress—It is the sense
of Congress that, in order to ensure that
the Nation is most effectively able to
prevent, prepare for, protect against,
and respond to all hazards, including
natural disasters, acts of terrorism, and
other man-made disasters—
(1) the Department should administer a coherent and coordinated system of both terrorism-focused and
all-hazards grants;
(2) there should be a continuing and
appropriate balance between funding for terrorism-focused and allhazards preparedness, as reflected in
the authorizations of appropriations
for grants under the amendments
made by titles I and II, as applicable,
of the Implementing Recommendations of the 9/11 Commission Act of
2007; and

(3) with respect to terrorism-focused grants, it is necessary to ensure both that the target capabilities
of the highest risk areas are achieved
quickly and that basic levels of preparedness, as measured by the attainment of target capabilities, are
146

Selected Statutes > 6 U.S.C. § 612

achieved nationwide.

risk urban area receiving a grant
administered by the Department, a
programmatic and financial review
of all grants awarded by the Department to prevent, prepare for, protect
against, or respond to natural disasters, acts of terrorism, or other manmade disasters, excluding assistance
provided under section 203, title IV,
or title V of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170
et seq., and 5191 et seq.).
(B) Contents—Each review under
subparagraph (A) shall, at a minimum, examine—

(i) whether the funds awarded
were used in accordance with the
law, program guidance, and State
homeland security plans or other
applicable plans; and

(ii) the extent to which funds
awarded enhanced the ability of
a grantee to prevent, prepare for,
protect against, and respond to
natural disasters, acts of terrorism,
and other man-made disasters.
(C) Authorization of appropriations—In addition to any other
amounts authorized to be appropriated to the Administrator, there are
authorized to be appropriated to the
Administrator for reviews under this
paragraph—
(i) $8,000,000 for each of fiscal
years 2008, 2009, and 2010; and
(ii) such sums as are necessary for
fiscal year 2011, and each fiscal
year thereafter.
(3) Performance assessment—In
order to ensure that States and highrisk urban areas are using grants
administered by the Department
appropriately to meet target capabilities and preparedness priorities, the

§612. Accountability
(a) Audits of grant programs
(1) Compliance requirements—

(A) Audit requirement—Each
recipient of a grant administered
by the Department that expends
not less than $500,000 in Federal funds during its fiscal year
shall submit to the Administrator
a copy of the organization-wide
financial and compliance audit report required under chapter 75 of
title 31.

(B) Access to information—The
Department and each recipient of
a grant administered by the Department shall provide the Comptroller General and any officer
or employee of the Government
Accountability Office with full
access to information regarding
the activities carried out related
to any grant administered by the
Department.

(C) Improper payments—Consistent with the Improper Payments Information Act of 2002
(31 U.S.C. 3321 note), for each of
the grant programs under sections
604 and 605 of this title and section 762 of this title, the Administrator shall specify policies and
procedures for—
(i) identifying activities funded
under any such grant program
that are susceptible to significant improper payments; and

(ii) reporting any improper
payments to the Department.
(2) Agency program review—
(A) In general—Not less than once
every 2 years, the Administrator shall
conduct, for each State and high147

Selected Statutes > 6 U.S.C. § 612

Administrator shall—
(A) ensure that any such State or
high-risk urban area conducts or
participates in exercises under
section 748(b) of this title;
(B) use performance metrics in accordance with the comprehensive
assessment system under section
749 of this title and ensure that
any such State or high-risk urban
area regularly tests its progress
against such metrics through the
exercises required under subparagraph (A);
(C) use the remedial action management program under section
750 of this title; and
(D) ensure that each State receiving a grant administered by the
Department submits a report to
the Administrator on its level of
preparedness, as required by section 752(c) of this title.
(4) Consideration of assessments—In conducting program reviews and performance audits under
paragraphs (2) and (3), the Administrator and the Inspector General of the
Department shall take into account
the performance assessment elements required under paragraph (4).
(5) Recovery audits—The Administrator shall conduct a recovery
audit under section 2(h) of the Improper Payments Elimination and
Recovery Act of 2010 (31 U.S.C.
3321 note) for any grant administered by the Department with a total
value of not less than $1,000,000, if
the Administrator finds that—
(A) a financial audit has identified
improper payments that can be recouped; and
(B) it is cost effective to conduct
a recovery audit to recapture the

targeted funds.
( 6) Remedies for noncompliance—

(A) In general—If, as a result
of a review or audit under this
subsection or otherwise, the Administrator finds that a recipient
of a grant under this subchapter
has failed to substantially comply
with any provision of law or with
any regulations or guidelines of
the Department regarding eligible
expenditures, the Administrator
shall—
(i) reduce the amount of payment of grant funds to the recipient by an amount equal to
the amount of grants funds that
were not properly expended by
the recipient;
(ii) limit the use of grant funds
to programs, projects, or activities not affected by the failure
to comply;
(iii) refer the matter to the Inspector General of the Department for further investigation;
(iv) terminate any payment of
grant funds to be made to the
recipient; or
(v) take such other action as the
Administrator determines appropriate.

(B) Duration of penalty—The
Administrator shall apply an appropriate penalty under subparagraph (A) until such time as the
Administrator determines that the
grant recipient is in full compliance with the law and with applicable guidelines or regulations of
the Department.
(b) Reports by grant recipients
(1) Quarterly reports on homeland
security spending—

148

Selected Statutes > 6 U.S.C. § 612

(A) In general—As a condition
of receiving a grant under section
604 or 605 of this title, a State,
high-risk urban area, or directly
eligible tribe shall, not later than
30 days after the end of each Federal fiscal quarter, submit to the
Administrator a report on activities performed using grant funds
during that fiscal quarter.
(B) Contents—Each report submitted under subparagraph (A)
shall at a minimum include, for
the applicable State, high-risk urban area, or directly eligible tribe,
and each subgrantee thereof—
(i) the amount obligated to that
recipient under section 604 or
605 of this title in that quarter;

(ii) the amount of funds received and expended under
section 604 or 605 of this title
by that recipient in that quarter;
and
(iii) a summary description of
expenditures made by that recipient using such funds, and
the purposes for which such
expenditures were made.
(C) End-of-year report—The
report submitted under subparagraph (A) by a State, high-risk urban area, or directly eligible tribe
relating to the last quarter of any
fiscal year shall include—
(i) the amount and date of receipt of all funds received under the grant during that fiscal
year;
(ii) the identity of, and amount
provided to, any subgrantee
for that grant during that fiscal
year;
(iii) the amount and the dates of
disbursements of all such funds

expended in compliance with
section 611(a)(1) of this title or
under mutual aid agreements or
other sharing arrangements that
apply within the State, high-risk
urban area, or directly eligible
tribe, as applicable, during that
fiscal year; and
(iv) how the funds were used
by each recipient or subgrantee
during that fiscal year.
(2) Annual report—Any State applying for a grant under section
605 of this title shall submit to the
Administrator annually a State preparedness report, as required by section 752(c) of this title.
(c) Reports by the Administrator
(1)
Federal
Preparedness
Report—The Administrator shall
submit to the appropriate committees of Congress annually the Federal Preparedness Report required
under section 752(a) of this title.
(2) Risk assessment—

(A) In general—For each fiscal
year, the Administrator shall provide to the appropriate committees of Congress a detailed and
comprehensive explanation of the
methodologies used to calculate
risk and compute the allocation of
funds for grants administered by
the Department, including—
(i) all variables included in the
risk assessment and the weights
assigned to each such variable;
(ii) an explanation of how each
such variable, as weighted, correlates to risk, and the basis for
concluding there is such a correlation; and
(iii) any change in the methodologies from the previous fiscal
year, including changes in vari149

Selected Statutes > 6 U.S.C. § 613

ables considered, weighting of
those variables, and computational methods.
 (B) Classified annex—The information required under subparagraph (A) shall be provided in
unclassified form to the greatest
extent possible, and may include
a classified annex if necessary.

(C) Deadline—For each fiscal
year, the information required
under subparagraph (A) shall be
provided on the earlier of—
(i) October 31; or
(ii) 30 days before the issuance
of any program guidance for
grants administered by the Department.
(3) Tribal funding report—At the
end of each fiscal year, the Administrator shall submit to the appropriate committees of Congress a report
setting forth the amount of funding
provided during that fiscal year to
Indian tribes under any grant program administered by the Department, whether provided directly or
through a subgrant from a State or
high-risk urban area.

(1) an assessment of redundant reporting requirements imposed by
the Administrator on State, local,
and tribal governments in connection with the awarding of grants,
including—
(A) a list of each discrete item of
data requested by the Administrator from grant recipients as part of
the process of administering covered grants;
(B) identification of the items
of data from the list described
in subparagraph (A) that are required to be submitted by grant
recipients on multiple occasions
or to multiple systems; and
(C) identification of the items
of data from the list described
in subparagraph (A) that are not
necessary to be collected in order
for the Administrator to effectively and efficiently administer the
programs under which covered
grants are awarded;
(2) a plan, including a specific timetable, for eliminating any redundant
and unnecessary reporting requirements identified under paragraph
(1); and
(3) a plan, including a specific timetable, for promptly developing a set
of quantifiable performance measures and metrics to assess the effectiveness of the programs under
which covered grants are awarded.
(c) Biennial reports—Not later than 1
year after the date on which the initial
report is required to be submitted under
subsection (b), and once every 2 years
thereafter, the Administrator shall submit to the appropriate committees of
Congress a grants management report
that includes—
(1) the status of efforts to eliminate

§613. Identification of reporting
redundancies and development
of performance metrics
(a) Definition—In this section, the
term “covered grants” means grants
awarded under section 604 of this title,
grants awarded under section 605 of
this title, and any other grants specified
by the Administrator.
(b) Initial report—Not later than 90
days after October 12, 2010, the Administrator shall submit to the appropriate committees of Congress a report
that includes—
150

