42 U.S.C. 5195-5195(a)

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.

7LWOH,²)LQGLQJV'HFODUDWLRQVDQG'HÀQLWLRQV
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) ...............12
Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147)........................12
Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148) ........................13
Sec. 306. Performance of Services (42 U.S.C. 5149) ...........................................13
Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150) .........................13
Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151) ...............14
Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152) ........15
Sec. 310. Priority to Certain Applications for Public Facility and
Public Housing Assistance (42 U.S.C. 5153) .......................................15
Sec. 311. Insurance (42 U.S.C. 5154) ..................................................................16
-Prohibited Flood Disaster Assistance (42 U.S.C. 5154a).....................16
Sec. 312. Duplication of Benefits (42 U.S.C. 5155) ............................................18
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) ......................................20
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
Sec. 323
Minimum Standards for Public and
Private Structures (42 U.S.C. 5165a) ...................................................22
i

Sec. 324.
Sec. 325.
Sec. 326.

Management Costs (42 U.S.C. 5165b) ................................................23
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

Title IV – Major Disaster Assistance Programs
Sec. 401. Procedure for Declaration (42 U.S.C. 5170) ........................................25
Sec. 402. General Federal Assistance (42 U.S.C. 5170a) ....................................26
Sec. 403. Essential Assistance (42 U.S.C. 5170b) ...............................................27
Sec. 404. Hazard Mitigation (42 U.S.C. 5170c) .................................................29
Sec. 405. Federal Facilities (42 U.S.C. 5171) ......................................................32
Sec. 406. Repair, Restoration, and Replacement
of Damaged Facilities (42 U.S.C. 5172)...............................................32
Sec. 407. Debris Removal (42 U.S.C. 5173) .......................................................38
Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174) ..39
Sec. 410. Unemployment Assistance (42 U.S.C. 5177) .......................................44
-Emergency Grants to Assist Low-Income Migrant
and Seasonal Farmworkers (42 U.S.C. 5177a) .....................................45
Sec. 412. Benefits and Distribution (42 U.S.C. 5179) .........................................46
Sec. 413. Food Commodities (42 U.S.C. 5180) ..................................................46
Sec. 414. Relocation Assistance (42 U.S.C. 5181) ..............................................46
Sec. 415. Legal Services (42 U.S.C. 5182) ..........................................................47
Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183) ..............47
Sec. 417. Community Disaster Loans (42 U.S.C. 5184) .....................................47
Sec. 418. Emergency Communications (42 U.S.C. 5185) ...................................48
Sec. 419. Emergency Public Transportation (42 U.S.C. 5186)............................48
Sec. 420. Fire Management Assistance (42 U.S.C. 5187) ...................................48
Sec. 421. Timber Sale Contracts (42 U.S.C. 5188) .............................................48
Sec. 422. Simplified Procedure (42 U.S.C. 5189) ................................................49
Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a).............................50
Sec. 424. Date of Eligibility; Expenses Incurred Before
Date of Disaster (42 U.S.C. 5189b) .....................................................50
Sec. 425. Transportation Assistance to Individuals
and Households (42 U.S.C. 5189c) ......................................................50
Sec. 426. Case Management Services (42 U.S.C. 5189d) ...................................51
Sec. 427. Essential Service Providers (42 U.S.C. 5189e) .....................................51
Sec. 428. Public Assistance Program Alternative Procedures (42 U.S.C. 5189f ) 52
Sec. 429. Unified Federal Review (42 U.S.C. 5189g) ..........................................55
Title V – Emergency Assistance Programs
Sec. 501. Procedure for Declaration (42 U.S.C. 5191) ........................................56
Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192) .................................57
Sec. 503. Amount of Assistance (42 U.S.C. 5193) ..............................................58

ii

Title VI – Emergency Preparedness
Sec. 601. Declaration of Policy (42 U.S.C. 5195)................................................59
Sec. 602. Definitions (42 U.S.C. 5195a) .............................................................59
Sec. 603. Administration of Title (42 U.S.C. 5195b) ..........................................60
-Critical Infrastructures Protection (42 U.S.C. 5195c) ..........................61
Subtitle A—Powers and Duties
Sec. 611. Detailed Functions or Administration (42 U.S.C. 5196) .....................63
Sec. 612. Mutual Aid Pacts Between States
and Neighboring Counties (42 U.S.C. 5196a) .....................................67
Sec. 613. Contributions for Personnel and
Administrative Expenses (42 U.S.C. 5196b) ........................................67
Sec. 614. Grants for Construction of Emergency Operations Centers
(42 U.S.C. 5196c) ................................................................................69
Sec. 615. Use of Funds to Prepare for and Respond to Hazards
(42 U.S.C. 5196d) ................................................................................69
-Radiological Emergency Preparedness Fund (42 U.S.C. 5196e)..........70
Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f ) ...................70
Subtitle B—General Provisions
Sec. 621. Administrative Authority (42 U.S.C. 5197) .........................................71
Sec. 622. Security Regulations (42 U.S.C. 5197a)...............................................72
Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b) ........................................73
Sec. 624. Annual Report to Congress (42 U.S.C. 5197c) ....................................74
Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d) ...................................74
Sec. 626. Authorization of Appropriations and Transfers of Funds
(42 U.S.C. 5197e) ................................................................................74
Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f ) ................74
Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)..............................74
Title VII – Miscellaneous
Sec. 701. Rules and Regulations (42 U.S.C. 5201)..............................................75
-Insular Areas Disaster Survival and Recovery;
Definitions (42 U.S.C. 5204) ...............................................................75
-Technical Assistance for Insular Areas (42 U.S.C. 5204b) ...................76
Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205) ........................76
-Buy American (42 U.S.C. 5206) ..........................................................77
Sec. 706
Firearms Policies (42 U.S.C. 5207) ..................................................... 77

iii

Miscellaneous Statutory Provisions that Relate to the Stafford Act
U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, Pub. L. 110-28, 121 Stat. 112 (2007), signed on May 25, 2007
Sec. 4501. (100% Federal Share for Katrina, Wilma, Dennis, and Rita) ...............80
Sec. 4502. (Allowing Community Disaster Loans to be Canceled) ......................80
Department of Homeland Security Appropriations Act, 2007, Pub. L. 109-295, 120
Stat. 1355 (2006), signed on October 4, 2006 [Includes Post-Katrina Emergency
Management Reform Act (PKEMRA)]
Sec. 536.

(Accounting for Needs of Individuals with Household Pets
and Service Animals) ...........................................................................81

Title 6 United States Code
Sec. 101. Definitions ...........................................................................................82
Sec. 111. Executive department; mission ............................................................83
Sec. 112. Secretary; functions..............................................................................83
Sec. 113. Other officers .......................................................................................85
Sec. 238. Office for Domestic Preparedness........................................................86
Sec. 311. Definitions ...........................................................................................87
Sec. 312. Definition ............................................................................................88
Sec. 313. Federal Emergency Management Agency ...........................................88
Sec. 314. Authority and responsibilities ..............................................................90
Sec. 314a. FEMA Programs .................................................................................92
Sec. 315. Functions transferred ...........................................................................92
Sec. 316. Preserving the Federal Emergency Management Agency ...................92
Sec. 317. Regional offices ....................................................................................93
Sec. 318. National Advisory Council ..................................................................95
Sec. 319. National Integration Center ................................................................97
Sec. 320. Credentialing and typing .....................................................................98
Sec. 321. National Infrastructure Simulation and Analysis Center .....................99
Sec. 321a. Evacuation plans and exercises...........................................................100
Sec. 321b. Disability Coordinator .......................................................................101
Sec. 321c. Department and Agency officials.......................................................102
Sec. 321d. National Operations Center ..............................................................102
Sec. 321e. Chief Medical Officer ........................................................................102
Sec. 321f. Nuclear incident response ..................................................................103
Sec. 321g. Conduct of certain public health-related activities.............................103
Sec. 321h. Use of national private sector networks in emergency response .........104
Sec. 321i. Use of commercially available technology, goods, and services...........104
Sec. 321j. Procurement of security countermeasures for
Strategic National Stockpile ..............................................................104
Sec. 321k. Model standards and guidelines for critical infrastructure workers ....105
Sec. 321l. Guidance and recommendations .......................................................105

iv

Sec. 321m. Voluntary private sector preparedness accreditation and
certification program..........................................................................106
Sec. 321n. Acceptance of gifts.............................................................................112
Sec. 347. Quadrennial homeland security review ..............................................113
Sec. 462. Office of National Capital Region Coordination...............................114
Sec. 466. Sense of Congress reaffirming the continued importance and
applicability of the Posse Comitatus Act ...........................................115
Sec. 470. Disclosures regarding homeland security grants ................................115
Sec. 526. Integrated Public Alert and Warning System Modernization ...........116
Sec. 571. Office of Emergency Communications..............................................118
Sec. 579. Interoperable Emergency Communications Grant Program .............119
Sec. 601. Definitions .........................................................................................122
Sec. 603. Homeland security grant programs....................................................124
Sec. 604. Urban Area Security Initiative ...........................................................125
Sec. 605. State Homeland Security Grant Program..........................................128
Sec. 606. Grants to directly eligible tribes .........................................................130
Sec. 607. Terrorism prevention .........................................................................131
Sec. 608. Prioritization......................................................................................133
Sec. 609. Use of funds .......................................................................................134
Sec. 611. Administration and coordination.......................................................137
Sec. 612. Accountability....................................................................................139
Sec. 613. Identification of reporting redundancies and development
of performance metrics ......................................................................142
Sec. 701. Definitions .........................................................................................143
Sec. 711. Surge Capacity Force .........................................................................144
Sec. 721. Evacuation preparedness technical assistance ....................................145
Sec. 722. Urban Search and Rescue Response System ......................................145
Sec. 723. Metropolitan Medical Response Grant Program ..............................145
Sec. 724. Logistics.............................................................................................146
Sec. 725. Prepositioned equipment program .....................................................146
Sec. 726. Basic life supporting first aid and education ......................................146
Sec. 727. Improvements to information technology systems ............................146
Sec. 728. Disclosure of certain information to law enforcement agencies .........147
Sec. 741. Definitions .........................................................................................147
Sec. 742. National preparedness ........................................................................148
Sec. 743. National preparedness goal ................................................................148
Sec. 744. Establishment of national preparedness system .................................148
Sec. 745. National planning scenarios ...............................................................148
Sec. 746. Target capabilities and preparedness priorities ...................................149
Sec. 747. Equipment and training standards.....................................................149
Sec. 748. Training and exercises ........................................................................150
Sec. 749. Comprehensive assessment system ....................................................151
Sec. 750. Remedial action management program .............................................152
Sec. 751. Federal response capability inventory.................................................152

v

Sec. 752.
Sec. 753.
Sec. 754.
Sec. 761.
Sec. 762.
Sec. 763.
Sec. 764.
Sec. 771.
Sec. 772.
Sec. 773.
Sec. 774.
Sec. 775.
Sec. 776.
Sec. 777.
Sec. 791.
Sec. 792.
Sec. 793.
Sec. 794.
Sec. 795.
Sec. 796.
Sec. 797.
Sec. 811.
Sec. 1102.

Reporting requirements .....................................................................153
Federal preparedness ..........................................................................154
Use of existing resources ....................................................................156
Emergency Management Assistance Compact grants .......................156
Emergency management performance grants program .....................157
Transfer of Noble Training Center ....................................................158
National exercise simulation center ....................................................158
National Disaster Recovery Strategy .................................................158
National Disaster Housing Strategy ..................................................159
Individuals with disabilities guidelines...............................................160
Reunification .....................................................................................160
National Emergency Family Registry and Locator System ...............162
Individuals and households pilot program .........................................162
Public assistance pilot program ..........................................................162
Advance contracting ..........................................................................162
Limitations on tiering of subcontractors ............................................163
Oversight and accountability of Federal disaster expenditures...........163
Limitation on length of certain noncompetitive contracts .................165
Fraud, waste, and abuse controls ........................................................165
Registry of disaster response contractors............................................165
Fraud prevention training program ....................................................166
Authorization of appropriations ........................................................166
National Domestic Preparedness Consortium ...................................167

42 U.S.C. § 5195 note
Executive Order 12,148, Federal Emergency Management ..................................167
Table of Additional FEMA Authorities ................................................................172

vi

STAFFORD ACT > TITLE I > §§ 101-102

7LWOH,²)LQGLQJV'HFODUDWLRQVDQG'HÀQLWLRQV
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 disasters1
Sec. 102. 'HÀQLWLRQV86&2
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

1. Typographical error in original; period should follow “disasters”.
2. Pub. L. 113-2, div. B, § 1110(e), Jan. 29, 2013, 127 Stat. 49, provides that: “(1) Issuance.—The
President shall issue regulations to carry out the amendments made by this section [enacting
section 5123 of this title and amending this section and sections 5170 and 5191 of this title]. (2)
Factors.—In issuing the regulations, the President shall consider the unique conditions that affect
the general welfare of Indian tribal governments.”

1

STAFFORD ACT > TITLE I > § 102

and public health and safety, or to lessen or avert the threat of a catastrophe
in any part of the United States.
(2) Major Disaster - “Major disaster” means any natural catastrophe
(including any hurricane, tornado, storm, high water, winddriven water,
tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide,
snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion,
in any part of the United States, which in the determination of the President
causes damage of sufficient severity and magnitude to warrant major disaster
assistance under this Act to supplement the efforts and available resources
of States, local governments, and disaster relief organizations in alleviating
the damage, loss, hardship, or suffering caused thereby.
(3) “United States” means the fifty States, the District of Columbia, Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
(4) “State” means any State of the United States, the District of Columbia,
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(5) “Governor” means the chief executive of any State.
(6) Indian Tribal Government - The term “Indian tribal government”
means the governing body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that the Secretary of the Interior
acknowledges to exist as an Indian tribe under the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a et seq.).
(7) Individual with a Disability - The term “individual with a disability”
means an individual with a disability as defined in section 12102(2) of this
title.3
(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,
3. Section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)).