Selected Statutes > 6 U.S.C. §§ 613, 701

redundant and unnecessary reporting requirements imposed on grant
recipients, including—
(A) progress made in implementing the plan required under subsection (b)(2);
(B) a reassessment of the reporting requirements to identify and
eliminate redundant and unnecessary requirements;
(2) the status of efforts to develop
quantifiable performance measures
and metrics to assess the effectiveness of the programs under which
the covered grants are awarded, including—
(A) progress made in implementing the plan required under subsection (b)(3);
(B) progress made in developing
and implementing additional performance metrics and measures
for grants, including as part of the
comprehensive assessment system required under section 749 of
this title; and

(3) a performance assessment of
each program under which the covered grants are awarded, including—
(A) a description of the objectives
and goals of the program;
(B) an assessment of the extent to
which the objectives and goals described in subparagraph (A) have
been met, based on the quantifiable performance measures and
metrics required under this section, section 612(a)(4) of this title,
and section 749 of this title;
(C) recommendations for any program modifications to improve
the effectiveness of the program,
to address changed or emerging
conditions; and

(D) an assessment of the experience of recipients of covered
grants, including the availability of clear and accurate information, the timeliness of reviews
and awards, and the provision of
technical assistance, and recommendations for improving that
experience.
(d) Grants program measurement
study [Requiring report during FY12]
§701. Definitions
In this title—*
(1) the term “Administrator” means the
Administrator of the Agency;
(2) the term “Agency” means the Federal Emergency Management Agency;
(3) the term “appropriate committees
of Congress” means—

(A) the Committee on Homeland
Security and Governmental Affairs
of the Senate; and
(B) those committees of the House
of Representatives that the Speaker
of the House of Representatives determines appropriate;
(4) the term “catastrophic incident”
means any natural disaster, act of terrorism, or other man-made disaster that
results in extraordinary levels of casualties or damage or disruption severely
affecting the population (including
mass evacuations), infrastructure, environment, economy, national morale,
or government functions in an area;
(5) the term “Department” means the
Department of Homeland Security;
(6) the terms “emergency” and “major
disaster” have the meanings given the
terms in section 5122 of title 42;
*“This title” refers to Title VI of Pub. L. 109295, PKEMRA.

151

Selected Statutes > 6 U.S.C. §§ 701, 711

(7) the term “emergency management”
means the governmental function that
coordinates and integrates all activities
necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from,
or mitigate against threatened or actual
natural disasters, acts of terrorism, or
other man-made disasters;
(8) the term “emergency response provider” has the meaning given the term
in section 101 of this title;
(9) the term “Federal coordinating officer” means a Federal coordinating
officer as described in section 5143 of
title 42;
(10) the term “individual with a disability” has the meaning given the term
in section 12102 of title 42;
(11) the terms “local government” and
“State” have the meaning given the
terms in section 101 of this title;
(12) the term “National Incident Management System” means a system to
enable effective, efficient, and collaborative incident management;
(13) the term “National Response
Plan” means the National Response
Plan or any successor plan prepared
under section 314(a)(6) of this title;
(14) the term “Secretary” means the
Secretary of Homeland Security;
(15) the term “surge capacity” means
the ability to rapidly and substantially increase the provision of search
and rescue capabilities, food, water,
medicine, shelter and housing, medical care, evacuation capacity, staffing
(including disaster assistance employees), and other resources necessary to
save lives and protect property during
a catastrophic incident; and
(16) the term “tribal government”
means the government of an Indian
tribe or authorized tribal organization,

or in Alaska a Native village or Alaska
Regional Native Corporation.
§711. Surge Capacity Force
(a) Establishment
(1) In general—Not later than 6
months after October 4, 2006, the
Administrator shall prepare and
submit to the appropriate committees of Congress a plan to establish
and implement a Surge Capacity
Force for deployment of individuals
to respond to natural disasters, acts
of terrorism, and other man-made
disasters, including catastrophic incidents.
(2) Authority—

(A) In general—Except as provided in subparagraph (B), the
plan shall provide for individuals
in the Surge Capacity Force to be
trained and deployed under the
authorities set forth in the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act [42
U.S.C. 5121 et seq.].

(B) Exception—If the Administrator determines that the existing authorities are inadequate for
the training and deployment of
individuals in the Surge Capacity Force, the Administrator shall
report to Congress as to the additional statutory authorities that
the Administrator determines necessary.
(b) Employees designated to serve
The plan shall include procedures under which the Secretary shall designate
employees of the Department who are
not employees of the Agency and shall,
in conjunction with the heads of other
Executive agencies, designate employees of those other Executive agencies,
as appropriate, to serve on the Surge
152

Selected Statutes > 6 U.S.C. §§ 711, 721-723

(g) Immediate implementation of
Surge Capacity Force involving Federal employees
As soon as practicable after October 4,
2006, the Administrator shall develop
and implement—
(1) the procedures under subsection
(b); and
(2) other elements of the plan needed to establish the portion of the
Surge Capacity Force consisting of
individuals designated under those
procedures.

Capacity Force.
(c) Capabilities
The plan shall ensure that the Surge
Capacity Force—
(1) includes a sufficient number of
individuals credentialed in accordance with section 320 of this title
that are capable of deploying rapidly and efficiently after activation to
prepare for, respond to, and recover
from natural disasters, acts of terrorism, and other man-made disasters,
including catastrophic incidents;
and
(2) includes a sufficient number of
full-time, highly trained individuals credentialed in accordance with
section 320 of this title to lead and
manage the Surge Capacity Force.
(d) Training
The plan shall ensure that the Administrator provides appropriate and continuous training to members of the
Surge Capacity Force to ensure such
personnel are adequately trained on the
Agency’s programs and policies for
natural disasters, acts of terrorism, and
other man-made disasters.
(e) No impact on agency personnel
ceiling
Surge Capacity Force members shall
not be counted against any personnel
ceiling applicable to the Federal Emergency Management Agency.
(f) Expenses
The Administrator may provide members of the Surge Capacity Force with
travel expenses, including per diem in
lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of title 5 for the
purpose of participating in any training
that relates to service as a member of
the Surge Capacity Force.

§721. Evacuation preparedness
technical assistance
The Administrator, in coordination
with the heads of other appropriate
Federal agencies, shall provide evacuation preparedness technical assistance
to State, local, and tribal governments,
including the preparation of hurricane
evacuation studies and technical assistance in developing evacuation plans,
assessing storm surge estimates, evacuation zones, evacuation clearance
times, transportation capacity, and
shelter capacity.
§722. Urban Search and Rescue
Response System
(a) In general
There is in the Agency a system known
as the Urban Search and Rescue Response System.
(b) [Authorization of appropriations]
§723. Metropolitan Medical
Response Grant Program
(a) In general
There is a Metropolitan Medical Response Program.

153

Selected Statutes > 6 U.S.C. §§ 724-727

(b) Purposes
The program shall include each purpose of the program as it existed on
June 1, 2006.
(c) [Authorization of appropriations]

training in life supporting first aid to
children.
§727. Improvements to information
technology systems
(a) Measures to improve information technology systems
The Administrator, in coordination
with the Chief Information Officer of
the Department, shall take appropriate
measures to update and improve the
information technology systems of the
Agency, including measures to—
(1) ensure that the multiple information technology systems of the
Agency (including the National
Emergency Management Information System, the Logistics Information Management System III, and
the Automated Deployment Database) are, to the extent practicable,
fully compatible and can share and
access information, as appropriate,
from each other;
(2) ensure technology enhancements
reach the headquarters and regional
offices of the Agency in a timely
fashion, to allow seamless integration;
(3) develop and maintain a testing
environment that ensures that all
system components are properly
and thoroughly tested before their
release;

(4) ensure that the information
technology systems of the Agency
have the capacity to track disaster
response personnel, mission assignments task orders, commodities, and
supplies used in response to a natural disaster, act of terrorism, or other
man-made disaster;
(5) make appropriate improvements
to the National Emergency Management Information System to address

§724. Logistics
The Administrator shall develop an
efficient, transparent, and flexible logistics system for procurement and delivery of goods and services necessary
for an effective and timely response to
natural disasters, acts of terrorism, and
other man-made disasters and for realtime visibility of items at each point
throughout the logistics system.
§725. Prepositioned equipment
program
(a) In general
The Administrator shall establish a
prepositioned equipment program to
preposition standardized emergency
equipment in at least 11 locations to
sustain and replenish critical assets
used by State, local, and tribal governments in response to (or rendered
inoperable by the effects of) natural
disasters, acts of terrorism, and other
man-made disasters.
(b) Notice
The Administrator shall notify State,
local, and tribal officials in an area in
which a location for the prepositioned
equipment program will be closed not
later than 60 days before the date of
such closure.
§726. Basic life supporting first aid
and education
The Administrator shall enter into
agreements with organizations to provide funds to emergency response
providers to provide education and
154

Selected Statutes > 6 U.S.C. §§ 728-741

shortcomings in such system on October 4, 2006; and
(6) provide training, manuals, and
guidance on information technology systems to personnel, including
disaster response personnel, to help
ensure employees can properly use
information technology systems.
(b) [Report required 270 days after
October 4, 2006]

the meaning given that term under section 5195a(a)(1) of title 42.
(4) Mission assignment—The term
“mission assignment” means a work
order issued to a Federal agency by the
Agency, directing completion by that
agency of a specified task and setting
forth funding, other managerial controls, and guidance.
(5) National preparedness goal—
The term “national preparedness goal”
means the national preparedness goal
established under section 743 of this
title.
(6) National preparedness system—
The term “national preparedness system” means the national preparedness
system established under section 744
of this title.
(7) National training program—The
term “national training program”
means the national training program
established under section 748(a) of
this title.
(8) Operational readiness—The term
“operational readiness” means the capability of an organization, an asset, a
system, or equipment to perform the
missions or functions for which it is
organized or designed.
(9) Performance measure—The term
“performance measure” means a quantitative or qualitative characteristic
used to gauge the results of an outcome
compared to its intended purpose.
(10) Performance metric­—The term
“performance metric” means a particular value or characteristic used to
measure the outcome that is generally
expressed in terms of a baseline and a
target.
(11) Prevention—The term “prevention” means any activity undertaken to
avoid, prevent, or stop a threatened or
actual act of terrorism.