2

STAFFORD ACT > TITLE I > §§ 102-103

Government corporation, or other agency of the executive branch of the
Federal Government, including the United States Postal Service, but shall
not include the American National Red Cross.
(10) Public Facility - “Public facility” means the following facilities owned by
a State or local government:
(A) Any flood control, navigation, irrigation, reclamation, public power,
sewage treatment and collection, water supply and distribution,
watershed development, or airport facility.
(B) Any non-Federal-aid street, road, or highway.
(C) Any other public building, structure, or system, including those used
for educational, recreational, or cultural purposes.
(D) Any park.
(11) Private Nonprofit Facility (A) In General - The term “private nonprofit facility” means private
nonprofit educational, 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 services of a
governmental nature to the general public (including museums,
zoos, performing arts facilities, community arts centers, libraries,
homeless shelters, senior citizen centers, rehabilitation facilities, shelter
workshops, and facilities that provide health and safety services of a
governmental nature), as defined by the President.
(12) Chief Executive - The term “Chief Executive” means the person who is
the Chief, Chairman, Governor, President, or similar executive official of an
Indian tribal government.
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.

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

4

STAFFORD ACT > TITLE II > §§ 202-203

hazards; except that no such grant shall exceed $50,000 per annum to
any State.
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) Definition of Small Impoverished Community - In this section, the
term “small impoverished community” means a community of 3,000 or fewer
individuals that is economically disadvantaged, as determined by the State
in which the community is located and based on criteria established by the
President.
(b) Establishment of Program - The President may establish a program to
provide technical and financial assistance to States and local governments to
assist in the implementation of predisaster hazard mitigation measures that are
cost-effective and are designed to reduce injuries, loss of life, and damage and
destruction of property, including damage to critical services and facilities under
the jurisdiction of the States or local governments.
(c) Approval by President - If the President determines that a State or local
government has identified natural disaster hazards in areas under its jurisdiction
and has demonstrated the ability to form effective public-private natural disaster
hazard mitigation partnerships, the President, using amounts in the National
Predisaster Mitigation Fund established under subsection (i) of this section
(referred to in this section as the “Fund”), may provide technical and financial

5

STAFFORD ACT > TITLE II > § 203

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.
(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; or
6

STAFFORD ACT > TITLE II > § 203

(iii) to establish hazard mitigation priorities, and an appropriate
hazard mitigation plan, for a community.
(2) Dissemination - A State or local government may use not more than 10
percent of the financial assistance received by the State or local government
under this section for a fiscal year to fund activities to disseminate
information regarding cost-effective mitigation technologies.
(f ) Allocation of Funds (1) In General - The President shall award financial assistance under this
section on a competitive basis 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.
(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 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 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;
7

STAFFORD ACT > TITLE II > § 203

(9) the extent to which assistance will fund mitigation activities in small
impoverished communities; and
(10) 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 Predisaster Mitigation Fund (1) Establishment - The President may establish in the Treasury of the
United States a fund to be known as the “National Predisaster Mitigation
Fund”, to be used in carrying out this section.
(2) Transfers to Fund - There shall be deposited in the Fund (A) amounts appropriated to carry out this section, which shall remain
available until expended; and
(B) sums available from gifts, bequests, or donations of services or property
received by the President for the purpose of predisaster hazard
mitigation.
(3) Expenditures from Fund - Upon request by the President, the Secretary
of the Treasury shall transfer from the Fund to the President such amounts
as the President determines are necessary to provide technical and financial
assistance under this section.
(4) Investment of Amounts (A) In General - The Secretary of the Treasury shall invest such portion
of the Fund as is not, in the judgment of the Secretary of the Treasury,
required to meet current withdrawals. Investments may be made only
in interest-bearing obligations of the United States.
(B) Acquisition of Obligations - For the purpose of investments under
subparagraph (A), obligations may be acquired (i)

on original issue at the issue price; or

(ii) by purchase of outstanding obligations at the market price.
(C) Sale of Obligations - Any obligation acquired by the Fund may be
sold by the Secretary of the Treasury at the market price.
(D) Credits to Fund - The interest on, and the proceeds from the sale
or redemption of, any obligations held in the Fund shall be credited to
and form a part of the Fund.
(E) Transfers of Amounts 8

STAFFORD ACT > TITLE II > § 203

(i)

In General - The amounts required to be transferred to the
Fund under this subsection shall be transferred at least monthly
from the general fund of the Treasury to the Fund on the basis of
estimates made by the Secretary of the Treasury.

(ii) Adjustments - Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(j)

Limitation on Total Amount of Financial Assistance - The President
shall not provide financial assistance under this section in an amount greater than
the amount available in the Fund.

(k) 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.
(l)

Report on Federal and State Administration - Not later than 18
months after Oct. 30, 2000, the President, in consultation with State and local
governments, shall submit to Congress a report evaluating efforts to implement
this section and recommending a process for transferring greater authority and
responsibility for administering the assistance program established under this

9

STAFFORD ACT > TITLE II > §§ 203-204

section to capable States.
(m) Authorization of Appropriations - There are authorized to be appropriated
to carry out this section (1) $180,000,000 for fiscal year 2011;
(2) $200,000,000 for fiscal year 2012;
(3) $200,000,000 for fiscal year 2013.
(n) 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 the Federal
Emergency Management Agency shall submit to Congress a certification
regarding whether all financial assistance under this section was awarded in
accordance with this section.
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 the Federal Emergency Management
Agency shall serve as the chairperson of the task force.
(c) Membership - The membership of the task force shall include representatives of
(1) relevant Federal agencies;
(2) State and local government organizations (including Indian tribes); and
(3) the American Red Cross.

10

STAFFORD ACT > TITLE III > §§ 301-302

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. &RRUGLQDWLQJ2IÀFHUV86&
(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;4 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.
4. The Act of January 5, 1905, as amended (33 Stat. 599).

11

STAFFORD ACT > TITLE III > §§ 303-304

Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144)
(a) Emergency Support Teams – The President shall form emergency support
teams of Federal personnel to be deployed in an area affected by a major disaster
or emergency. Such emergency support teams shall assist the Federal coordinating
officer in carrying out his responsibilities pursuant to this Act. Upon request of the
President, the head of any Federal agency is directed to detail to temporary duty
with the emergency support teams on either a reimbursable or nonreimbursable
basis, as is determined necessary by the President, such personnel within the
administrative jurisdiction of the head of the Federal agency as the President
may need or believe to be useful for carrying out the functions of the emergency
support teams, each such detail to be without loss of seniority, pay, or other
employee status.
(b) Emergency Response Teams(1) Establishment - In carrying out subsection (a), the President, acting
through the Administrator of the Federal Emergency Management Agency,
shall establish(A) at a minimum 3 national response teams; and
(B) sufficient regional response teams, including Regional Office strike
teams under section 317 of title 6;5 and
(C) other response teams as may be necessary to meet the incident
management responsibilities of the Federal Government.
(2) Target Capability Level - The Administrator shall ensure that specific
target capability levels, as defined pursuant to the guidelines established
under section 746(a) of title 6,6 are established for Federal emergency
response teams.
(3) Personnel - The President, acting through the Administrator, shall ensure
that the Federal emergency response teams consist of adequate numbers of
properly planned, organized, equipped, trained, and exercised personnel to
achieve the established target capability levels. Each emergency response
team shall work in coordination with State and local officials and onsite
personnel associated with a particular incident.
(4) Readiness Reporting - The Administrator shall evaluate team readiness
on a regular basis and report team readiness levels in the report required
under section 752(a) of title 6.7
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
5. Section 507 of the Homeland Security Act of 2002.
6. Section 646(a) of the Post-Katrina Emergency Management Reform Act of 2006.
7. Section 652(a) of the Post-Katrina Emergency Management Reform Act of 2006.

12

STAFFORD ACT > TITLE III > §§ 305-307

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.
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.
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
13

STAFFORD ACT > TITLE III > §§ 307-308

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.
(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) Prior Contracts - Nothing in this section shall be construed to require
any Federal agency to breach or renegotiate any contract in effect before the
occurrence of a major disaster or emergency.
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

14

STAFFORD ACT > TITLE III > §§ 309-310

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, and other relief or disaster
assistance organizations, in the distribution of medicine, food, supplies, or other
items, and in the restoration, rehabilitation, or reconstruction of community
services housing and essential facilities, whenever the President finds that such
utilization is necessary.
(b) The President is authorized to enter into agreements with the American
National Red Cross, the Salvation Army, the Mennonite Disaster Service, and
other relief or disaster assistance organizations under which the disaster relief
activities of such organizations may be coordinated by the Federal coordinating
officer whenever such organizations are engaged in providing relief during
and after a major disaster or emergency. Any such agreement shall include
provisions assuring that use of Federal facilities, supplies, and services will be in
compliance with regulations prohibiting duplication of benefits and guaranteeing
nondiscrimination promulgated by the President under this 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 19378 for the provision of low-income
housing.
(2) Sections 3502 to 3505 of title 40 for assistance in public works planning.
(3) The Community Development Block Grant Program under title I of the
Housing and Community Development Act of 1974.9
(4) Section 1926 of title 7.10
(5) The Public Works and Economic Development Act of 1965.11
(6) Subtitle IV of title 40.
(7) The Federal Water Pollution Control Act.12
(b) Obligation of Certain Discretionary Funds - In the obligation of
8. 42 U.S.C. 1437 et seq.
9. 42 U.S.C. 5301 et seq.
10. Section 306 of the Consolidated Farm and Rural Development Act.
11. 42 U.S.C. 3121 et seq.
12. 33 U.S.C. 1251 et seq.

15

STAFFORD ACT > TITLE III > § 311

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 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 selfinsurer 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.

13. This section was enacted as part of the National Flood Insurance Reform Act of 1994 and as part
of the Riegle Community Development and Regulatory Improvement Act of 1994, and not as part of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

16

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

Prohibited Flood Disaster Assistance (42 U.S.C. 5154a)13
(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.
(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 -

17

STAFFORD ACT > TITLE III > § 312

(1) the Secretary of Agriculture finds, or has found, to have been substantially
affected by a natural disaster in the United States pursuant to section
1961(a) of title 7;14 or
(2) the President declares, or has declared, the existence of a major disaster
or emergency pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), as a result of flood
conditions existing in or affecting that area.
(e) Effective Date - This section and the amendments made by this section15 shall
apply to disasters declared after September 23, 1994.
Sec. 312.'XSOLFDWLRQRI%HQHÀWV86&
(a) General Prohibition - The President, in consultation with the head of each
Federal agency administering any program providing financial assistance to
persons, business concerns, or other entities suffering losses as a result of a major
disaster or emergency, shall assure that no such person, business concern, or other
entity will receive such assistance with respect to any part of such loss as to which
he has received financial assistance under any other program or from insurance
or any other source.
(b) Special Rules (1) Limitation - This section shall not prohibit the provision of Federal
assistance to a person who is or may be entitled to receive benefits for the
same purposes from another source if such person has not received such
other benefits by the time of application for Federal assistance and if such
person agrees to repay all duplicative assistance to the agency providing the
Federal assistance.
(2) Procedures - The President shall establish such procedures as the President
considers necessary to ensure uniformity in preventing duplication of
benefits.
(3) Effect of Partial Benefits - Receipt of partial benefits for a major
disaster or emergency shall not preclude provision of additional Federal
assistance for any part of a loss or need for which benefits have not been
provided.
(c) Recovery of Duplicative Benefits - A person receiving Federal assistance for
a major disaster or emergency shall be liable to the United States to the extent that
such assistance duplicates benefits available to the person for the same purpose
from another source. The agency which provided the duplicative assistance shall
collect such duplicative assistance from the recipient in accordance with chapter
37 of title 31, relating to debt collection, when the head of such agency considers
it to be in the best interest of the Federal Government.

14. The Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)).
15. This refers to the amendments made by section 582(c) of Pub. L. 103-325, which amended section
4012a of this title.

18

STAFFORD ACT > TITLE III > §§ 313-315

(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.
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
19

STAFFORD ACT > TITLE III > §§ 316-318

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 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.

20

STAFFORD ACT > TITLE III > §§ 319-322

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 costsharing provisions of this Act in any case in which-(1) the State is unable to assume its financial responsibility under such costsharing 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 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
21

STAFFORD ACT > TITLE III > § 322

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 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, 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, 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.

22

STAFFORD ACT > TITLE III > §§ 323-325

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 administrative expense, and any other expense
not directly chargeable to a specific project under a major disaster, emergency, or
disaster preparedness or mitigation activity or measure.
(b) Establishment of Management Cost Rates - Notwithstanding any other
provision of law (including any administrative rule or guidance), the President
shall by regulation establish management cost rates, for grantees and subgrantees,
that shall be used to determine contributions under this Act for management
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 the Federal Emergency Management Agency under this Act; and
(B) could result in a significant reduction of assistance under the program.
(2) Application - Any policy adopted under paragraph (1) shall apply only to
a major disaster or emergency declared on or after the date on which the
policy is adopted.
(b) Consultation Concerning Interim Policies (1) In General - Before adopting any interim policy under the public assistance
program to address specific conditions that relate to a major disaster or

23

STAFFORD ACT > TITLE III > §§ 325-326

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.
(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 the Federal Emergency
Management Agency a Small State and Rural Advocate.
(b) Responsibilities - The Small State and Rural Advocate shall be an advocate
for the fair treatment of small States and rural communities in the provision of
assistance under this Act.
(c) Duties - The Small State and Rural Advocate shall (1) participate in the disaster declaration process under section 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 the Federal Emergency
Management Agency considers appropriate.

24

STAFFORD ACT > TITLE IV > § 401

Title IV -- Major Disaster Assistance Programs
Sec. 401. Procedure for Declaration (42 U.S.C. 5170)16
(a) In General - All requests for a declaration by the President that a major disaster
exists shall be made by the Governor of the affected State. Such a request shall
be based on a finding that the disaster is of such severity and magnitude that
effective response is beyond the capabilities of the State and the affected local
governments and that Federal assistance is necessary. As part of such request, and
as a prerequisite to major disaster assistance under this Act, the Governor shall
take appropriate response action under State law and direct execution of the State’s
emergency plan. The Governor shall furnish information on the nature and amount
of State and local resources which have been or will be committed to alleviating the
results of the disaster, and shall certify that, for the current disaster, State and local
government obligations and expenditures (of which State commitments must be a
significant proportion) will comply with all applicable cost-sharing requirements
of this Act. Based on the request of a Governor under this section, the President
may declare under this Act that a major disaster or emergency exists.
(b) Indian Tribal Government Requests (1) In General - The Chief Executive of an affected Indian tribal government
may submit a request for a declaration by the President that a major disaster
exists consistent with the requirements of subsection (a).
(2) References - In implementing assistance authorized by the President
under this 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.

16. Individual assistance factors: Pub. L. 113-2, div. B, § 1109, Jan. 29, 2013, 127 Stat. 47, provides
that, “In order to provide more objective criteria for evaluating the need for assistance to individuals, to clarify the threshold for eligibility and to speed a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), not later than 1 year after the date of enactment of this division [Jan. 29, 2013], the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of
State, tribal, and local emergency management agencies, shall review, update, and revise through
rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations
LQFOXGLQJVHFWLRQERIVXFKWLWOHUHODWLQJWRWUDXPDDQGWKHVSHFLÀFFRQGLWLRQVRUORVVHV
that contribute to trauma), to measure the severity, magnitude, and impact of a disaster.”

25

STAFFORD ACT > TITLE IV > § 402

(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 nonFederal 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).
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; and
(5) 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
26

STAFFORD ACT > TITLE IV > § 403

(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 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,,17
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,,18 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
17. Typographical error in original; the extra comma should probably follow “medicine.”
18. Typographical error in original; the extra comma should probably follow “medicine.”

27

STAFFORD ACT > TITLE IV > § 403

( J) provision of rescue, care, shelter, and essential needs (i)

to individuals with household pets and service animals; and

(ii) to such pets and animals.
(4) Contributions - Making contributions to State or local governments or
owners or operators of private nonprofit facilities for the purpose of carrying
out the provisions of this subsection.
(b) Federal Share - The Federal share of assistance under this section shall be not
less than 75 percent of the eligible cost of such assistance.
(c) Utilization of DOD Resources (1) General Rule - During the immediate aftermath of an incident which
may ultimately qualify for assistance under this title or title V of this Act,
the Governor of the State in which such incident occurred may request
the President to 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, 1988,19 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.
19. The date of the enactment of the Disaster Relief and Emergency Assistance Amendments of 1988.

28

STAFFORD ACT > TITLE IV > §§ 403-404

(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.;20 or
(B) overtime and hazardous duty compensation for permanent employees
of the State, tribal, or local government conducting emergency
protective measures under this section.
(2) Overtime - The guidelines for reimbursement for costs under paragraph
(1) shall ensure that no State, tribal, or local 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)21
(a) In General - The President may contribute up to 75 percent of the cost of
hazard mitigation measures which the President has determined are costeffective and which substantially reduce the risk of future damage, hardship,
loss, or suffering in any area affected by a major disaster. Such measures shall
be identified following the evaluation of natural hazards under section 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 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.
20. Typographical error (two punctuation marks) in original.
21. Pub. L. 113-2, div. B, § 1104(c), Jan. 29, 2013, 127 Stat. 43, provides that, “The authority under
the amendments made by this section [amending this section] shall apply to— (1) any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) on or after the date of enactment of this division [Jan. 29, 2013]; and
(2) a major disaster or emergency declared under that Act before the date of enactment of this
division for which the period for processing requests for assistance has not ended as of the date of
enactment of this division.”

29

STAFFORD ACT > TITLE IV > § 404

(b) Property Acquisition and Relocation Assistance (1) General Authority - In providing hazard mitigation assistance under
this section in connection with flooding, the Administrator of the Federal
Emergency Management Agency may provide property acquisition
and relocation assistance for projects that meet the requirements of
paragraph (2).
(2) Terms and Conditions - An acquisition or relocation project shall be
eligible to receive assistance pursuant to paragraph (1) only if (A) the applicant for the assistance is otherwise eligible to receive
assistance under the hazard mitigation grant program established
under subsection (a) of this section; and
(B) on or after December 3, 1993, the applicant for the assistance enters
into an agreement with the Administrator that provides assurances
that (i)

any property acquired, accepted, or from which a structure will be
removed pursuant to the project will be dedicated and maintained
in perpetuity for a use that is compatible with open space,
recreational, or wetlands management practices;

(ii) no new structure will be erected on property acquired, accepted
or from which a structure was removed under the acquisition or
relocation program other than-(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
30

STAFFORD ACT > TITLE IV > § 404

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
(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 the Federal Emergency
Management Agency, for the consideration of multiple structures as a group
and for an analysis of the cost-effectiveness and fulfillment of cost-share
requirements for proposed hazard mitigation measures.
31

STAFFORD ACT > TITLE IV > §§ 405-406

(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.
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 landuse and construction 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
32

STAFFORD ACT > TITLE IV > § 406

wages actually paid, transportation to a worksite, and extraordinary
costs of guards, food, and lodging; and
(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.
(3) Conditions for Assistance to Private Nonprofit Facilities (A) In General - The President may make contributions to a private
nonprofit facility under paragraph (1)(B) only if (i)

the facility provides critical services (as defined by the President)
in the event of a major disaster; or

(ii) the owner or operator of the facility (I) has applied for a disaster loan under section 636(b) of title
15;22 and
(II) (aa) has been determined to be ineligible for such a loan; or
(bb) has obtained such a loan in the maximum amount for
which the Small Business Administration determines
the facility is eligible.
(B) Definition of Critical Services - In this paragraph, the term
“critical services” includes power, water (including water provided by
an irrigation organization or facility), sewer, wastewater treatment,
communications, education, and emergency medical care.
(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.
Note: Paragraph (2) takes effect after FEMA has promulgated an implementing
regulation.
(2) Reduced Federal Share - The President shall promulgate regulations to
reduce the Federal share of assistance under this section to not less than 25
22. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)).

33

STAFFORD ACT > TITLE IV > § 406

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.
(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 90 percent of the Federal share of the Federal estimate of the cost
of repairing, restoring, reconstructing, or replacing the facility and of
management expenses.
(B) Use of Funds - Funds contributed to a State or local government
under this paragraph may be used (i)

to repair, restore, or expand other selected public facilities;

(ii) to construct new facilities; or
(iii) to fund hazard mitigation measures that the State or local
government determines to be necessary to meet a need for
governmental services and functions in the area affected by the
major disaster.
(C) Limitations - Funds made available to a State or local government
under this paragraph may not be used for (i)

any public facility located in a regulatory floodway (as defined
in section 59.1 of title 44, Code of Federal Regulations (or a
successor regulation)); or

(ii) any uninsured public facility located in a special flood hazard
area identified by the Administrator of the Federal Emergency
Management Agency under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.).
(2) For Private Nonprofit Facilities (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 75 percent of
34

STAFFORD ACT > TITLE IV > § 406

the Federal share of the Federal estimate of the cost of repairing, restoring,
reconstructing, or replacing the facility and of management expenses.
(B) Use of Funds - Funds contributed to a person under this paragraph
may be used (i)

to repair, restore, or expand other selected private nonprofit
facilities owned or operated by the person;

(ii) to construct new private nonprofit facilities to be owned or
operated by the person; or
(iii) to fund hazard mitigation measures that the person determines to
be necessary to meet a need for the person’s services and functions
in the area affected by the major disaster.
(C) Limitations - Funds made available to a person under this paragraph
may not be used for (i)

any private nonprofit facility located in a regulatory floodway (as
defined in section 59.1 of title 44, Code of Federal Regulations
(or a successor regulation)); or

(ii) any uninsured private nonprofit facility located in a special
flood hazard area identified by the Administrator of the Federal
Emergency Management Agency under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
(d) Flood Insurance (1) Reduction of Federal Assistance - If a public facility or private
nonprofit facility located in a special flood hazard area identified for more
than 1 year by the Administrator pursuant to the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.) is damaged or destroyed, after the
180th day following November 23, 1988, by flooding in a major disaster and
such facility is not covered on the date of such flooding by flood insurance,
the Federal assistance which would otherwise be available under this
section with respect to repair, restoration, reconstruction, and replacement
of such facility and associated expenses shall be reduced in accordance with
paragraph (2).
(2) Amount of Reduction - The amount of a reduction in Federal assistance
under this section with respect to a facility shall be the lesser of (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
35

STAFFORD ACT > TITLE IV > § 406

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.
Note: The following version of subsection (e) remains in effect until the cost estimation
procedures established under paragraph (3) of the revised version of subsection 406(e) –
see next subsection – take effect.
(e) Net Eligible Cost –
(1) General Rule – For purposes of this section, the cost of repairing,
restoring, reconstructing, or replacing a public facility or private nonprofit
facility on the basis of the design of such facility as it existed immediately
prior to the major disaster and in conformity with current applicable
codes, specifications, and standards (including floodplain management
and hazard mitigation criteria required by the President or by the Coastal
Barrier Resources Act (16 U.S.C. 3501 et seq.)) shall, at a minimum, be
treated as the net eligible cost of such repair, restoration, reconstruction, or
replacement.
(2) Special Rule – In any case in which the facility being repaired, restored,
reconstructed, or replaced, under this section was under construction on the
dated of the major disaster, the cost of repairing, restoring, reconstruction,
or replacing such facility shall include, for purposes of this section, only
those costs which, under the contract for such construction, are the owner’s
responsibility and not the contractor’s responsibility.
Note: The following version of subsection 406(e)(1) and (2) becomes effective when the
procedures established by paragraph (3) of this subsection take effect. Subsection 406(e)(4)
is currently in effect.
(e) Eligible Cost (1) Determination (A) In General - For the purposes of this section, 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; and

(ii) in conformity with codes, specifications, and standards (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.)) applicable at the time at which the disaster
occurred.

36

STAFFORD ACT > TITLE IV > § 406

(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].
(2) Modification of Eligible Cost (A) Actual Cost Greater than Ceiling Percentage of Estimated
Cost - In any case in which the actual cost of repairing, restoring,
reconstructing, or replacing a facility under this section is greater
than the ceiling percentage established under paragraph (3) of the
cost estimated under paragraph (1), the President may determine that
the eligible cost includes a portion of the actual cost of the repair,
restoration, reconstruction, or replacement that exceeds the cost
estimated under paragraph (1).
(B) Actual Cost Less than Estimated Cost (i)

Greater than or Equal to Floor Percentage of Estimated
Cost - In any case in which the actual cost of repairing, restoring,
reconstructing, or replacing a facility under this section is less
than 100 percent of the cost estimated under paragraph (1), but
is greater than or equal to the floor percentage established under
paragraph (3) of the cost estimated under paragraph (1), the State
or local government or person receiving funds under this section
shall use the excess funds to carry out cost-effective activities that
reduce the risk of future damage, hardship, or suffering from a
major disaster.

(ii) Less than Floor Percentage of Estimated Cost In any case in which the actual cost of repairing, restoring,
reconstructing, or replacing a facility under this section is less
than the floor percentage established under paragraph (3) of the
cost estimated under paragraph (1), the State or local government
or person receiving assistance under this section shall reimburse
the President in the amount of the difference.
(C) No Effect on Appeals Process - Nothing in this paragraph affects
any right of appeal under section 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 the Federal
Emergency Management Agency, shall establish an expert panel,

37

STAFFORD ACT > TITLE IV > §§ 406-407

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.
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
38

STAFFORD ACT > TITLE IV > §§ 407-408

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 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

39

STAFFORD ACT > TITLE IV > § 408

are rendered uninhabitable, or with respect to individuals with disabilities,
rendered inaccessible or uninhabitable, as a result of damage caused by a
major disaster.
(2) Determination of Appropriate Types of Assistance (A) In General - The President shall determine appropriate types of
housing assistance to be provided under this section to individuals and
households described in subsection (a)(1) based on considerations of
cost effectiveness, convenience to the individuals and households, and
such other factors as the President may consider appropriate.
(B) Multiple Types of Assistance - One or more types of housing
assistance may be made available under this section, based on the
suitability and availability of the types of assistance, to meet the needs
of individuals and households in the particular disaster situation.
(c) Types of Housing Assistance (1) Temporary Housing (A) Financial Assistance (i)

In General - The President may provide financial assistance
to individuals or households to rent alternate housing
accommodations, existing rental units, manufactured housing,
recreational vehicles, or other readily fabricated dwellings. Such
assistance may include the payment of the cost of utilities,
excluding telephone service.

(ii) Amount - The amount of assistance under clause (i) shall be based
on the fair market rent for the accommodation provided plus the
cost of any transportation, utility hookups, security deposits, or
unit installation not provided directly by the President.
(B) Direct Assistance (i)

In General - The President may provide temporary housing units,
acquired by purchase or lease, directly to individuals or households
who, because of a lack of available housing resources, would
be unable to make use of the assistance provided under
subparagraph (A).