§728. Disclosure of certain information to law enforcement agencies
In the event of circumstances requiring an evacuation, sheltering, or mass
relocation, the Administrator may disclose information in any individual assistance database of the Agency in accordance with section 552a(b) of title 5
(commonly referred to as the “Privacy
Act”) to any law enforcement agency
of the Federal Government or a State,
local, or tribal government in order to
identify illegal conduct or address public safety or security issues, including
compliance with sex offender notification laws.
§741. Definitions
In this part:
(1) Capability—The term “capability”
means the ability to provide the means
to accomplish one or more tasks under
specific conditions and to specific performance standards. A capability may
be achieved with any combination of
properly planned, organized, equipped,
trained, and exercised personnel that
achieves the intended outcome.
(2)Credentialed;credentialing—The
terms “credentialed” and “credentialing” have the meanings given those
terms in section 311 of this title.
(3) Hazard—The term “hazard” has
155

Selected Statutes > 6 U.S.C. §§ 742-745

§744. Establishment of national
preparedness system

(12) Resources—The term “resources”
has the meaning given that term in section 311 of this title.
(13) Type—The term “type” means a
classification of resources that refers to
the capability of a resource.
(14) Typed; typing—The terms “typed”
and “typing” have the meanings given
those terms in section 311 of this title.

(a) Establishment
The President, acting through the Administrator, shall develop a national
preparedness system to enable the Nation to meet the national preparedness
goal.
(b) Components
The national preparedness system shall
include the following components:
(1) Target capabilities and preparedness priorities.

(2) Equipment and training standards.
(3) Training and exercises.

(4) Comprehensive assessment
system.

(5) Remedial action management
program.
(6) Federal response capability inventory.
(7) Reporting requirements.
(8) Federal preparedness.
(c) National planning scenarios
The national preparedness system may
include national planning scenarios.

§742. National preparedness
In order to prepare the Nation for all
hazards, including natural disasters,
acts of terrorism, and other man-made
disasters, the President, consistent
with the declaration of policy under
section 5195 of title 42 and title V of
the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by this
Act, shall develop a national preparedness goal and a national preparedness
system.
§743. National preparedness goal
(a) Establishment
The President, acting through the Administrator, shall complete, revise,
and update, as necessary, a national
preparedness goal that defines the target level of preparedness to ensure the
Nation’s ability to prevent, respond
to, recover from, and mitigate against
natural disasters, acts of terrorism, and
other man-made disasters.
(b) National Incident Management
System and National Response Plan
The national preparedness goal, to the
greatest extent practicable, shall be
consistent with the National Incident
Management System and the National
Response Plan.

§745. National planning scenarios
(a) In general
The Administrator, in coordination
with the heads of appropriate Federal
agencies and the National Advisory
Council, may develop planning scenarios to reflect the relative risk requirements presented by all hazards,
including natural disasters, acts of terrorism, and other man-made disasters,
in order to provide the foundation for
the flexible and adaptive development
of target capabilities and the identification of target capability levels to meet
the national preparedness goal.
156

Selected Statutes > 6 U.S.C. §§ 746-747

(b) Development
In developing, revising, and replacing national planning scenarios, the
Administrator shall ensure that the
scenarios—
(1) reflect the relative risk of all
hazards and illustrate the potential
scope, magnitude, and complexity
of a broad range of representative
hazards; and
(2) provide the minimum number of
representative scenarios necessary
to identify and define the tasks and
target capabilities required to respond to all hazards.

the threats of terrorism against the
United States.
(e) Preparedness priorities
In establishing the guidelines under
subsection (a), the Administrator shall
establish preparedness priorities that
appropriately balance the risk of all
hazards, including natural disasters,
acts of terrorism, and other man-made
disasters, with the resources required
to prevent, respond to, recover from,
and mitigate against the hazards.
(f) Mutual aid agreements
The Administrator may provide support for the development of mutual aid
agreements within States.

§746. Target capabilities and
preparedness priorities

§747. Equipment and training
standards

(a) [Requiring guidelines on target capabilities no more than 180 days after
October 4, 2006]
(b) Distribution of guidelines
The Administrator shall ensure that
the guidelines are provided promptly
to the appropriate committees of Congress and the States.
(c) Objectives
The Administrator shall ensure that the
guidelines are specific, flexible, and
measurable.
(d) Terrorism risk assessment
With respect to analyzing and assessing the risk of acts of terrorism, the
Administrator shall consider—
(1) the variables of threat, vulnerability, and consequences related
to population (including transient
commuting and tourist populations),
areas of high population density,
critical infrastructure, coastline, and
international borders; and
(2) the most current risk assessment
available from the Chief Intelligence Officer of the Department of

(a) Equipment standards
(1) In general—The Administrator, in coordination with the heads
of appropriate Federal agencies and
the National Advisory Council, shall
support the development, promulgation, and updating, as necessary,
of national voluntary consensus
standards for the performance, use,
and validation of equipment used
by Federal, State, local, and tribal
governments and nongovernmental
emergency response providers.
(2) Requirements—The national
voluntary consensus standards
shall—
(A) be designed to achieve equipment and other capabilities consistent with the national preparedness goal, including the safety
and health of emergency response
providers;
(B) to the maximum extent practicable, be consistent with existing national voluntary consensus
157

Selected Statutes > 6 U.S.C. § 748

standards;
(C) take into account, as appropriate, threats that may not have
been contemplated when the existing standards were developed;
and

(D) focus on maximizing operability, interoperability, interchangeability, durability, flexibility, efficiency, efficacy, portability,
sustainability, and safety.
(b) Training standards
The Administrator shall—
(1) support the development, promulgation, and regular updating, as
necessary, of national voluntary
consensus standards for training;
and
(2) ensure that the training provided
under the national training program
is consistent with the standards.
(c) Consultation with standards organizations
In carrying out this section, the Administrator shall consult with representatives of relevant public and private
sector national voluntary consensus
standards development organizations.

ing and implementing the national
training program, the Administrator
shall—
(A) work with government training facilities, academic institutions, private organizations, and
other entities that provide specialized, state-of-the-art training for
emergency managers or emergency response providers; and
(B) utilize, as appropriate, training courses provided by community colleges, State and local
public safety academies, State
and private universities, and other
facilities.
(b) National exercise program
(1) In general—Beginning not later
than 180 days after October 4, 2006,
the Administrator, in coordination
with the heads of appropriate Federal agencies, the National Council on
Disability, and the National Advisory Council, shall carry out a national
exercise program to test and evaluate the national preparedness goal,
National Incident Management System, National Response Plan, and
other related plans and strategies.
(2) Requirements—The national exercise program—
(A) shall be—

(i) as realistic as practicable,
based on current risk assessments, including credible
threats, vulnerabilities, and
consequences, and designed to
stress the national preparedness
system;
(ii) designed, as practicable, to
simulate the partial or complete
incapacitation of a State, local,
or tribal government;
(iii) carried out, as appropriate,
with a minimum degree of no-

§748. Training and exercises
(a) National training program
(1) In general—Beginning not later
than 180 days after October 4, 2006,
the Administrator, in coordination
with the heads of appropriate Federal agencies, the National Council on Disability, and the National
Advisory Council, shall carry out a
national training program to implement the national preparedness goal,
National Incident Management System, National Response Plan, and
other related plans and strategies.
(2) Training partners—In develop158

Selected Statutes > 6 U.S.C. §§ 748-749

tice to involved parties regarding the timing and details of
such exercises, consistent with
safety considerations;
(iv) designed to provide for the
systematic evaluation of readiness and enhance operational
understanding of the incident
command system and relevant
mutual aid agreements;

(v) designed to address the
unique requirements of populations with special needs, including the elderly; and
(vi) designed to promptly develop after-action reports and
plans for quickly incorporating
lessons learned into future operations; and

(B) shall include a selection of
model exercises that State, local,
and tribal governments can readily adapt for use and provide assistance to State, local, and tribal
governments with the design,
implementation, and evaluation
of exercises (whether a model
exercise program or an exercise
designed locally) that—
(i) conform to the requirements
under subparagraph (A);
(ii) are consistent with any applicable State, local, or tribal
strategy or plan; and

(iii) provide for systematic
evaluation of readiness.
(3) National level exercises—The
Administrator shall periodically,
but not less than biennially, perform
national exercises for the following
purposes:
(A) to test and evaluate the capability of Federal, State, local,
and tribal governments to detect,
disrupt, and prevent threatened or

actual catastrophic acts of terrorism, especially those involving
weapons of mass destruction; and
(B) to test and evaluate the readiness of Federal, State, local, and
tribal governments to respond and
recover in a coordinated and unified manner to catastrophic incidents.
§749. Comprehensive assessment
system
(a) Establishment
The Administrator, in coordination
with the National Council on Disability and the National Advisory Council,
shall establish a comprehensive system
to assess, on an ongoing basis, the Nation’s prevention capabilities and overall preparedness, including operational
readiness.
(b) Performance metrics and measures
The Administrator shall ensure that
each component of the national preparedness system, National Incident
Management System, National Response Plan, and other related plans
and strategies, and the reports required
under section 752 of this title is developed, revised, and updated with clear
and quantifiable performance metrics,
measures, and outcomes.
(c) Contents
The assessment system established under subsection (a) shall assess—

(1) compliance with the national
preparedness system, National Incident Management System, National
Response Plan, and other related
plans and strategies;
(2) capability levels at the time of
assessment against target capability levels defined pursuant to the
159

Selected Statutes > 6 U.S.C. §§ 750-751

guidelines established under section
746(a) of this title;
(3) resource needs to meet the desired target capability levels defined
pursuant to the guidelines established under section 746(a) of this
title; and