(ii) Lease and Repair of Rental Units for Temporary
Housing (I) In General - The President, to the extent the President
determines it would be a cost-effective alternative to other
temporary housing options, may (aa) enter into lease agreements with owners of multifamily
rental property located in areas covered by a major
disaster declaration to house individuals and households
eligible for assistance under this section; and

40

STAFFORD ACT > TITLE IV > § 408

(bb) make repairs or improvements to properties under such
lease agreements, to the extent necessary to serve as safe
and adequate temporary housing.
(II) Improvements or Repairs - Under the terms of any lease
agreement for property entered into under this subsection,
the value of the improvements or repairs (aa) shall be deducted from the value of the lease agreement;
and
(bb) may not exceed the value of the lease agreement.
(iii) Period of Assistance - The President may not provide direct
assistance under clause (i) with respect to a major disaster after
the end of the 18-month period beginning on the date of the
declaration of the major disaster by the President, except that the
President may extend that period if the President determines that
due to extraordinary circumstances an extension would be in the
public interest.
(iv) Collection of Rental Charges - After the end of the
18-month period referred to in clause (iii), the President may
charge fair market rent for each temporary housing unit provided.
(2) Repairs (A) In General - The President may provide financial assistance for (i)

the repair of owner-occupied private residences, utilities, and
residential infrastructure (such as a private access route) damaged
by a major disaster to a safe and sanitary living or functioning
condition; and

(ii) eligible hazard mitigation measures that reduce the likelihood of
future damage to such residences, utilities, or infrastructure.
(B) Relationship to Other Assistance - A recipient of assistance
provided under this paragraph shall not be required to show that the
assistance can be met through other means, except insurance proceeds.
(3) Replacement (A) In General - The President may provide financial assistance for the
replacement of owner-occupied private residences damaged by a major
disaster.
(B) Applicability of Flood Insurance Requirement - With respect
to assistance provided under this paragraph, the President may not
waive any provision of Federal law requiring the purchase of flood
insurance as a condition of the receipt of Federal disaster assistance.
(4) Permanent Housing Construction - The President may provide
financial assistance or direct assistance to individuals or households to

41

STAFFORD ACT > TITLE IV > § 408

construct permanent or semi-permanent housing in insular areas outside
the continental United States and in other locations in cases in which (A) no alternative housing resources are available; and
(B) the types of temporary housing assistance described in paragraph (1)
are unavailable, infeasible, or not cost-effective.
(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 (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 42

STAFFORD ACT > TITLE IV > § 408

(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 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) Financial Assistance to Address Other Needs (A) Grant to State - Subject to subsection (g) of this section, a Governor
may request a grant from the President to provide financial assistance
to individuals and households in the State under subsection (e) 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 financial assistance
to individuals and households in the State under subsection (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.

43

STAFFORD ACT > TITLE IV > §§ 408, 410

(g) Cost Sharing (1) Federal Share - Except as provided in paragraph (2), the Federal share
of the costs eligible to be paid using assistance provided under this section
shall be 100 percent.
(2) Financial Assistance to Address Other Needs - In the case of
financial assistance provided under subsection (e) 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.
(2) Adjustment of Limit - The limit established under paragraph (1) shall
be adjusted annually to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Department of Labor.
(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 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
44

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

unemployment with respect to which the individual is not entitled to any other
unemployment compensation (as that term is defined in section 85(b) of title
26)23 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)24
(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;
(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
23. The Internal Revenue Code of 1986.
24. This section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990,
and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

45

STAFFORD ACT > TITLE IV > §§ 412-414

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.%HQHÀWVDQG'LVWULEXWLRQ86&
(a) Persons Eligible; Terms and Conditions - Whenever the President
determines that, as a result of a major disaster, low-income households are unable
to purchase adequate amounts of nutritious food, he is authorized, under such
terms and conditions as he may prescribe, to distribute through the Secretary of
Agriculture or other appropriate agencies benefit allotments to such households
pursuant to the provisions of the Food and Nutrition Act of 2008 of 196425 (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 196426 [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
25. Typographical error in original.
26. Typographical error in original.

46

STAFFORD ACT > TITLE IV > §§ 415-417

be denied such eligibility as a result of his being unable, because of a major disaster
as determined by the President, to meet the occupancy requirements set by such Act.
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.
47

STAFFORD ACT > TITLE IV > §§ 418-421

(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.
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) Essential Assistance - In providing assistance under this section, the President
may use the authority provided under section 5170b of this title [Section 403].
(d) 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
48

STAFFORD ACT > TITLE IV > §§ 421-422

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 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 1627 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. 6LPSOLÀHG3URFHGXUH86&
(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.

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

49

STAFFORD ACT > TITLE IV > §§ 422-425

(b) Threshold (1) Report - Not later than 1 year after January 29, 2013, the President, acting
through the Administrator of the Federal Emergency Management Agency
(in this section referred to as the “Administrator”), shall –
(A) complete an analysis to determine whether an increase in the threshold
for eligibility under subsection (a) is appropriate, which shall include
consideration of cost-effectiveness, speed of recovery, capacity of
grantees, past performance, and accountability measures; and
(B) submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report regarding the analysis
conducted under subparagraph (A).
(2) Amount - After the Administrator submits the report required under
paragraph (1), the President shall direct the Administrator to (A) immediately establish a threshold for eligibility under this section in an
appropriate 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.
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.

50

STAFFORD ACT > TITLE IV > §§ 426-427

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) provides (A) telecommunications service;
(B) electrical power;
(C) natural gas;
(D) water and sewer services; or
(E) any other essential service, as determined by the President;
(2) is (A) a municipal entity;
(B) a nonprofit entity; or
(C) a private, for profit entity; and
(3) is contributing to efforts to respond to an emergency or major disaster.
(b) Authorization for Accessibility - Unless exceptional circumstances apply,
in an emergency or major disaster, the head of a Federal agency, to the greatest
extent practicable, shall not (1) deny or impede access to the disaster site to an essential service provider
whose access is necessary to restore and repair an essential service; or

51

STAFFORD ACT > TITLE IV > § 428

(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 the Federal Emergency Management Agency, may approve projects under
the alternative procedures adopted under this section for any major disaster or
emergency declared on or after January 29, 2013. The Administrator may also
apply the alternate procedures adopted under this section to a major disaster or
emergency declared before enactment of this Act for which construction has not
begun as of the date of enactment of this Act.29
(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 - 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.
(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;

29. This probably means the date of enactment of Pub. L. 113-2, enacted and approved on Jan. 29,
2013.

52

STAFFORD ACT > TITLE IV > § 428

(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; and
(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.
(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;
53

STAFFORD ACT > TITLE IV > § 428

(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 prequalified 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 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;

54

STAFFORD ACT > TITLE IV > § 429

(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. 429.8QLÀHG)HGHUDO5HYLHZ86&J
(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.

55

STAFFORD ACT > TITLE V > § 501

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.

56

STAFFORD ACT > TITLE V > § 502

Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192)
(a) Specified - In any emergency, the President may (1) direct any Federal agency, with or without reimbursement, to utilize its
authorities and the resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, and managerial, technical and
advisory services) in support of State and local emergency assistance efforts
to save lives, protect property and public health and safety, and lessen or
avert the threat of a catastrophe, including precautionary evacuations;
(2) coordinate all disaster relief assistance (including voluntary assistance)
provided by Federal agencies, private organizations, and State and local
governments;
(3) provide technical and advisory assistance to affected State and local
governments for (A) the performance of essential community services;
(B) issuance of warnings of risks or hazards;
(C) public health and safety information, including dissemination of such
information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of immediate threats to public
health and safety;
(4) provide emergency assistance through Federal agencies;
(5) remove debris in accordance with the terms and conditions of section 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

57

STAFFORD ACT > TITLE V > § 503

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.
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.

58

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. 'HÀQLWLRQV86&D
(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
59

STAFFORD ACT > TITLE VI > §§ 602-603

or civil authorities, the evacuation of personnel to shelter areas, the
control of traffic and panic, and the control and use of lighting and civil
communications).
(C) Measures to be undertaken following a hazard (including activities for
fire fighting, rescue, emergency medical, health and sanitation services,
monitoring for specific dangers of special weapons, unexploded bomb
reconnaissance, essential debris clearance, emergency welfare measures,
and immediately essential emergency repair or restoration of damaged
vital facilities).
(4) Organizational Equipment - The term “organizational equipment”
means equipment determined by the Administrator to be necessary to
an emergency preparedness organization, as distinguished from personal
equipment, and of such a type or nature as to require it to be financed in
whole or in part by the Federal Government. Such term does not include
those items which the local community normally uses in combating local
disasters, except when required in unusual quantities dictated by the
requirements of the emergency preparedness plans.
(5) Materials - The term “materials” includes raw materials, supplies,
medicines, equipment, component parts and technical information and
processes necessary for emergency preparedness.
(6) Facilities - The term “facilities”, except as otherwise provided in this title,
includes buildings, shelters, utilities, and land.
(7) Administrator - The term “Administrator” means the Administrator of
the Federal Emergency Management Agency.
(8) Neighboring Countries - The term “neighboring countries” includes
Canada and Mexico.
(9) United States and States - The terms “United States “ and “States”
includes30 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.), includes31
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 the Federal Emergency
Management Agency.

30. Typographical error in original; should probably be “include.”
31. Typographical error in original; should probably be “include.”

60

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

Critical Infrastructures Protection (42 U.S.C. 5195c)32
(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.
(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 nongovernmental 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
32. 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, and not as part of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act which comprises this chapter.

61

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

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 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.

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STAFFORD ACT > TITLE VI > § 611

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) Federal Emergency Response Plans and Programs - The Administrator
may prepare Federal response plans and programs for the emergency preparedness
of the United States and sponsor and direct such plans and programs. To prepare
such plans and programs and coordinate such plans and programs with State
efforts, the Administrator may request such reports on State plans and operations
for emergency preparedness as may be necessary to keep the President, Congress,
and the States advised of the status of emergency preparedness in the United
States.
(c) Delegation of Emergency Preparedness Responsibilities - With the
approval of the President, the Administrator may delegate to other departments
and agencies of the Federal Government appropriate emergency preparedness
responsibilities and review and coordinate the emergency preparedness activities
of the departments and agencies with each other and with the activities of the
States and neighboring countries.
(d) Communications and Warnings - The Administrator may make appropriate
provision for necessary emergency preparedness communications and for
dissemination of warnings to the civilian population of a hazard.
(e) Emergency Preparedness Measures - The Administrator may study and
develop emergency preparedness measures designed to afford adequate protection
of life and property, including (1) research and studies as to the best methods of treating the effects of hazards;
(2) developing shelter designs and materials for protective covering or
construction;
(3) developing equipment or facilities and effecting the standardization thereof
to meet emergency preparedness requirements; and
(4) plans that take into account the needs of individuals with pets and service
animals prior to, during, and following a major disaster or emergency.
(f ) Training Programs (1) The Administrator may (A) conduct or arrange, by contract or otherwise, for training programs
for the instruction of emergency preparedness officials and other
persons in the organization, operation, and techniques of emergency
preparedness;
(B) conduct or operate schools or including the payment of travel
expenses, in accordance with subchapter I of chapter 57 of title 5

63

STAFFORD ACT > TITLE VI > § 611

and the Standardized Government Travel Regulations, and per diem
allowances, in lieu of subsistence for trainees in attendance or the
furnishing of subsistence and quarters for trainees and instructors on
terms prescribed by the Administrator; and
(C) provide instructors and training aids as necessary.
(2) The terms prescribed by the Administrator for the payment of travel
expenses and per diem allowances authorized by this subsection shall
include a provision that such payment shall not exceed one-half of the total
cost of such expenses.
(3) The Administrator may lease real property required for the purpose of
carrying out this subsection, but may not acquire fee title to property unless
specifically authorized by law.
(g) Public Dissemination of Emergency Preparedness Information - The
Administrator may publicly disseminate appropriate emergency preparedness
information by all appropriate means.
(h) Emergency Preparedness Compacts (1) The Administrator shall establish a program supporting the development
of emergency preparedness compacts for acts of terrorism, disasters, and
emergencies throughout the Nation, by (A) identifying and cataloging existing emergency preparedness compacts
for acts of terrorism, disasters, and emergencies at the State and local
levels of government;
(B) disseminating to State and local governments examples of best practices
in the development of emergency preparedness compacts and models
of existing emergency preparedness compacts, including agreements
involving interstate jurisdictions; and
(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
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STAFFORD ACT > TITLE VI > § 611

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, 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

65

STAFFORD ACT > TITLE VI > § 611

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).33 The value of any land contributed by any State or political subdivision
thereof shall be excluded from the computation of the State share under this
subsection.
(7) The amounts paid to any State under this subsection shall be expended
solely in carrying out the purposes set forth herein and in accordance
with State emergency preparedness programs or projects approved by the
Administrator. The Administrator shall make no contribution toward the
cost of any program or project for the procurement, construction, or leasing
of any facility which (A) is intended for use, in whole or in part, for any
purpose other than emergency preparedness, and (B) is of such kind that
upon completion it will, in the judgment of the Administrator, be capable
of producing sufficient revenue to provide reasonable assurance of the
retirement or repayment of such cost; except that (subject to the preceding
provisions of this subsection) the Administrator may make a contribution to
any State toward that portion of the cost of the construction, reconstruction,
or enlargement of any facility which the Administrator determines to be
directly attributable to the incorporation in such facility of any feature of
construction or design not necessary for the principal intended purpose
thereof but which is, in the judgment of the Administrator necessary for the
use of such facility for emergency preparedness purposes.
(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
33. This was redesignated paragraph (5) by Pub. L. 109-308, § 3(2), Oct. 6, 2006, 120 Stat. 1725.

66

STAFFORD ACT > TITLE VI > §§ 612-613

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.
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 onehalf 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

67

STAFFORD ACT > TITLE VI > § 613

supervised by a single State agency;
(2) provide that the State shall share the financial assistance with that provided
by the Federal Government under this section from any source determined
by it to be consistent with State law;
(3) provide for the development of State and local emergency preparedness
operational plans, including a catastrophic incident annex, pursuant to
standards approved by the Administrator;
(4) provide for the employment of a full-time emergency preparedness director,
or deputy director, by the State;
(5) provide that the State shall make such reports in such form and content as
the Administrator may require;
(6) make available to duly authorized representatives of the Administrator and
the Comptroller General, books, records, and papers necessary to conduct
audits for the purposes of this section; and
(7) include a plan for providing information to the public in a coordinated
manner.
(c) Catastrophic Incident Annex (1) Consistency - A catastrophic incident annex submitted under subsection
(b)(3) shall be (A) modeled after the catastrophic incident annex of the National Response
Plan; and
(B) consistent with the national preparedness goal established under
section 743 of title 6,34 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 section35 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
34. Section 643 of the Post-Katrina Emergency Management Reform Act of 2006.
35. Typographical error in original; should probably be “sections.”

68

STAFFORD ACT > TITLE VI > §§ 613-615

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.36
Sec. 614. Grants for Construction of Emergency Operations Centers
(42 U.S.C. 5196c)
(a) Grants - The Administrator of the Federal Emergency Management Agency
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 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.

36. Typographical error in original; two sections “(h)” have been enacted.

69

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

Radiological Emergency Preparedness Fund (42 U.S.C. 5196e)37
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 the Federal Emergency Management Agency (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 Federal38 Emergency Management Agency shall (1) identify, in coordination with State and local governments, population
groups with limited English proficiency and take into account such groups
in planning for an emergency or major disaster;
(2) ensure that information made available to individuals affected by a
major disaster or emergency is made available in formats that can be
understood by (A) population groups identified under paragraph (1); and
(B) individuals with disabilities or other special needs; and
(3) develop and maintain an informational clearinghouse of model language
assistance programs and best practices for State and local governments in
providing services related to a major disaster or emergency.
(b) Group Size - For purposes of subsection (a), the Administrator of Federal39
Emergency Management Agency shall define the size of a population group.

37. This section was enacted as part of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1999, and not as part of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act.
38. Typographical error in original; “the” should probably appear before “Federal.”
39. Typographical error in original; “the” should probably appear before “Federal.”

70

STAFFORD ACT > TITLE VI > § 621

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
blank-book work from public, commercial, or private printing establishments
or binderies as the Administrator considers necessary upon orders placed by the
Public Printer or upon waivers issued in accordance with section 504 of title 44.
(g) Rules and Regulations - The Administrator may prescribe such rules and
regulations as may be necessary and proper to carry out any of the provisions
of this title and perform any of the powers and duties provided by this title. The
Administrator may perform any of the powers and duties provided by this title
through or with the aid of such officials of the Federal Emergency Management
Agency as the Administrator may designate.

71

STAFFORD ACT > TITLE VI > §§ 621-622

(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 the
Federal Emergency Management Agency shall be permitted to have access to
information or property with respect to which access restrictions have been
established under this section, until it shall have been determined that no
information is contained in the files of the Federal Bureau of Investigation or any
other investigative agency of the Government indicating that such employee is of
questionable loyalty or reliability for security purposes, or if any such information
is so disclosed, until the Federal Bureau of Investigation shall have conducted a
full field investigation concerning such person and a report thereon shall have
been evaluated in writing by the Administrator.
(c) National Security Positions - No employee of the Federal Emergency
Management Agency shall occupy any position determined by the Administrator
to be of critical importance from the standpoint of national security until a full
field investigation concerning such employee shall have been conducted by the
Director of the Office of Personnel Management and a report thereon shall
have been evaluated in writing by the Administrator of the Federal Emergency
Management Agency. In the event such full field investigation by the Director
of the Office of Personnel Management develops any data reflecting that such
applicant for a position of critical importance is of questionable loyalty or
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STAFFORD ACT > TITLE VI > §§ 622-623

reliability for security purposes, or if the Administrator of the Federal Emergency
Management Agency for any other reason considers it to be advisable, such
investigation shall be discontinued and a report thereon shall be referred to the
Administrator of the Federal Emergency Management Agency for evaluation in
writing. Thereafter, the Administrator of the Federal Emergency Management
Agency may refer the matter to the Federal Bureau of Investigation for the
conduct of a full field investigation by such Bureau. The result of such latter
investigation by such Bureau shall be furnished to the Administrator of the
Federal Emergency Management Agency for action.
(d) Employee Oaths - Each Federal employee of the Federal Emergency
Management Agency acting under the authority of this title, except the subjects
of the United Kingdom and citizens of Canada specified in section 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

73

STAFFORD ACT > TITLE VI > §§ 624-628

the States and political subdivisions thereof, and of other organizations and
agencies; and
(3) shall refrain from engaging in any form of activity which would duplicate
or parallel activity of any other Federal department or agency unless the
Administrator, with the written approval of the President, shall determine
that such duplication is necessary to accomplish the purposes of this title.
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 the
Federal Emergency Management Agency 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.

74

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

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.
,QVXODU$UHDV'LVDVWHU6XUYLYDODQG5HFRYHU\'HÀQLWLRQV (42 U.S.C. 5204)40
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,41 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.
Note: The note preceding 48 U.S.C. § 1681 terminated the Trust Territory of the Pacific
Islands. This note effectively removes the Federated States of Micronesia and the Marshall
Islands from the definition of “insular area”.

40. This section was enacted as part of the Omnibus Insular Areas Act of 1992.
7KH7UXVW7HUULWRU\RIWKH3DFLÀF,VODQGVKDVEHHQWHUPLQDWHG6HHQRWHSUHFHGLQJ86&

75

STAFFORD ACT > TITLE VII > 42 U.S.C. §§ 5204b, 5206

Technical Assistance for Insular Areas (42 U.S.C. 5204b)42
(a) Upon the declaration by the President of a disaster in an insular area, the President,
acting through the Administrator of the Federal Emergency Management
Agency, shall assess, in cooperation with the Secretary and chief executive of such
insular area, the capability of the insular government to respond to the disaster,
including the capability to assess damage; coordinate activities with Federal
agencies, particularly the Federal Emergency Management Agency; develop
recovery plans, including recommendations for enhancing the survivability of
essential infrastructure; negotiate and manage reconstruction contracts; and
prevent the misuse of funds. If the President finds that the insular government
lacks any of these or other capabilities essential to the recovery effort, then the
President shall provide technical assistance to the insular area which the President
deems necessary for the recovery effort.
(b) One year following the declaration by the President of a disaster in an insular area,
the Secretary, in consultation with the Administrator of the Federal Emergency
Management Agency, 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 - 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 the disaster or emergency.
(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
the disaster or emergency, 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,
42. This section was enacted as part of the Omnibus Insular Areas Act of 1992.

76

STAFFORD ACT > TITLE VII > §§ 705-706

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 shall not constitute evidence to rebut the
presumption described in paragraph (1).
(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.
Buy American (42 U.S.C. 5206)43
(a) Compliance with Chapter 83 of Title 41 - No funds authorized to be
appropriated under this Act or any amendment made by this Act44 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 the Federal Emergency Management
Agency 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 contracting
under the Robert T. Stafford Disaster Relief and Emergency Assistance 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 43. This section was enacted as part of the Disaster Mitigation Act of 2000.
44. “This Act” refers to the Disaster Mitigation Act of 2000, Pub. L. No. 106-390.

77

STAFFORD ACT > TITLE VII > § 706

(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.

78

79

Miscellaneous Statutes > Public Laws

MISCELLANEOUS STATUTORY PROVISIONS
THAT RELATE TO THE STAFFORD ACT
U.S. Troop Readiness, Veterans’
Care, Katrina Recovery, and Iraq
Accountability Appropriations Act,
2007, Pub. L. 110-28, 121 Stat.
112 (2007), Signed on May 25,
2007.

Sec. 4502.
(a) COMMUNITY DISASTER LOAN ACT –
(1) IN GENERAL – Section 2(a) of
the Community Disaster Loan Act of
2005 (Public Law 109-88) is amended by striking “Provided further,
That notwithstanding section 417(c)
(1) of the Stafford Act, such loans
may not be canceled:”.

Sec. 4501.
(a) IN GENERAL – Notwithstanding
any other provision of law, including
any agreement, the Federal share of assistance, including direct Federal assistance, provided for the States of Louisiana, Mississippi, Florida, Alabama,
and Texas in connection with Hurricanes Katrina, Wilma, Dennis, and
Rita under sections 403, 406, 407, and
408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act
(42 U.S.C. 5170b, 5172, 5173, and
5174) shall be 100 percent of the eligible costs under such sections.

(2) EFFECTIVE
DATE
–
The
amendment made by paragraph
(1) shall be effective on the date
of enactment of the Community
Disaster Loan Act of 2005 (Public
Law 109-88).
(b) EMERGENCY
APPROPRIATIONS ACT –

SUPPLEMENTAL

(1) IN GENERAL – Chapter 4 of title
II of the Emergency Supplemental
Appropriations Act for Defense,
the Global War on Terror, and
Hurricane Recovery, 2006 (Public
Law 109-234) is amended under
Federal Emergency Management
Agency,
“Disaster
Assistance
Direct Loan Program Account” by
striking “Provided further, That
notwithstanding section 417(c)(1)
of such Act, such loans may not be
canceled:”.

(b) APPLICABILITY –
(1) IN GENERAL – The Federal share
provided by subsection (a) shall apply to disaster assistance applied for
before the date of enactment of this
Act.
(2) LIMITATION – In the case of disaster assistance provided under
sections 403, 406, and 407 of the
Robert T. Stafford Disaster Relief
and Emergency Assistance Act, the
Federal share provided by subsection (a) shall be limited to assistance
provided for projects for which a
“request for public assistance form”
has been submitted.

(2) EFFECTIVE
DATE
–
The
amendment made by paragraph
(1) shall be effective on the date
of enactment of the Emergency
Supplemental Appropriations Act for
Defense, the Global War on Terror,
and Hurricane Recovery, 2006
(Public Law 109-234).

80

Miscellaneous Statutes > Public Laws

Department of Homeland Security
Appropriations Act, 2007, Pub.
L. 109-295, 120 Stat. 1355
(2006), Signed on October 4,
2006. [Includes Post-Katrina
Emergency Management Reform
Act (PKEMRA)]
Sec. 536.
The Department of Homeland Security
shall, in approving standards for State
and local emergency preparedness
operational plans under section 613(b)
(3) of the Robert T. Stafford Disaster1
and Emergency Assistance 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 Robert T. Stafford Disaster2 and
Emergency Assistance Act (42 U.S.C.
5170b(a)) to carry out the plans
described in the previous proviso.

1. Typographical error appears in original;
the word “Relief” should probably follow
“Disaster.”
2. Typographical error appears in original;
the word “Relief” should probably follow
“Disaster.”

81

Selected Statutes > 6 U.S.C. § 101

Selected statutes from
Title 6 U.S. Code—
Domestic Security

ties, duties, and responsibilities.
>'H¿QLQJµµLQWHOOLJHQFHFRPSRQHQW
RIWKH'HSDUWPHQW¶¶@
(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 incorpoUDWHGDVDQRQSUR¿WFRUSRUDWLRQXQder 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 of¿FHUVDQGHPSOR\HHV
(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.
>'H¿QLQJ³WHUURULVP´@
(17)(A) The term “United States”, when
used in a geographic sense, means any

†'H¿QLWLRQV
,Q WKLV FKDSWHU WKH IROORZLQJ GH¿QLtions 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 nongovernPHQWDO HPHUJHQF\ SXEOLF VDIHW\ ¿UH
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 miliWDU\GHSDUWPHQWDVGH¿QHGUHVSHFWLYHly, in sections 105 and 102 of title 5.
(8) The term ‘‘functions’’ includes
authorities, powers, rights, privileges,
immunities, programs, projects, activi82

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

(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
RUQHJOHFWHGH[FHSWE\DVSHFL¿F
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
LOOHJDOGUXJWUDI¿FNLQJDQGWHUURUism, coordinate efforts to sever
such connections, and otherwise
contribute to efforts to interdict
LOOHJDOGUXJWUDI¿FNLQJ
(2) [Responsibility for investigating
DQGSURVHFXWLQJWHUURULVP]

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
EHFRQVWUXHGWRPRGLI\WKHGH¿QLWLRQ
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).
†([HFXWLYHGHSDUWPHQW
PLVVLRQ
D (VWDEOLVKPHQW²There is established a Department of Homeland Security, as an executive department of
the United States within the meaning
of title 5.
E0LVVLRQ
(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;

†6HFUHWDU\IXQFWLRQV
D6HFUHWDU\
(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 SECRETARY²$OOIXQFWLRQVRIDOORI¿FHUV

83

Selected Statutes > 6 U.S.C. § 112

(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]
H ,VVXDQFH RI UHJXODWLRQV²The issuance of regulations by the Secretary
shall be governed by the provisions of
FKDSWHU  RI WLWOH  H[FHSW DV VSHFL¿cally provided in this chapter, in laws
granting regulatory authorities that are
transferred by this chapter, and in laws
enacted after November 25, 2002.
I 6SHFLDO $VVLVWDQW WR WKH 6HFUH
WDU\²The 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

employees, and organizational units
of the Department are vested in the
Secretary.
E)XQFWLRQV—The Secretary—
(1) except as otherwise provided by
this chapter, may delegate any of the
6HFUHWDU\¶VIXQFWLRQVWRDQ\RI¿FHU
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.
F &RRUGLQDWLRQ ZLWK QRQ)HGHUDO
HQWLWLHV²With respect to homeland
security, the Secretary shall coordinate
WKURXJK WKH 2I¿FH RI 6WDWH DQG /RFDO
Coordination1 (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;

1. So in original. Probably should be
³2I¿FHRI6WDWHDQG/RFDO*RYHUQPHQW
Coordination.”

84

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 preparedQHVVVWDQGDUGVDQGWKHEXVLQHVVMXVWL¿cation 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
FRQVXOWLQJZLWKWKH2I¿FHRI6WDWH
and Local Government Coordination
and Preparedness on all matters of concern to the private sector, including the
tourism industry.
(g) [Standards policy]
†2WKHURI¿FHUV
D 'HSXW\ 6HFUHWDU\ 8QGHU 6HFUH
WDULHV²There are the following of¿FHUV DSSRLQWHG E\ WKH 3UHVLGHQW E\
and with the advice and consent of the
Senate:
[(1) to (3) Deputy Secretary of
+RPHODQG6HFXULW\8QGHU6HFUHWDU\
IRU6FLHQFHDQG7HFKQRORJ\8QGHU
Secretary for Border and Transportation Security]
(4) An Administrator of the Federal
Emergency Management Agency.
[(5) to (9) Director of the Bureau of
&LWL]HQVKLS DQG ,PPLJUDWLRQ 6HUYLFHV 8QGHU 6HFUHWDU\ IRU 0DQDJHPHQW 'LUHFWRU RI WKH 2I¿FH RI
&RXQWHUQDUFRWLFV
(QIRUFHPHQW
8QGHU 6HFUHWDU\ UHVSRQVLEOH IRU
overseeing critical infrastructure
protection, cybersecurity, and other
UHODWHGSURJUDPVRIWKH'HSDUWPHQW
QRWPRUHWKDQ$VVLVWDQW6HFUHWDUies]
(10) A General Counsel, who shall
85