(4) performance of training, exercises, and operations,

(B) the timeframe within which
the capability can be brought to
bear on an incident; and
(C) the readiness of the capability to respond to all hazards, including natural disasters, acts of
terrorism, and other man-made
disasters;
(2) a list of personnel credentialed in
accordance with section 320 of this
title;
(3) a list of resources typed in accordance with section 320 of this title;
and
(4) emergency communications assets maintained by the Federal Government and, if appropriate, State,
local, and tribal governments and
the private sector.
(c) Department of Defense
The Administrator, in coordination
with the Secretary of Defense, shall
develop a list of organizations and
functions within the Department of
Defense that may be used, pursuant
to the authority provided under the
National Response Plan and sections
5170a, 5170b, and 5192 of title 42, to
provide support to civil authorities during natural disasters, acts of terrorism,
and other man-made disasters.
(d) Database
The Administrator shall establish an
inventory database to allow—
(1) real-time exchange of information regarding—

(A) capabilities;
(B) readiness;

(C) the compatibility of equipment;
(D) credentialed personnel; and
(E) typed resources;
(2) easy identification and rapid
deployment of capabilities, creden-

§750. Remedial action
management program
The Administrator, in coordination
with the National Council on Disability and the National Advisory Council,
shall establish a remedial action management program to—
(1) analyze training, exercises, and
real-world events to identify and
disseminate lessons learned and best
practices;
(2) generate and disseminate, as appropriate, after action reports to participants in exercises and real-world
events; and
(3) conduct remedial action tracking
and long-term trend analysis.
§751. Federal response capability
inventory
(a) In general
In
accordance
with
section
5196(h)(1)(C) of title 42, the Administrator shall accelerate the completion
of the inventory of Federal response
capabilities.
(b) Contents
For each Federal agency with responsibilities under the National Response
Plan, the inventory shall include—
(1) for each capability—
(A) the performance parameters
of the capability;
160

Selected Statutes > 6 U.S.C. § 752

tialed personnel, and typed resources during an incident; and
(3) the sharing of the inventory described in subsection (a) with other
Federal agencies, as appropriate.

of Federal assistance during the
preceding fiscal year achieved
the preparedness priorities;
(E) an evaluation of the extent to
which grants administered by the
Department, including grants under title XX of the Homeland Security Act of 2002 [6 U.S.C. 601
et seq.]—

(i) have contributed to the
progress of State, local, and
tribal governments in achieving target capabilities; and
(ii) have led to the reduction
of risk from natural disasters,
acts of terrorism, or other manmade disasters nationally and
in State, local, and tribal jurisdictions; and
(F) a discussion of whether the
list of credentialed personnel of
the Agency described in section
751(b)(2) of this title—
(i) complies with the strategic
human capital plan developed
under section 10102 of title 5;
and
(ii) is sufficient to respond to
a natural disaster, act of terrorism, or other man-made disaster, including a catastrophic
incident.
(b) Catastrophic resource report
(1) In general—The Administrator
shall develop and submit to the appropriate committees of Congress
annually an estimate of the resources of the Agency and other Federal
agencies needed for and devoted
specifically to developing the capabilities of Federal, State, local, and
tribal governments necessary to respond to a catastrophic incident.
(2) Contents—Each estimate under paragraph (1) shall include the

§752. Reporting requirements
(a) Federal preparedness report
(1) In general—Not later than 12
months after October 4, 2006, and
annually thereafter, the Administrator, in coordination with the heads
of appropriate Federal agencies,
shall submit to the appropriate committees of Congress a report on the
Nation’s level of preparedness for
all hazards, including natural disasters, acts of terrorism, and other
man-made disasters.
(2) Contents—Each report shall include—
(A) an assessment of how Federal
assistance supports the national
preparedness system;
(B) the results of the comprehensive assessment carried out under
section 749 of this title;
(C) a review of the inventory described in section 751 of this title,
including the number and type of
credentialed personnel in each
category of personnel trained and
ready to respond to a natural disaster, act of terrorism, or other
man-made disaster;

(D) an assessment of resource
needs to meet preparedness priorities established under section
746(e) of this title, including—
(i) an estimate of the amount of
Federal, State, local, and tribal
expenditures required to attain
the preparedness priorities; and
(ii) the extent to which the use
161

Selected Statutes > 6 U.S.C. §§ 752-753

resources both necessary for and
devoted to—
(A) planning;
(B) training and exercises;
(C) Regional Office enhancements;
(D) staffing, including for surge
capacity during a catastrophic incident;
(E) additional logistics capabilities;

(F) other responsibilities under
the catastrophic incident annex
and the catastrophic incident supplement of the National Response
Plan;
(G) State, local, and tribal government catastrophic incident
preparedness; and
(H) covering increases in the fixed
costs or expenses of the Agency,
including rent or property acquisition costs or expenses, taxes,
contributions to the working capital fund of the Department, and
security costs for the year after
the year in which such estimate is
submitted.
(c) State preparedness report
(1) In general—Not later than 15
months after October 4, 2006, and
annually thereafter, a State receiving
Federal preparedness assistance administered by the Department shall
submit a report to the Administrator
on the State’s level of preparedness.
(2) Contents—Each report shall include—
(A) an assessment of State compliance with the national preparedness system, National Incident
Management System, National
Response Plan, and other related
plans and strategies;

(B) an assessment of current capability levels and a description
of target capability levels; and
(C) a discussion of the extent to
which target capabilities identified in the applicable State homeland security plan and other applicable plans remain unmet and an
assessment of resources needed to
meet the preparedness priorities
established under section 746(e)
of this title, including—
(i) an estimate of the amount
of expenditures required to attain the preparedness priorities;
and
(ii) the extent to which the use
of Federal assistance during the
preceding fiscal year achieved
the preparedness priorities.
§753. Federal preparedness
(a) Agency responsibility
In support of the national preparedness system, the President shall ensure
that each Federal agency with responsibilities under the National Response
Plan—
(1) has the operational capability to
meet the national preparedness goal,
including—

(A) the personnel to make and
communicate decisions;
(B) organizational structures that
are assigned, trained, and exercised for the missions of the agency;
(C) sufficient physical resources;
and

(D) the command, control, and
communication channels to make,
monitor, and communicate decisions;
(2) complies with the National Inci162

Selected Statutes > 6 U.S.C. § 753

dent Management System, including credentialing of personnel and
typing of resources likely needed to
respond to a natural disaster, act of
terrorism, or other man-made disaster in accordance with section 320 of
this title;
(3) develops, trains, and exercises
rosters of response personnel to be
deployed when the agency is called
upon to support a Federal response;
(4) develops deliberate operational
plans and the corresponding capabilities, including crisis planning,
to respond effectively to natural disasters, acts of terrorism, and other
man-made disasters in support of the
National Response Plan to ensure a
coordinated Federal response; and
(5) regularly updates, verifies the
accuracy of, and provides to the Administrator the information in the inventory required under section 751
of this title.
(b) Operational plans
An operations plan developed under
subsection (a)(4) shall meet the following requirements:

(1) The operations plan shall be
coordinated under a unified system
with a common terminology, approach, and framework.
(2) The operations plan shall be developed, in coordination with State,
local, and tribal government officials, to address both regional and
national risks.
(3) The operations plan shall contain, as appropriate, the following
elements:
(A) Concepts of operations.

(B) Critical tasks and responsibilities.
(C) Detailed resource and person-

nel requirements, together with
sourcing requirements.
(D) Specific provisions for the
rapid integration of the resources
and personnel of the agency into
the overall response.

(4) The operations plan shall address, as appropriate, the following
matters:
(A) Support of State, local, and
tribal governments in conducting
mass evacuations, including—

(i) transportation and relocation;
(ii) short- and long-term sheltering and accommodation;
(iii) provisions for populations
with special needs, keeping
families together, and expeditious location of missing children; and
(iv) policies and provisions for
pets.
(B) The preparedness and deployment of public health and medical
resources, including resources to
address the needs of evacuees and
populations with special needs.

(C) The coordination of interagency search and rescue operations, including land, water, and
airborne search and rescue operations.
(D) The roles and responsibilities
of the Senior Federal Law Enforcement Official with respect to
other law enforcement entities.
(E) The protection of critical infrastructure.
(F) The coordination of maritime
salvage efforts among relevant
agencies.
(G) The coordination of Department of Defense and National
163

Selected Statutes > 6 U.S.C. §§ 754, 761

(e) Construction
Nothing in this section shall be construed to limit the authority of the Secretary of Defense with regard to—
(1) the command, control, training,
planning, equipment, exercises, or
employment of Department of Defense forces; or
(2) the allocation of Department of
Defense resources.

Guard support of civilian authorities.

(H) To the extent practicable,
the utilization of Department of
Defense, National Air and Space
Administration, National Oceanic
and Atmospheric Administration,
and commercial aircraft and satellite remotely sensed imagery.
(I) The coordination and integration of support from the private
sector and nongovernmental organizations.
(J) The safe disposal of debris, including hazardous materials, and,
when practicable, the recycling of
debris.
(K) The identification of the required surge capacity.
(L) Specific provisions for the
recovery of affected geographic
areas.
(c) Mission assignments
To expedite the provision of assistance
under the National Response Plan, the
President shall ensure that the Administrator, in coordination with Federal
agencies with responsibilities under
the National Response Plan, develops prescripted mission assignments,
including logistics, communications,
mass care, health services, and public
safety.
(d) Certification
The President shall certify to the Committee on Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security and
the Committee on Transportation and
Infrastructure of the House of Representatives on an annual basis that each
Federal agency with responsibilities
under the National Response Plan
complies with subsections (a) and (b).