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

(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
HIIRUWV RI WKH 2I¿FH IRU 'RPHVWLF
Preparedness;
  SURYLGLQJ DJHQF\VSHFL¿F WUDLQing 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;
  WKRVH HOHPHQWV RI WKH 2I¿FH RI
National Preparedness of the Federal Emergency Management Agency
which relate to terrorism, which
shall be consolidated within the DeSDUWPHQWLQWKH2I¿FHIRU'RPHVWLF
Preparedness established under this
section; and
(9) helping to ensure the acquisition

EHWKHFKLHIOHJDORI¿FHURIWKH'Hpartment.
E,QVSHFWRU*HQHUDO²There shall be
LQWKH'HSDUWPHQWDQ2I¿FHRI,QVSHFtor General and an Inspector General
DWWKHKHDGRIVXFKRI¿FHDVSURYLGHG
in the Inspector General Act of 1978 (5
U.S.C. App.).
(c) [&RPPDQGDQWRIWKH&RDVW*XDUG]
(d) [2WKHURI¿FHUV]
(e) [&KLHI)LQDQFLDO2I¿FHU]
I 3HUIRUPDQFH RI VSHFL¿F IXQF
WLRQV²Subject to the provisions of
WKLV FKDSWHU HYHU\ RI¿FHU RI WKH 'Hpartment shall perform the functions
VSHFL¿HGE\ODZIRUWKHRI¿FLDO¶VRI¿FH
or prescribed by the Secretary.
†2I¿FHIRU'RPHVWLF
3UHSDUHGQHVV
D ,Q JHQHUDO²7KH 2I¿FH IRU 'Rmestic Preparedness shall be within the
Directorate of Border and Transportation Security.
(b) [Director]
F 5HVSRQVLELOLWLHV²7KH 2I¿FH IRU
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;
86

Selected Statutes > 6 U.S.C. § 311

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;
WKHWHUP³5HJLRQDO2I¿FH´PHDQV
D 5HJLRQDO 2I¿FH HVWDEOLVKHG XQGHU
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, mediFDO FDUH HYDFXDWLRQ FDSDFLW\ VWDI¿QJ
(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.

of interoperable communication
technology by State and local governments and emergency response
providers.
(d) [Fiscal years 2003 and 2004]
†'H¿QLWLRQV
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
WKDW LGHQWL¿HV SHUVRQQHO DQG DXWKHQWLFDWHVDQGYHUL¿HVWKHTXDOL¿FDWLRQVRI
such personnel by ensuring that such
personnel possess a minimum common
level of training, experience, physical
DQGPHGLFDO¿WQHVVDQGFDSDELOLW\DSpropriate for a particular position in accordance with standards created under
section 320 of this title;
(5) the term “Federal coordinating of¿FHU´ PHDQV D )HGHUDO FRRUGLQDWLQJ
RI¿FHUDVGHVFULEHGLQVHFWLRQRI
title 42;
(6) the term “interoperable” has the
meaning given the term “interoperable communications” under section
194(g)(1) of this title;1
(7) the term “National Incident Management System” means a system to
HQDEOH HIIHFWLYH HI¿FLHQW DQG FROODE-

6HFWLRQJRIWKH,QWHOOLJHQFH5HIRUP
DQG7HUURULVP3UHYHQWLRQ$FWRI86&
194(g)(1)).

87

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

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 ef¿FLHQWO\ XWLOL]H WKH IXOO PHDVXUH
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
5HJLRQDO 2I¿FHV WKDW ZLOO ZRUN
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-

†'H¿QLWLRQ
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.
†)HGHUDO(PHUJHQF\
0DQDJHPHQW$JHQF\
D ,Q JHQHUDO²There is in the Department the Federal Emergency Management Agency, headed by an Administrator.
E0LVVLRQ
(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, re-

88

Selected Statutes > 6 U.S.C. § 313

(3) REPORTING—The Administrator
shall report to the Secretary, without
being required to report through any
RWKHURI¿FLDORIWKH'HSDUWPHQW
(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

der Protection, the Director of Immigration and Customs Enforcement, the National Operations
Center, and other agencies and
RI¿FHVLQWKH'HSDUWPHQWWRWDNH
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
UHVSRQGWRVSHFL¿FW\SHVRILQFLdents that pose the greatest risk to
our Nation.
F$GPLQLVWUDWRU
(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.
89

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

(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

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.
†$XWKRULW\DQGUHVSRQVLELOLWLHV
D ,Q JHQHUDO²The 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;

90

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;
 LQFUHDVLQJHI¿FLHQFLHVE\FRRUdinating 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.

91

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

E$OOKD]DUGV DSSURDFK²In 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
DJDLQVW WKH ULVNV RI VSHFL¿F W\SHV RI
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.
E([FHSWLRQV²The following within
the Preparedness Directorate shall not
be transferred:
 7KH2I¿FHRI,QIUDVWUXFWXUH3URtection.
(2) The National Communications
System.
(3) The National Cybersecurity
Division.
 7KH2I¿FHRIWKH&KLHI0HGLFDO
2I¿FHU
(5) The functions, personnel, assets,
components, authorities, and liabilities of each component described
under paragraphs (1) through (4).

†D)(0$SURJUDPV
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.

†3UHVHUYLQJWKH)HGHUDO
(PHUJHQF\0DQDJHPHQW$JHQF\
D'LVWLQFWHQWLW\—The Agency shall
be maintained as a distinct entity within the Department.
E 5HRUJDQL]DWLRQ²Section 452 of
this title shall not apply to the Agency,
including any function or organizational unit of the Agency.
F 3URKLELWLRQ RQ FKDQJHV WR
PLVVLRQV
(1) IN GENERAL—The Secretary may
QRWVXEVWDQWLDOO\RUVLJQL¿FDQWO\UHduce the authorities, responsibilities,
or functions of the Agency or the capability of the Agency to perform
those missions, authorities, responsibilities, except as otherwise speFL¿FDOO\SURYLGHGLQDQ$FWHQDFWHG
after October 4, 2006.
(2) CERTAIN TRANSFERS PROHIBITED—
No asset, function, or mission of

†)XQFWLRQVWUDQVIHUUHG
D,QJHQHUDO—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, in92

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.
G5HSURJUDPPLQJDQGWUDQVIHURI
IXQGV²In reprogramming or transferring funds, the Secretary shall comply
with any applicable provisions of any
Act making appropriations for the DeSDUWPHQW IRU ¿VFDO \HDU  RU DQ\
VXFFHHGLQJ ¿VFDO \HDU UHODWLQJ WR WKH
reprogramming or transfer of funds.

VHUYHGE\VXFK5HJLRQDO2I¿FH
F5HVSRQVLELOLWLHV
(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
5HJLRQDO2I¿FHWRFDUU\RXWWKHUHsponsibilities 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;
  ' VWDI¿QJ DQG RYHUVHHLQJ  RU
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-

†5HJLRQDORI¿FHV
D,QJHQHUDO²There are in the AgenF\UHJLRQDORI¿FHVDVLGHQWL¿HGE\
the Administrator.
E0DQDJHPHQWRIUHJLRQDORI¿FHV
(1) REGIONAL ADMINISTRATOR—Each
5HJLRQDO2I¿FHVKDOOEHKHDGHGE\
a Regional Administrator who shall
be appointed by the Administrator,
after consulting with State, local,
DQG WULEDO JRYHUQPHQW RI¿FLDOV LQ
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
D 5HJLRQDO 2I¿FH WKH $GPLQLVtrator shall consider the familiarity of an individual with the geographical area and demographic
characteristics of the population
93

Selected Statutes > 6 U.S.C. § 317

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.
G$UHDRI¿FHV
(1) IN GENERAL—There is an Area
2I¿FH IRU WKH 3DFL¿F DQG DQ $UHD
2I¿FH IRU WKH &DULEEHDQ DV FRPponents in the appropriate Regional
2I¿FHV
(2) ALASKA—The Administrator
VKDOO HVWDEOLVK DQ $UHD 2I¿FH LQ
Alaska, as a component in the apSURSULDWH5HJLRQDO2I¿FH
H5HJLRQDO$GYLVRU\&RXQFLO
(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
5HJLRQDO 2I¿FH PD\ QRPLQDWH RI¿FLDOV LQFOXGLQJ$GMXWDQWV *HQHUDO
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
LVVXHVVSHFL¿FWRWKDWUHJLRQ
(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 compliFDWHGRUGLI¿FXOWDQG
(C) advise the Regional Admin-

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
$GPLQLVWUDWRUWRXQGHUJRVSHFL¿F
training periodically to complePHQW WKH TXDOL¿FDWLRQV RI WKH
Regional Administrator. Such
training, as appropriate, shall include training with respect to the
National Incident Management
94

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

istrator of any weaknesses or
GH¿FLHQFLHVLQSUHSDUHGQHVVSURtection, response, recovery, and
mitigation for any State, local,
and tribal government within the
region of which the Regional Advisory Council is aware.
I5HJLRQDO2I¿FHVWULNHWHDPV
(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 coordiQDWLQJRI¿FHU
(B) personnel trained in incident
management;
(C) public affairs, response and
recovery, and communications
support personnel;
(D) a defense coordinating
RI¿FHU
(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
2I¿FHVWULNHWHDPIURPDQRWKHUUHOHvant 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

PHPEHUV RI HDFK 5HJLRQDO 2I¿FH
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
2I¿FH VWULNH WHDP VKDOO FRRUGLQDWH
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
2I¿FH VWULNH WHDP VKDOO EH WUDLQHG
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.
†1DWLRQDO$GYLVRU\&RXQFLO
D(VWDEOLVKPHQW²Not 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.

95

Selected Statutes > 6 U.S.C. § 318

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
UHVSRQVH¿HOG
(D) State, local, and tribal govHUQPHQW RI¿FLDOV ZLWK H[SHUWLVH
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.

E5HVSRQVLELOLWLHV
(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.
F0HPEHUVKLS
(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
FURVVVHFWLRQRIRI¿FLDOVHPHUJHQF\
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
HPHUJHQF\ PDQDJHPHQW ¿HOG
and emergency response providHUV LQFOXGLQJ ¿UH VHUYLFH ODZ
enforcement, hazardous materi96

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

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
,QFLGHQW $QQH[ ¿QDOL]LQJ DQG
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.
F,QFLGHQWPDQDJHPHQW
(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
RI WKH FRPPDQG VSHFL¿HG LQ WKH
National Response Plan shall—
(i) provide for a role for the Administrator consistent with the

(3) EX OFFICIO MEMBERS—The Administrator shall designate 1 or more
RI¿FHUV RI WKH )HGHUDO *RYHUQPHQW
WRVHUYHDVH[RI¿FLRPHPEHUVRIWKH
National Advisory Council.
(4) TERMS OF OFFICE—
(A) IN GENERAL—Except as provided in subparagraph (B), the
WHUPRIRI¿FHRIHDFKPHPEHURI
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.
G$SSOLFDELOLW\RI)HGHUDO$GYLVRU\
&RPPLWWHH$FW
(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.
†1DWLRQDO,QWHJUDWLRQ&HQWHU
D ,Q JHQHUDO—There is established
in the Agency a National Integration
Center.
E5HVSRQVLELOLWLHV
(1) IN GENERAL—The Administrator, through the National Integration
Center, and in consultation with other Federal departments and agencies
and the National Advisory Council,
97

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

personnel) and resources likely needed
to respond to natural disasters, acts of
terrorism, and other man-made disasters.
E'LVWULEXWLRQ
(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.

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
)HGHUDO &RRUGLQDWLQJ 2I¿FHU
consistent with the responsibilities under section 5143(b)
of title 42.
(2) PRINCIPAL FEDERAL OFFICIAL—
7KH 3ULQFLSDO )HGHUDO 2I¿FLDO RU
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 EnforcePHQW2I¿FLDO)HGHUDO&RRUGLQDWLQJ 2I¿FHU RU RWKHU )HGHUDO DQG
6WDWHRI¿FLDOV
†&UHGHQWLDOLQJDQGW\SLQJ
D ,Q JHQHUDO²The 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
98

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

(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-

F&UHGHQWLDOLQJDQGW\SLQJRISHU
VRQQHO—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.
G&RQVXOWDWLRQRQKHDOWKFDUHVWDQ
GDUGV²In developing standards for
credentialing health care professionals under this section, the Administrator shall consult with the Secretary of
Health and Human Services.
†7KH1DWLRQDO,QIUDVWUXFWXUH
6LPXODWLRQDQG$QDO\VLV&HQWHU
D 'H¿QLWLRQ²In 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.
E$XWKRULW\
(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
99

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;
  % ZLWK OLPLWHG (QJOLVK SUR¿ciency; or
(C) who might otherwise have
GLI¿FXOW\LQREWDLQLQJVXFKLQIRUmation; and
(6) identify shelter locations and capabilities.
F$VVLVWDQFH
(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.
G0XOWLSXUSRVHIXQGV²Nothing in
this section may be construed to preclude a State, local, or tribal govern-

†D(YDFXDWLRQSODQVDQG
H[HUFLVHV
D ,Q JHQHUDO²Notwithstanding 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.
E3ODQGHYHORSPHQW²In 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
WZRZD\WUDI¿FWRRQHZD\HYDFXDtion routes;

100

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
JRYHUQPHQWRI¿FLDOVDQGRWKHUVRQ
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

†E'LVDELOLW\&RRUGLQDWRU
D ,Q JHQHUDO²After 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.
E 5HVSRQVLELOLWLHV²The 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

101

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

national preparedness system established under section 744 of this
title;1 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.
F6WDWHDQGORFDO¿UHVHUYLFHUHSUH
VHQWDWLRQ²
(1) ESTABLISHMENT OF POSITION—The
Secretary shall, in consultation with
the Administrator of the United
States Fire Administration, establish
D¿UHVHUYLFHSRVLWLRQDWWKH1DWLRQDO
Operations Center established under
subsection (b) to ensure the effective
sharing of information between the
Federal Government and State and
ORFDO¿UHVHUYLFHV
(2) DESIGNATION OF POSITION—The
Secretary shall designate, on a rotatLQJEDVLVD6WDWHRUORFDO¿UHVHUYLFH
RI¿FLDOIRUWKHSRVLWLRQGHVFULEHGLQ
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.