§754. Use of existing resources
In establishing the national preparedness goal and national preparedness
system, the Administrator shall use
existing preparedness documents,
planning tools, and guidelines to the
extent practicable and consistent with
this Act.
§761. Emergency Management
Assistance Compact grants
(a) In general
The Administrator may make grants
to administer the Emergency Management Assistance Compact consented to
by the Joint Resolution entitled “Joint
Resolution granting the consent of
Congress to the Emergency Management Assistance Compact” (Public
Law 104–321; 110 Stat. 3877).
(b) Uses
A grant under this section shall be
used—

(1) to carry out recommendations
identified in the Emergency Management Assistance Compact afteraction reports for the 2004 and 2005
hurricane season;

(2) to administer compact operations on behalf of all member States
and territories;

(3) to continue coordination with

164

Selected Statutes > 6 U.S.C. § 762

the Agency and appropriate Federal
agencies;

(4) to continue coordination with
State, local, and tribal government
entities and their respective national
organizations; and
(5) to assist State and local governments, emergency response providers, and organizations representing
such providers with credentialing
emergency response providers and
the typing of emergency response
resources.
(c) Coordination
The Administrator shall consult with
the Administrator of the Emergency
Management Assistance Compact to
ensure effective coordination of efforts in responding to requests for assistance.
(d) [Authorization]

lief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(c) Federal share
Except as otherwise specifically provided by title VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act [42 U.S.C. 5195 et
seq.], the Federal share of the cost of an
activity carried out using funds made
available under the program shall not
exceed 50 percent.
(d) Apportionment
For fiscal year 2008, and each fiscal
year thereafter, the Administrator shall
apportion the amounts appropriated to
carry out the program among the States
as follows:
(1) Baseline amount—The Administrator shall first apportion 0.25
percent of such amounts to each of
American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands
and 0.75 percent of such amounts to
each of the remaining States.
(2) Remainder—The Administrator shall apportion the remainder of
such amounts in the ratio that—
(A) the population of each State;
bears to
(B) the population of all States.
(e) Consistency in allocation
Notwithstanding subsection (d), in any
fiscal year before fiscal year 2013 in
which the appropriation for grants under this section is equal to or greater
than the appropriation for emergency
management performance grants in fiscal year 2007, no State shall receive an
amount under this section for that fiscal year less than the amount that State
received in fiscal year 2007.
(f) [Authorization of appropriations]

§762. Emergency management
performance grants program
(a) Definitions
In this section—
(1) the term “program” means the
emergency management performance grants program described in
subsection (b); and
(2) the term “State” has the meaning
given that term in section 102 of the
Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42
U.S.C. 5122).
(b) In general
The Administrator of the Federal Emergency Management Agency shall continue implementation of an emergency
management performance grants program, to make grants to States to assist
State, local, and tribal governments in
preparing for all hazards, as authorized
by the Robert T. Stafford Disaster Re165

Selected Statutes > 6 U.S.C. §§ 763-764, 771

§763. Transfer of Noble Training
Center

tor of the Environmental Protection
Agency, the Secretary of Agriculture,
the Secretary of Commerce, the Secretary of the Treasury, the Secretary of
Transportation, the Administrator of
the Small Business Administration, the
Assistant Secretary for Indian Affairs
of the Department of the Interior, and
the heads of other appropriate Federal
agencies, State, local, and tribal government officials (including through
the National Advisory Council), and
representatives of appropriate nongovernmental organizations shall develop,
coordinate, and maintain a National
Disaster Recovery Strategy to serve as
a guide to recovery efforts after major
disasters and emergencies.
(b) Contents
The National Disaster Recovery Strategy shall—
(1) outline the most efficient and
cost-effective Federal programs
that will meet the recovery needs of
States, local and tribal governments,
and individuals and households affected by a major disaster;
(2) clearly define the role, programs,
authorities, and responsibilities of
each Federal agency that may be of
assistance in providing assistance in
the recovery from a major disaster;
(3) promote the use of the most appropriate and cost-effective building materials (based on the hazards
present in an area) in any area affected by a major disaster, with the
goal of encouraging the construction
of disaster-resistant buildings; and
(4) describe in detail the programs
that may be offered by the agencies
described in paragraph (2), including—
(A) discussing funding issues;

(B) detailing how responsibili-

The Noble Training Center is transferred to the Center for Domestic Preparedness. The Center for Domestic
Preparedness shall integrate the Noble Training Center into the program
structure of the Center for Domestic
Preparedness.
§764. National exercise simulation
center
The President shall establish a national
exercise simulation center that—
(1) uses a mix of live, virtual, and
constructive simulations to—
(A) prepare elected officials,
emergency managers, emergency
response providers, and emergency support providers at all levels
of government to operate cohesively;

(B) provide a learning environment for the homeland security
personnel of all Federal agencies;
(C) assist in the development of
operational procedures and exercises, particularly those based on
catastrophic incidents; and

(D) allow incident commanders
to exercise decisionmaking in a
simulated environment; and
(2) uses modeling and simulation for
training, exercises, and command
and control functions at the operational level.
§771. National Disaster Recovery
Strategy
(a) In general
The Administrator, in coordination
with the Secretary of Housing and
Urban Development, the Administra-

166

Selected Statutes > 6 U.S.C. § 772

(b) Contents
The National Disaster Housing Strategy shall—
(1) outline the most efficient and cost
effective Federal programs that will
best meet the short-term and longterm housing needs of individuals
and households affected by a major
disaster;
(2) clearly define the role, programs,
authorities, and responsibilities of
each entity in providing housing
assistance in the event of a major
disaster, including—

(A) the Agency;

(B) the Department of Housing
and Urban Development;

(C) the Department of Agriculture;
(D) the Department of Veterans
Affairs;
(E) the Department of Health and
Human Services;
(F) the Bureau of Indian Affairs;
(G) any other Federal agency that
may provide housing assistance
in the event of a major disaster;
(H) the American Red Cross; and
(I) State, local, and tribal governments;
(3) describe in detail the programs
that may be offered by the entities
described in paragraph (2), including—
(A) outlining any funding issues;
 (B) detailing how responsibilities
under the National Disaster Housing Strategy will be shared; and
(C) addressing other matters concerning the cooperative effort to
provide housing assistance during
a major disaster;
(4) consider methods through which

ties under the National Disaster
Recovery Strategy will be shared;
and
(C) addressing other matters concerning the cooperative effort to
provide recovery assistance.
(c) Report
(1) In general—Not later than 270
days after October 4, 2006, the Administrator shall submit to the appropriate committees of Congress
a report describing in detail the
National Disaster Recovery Strategy and any additional authorities
necessary to implement any portion
of the National Disaster Recovery
Strategy.
(2) Update—The Administrator
shall submit to the appropriate committees of Congress a report updating the report submitted under
paragraph (1)—

(A) on the same date that any
change is made to the National
Disaster Recovery Strategy; and
(B) on a periodic basis after the
submission of the report under
paragraph (1), but not less than
once every 5 years after the date
of the submission of the report
under paragraph (1).
§772. National Disaster Housing
Strategy
(a) In general
The Administrator, in coordination
with representatives of the Federal
agencies, governments, and organizations listed in subsection (b)(2) of this
section, the National Advisory Council, the National Council on Disability,
and other entities at the Administrator’s discretion, shall develop, coordinate, and maintain a National Disaster
Housing Strategy.
167

Selected Statutes > 6 U.S.C. §§ 772-774

(d) Report
(1) In general—Not later than 270
days after October 4, 2006, the Administrator shall submit to the appropriate committees of Congress
a report describing in detail the
National Disaster Housing Strategy, including programs directed to
meeting the needs of special needs
populations.
(2) Updated report—The Administrator shall submit to the appropriate committees of Congress a report
updating the report submitted under
paragraph (1)—

(A) on the same date that any
change is made to the National
Disaster Housing Strategy; and
(B) on a periodic basis after the
submission of the report under
paragraph (1), but not less than
once every 5 years after the date
of the submission of the report
under paragraph (1).

housing assistance can be provided
to individuals and households where
employment and other resources for
living are available;

(5) describe programs directed to
meet the needs of special needs and
low-income populations and ensure
that a sufficient number of housing
units are provided for individuals
with disabilities;
(6) describe plans for the operation
of clusters of housing provided to
individuals and households, including access to public services, site
management, security, and site density;
(7) describe plans for promoting the
repair or rehabilitation of existing
rental housing, including through
lease agreements or other means,
in order to improve the provision of housing to individuals and
households under section 408 of the
Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42
U.S.C. 5174); and
(8) describe any additional authorities necessary to carry out any portion of the strategy.
(c) Guidance
The Administrator should develop and
make publicly available guidance on—

(1) types of housing assistance
available under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et
seq.) to individuals and households
affected by an emergency or major
disaster;
(2) eligibility for such assistance (including, where appropriate, the continuation of such assistance); and
(3) application procedures for such
assistance.