†F'HSDUWPHQWDQG$JHQF\
RI¿FLDOV
D 'HSXW\ $GPLQLVWUDWRUV²The
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.
E &\EHUVHFXULW\ DQG FRPPXQLFD
WLRQV²There is in the Department an
Assistant Secretary for Cybersecurity
and Communications.
F 8QLWHG 6WDWHV )LUH $GPLQLVWUD
WLRQ²The Administrator of the United
States Fire Administration shall have a
rank equivalent to an assistant secretary of the Department.
†G1DWLRQDO2SHUDWLRQV&HQWHU
D 'H¿QLWLRQ²In 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.
E (VWDEOLVKPHQW²The 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

†H&KLHI0HGLFDO2I¿FHU
D ,Q JHQHUDO²There is in the DeSDUWPHQWD&KLHI0HGLFDO2I¿FHUZKR
shall be appointed by the President, by
and with the advice and consent of the
Senate.
E 4XDOL¿FDWLRQV²The individual
DSSRLQWHG DV &KLHI 0HGLFDO 2I¿FHU
shall possess a demonstrated ability in
and knowledge of medicine and public
health.
F 5HVSRQVLELOLWLHV²The Chief
0HGLFDO2I¿FHUVKDOOKDYHWKHSULPDU\
responsibility within the Department
for medical issues related to natural
disasters, acts of terrorism, and other

6HFWLRQRIWKH3RVW.DWULQD(PHUJHQF\
0DQDJHPHQW5HIRUP$FWRI

102

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.
E5XOHRIFRQVWUXFWLRQ²Nothing 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.
†J&RQGXFWRIFHUWDLQSXEOLF
KHDOWKUHODWHGDFWLYLWLHV
D ,Q JHQHUDO²With 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.
E(YDOXDWLRQRISURJUHVV²In carrying out subsection (a), the Secretary of
Health and Human Services shall collaborate with the Secretary in developLQJ VSHFL¿F EHQFKPDUNV DQG RXWFRPH
measurements for evaluating progress
toward achieving the priorities and
goals described in such subsection.

†I1XFOHDULQFLGHQWUHVSRQVH
D,QJHQHUDO²At 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
103

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

of which not to exceed $890,000,000
PD\ EH REOLJDWHG GXULQJ ¿VFDO \HDU
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.
E 6SHFLDO UHVHUYH IXQG²For 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).
F$YDLODELOLW\²Amounts appropriated under subsection (a) become available for a procurement under the security countermeasures program only
upon the approval by the President of
such availability for the procurement
in accordance with paragraph (6)(B) of
such program.
G5HODWHGDXWKRUL]DWLRQVRIDSSUR
SULDWLRQV
(1) THREAT ASSESSMENT CAPABILITIES—For the purpose of carrying
out the responsibilities of the Secretary for terror threat assessment
under the security countermeasures
program, there are authorized to be
appropriated such sums as may be
QHFHVVDU\IRUHDFKRIWKH¿VFDO\HDUV
2004 through 2006, for the hiring of
professional personnel within the
2I¿FHRI,QWHOOLJHQFHDQG$QDO\VLV
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 be weapon-

†K8VHRIQDWLRQDOSULYDWHVHF
WRUQHWZRUNVLQHPHUJHQF\UHVSRQVH
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.
†L8VHRIFRPPHUFLDOO\DYDLODEOH
WHFKQRORJ\JRRGVDQGVHUYLFHV
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.
†M3URFXUHPHQWRIVHFXULW\
FRXQWHUPHDVXUHVIRU6WUDWHJLF
1DWLRQDO6WRFNSLOH
D $XWKRUL]DWLRQ RI DSSURSULD
WLRQV²For 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
WKH ¿VFDO \HDUV  WKURXJK 
Of the amounts appropriated under
the preceding sentence, not to exceed
$3,418,000,000 may be obligated durLQJWKH¿VFDO\HDUVWKURXJK

104

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

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.
E'LVWULEXWLRQDQGDVVLVWDQFH²The
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.

ized 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 quali¿FDWLRQVIRUWKHSHUIRUPDQFHRILQtelligence activities promulgated by
the Director of Central Intelligence
pursuant to section 403–41 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
WHPSRUDU\ RU SHUPDQHQW VXI¿FLHQW
to permit the Secretary to receive,
not later than 180 days after July 21,
DOOFODVVL¿HGLQIRUPDWLRQDQG
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
EH QHFHVVDU\ IRU HDFK RI WKH ¿VFDO
years 2004 through 2006.

§321l*XLGDQFHDQG
UHFRPPHQGDWLRQV
D,QJHQHUDO²Consistent 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

†N0RGHOVWDQGDUGVDQG
JXLGHOLQHVIRUFULWLFDO
LQIUDVWUXFWXUHZRUNHUV
D ,Q JHQHUDO²Not 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
1. Section 403-4 of title 50 was repealed and
new section 403-4 enacted; as so enacted, secWLRQQRORQJHUUHODWHVWRWKHSURPXOJDWLRQ
RIVWDQGDUGVDQGTXDOL¿FDWLRQVIRUWKHSHUIRUPDQFHRILQWHOOLJHQFHDFWLYLWLHV

105

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

sector preparedness accreditation
DQG FHUWL¿FDWLRQ SURJUDP LQ DFFRUdance with this section.
(2) DESIGNATION OF OFFICER—The
6HFUHWDU\ VKDOO GHVLJQDWH DQ RI¿FHU
responsible for the accreditation
DQGFHUWL¿FDWLRQSURJUDPXQGHUWKLV
VHFWLRQ6XFKRI¿FHUKHUHLQDIWHUUHferred to in this section as the “desLJQDWHGRI¿FHU´VKDOOEHRQHRIWKH
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
WKHDFFUHGLWDWLRQDQGFHUWL¿FDWLRQSURgram under this section, the designated
RI¿FHUVKDOOFRRUGLQDWHZLWK²

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.
E ,VVXDQFH DQG SURPRWLRQ²Any
guidance or recommendations develRSHGRUEHVWSUDFWLFHVLGHQWL¿HGXQGHU
subsection (a) shall be—
(1) issued through the Administrator; and
(2) promoted by the Secretary to the
private sector.
F 6PDOO EXVLQHVV FRQFHUQV²In
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.
G5XOHRIFRQVWUXFWLRQ²Nothing in
this section may be construed to supersede any requirement established under any other provision of law.
†P9ROXQWDU\SULYDWHVHFWRU
SUHSDUHGQHVVDFFUHGLWDWLRQDQG
FHUWL¿FDWLRQSURJUDP
D(VWDEOLVKPHQW
(1) IN GENERAL—The Secretary, actLQJ WKURXJK WKH RI¿FHU GHVLJQDWHG
under paragraph (2), shall establish
and implement the voluntary private

106

Selected Statutes > 6 U.S.C. § 321m

(i) develop and promote a program to certify the preparedness of private sector entities
that voluntarily choose to seek
FHUWL¿FDWLRQXQGHUWKHSURJUDP
and
(ii) implement the program under this subsection through any
entity with which the designatHGRI¿FHUHQWHUVLQWRDQDJUHHment under paragraph (3)(A),
which shall accredit third parWLHVWRFDUU\RXWWKHFHUWL¿FDWLRQ
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 subVHFWLRQ WKH GHVLJQDWHG RI¿FHU
shall develop guidelines for the
DFFUHGLWDWLRQ DQG FHUWL¿FDWLRQ
processes established under
this subsection.
(B) STANDARDS—The designated
RI¿FHU LQ FRQVXOWDWLRQ ZLWK UHSresentatives 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 manDJHPHQWRI¿FLDOVDQGDSSURSULDWH
private sector advisory groups

   $ WKH RWKHU RI¿FHUV RI WKH 'Hpartment referred to in paragraph
(2), using the expertise and reVSRQVLELOLWLHV RI VXFK RI¿FHUV
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.
E 9ROXQWDU\ SULYDWH VHFWRU SUH
SDUHGQHVV VWDQGDUGV YROXQWDU\
DFFUHGLWDWLRQ DQG FHUWL¿FDWLRQ SUR
JUDPIRUWKHSULYDWHVHFWRU
(1) ACCREDITATION AND CERTIFICATION
PROGRAM—Not later than 210 days
after August 3, 2007, the designated
RI¿FHUVKDOO²
(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 emerJHQF\ PDQDJHPHQW RI¿FLDOV DQG
appropriate private sector advisory groups, such as sector coordinating councils and information
sharing and analysis centers—
107

Selected Statutes > 6 U.S.C. § 321m

(E) CONSIDERATIONS—In developing and implementing the program under this subsection, the
GHVLJQDWHGRI¿FHUVKDOO²
(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
    ,, E\ DQ\ VHFWRUVSHFL¿F
DJHQF\ DV GH¿QHG XQGHU
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,
WKH GHVLJQDWHG RI¿FHU VKDOO
enter into one or more agreePHQWV ZLWK D KLJKO\ TXDOL¿HG
nongovernmental entity with
experience or expertise in coordinating and facilitating the
development and use of voluntary consensus standards and
in managing or implementing
DFFUHGLWDWLRQ DQG FHUWL¿FDWLRQ
programs for voluntary consensus standards, or a similarly
TXDOL¿HG SULYDWH VHFWRU HQWLW\
to carry out accreditations and
RYHUVHH WKH FHUWL¿FDWLRQ SURcess under this subsection. An
entity entering into an agree-

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
FHUWL¿FDWLRQSURJUDPXQGHUWKLV
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
DQG FHUWL¿FDWLRQ SURJUDP DV
necessary and appropriate to
promote preparedness.
(C) SUBMISSION OF RECOMMENDATIONS—In adopting one or more
standards under subparagraph
% WKH GHVLJQDWHG RI¿FHU PD\
receive recommendations from
any entity described in that subparagraph relating to appropriate
voluntary preparedness standards,
including appropriate sector speFL¿FVWDQGDUGVIRUDGRSWLRQLQWKH
program.
(D) SMALL BUSINESS CONCERNS—
7KH GHVLJQDWHG RI¿FHU DQG DQ\
entity with which the designated
RI¿FHU HQWHUV LQWR DQ DJUHHPHQW
under paragraph (3)(A) shall esWDEOLVK VHSDUDWH FODVVL¿FDWLRQV
DQG PHWKRGV RI FHUWL¿FDWLRQ IRU
small business concerns (under
the meaning given that term in
section 632 of title 15) for the
program under this subsection.
108

Selected Statutes > 6 U.S.C. § 321m

entities in developing procedures under clause (i) shall be
resolved by the designated of¿FHU
(C) DESIGNATION—A selected entiW\PD\DFFUHGLWDQ\TXDOL¿HGWKLUG
SDUW\WRFDUU\RXWWKHFHUWL¿FDWLRQ
process under this subsection.
(D) DISADVANTAGED BUSINESS INVOLVEMENT—In accrediting quali¿HG WKLUG SDUWLHV WR FDUU\ RXW WKH
FHUWL¿FDWLRQ SURFHVV XQGHU WKLV
subsection, a selected entity shall
ensure, to the extent practicable,
that the third parties include
TXDOL¿HGVPDOOPLQRULW\ZRPHQ
owned, or disadvantaged business
concerns when appropriate. The
term “disadvantaged business
concern” means a small business
that is owned and controlled by
socially and economically disadYDQWDJHG LQGLYLGXDOV DV GH¿QHG
in section 124 of title 13, United
States Code of Federal Regulations.
(E) TREATMENT OF OTHER CERTIFICATIONS—At the request of any
HQWLW\ VHHNLQJ FHUWL¿FDWLRQ DQ\
selected entity may consider, as
appropriate, other relevant cerWL¿FDWLRQV DFTXLUHG E\ WKH HQWLW\
VHHNLQJ FHUWL¿FDWLRQ ,I WKH VHlected entity determines that such
RWKHU FHUWL¿FDWLRQV DUH VXI¿FLHQW
WR PHHW WKH FHUWL¿FDWLRQ UHTXLUHPHQWRUDVSHFWVRIWKHFHUWL¿FDWLRQ
requirement under this section,
the selected entity may give credit
WRWKHHQWLW\VHHNLQJFHUWL¿FDWLRQ
as appropriate, to avoid unnecesVDULO\GXSOLFDWLYHFHUWL¿FDWLRQUHquirements.
(F) THIRD PARTIES—To be accredited under subparagraph (C), a
third party shall—

ment with the designated of¿FHUXQGHUWKLVFODXVHKHUHLQafter referred to in this section
as a “selected entity”) shall not
SHUIRUP FHUWL¿FDWLRQV XQGHU
this subsection.
(ii) CONTENTS—A selected entity shall manage the accreditation process and oversee the
FHUWL¿FDWLRQ SURFHVV LQ DFFRUdance with the program established under this subsection
DQGDFFUHGLWTXDOL¿HGWKLUGSDUWLHVWRFDUU\RXWWKHFHUWL¿FDWLRQ
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
FHUWL¿FDWLRQ SURFHVVHV XQGHU
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
DQG FHUWL¿FDWLRQ SURFHVVHV
if there is more than one selected entity; and
(II) be used by any selected
entity in conducting accreditations and overseeing the
FHUWL¿FDWLRQ SURFHVV XQGHU
this subsection.
(iii) DISAGREEMENT—Any disagreement among selected
109