§773. Individuals with disabilities
guidelines
[Requiring creation of guidelines to
accommodate individuals with disabilities within 90 days of October 4, 2006
during disaster response and recovery.]
§774. Reunification
(a) Definitions
In this section:
(1) Child Locator Center—The
term “Child Locator Center” means
the National Emergency Child Locator Center established under subsection (b).
(2) Declared event—The term “declared event” means a major disaster
or emergency.
(3) Displaced adult—The term
168

Selected Statutes > 6 U.S.C. §§ 774-775

“displaced adult” means an individual 21 years of age or older who
is displaced from the habitual residence of that individual as a result
of a declared event.
(4) Displaced child—The term
“displaced child” means an individual under 21 years of age who
is displaced from the habitual residence of that individual as a result
of a declared event.
(b) National Emergency Child Locator Center
(1) In general—Not later than 180
days after October 4, 2006, the Administrator, in coordination with
the Attorney General of the United
States, shall establish within the
National Center for Missing and Exploited Children the National Emergency Child Locator Center. In establishing the National Emergency
Child Locator Center, the Administrator shall establish procedures
to make all relevant information
available to the National Emergency
Child Locator Center in a timely
manner to facilitate the expeditious
identification and reunification of
children with their families.
(2) Purposes—The purposes of the
Child Locator Center are to—
(A) enable individuals to provide
to the Child Locator Center the
name of and other identifying information about a displaced child
or a displaced adult who may have
information about the location of
a displaced child;
(B) enable individuals to receive
information about other sources
of information about displaced
children and displaced adults;
and
(C) assist law enforcement in lo-

cating displaced children.
(3) Responsibilities and duties—
The responsibilities and duties of the
Child Locator Center are to—
(A) establish a toll-free telephone
number to receive reports of displaced children and information
about displaced adults that may
assist in locating displaced children;
(B) create a website to provide
information about displaced children;
(C) deploy its staff to the location of a declared event to gather
information about displaced children;
(D) assist in the reunification of
displaced children with their families;

(E) provide information to the
public about additional resources
for disaster assistance;
(F) work in partnership with Federal, State, and local law enforcement agencies;
(G) provide technical assistance
in locating displaced children;

(H) share information on displaced children and displaced
adults with governmental agencies and nongovernmental organizations providing disaster assistance;
(I) use its resources to gather information about displaced children;

(J) refer reports of displaced
adults to—
(i) an entity designated by the
Attorney General to provide
technical assistance in locating
displaced adults; and

(ii) the National Emergency
169

Selected Statutes > 6 U.S.C. §§ 776-777, 791

Family Registry and Locator
System as defined under section 775(a) of this title;
(K) enter into cooperative agreements with Federal and State
agencies and other organizations
such as the American Red Cross
as necessary to implement the
mission of the Child Locator Center; and
(L) develop an emergency response plan to prepare for the
activation of the Child Locator
Center.
(c) Omitted
(d) [Report]

(2) ensure that information submitted under paragraph (1) is accessible
to those individuals named by a displaced individual and to those law
enforcement officials;
(3) be accessible through the Internet and through a toll-free number,
to receive reports of displaced individuals; and

(4) include a means of referring
displaced children to the National
Emergency Child Locator Center
established under section 774 of this
title.
(d) [Publication of information]
(e) [Coordination]
(f) [Report]

§775. National Emergency Family
Registry and Locator System

§776. Individuals and households
pilot program

(a) Definitions
In this section—
(1) the term “displaced individual”
means an individual displaced by an
emergency or major disaster; and
(2) the term “National Emergency
Family Registry and Locator System” means the National Emergency
Family Registry and Locator System
established under subsection (b).
(b) [Establishment]
(c) Operation of System
The National Emergency Family Registry and Locator System shall—
(1) allow a displaced adult (including medical patients) to voluntarily
register (and allow an adult that is
the parent or guardian of a displaced
child to register such child), by submitting personal information to be
entered into a database (such as the
name, current location of residence,
and any other relevant information
that could be used by others seeking
to locate that individual);

[Establishing pilot program through
December 31, 2008]
§777. Public assistance pilot
program
[Establishing pilot program through
December 31, 2008]
§791. Advance contracting
(a) [Initial report]
(b) Entering into contracts
(1) In general—Not later than 1
year after October 4, 2006, the Administrator shall enter into 1 or more
contracts for each type of goods or
services identified under subsection
(a)(1)(A), and in accordance with
the contracting strategy identified
in subsection (a)(1)(C). Any contract for goods or services identified
in subsection (a)(1)(A) previously
awarded may be maintained in fulfilling this requirement.
170

Selected Statutes > 6 U.S.C. §§ 792-793

§792. Limitations on tiering of
subcontractors

(2) Considered factors—Before
entering into any contract under this
subsection, the Administrator shall
consider section 5150 of title 42.
(3) Prenegotiated Federal contracts for goods and services—
The Administrator, in coordination
with State and local governments
and other Federal agencies, shall
establish a process to ensure that
Federal prenegotiated contracts for
goods and services are coordinated
with State and local governments, as
appropriate.
(4) Prenegotiated State and local
contracts for goods and services—The Administrator shall encourage State and local governments to
establish prenegotiated contracts
with vendors for goods and services
in advance of natural disasters and
acts of terrorism or other man-made
disasters.
(c) Maintenance of contracts
After the date described under subsection (b), the Administrator shall have
the responsibility to maintain contracts
for appropriate levels of goods and
services in accordance with subsection
(a)(1)(C).
(d) Report on contracts not using
competitive procedures
At the end of each fiscal quarter, beginning with the first fiscal quarter occurring at least 90 days after October 4,
2006, the Administrator shall submit
a report on each disaster assistance
contract entered into by the Agency
by other than competitive procedures
to the appropriate committees of Congress.

(a) Regulations
The Secretary shall promulgate regulations applicable to contracts described
in subsection (c) to minimize the excessive use by contractors of subcontractors or tiers of subcontractors to
perform the principal work of the contract.
(b) Specific requirement
At a minimum, the regulations promulgated under subsection (a) shall
preclude a contractor from using subcontracts for more than 65 percent of
the cost of the contract or the cost of
any individual task or delivery order
(not including overhead and profit),
unless the Secretary determines that
such requirement is not feasible or
practicable.
(c) Covered contracts
This section applies to any cost-reimbursement type contract or task or
delivery order in an amount greater
than the simplified acquisition threshold (as defined by section 134 of title
41) entered into by the Department to
facilitate response to or recovery from
a natural disaster or act of terrorism or
other man-made disaster.
§793. Oversight and accountability
of Federal disaster expenditures
(a) Authority of Administrator
to designate funds for oversight
activities
The Administrator may designate up to
1 percent of the total amount provided
to a Federal agency for a mission assignment as oversight funds to be used
by the recipient agency for performing
oversight of activities carried out under the Agency reimbursable mission
171

Selected Statutes > 6 U.S.C. § 793

assignment process. Such funds shall
remain available until expended.
(b) Use of funds
(1) Types of oversight activities—
Oversight funds may be used for the
following types of oversight activities related to Agency mission assignments:
(A) Monitoring, tracking, and auditing expenditures of funds.
(B) Ensuring that sufficient management and internal control
mechanisms are available so that
Agency funds are spent appropriately and in accordance with all
applicable laws and regulations.
(C) Reviewing selected contracts
and other activities.

(D) Investigating allegations of
fraud involving Agency funds.
(E) Conducting and participating
in fraud prevention activities with
other Federal, State, and local
government personnel and contractors.
(2) Plans and reports—Oversight
funds may be used to issue the plans
required under subsection (e) and
the reports required under subsection (f).
(c) Restriction on use of funds
Oversight funds may not be used to
finance existing agency oversight responsibilities related to direct agency
appropriations used for disaster response, relief, and recovery activities.
(d) Methods of oversight activities
(1) In general—Oversight activities may be carried out by an agency
under this section either directly or
by contract. Such activities may include evaluations and financial and
performance audits.
(2) Coordination of oversight ac-

tivities—To the extent practicable,
evaluations and audits under this
section shall be performed by the
inspector general of the agency.
(e) Development of oversight plans
(1) In general—If an agency receives oversight funds for a fiscal
year, the head of the agency shall
prepare a plan describing the oversight activities for disaster response,
relief, and recovery anticipated to be
undertaken during the subsequent
fiscal year.
(2) Selection of oversight activities—In preparing the plan, the head
of the agency shall select oversight
activities based upon a risk assessment of those areas that present the
greatest risk of fraud, waste, and
abuse.
(3) Schedule—The plan shall include a schedule for conducting
oversight activities, including anticipated dates of completion.
(f) Federal disaster assistance accountability reports
A Federal agency receiving oversight
funds under this section shall submit
annually to the Administrator and the
appropriate committees of Congress a
consolidated report regarding the use
of such funds, including information
summarizing oversight activities and
the results achieved.
(g) Definition
In this section, the term “oversight
funds” means funds referred to in subsection (a) that are designated for use
in performing oversight activities.

172

Selected Statutes > 6 U.S.C. §§ 794-796

§794. Limitation on length of
certain noncompetitive contracts

assistance develop and maintain
proper internal management controls to prevent and detect fraud,
waste, and abuse;

(2) application databases used by
the Agency to collect information
on eligible recipients must record
disbursements;

(3) such tracking is designed to
highlight and identify ineligible applications; and

(4) the databases used to collect
information from applications for
such assistance must be integrated
with disbursements and payment records.
(b) Audits and reviews required
The Administrator shall ensure that any
database or similar application processing system for Federal disaster relief
assistance programs administered by
the Agency undergoes a review by the
Inspector General of the Agency to determine the existence and implementation of such internal controls required
under this section and the amendments
made by this section.

(a) Regulations
The Secretary shall promulgate regulations applicable to contracts described
in subsection (c) to restrict the contract
period of any such contract entered
into using procedures other than competitive procedures pursuant to the exception provided in paragraph (2) of
section 3304(a) of title 41 to the minimum contract period necessary—
(1) to meet the urgent and compelling requirements of the work to be
performed under the contract; and

(2) to enter into another contract
for the required goods or services
through the use of competitive procedures.
(b) Specific contract period
The regulations promulgated under
subsection (a) shall require the contract
period to not to exceed1 150 days, unless the Secretary determines that exceptional circumstances apply.
(c) Covered contracts
This section applies to any contract in
an amount greater than the simplified
acquisition threshold (as defined by
section 134 of title 41) entered into by
the Department to facilitate response
to or recovery from a natural disaster,
act of terrorism, or other man-made
disaster.

§796. Registry of disaster response
contractors
(a) Definitions
In this section—

(1) the term “registry” means the
registry created under subsection
(b); and
(2) the terms “small business concern”, “small business concern
owned and controlled by socially
and economically disadvantaged individuals”, “small business concern
owned and controlled by women”,
and “small business concern owned
and controlled by service-disabled
veterans” have the meanings given

§795. Fraud, waste, and abuse
controls
(a) In general
The Administrator shall ensure that—
(1) all programs within the Agency
administering Federal disaster relief
1. So in original. Probably should be “period
not to exceed.”

173

Selected Statutes > 6 U.S.C. §§ 796-799, 811

those terms under the Small Business Act (15 U.S.C. 631 et seq.).
(b) Registry
(1) In general—The Administrator
shall establish and maintain a registry of contractors who are willing
to perform debris removal, distribution of supplies, reconstruction, and
other disaster or emergency relief
activities.
(2) Contents—The registry shall include, for each business concern—
 (A) the name of the business concern;
(B) the location of the business
concern;
(C) the area served by the business concern;
(D) the type of good or service
provided by the business concern;
(E) the bonding level of the business concern; and
(F) whether the business concern
is—
(i) a small business concern;

(ii) a small business concern
owned and controlled by socially and economically disadvantaged individuals;
(iii) a small business concern
owned and controlled by women; or
(iv) a small business concern
owned and controlled by service-disabled veterans.
(3) Source of information—

(A)
Submission—Information
maintained in the registry shall
be submitted on a voluntary basis
and be kept current by the submitting business concerns.

(B) Attestation—Each business

concern submitting information
to the registry shall submit—
(i) an attestation that the information is true; and

(ii) documentation supporting
such attestation.

(C) Verification—The Administrator shall verify that the documentation submitted by each
business concern supports the information submitted by that business concern.
(4) Availability of registry—The
registry shall be made generally
available on the Internet site of the
Agency.
(5) Consultation of registry—As
part of the acquisition planning for
contracting for debris removal, distribution of supplies in a disaster,
reconstruction, and other disaster or
emergency relief activities, a Federal agency shall consult the registry.
§797. Fraud prevention training
program
The Administrator shall develop and
implement a program to provide training on the prevention of waste, fraud,
and abuse of Federal disaster relief assistance relating to the response to or
recovery from natural disasters and
acts of terrorism or other man-made
disasters and ways to identify such potential waste, fraud, and abuse.
§811. Authorization of
appropriations
[Establishing appropriations formula]

174

Selected Statutes > 6 U.S.C. §1102; Executive Order 12148

§1102. National Domestic
Preparedness Consortium

From the amounts appropriated pursuant to this section, the Secretary shall
ensure that future amounts provided
to each of the following entities are
not less than the amounts provided to
each such entity for participation in the
Consortium in fiscal year 2007—

(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials
Research and Testing Center, New
Mexico Institute of Mining and
Technology;
(3) the National Center for Biomedical Research and Training, Louisiana State University;

(4) the National Emergency Response and Rescue Training Center,
Texas A&M University; and
(5) the National Exercise, Test, and
Training Center, Nevada Test Site.

(a) In general
The Secretary is authorized to establish, operate, and maintain a National
Domestic Preparedness Consortium
within the Department.
(b) Members
Members of the National Domestic
Preparedness Consortium shall consist
of—

(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials
Research and Testing Center, New
Mexico Institute of Mining and
Technology;
(3) the National Center for Biomedical Research and Training, Louisiana State University;

(4) the National Emergency Response and Rescue Training Center,
Texas A&M University;
(5) the National Exercise, Test, and
Training Center, Nevada Test Site;

(6) the Transportation Technology Center, Incorporated, in Pueblo,
Colorado; and
(7) the National Disaster Preparedness Training Center, University of
Hawaii.
(c) Duties
The National Domestic Preparedness
Consortium shall identify, develop,
test, and deliver training to State, local,
and tribal emergency response providers, provide on-site and mobile training at the performance and management and planning levels, and facilitate
the delivery of training by the training
partners of the Department.
(d) [Authorization of appropriations]
(e) Savings provision

Executive Order 12148
42 U.S.C. § 5195 note
Ex. Ord. No. 12148. Federal Emergency
Management
Ex. Ord. No. 12148, July 20, 1979, 44 F.R.
43239, as amended by Ex. Ord. No. 12155,
Sept. 10, 1979, 44 F.R. 53071; Ex. Ord.
No. 12156, Sept. 10, 1979, 44 F.R. 53073;
Ex. Ord. No. 12381, Sept. 8, 1982, 47
F.R. 39795; Ex. Ord. No. 12673, Mar. 23,
1989, 54 F.R. 12571; Ex. Ord. No. 12919,
§904(a)(8), June 3, 1994, 59 F.R. 29533;
Ex. Ord. No. 13286, §52, Feb. 28, 2003, 68
F.R. 10628, provided:
By the authority vested in me as President
by the Constitution and laws of the United
States of America, including the Federal
Civil Defense Act of 1950, as amended
(50 U.S.C. App. 2251 et seq.), the Disaster
Relief Act of 1970, as amended (42 U.S.C.
Chapter 58 note), the Disaster Relief Act
of 1974 (88 Stat. 143; 42 U.S.C. 5121 et
seq.), the Earthquake Hazards Reduction
Act of 1977 (42 U.S.C. 7701 et seq.),
175

Executive Order 12148
Section 4 of Public Law 92–385 (86 Stat.
556), Section 43 of the Act of August 10,
1956, as amended (50 U.S.C. App. 2285),
the National Security Act of 1947, as
amended [see Short Title note set out under
50 U.S.C. 401], the Defense Production
Act of 1950, as amended (50 U.S.C. App.
2061 et seq.), Reorganization Plan No. 1
of 1958 [set out above], Reorganization
Plan No. 1 of 1973 [set out above], the
Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.),
Section 202 of the Budget and Accounting
Procedures Act of 1950 (31 U.S.C. 581c)
[31 U.S.C. 1531], and Section 301 of Title
3 of the United States Code, and in order to
transfer emergency functions to the Department of Homeland Security, it is hereby
ordered as follows:

performed by the Office of Science and
Technology Policy, are delegated, transferred, or reassigned to the Secretary of
Homeland Security.
1–2. Transfer or Reassignment of Resources.
1–201. The records, property, personnel and positions, and unexpended
balances of appropriations, available or
to be made available, which relate to
the functions transferred, reassigned,
or redelegated by this Order are hereby
transferred to the Secretary of Homeland Security.
1–202. The Director of the Office of
Management and Budget shall make
such determinations, issue such orders,
and take all actions necessary or appropriate to effectuate the transfers or
reassignments provided by this Order,
including the transfer of funds, records,
property, and personnel.
Sec. 2. Management of Emergency
Planning and Assistance
2–1. General.
2–101. The Secretary of Homeland
Security shall establish Federal policies
for, and coordinate, all civil defense and
civil emergency planning, management,
mitigation, and assistance functions of
Executive agencies.
2–102. The Secretary of Homeland
Security shall periodically review and
evaluate the civil defense and civil
emergency functions of the Executive agencies. In order to improve the
efficiency and effectiveness of those
functions, the Secretary of Homeland
Security shall recommend to the President alternative methods of providing
Federal planning, management, mitigation, and assistance.
2–103. The Secretary of Homeland
Security shall be responsible for the
coordination of efforts to promote dam
safety, for the coordination of natural
and nuclear disaster warning systems,
and for the coordination of preparedness
and planning to reduce the consequences of major terrorist incidents.

Section 1. Transfers or Reassignments
1–1. Transfer or Reassignment of Existing Functions.
1–101. All functions vested in the
President that have been delegated or
assigned to the Defense Civil Preparedness Agency, Department of Defense,
are transferred or reassigned to the
Secretary of Homeland Security.
1–102. All functions vested in the
President that have been delegated or
assigned to the Federal Disaster Assistance Administration, Department
of Housing and Urban Development,
are transferred or reassigned to the
Secretary of Homeland Security, including any of those functions redelegated
or reassigned to the Department of
Commerce with respect to assistance
to communities in the development of
readiness plans for severe weather-related emergencies.
1–103. All functions vested in the
President that have been delegated or
assigned to the Federal Preparedness
Agency, General Services Administration, are transferred or reassigned to the
Secretary of Homeland Security.
1–104. All functions vested in the
President by the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C.
7701 et seq.), including those functions
176

Executive Order 12148
2–104. The Secretary of Homeland
Security shall represent the President in
working with State and local governments and private sector to stimulate
vigorous participation in civil emergency preparedness, mitigation, response,
and recovery programs.
2–105. The Secretary of Homeland Security shall provide an annual report to
the President for subsequent transmittal
to the Congress on the functions of the
Department of Homeland Security. The
report shall assess the current overall
state of effectiveness of Federal civil
defense and civil emergency functions,
organizations, resources, and systems
and recommend measures to be taken to
improve planning, management, assistance, and relief by all levels of government, the private sector, and volunteer
organizations.
2–2. Implementation.
2–201. In executing the functions under
this Order, the Secretary of Homeland
Security shall develop policies which
provide that all civil defense and civil
emergency functions, resources, and
systems of Executive agencies are:
(a) founded on the use of existing
organizations, resources, and systems
to the maximum extent practicable;
(b) integrated effectively with organizations, resources, and programs
of State and local governments, the
private sector and volunteer organizations; and
(c) developed, tested and utilized to
prepare for, mitigate, respond to and
recover from the effects on the population of all forms of emergencies.
2–202. Assignments of civil emergency
functions shall, whenever possible, be
based on extensions (under emergency
conditions) of the regular missions of
the Executive agencies.
2–203. For purposes of this Order, “civil
emergency” means any accidental, natural, man-caused, or wartime emergency
or threat thereof, which causes or may
cause substantial injury or harm to the
population or substantial damage to or

loss of property.
2–204. In order that civil defense planning continues to be fully compatible
with the Nation’s overall strategic
policy, and in order to maintain an
effective link between strategic nuclear
planning and nuclear attack preparedness planning, the development of civil
defense policies and programs by the
Secretary of Homeland Security shall
be subject to oversight by the Secretary
of Defense and the National Security
Council.
2–205. To the extent authorized by
law and within available resources, the
Secretary of Defense shall provide the
Secretary of Homeland Security with
support for civil defense programs in
the areas of program development and
administration, technical support, research, communications, transportation,
intelligence, and emergency operations.
2–206. All Executive agencies shall cooperate with and assist the Secretary of
Homeland Security in the performance
of his functions.
2–3. Transition Provisions.
2–301. The functions which have been
transferred, reassigned, or redelegated
by Section 1 of this Order are recodified
and revised as set forth in this Order
at Section 4, and as provided by the
amendments made at Section 5 to the
provisions of other Orders.
2–302. Notwithstanding the revocations,
revisions, codifications, and amendments made by this Order, the Secretary
of Homeland Security may continue to
perform the functions transferred to him
by Section 1 of this Order, except where
they may otherwise be inconsistent with
the provisions of this Order.
Sec. 3. Federal Emergency Management
Council
[Revoked by Ex. Ord. No. 12919,
§904(a)(8), June 3, 1994, 59 F.R. 29533.]
Sec. 4. Delegations
4–1. Delegation of Functions Transferred to the President.
177

Executive Order 12148
4–101. [Revoked by Ex. Ord. No.
12155, Sept. 10, 1979, 44 F.R. 53071.]
4–102. The functions vested in the
Director of the Office of Defense
Mobilization by Sections 103 and 303
of the National Security Act of 1947,
as amended by Sections 8 and 50 of the
Act of September 3, 1954 (Public Law
779; 68 Stat. 1228 and 1244) (50 U.S.C.
404 and 405), were transferred to the
President by Section 1(a) of Reorganization Plan No. 1 of 1958, as amended (50
U.S.C. App. 2271 note) [now set out
above], and they are hereby delegated to
the Secretary of Homeland Security.
4–103. (a) The functions vested in the
Federal Civil Defense Administration
or its Administrator by the Federal
Civil Defense Act of 1950, as amended
(50 U.S.C. App. 2251 et seq.), were
transferred to the President by Reorganization Plan No. 1 of 1958, and they
are hereby delegated to the Secretary of
Homeland Security.
(b) Excluded from the delegation in
subsection (a) is the function under
Section 205(a)(4) of the Federal Civil
Defense Act of 1950, as amended
(50 U.S.C. App. 2286(a)(4)), relating
to the establishment and maintenance of personnel standards on the
merit basis that was delegated to the
Director of the Office of Personnel
Management by Section 1(b) of Executive Order No. 11589, as amended
(Section 2–101(b) of Executive Order
No. 12107) [5 U.S.C. 3376 note].
4–104. The Secretary of Homeland Security is authorized to redelegate, in accord with the provisions of Section 1(b)
of Reorganization Plan No. 1 of 1958
(50 U.S.C. App. 2271 note) [now set out
above], any of the functions delegated
by Sections 4–101, 4–102, and 4–103 of
this Order.
4–105. The functions vested in the Administrator of the Federal Civil Defense
Administration by Section 43 of the Act
of August 10, 1956 (70A Stat. 636) [50
U.S.C. App. 2285], were transferred to
the President by Reorganization Plan

No. 1 of 1958, as amended (50 U.S.C.
App. 2271 note) [now set out above],
were subsequently revested in the Director of the Office of Civil and Defense
Mobilization by Section 512 of Public
Law 86–500 (50 U.S.C. App. 2285) [the
office was changed to Office of Emergency Planning by Public Law 87–296
(75 Stat. 630) and then to the Office of
Emergency Preparedness by Section 402
of Public Law 90–608 (82 Stat. 1194)],
were again transferred to the President
by Section 1 of Reorganization Plan No.
1 of 1973 (50 U.S.C. App. 2271 note)
[now set out above], and they are hereby
delegated to the Secretary of Homeland
Security.
4–106. The functions vested in the
Director of the Office of Emergency
Preparedness by Section 16 of the Act
of September 23, 1950, as amended (20
U.S.C. 646), and by Section 7 of the
Act of September 30, 1950, as amended
(20 U.S.C. 241–1), were transferred to
the President by Section 1 of Reorganization Plan No. 1 of 1973 (50 U.S.C.
App. 2271 note) [now set out above],
and they are hereby delegated to the
Secretary of Homeland Security.
4–107. That function vested in the
Director of the Office of Emergency
Preparedness by Section 762(a) of the
Higher Education Act of 1965, as added
by Section 161(a) of the Education
Amendments of 1972, and as further
amended (20 U.S.C. 1132d–1(a)), to
the extent transferred to the President
by Reorganization Plan No. 1 of 1973
(50 U.S.C. App. 2271 note) [now set
out above], is hereby delegated to the
Secretary of Homeland Security.
4–2. Delegation of Functions Vested in
the President.
4–201. The functions vested in the
President by the Disaster Relief Act of
1970, as amended (42 U.S.C. Chapter
58 note), are hereby delegated to the
Secretary of Homeland Security.
4–202. The functions (related to grants
for damages resulting from hurricane
and tropical storm Agnes) vested in

178

Executive Order 12148
the President by Section 4 of Public
Law 92–335 (86 Stat. 556) are hereby
delegated to the Secretary of Homeland
Security.
Section [sic] 4–203. The functions
vested in the President by the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C.
5121 et seq.), except those functions
vested in the President by Section 401
(relating to the declaration of major
disasters and emergencies) [42 U.S.C.
5170], Section 501 (relating to the
declaration of emergencies) [42 U.S.C.
5191], Section 405 (relating to the
repair, reconstruction, restoration, or
replacement of Federal facilities) [42
U.S.C. 5171], and Section 412 (relating
to food coupons [benefits] and distribution) [42 U.S.C. 5179], are hereby
delegated to the Secretary of Homeland
Security.
4–204. The functions vested in the
President by the Earthquake Hazards
Reduction Act of 1977, as amended (42
U.S.C. 7701 et seq.) are delegated to the
Secretary of Homeland Security.
4–205. Effective July 30, 1979, the
functions vested in the President by Section 4(h) of the Commodity Credit Corporation Charter Act, as amended (15
U.S.C. 714b(h)), are hereby delegated to
the Secretary of Homeland Security.
4–206. Effective July 30, 1979, the
functions vested in the President by Section 204(f) of the Federal Property and
Administrative Services Act of 1949,
as amended (40 U.S.C. 485(f)) [now 40
U.S.C. 574(d)], are hereby delegated to
the Secretary of Homeland Security.
4–207. The functions vested in the
President by Section 502 of the Federal
Civil Defense Act of 1950, as amended
(50 U.S.C. App. 2302), are delegated to
the Secretary of Homeland Security.
Sec. 5. Other Executive Orders
[5–1. Revocations.]
[5–2. Amendments.]
Sec. 6.
This Order is effective July 15, 1979.
179

Additional FEMA Authorities
Name/Title

Location

Acts
Defense Production Act of 1950

50 App. U.S.C. § 2061 et seq.

Earthquake Hazards Reduction Act of 1977

42 U.S.C. § 7701 et seq.

Fire Prevention and Control Act of 1974

15 U.S.C. § 2201 et seq.;
42 U.S.C. § 290a

McKinney-Vento Homeless Assistance Act (Title III)

42 U.S.C. § 11331 et seq.

National Capital Region Mutual Aid

42 U.S.C. § 5196 note

National Dam Safety Program Act

33 U.S.C. § 467 et seq.

National Emergencies Act

50 U.S.C. § 1601 et seq.

National Flood Insurance Act of 1968

42 U.S.C. § 4001 et seq.

National Security Act of 1947

50 U.S.C. §§ 404-405

Section 109 of Public Law 96-295 (June 30, 1980)

N/A

Warning, Alert, and Response Network Act

47 U.S.C. § 1201 et seq.

Specific Statutes
Comprehensive emergency response plans

42 U.S.C. § 11003

Destruction of existing stockpile of lethal chemical
agents and munitions

50 U.S.C. § 1521

Emergency response to natural disasters

33 U.S.C. § 701n

Planning and training grants, monitoring, and review

49 U.S.C. § 5116

Response authorities [CERCLA]

42 U.S.C. § 9604

Training curriculum for the public sector

49 U.S.C. § 5115

War powers of President

47 U.S.C. § 606

Executive Orders
E.O. 11514, Protection and Enhancement of Environmental Quality

42 U.S.C. § 4321 note

E.O. 11795, Delegation of Presidential Functions

42 U.S.C. § 5121 note

E.O. 11988, Floodplain Management

42 U.S.C. § 4321 note

E.O. 11990, Protection of Wetlands

42 U.S.C. § 4321 note

E.O. 12127, Transfer of Functions to Federal Emergency Management Agency

15 U.S.C. § 2201 note

E.O. 12148, Federal Emergency Management

42 U.S.C. § 5195 note

180

Executive Orders (continued)
E.O. 12472, Assignment of National Security
and Emergency Preparedness Telecommunications
Functions

42 U.S.C. § 5195 note

E.O. 12656, Assignment of Emergency Preparedness
Responsibilities

42 U.S.C. § 5195 note

E.O. 12657, Department of Homeland
Security Assistance in Emergency Preparedness
Planning at Commercial Nuclear Power Plants

42 U.S.C. § 5195 note

E.O. 12673, Delegation of Disaster Relief and Emergency Assistance Functions

42 U.S.C. § 5195 note

E.O. 12699, Seismic Safety of Federal and Federally
Assisted or Regulated New Building Construction.

42 U.S.C. § 7704 note

E.O. 12941, Seismic Safety of Existing Federally
Owned or Leased Buildings

42 U.S.C. § 7705b note

E.O. 13010, Critical Infrastructure Protection

42 U.S.C. § 5195 note

E.O. 13151, Global Disaster Information Network

42 U.S.C. § 5195 note

E.O. 13161, Establishment of the Presidential Medal
of Valor for Public Safety Officers

15 U.S.C. § 2214 note

E.O. 13347, Individuals with Disabilities in
Emergency Preparedness

6 U.S.C. § 314 note

E.O. 13407, Public Alert and Warning System

42 U.S.C. § 5195 note

Reorganization Plan No. 1 of 1958

42 U.S.C. § 5195 note

Reorganization Plan No. 1 of 1973

42 U.S.C. § 5195 note

Reorganization Plan No. 3 of 1978

15 U.S.C. § 2201 note

181

The Office of Chief Counsel maintains this booklet. Please submit any
comments or inquiries about this publication to [email protected].