Selected Statutes > 6 U.S.C. § 321m

complying with the procedures
and requirements established
under subparagraph (B) and all
other applicable requirements.
(ii) REVOCATION—If the desigQDWHG RI¿FHU RU DQ\ VHOHFWHG
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
FHUWL¿FDWLRQVXQGHUWKLVVXEsection; and
    ,, UHYLHZ DQ\ FHUWL¿FDtion conducted by that third
party, as necessary and appropriate.
(4) ANNUAL REVIEW—
(A) IN GENERAL—The designated
RI¿FHU LQ FRQVXOWDWLRQ ZLWK UHSresentatives 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 managePHQW RI¿FLDOV DQG HDFK SULYDWH
sector advisory council created
under section 112(f)(4) of this
title, shall annually review the
voluntary accreditation and cerWL¿FDWLRQSURJUDPHVWDEOLVKHGXQder this subsection to ensure the
effectiveness of such program (including the operations and management of such program by any
selected entity and the selected
HQWLW\¶VLQFOXVLRQRITXDOL¿HGGLVadvantaged business concerns under paragraph (3)(D)) and make
improvements and adjustments to

(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);
   LL DJUHH WR SHUIRUP FHUWL¿FDtions in accordance with such
procedures and requirements;
(iii) agree not to have any benH¿FLDO LQWHUHVW LQ RU DQ\ GLUHFW
or indirect control over—
(I) a private sector entity for
which that third party conGXFWV D FHUWL¿FDWLRQ XQGHU
this subsection; or
(II) any organization that
provides preparedness consulting services to private
sector entities;
(iv) agree not to have any other
FRQÀLFWRILQWHUHVWZLWKUHVSHFW
to any private sector entity for
which that third party conducts
D FHUWL¿FDWLRQ XQGHU WKLV VXEsection;
(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 desigQDWHG RI¿FHU DQG DQ\ VHOHFWHG
entity shall regularly monitor
and inspect the operations of
any third party conducting cerWL¿FDWLRQVXQGHUWKLVVXEVHFWLRQ
to ensure that the third party is
110

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

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.
E 3URKLELWLRQ²The 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.
F5HSRUW
(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 publically1 available.

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—CerWL¿FDWLRQXQGHUWKLVVXEVHFWLRQVKDOO
be voluntary for any private sector
entity.
(6) PUBLIC LISTING—The designated
RI¿FHUVKDOOPDLQWDLQDQGPDNHSXElic a listing of any private sector enWLW\FHUWL¿HGDVEHLQJLQFRPSOLDQFH
with the program established under
this subsection, if that private sector
entity consents to such listing.
F5XOHRIFRQVWUXFWLRQ²Nothing 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
  %E\DQ\VHFWRUVSHFL¿FDJHQF\
DVWKRVHDJHQFLHVDUHGH¿QHGXQder Homeland Security Presidential Directive–7; or
(2) exempting any private sector
HQWLW\VHHNLQJFHUWL¿FDWLRQRUPHHWLQJFHUWL¿FDWLRQUHTXLUHPHQWVXQGHU
subsection (b) from compliance with
all applicable statutes, regulations,
directives, policies, and industry
codes of practice.
†Q$FFHSWDQFHRIJLIWV
D$XWKRULW\²The Secretary may accept and use gifts of property, both real
and personal, and may accept gifts of

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

111

Selected Statutes > 6 U.S.C. § 347

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.
E&RQWHQWVRIUHYLHZ²In 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
WR SURYLGH VXI¿FLHQW UHVRXUFHV WR
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-

†4XDGUHQQLDOKRPHODQG
VHFXULW\UHYLHZ
D5HTXLUHPHQW
(1) QUADRENNIAL REVIEWS REQUIRED²,Q¿VFDO\HDUDQGHYery 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;
  % NH\ RI¿FLDOV RI WKH 'HSDUWment; and
(C) other relevant governmental
and nongovernmental entities,
including State, local, and tribal
JRYHUQPHQW RI¿FLDOV PHPEHUV
of Congress, private sector representatives, academics, and other
policy experts.
(4) RELATIONSHIP WITH FUTURE YEARS
HOMELAND SECURITY PROGRAM—The
112

Selected Statutes > 6 U.S.C. § 347

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) [$XWKRUL]DWLRQRIDSSURSULDWLRQV]

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.
F5HSRUWLQJ
(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
WKH DVVXPHG RU GH¿QHG QDWLRQDO
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
113

Selected Statutes > 6 U.S.C. § 462

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.
F $QQXDO UHSRUW²7KH 2I¿FH HVtablished under subsection (a) of this
section shall submit an annual report to
Congress that includes—
 WKHLGHQWL¿FDWLRQRIWKHUHVRXUFHV
required to fully implement homeland security efforts in the National
Capital Region;
(2) an assessment of the progress
made by the National Capital Re-

†2I¿FHRI1DWLRQDO&DSLWDO
5HJLRQ&RRUGLQDWLRQ
D(VWDEOLVKPHQW
(1) IN GENERAL—There is estabOLVKHGZLWKLQWKH2I¿FHRIWKH6HFUHWDU\WKH2I¿FHRI1DWLRQDO&DSLWDO
Region Coordination, to oversee and
coordinate Federal programs for and
relationships with State, local, and
regional authorities in the National
&DSLWDO 5HJLRQ DV GH¿QHG XQGHU
section 2674(f)(2) of title 10.
(2) DIRECTOR²7KH 2I¿FH HVWDElished 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
RWKHU6WDWHORFDODQGUHJLRQDORI¿cers 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.
E 5HVSRQVLELOLWLHV²7KH 2I¿FH HVtablished under subsection (a)(1) of
this section shall—
(1) coordinate the activities of the
Department relating to the National
Capital Region, including cooperaWLRQ ZLWK WKH 2I¿FH IRU 6WDWH DQG
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,
114

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.
G/LPLWDWLRQ²Nothing contained in
this section shall be construed as limiting the power of State and local governments.

)RUFHVLVUHTXLUHGWRIXO¿OOWKH3UHVident’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
VSHFL¿FDOO\ DXWKRUL]H WKH 3UHVLGHQW
to use the Armed Forces to help restore public order.
E 6HQVH RI &RQJUHVV²Congress
UHDI¿UPVWKHFRQWLQXHGLPSRUWDQFHRI
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.

†6HQVHRI&RQJUHVV
UHDI¿UPLQJWKHFRQWLQXHG
LPSRUWDQFHDQGDSSOLFDELOLW\RI
WKH3RVVH&RPLWDWXV$FW
D)LQGLQJV²&RQJUHVV¿QGVWKHIROlowing:
(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

†'LVFORVXUHVUHJDUGLQJ
KRPHODQGVHFXULW\JUDQWV
D'H¿QLWLRQV²In 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 Re-

115

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.
E5HTXLUHGGLVFORVXUHV²Each 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.
E
,PSOHPHQWDWLRQ
5HTXLUH
PHQWV—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
ZLWKOLPLWHG(QJOLVKSUR¿FLHQF\WR
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 governPHQW RI¿FLDOV LQ WKH XVH RI WKH
Common Alerting Protocol enabled Emergency Alert System;
and
(C) Time period. conducting, not

†,QWHJUDWHG3XEOLF$OHUWDQG
:DUQLQJ6\VWHP0RGHUQL]DWLRQ
D ,Q *HQHUDO—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,
116

Selected Statutes > 6 U.S.C. § 526

(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
SUR¿FLHQF\DQG
(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.
G 8VH RI 6\VWHP—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.
H 3HUIRUPDQFH 5HSRUWV [Requires
reports to congress and on website]
E ,QWHJUDWHG 3XEOLF $OHUW DQG
:DUQLQJ 6\VWHP 6XEFRPPLWWHH
[Creates NAC Subcommittee chaired
by the Deputy Administrator for Protection and National Preparedness; expires after 3 years]

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.
F6\VWHP5HTXLUHPHQWV—The public alert and warning system shall—
(1) to the extent determined appropriate by the Administrator, incorporate multiple communications technologies;
117

Selected Statutes > 6 U.S.C. § 571

F$XWKRUL]DWLRQRI$SSURSULDWLRQV
[Authorizes appropriations through
2018]
G /LPLWDWLRQV RQ 6WDWXWRU\ &RQ
VWUXFWLRQ—[Preserves other Departments and Agency Authorities]

HUQPHQWRI¿FLDOVZLWKUHVSHFWWRXVH
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
RI WKH 2I¿FH RI 0DQDJHPHQW DQG
Budget in ensuring the continued
operation of the telecommunications functions and responsibilities
of the Federal Government, excluding spectrum management;
(11) establish, in coordination with
WKH 'LUHFWRU RI WKH 2I¿FH IRU ,Qteroperability and Compatibility, requirements for interoperable emergency communications capabilities,

†2I¿FHRI(PHUJHQF\
&RPPXQLFDWLRQV
(a) [In general].
(b) [Director]
F5HVSRQVLELOLWLHV²The 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 of¿FLDOV WR FRQWLQXH WR FRPPXQLFDWH
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 gov118

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
JRYHUQPHQW RI¿FLDOV WR FRQWLQXH WR
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) [3HUIRUPDQFH RI SUHYLRXVO\ WUDQVferred functions]
H &RRUGLQDWLRQ²The Director for
Emergency Communications shall coordinate—
(1) as appropriate, with the Director
RIWKH2I¿FHIRU,QWHURSHUDELOLW\DQG

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) [6XI¿FLHQF\RIUHVRXUFHVSODQ]
†,QWHURSHUDEOH(PHUJHQF\
&RPPXQLFDWLRQV*UDQW3URJUDP
D (VWDEOLVKPHQW²The 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.
E 3ROLF\²The 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 responVLELOLWLHV DQG DXWKRULWLHV RI WKH 2I¿FH
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.
F$GPLQLVWUDWLRQ
(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
119

Selected Statutes > 6 U.S.C. § 579

is likely to further interoperability.
I/LPLWDWLRQVRQXVHVRIIXQGV
(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.
J/LPLWDWLRQVRQDZDUGRIJUDQWV
(1) NATIONAL EMERGENCY COMMUNICATIONS 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.
K $ZDUG RI JUDQWV²In 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—

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.
G 8VH RI IXQGV—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.
H$SSURYDORISODQV
(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
120

Selected Statutes > 6 U.S.C. § 579

State receives a grant in an amount
that is less than the following percentage of the total amount appropriated for grants under this section
IRUWKDW¿VFDO\HDU
  $)RU¿VFDO\HDUSHUcent.
  %)RU¿VFDO\HDUSHUcent.
  &)RU¿VFDO\HDUSHUcent.
  ')RU¿VFDO\HDUSHUcent.
  ()RU¿VFDO\HDUDQGHDFK
VXEVHTXHQW ¿VFDO \HDU  SHUcent.
(2) TERRITORIES AND POSSESSIONS—In
awarding grants under this section,
the Secretary shall ensure that for
HDFK ¿VFDO \HDU $PHULFDQ 6DPRD
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
WKDW¿VFDO\HDU
N &HUWL¿FDWLRQ²Each 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6WDWHUHVSRQVLELOLWLHV
(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;

(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
NH\ UHVRXUFHV LGHQWL¿HG E\ WKH
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 encompassHV DQ HFRQRPLFDOO\ VLJQL¿FDQW
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.
L 2SSRUWXQLW\ WR DPHQG DSSOLFD
WLRQV²In 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
PDNLQJ¿QDODZDUGV
M0LQLPXPJUDQWDPRXQWV
(1) STATES—In awarding grants under this section, the Secretary shall
HQVXUHWKDWIRUHDFK¿VFDO\HDUH[cept as provided in paragraph (2), no
121

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

interstate levels. The Director shall
make the reports publicly available,
including by making them available
RQWKH,QWHUQHWZHEVLWHRIWKH2I¿FH
of Emergency Communications,
subject to any redactions that the
Director determines are necessary to
SURWHFW FODVVL¿HG RU RWKHU VHQVLWLYH
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.
Q5XOHRIFRQVWUXFWLRQ²Nothing 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.
R $XWKRUL]DWLRQ RI DSSURSULD
WLRQV—There are authorized to be
appropriated for grants under this
section—
  IRU ¿VFDO \HDU  VXFK VXPV
as may be necessary;
  IRU HDFK RI ¿VFDO \HDUV 
through 2012, $400,000,000; and
  IRU HDFK VXEVHTXHQW ¿VFDO \HDU
such sums as may be necessary.

(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.
P5HSRUWV
(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

†'H¿QLWLRQV
,QWKLVVXEFKDSWHUWKHIROORZLQJGH¿nitions shall apply:
(1) ADMINISTRATOR—The term “Administrator” means the Administrator
of the Federal Emergency Management Agency.
122

Selected Statutes > 6 U.S.C. § 601

(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,
DV WKDW WHUP LV GH¿QHG LQ VHFtion 1151 of title 18; and
  LY WKDW FHUWL¿HV WR WKH 6HFUHtary 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
HDFKWULEHVDWLV¿HVWKHUHTXLUHPHQWV
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—

(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) CRITICAL INFRASTRUCTURE SECTORS—
The term “critical infrastructure sectors” means the following sectors, in
both urban and rural areas:
(A) Agriculture and food.
 %%DQNLQJDQG¿QDQFH
(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;
123

Selected Statutes > 6 U.S.C. § 603

(14) TRIBAL GOVERNMENT—The term
“tribal government” means the government of an Indian tribe.

The term “metropolitan statistical
area” means a metropolitan statistical
DUHDDVGH¿QHGE\WKH2I¿FHRI0DQagement and Budget.
(9) NATIONAL SPECIAL SECURITY
EVENT—The term “National Special
Security Event” means a designated
event that, by virtue of its political,
HFRQRPLF VRFLDO RU UHOLJLRXV VLJQL¿cance, 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
VWDUWRIWKHUHOHYDQW¿VFDO\HDU
(11) POPULATION DENSITY—The term
“population density” means population
divided by land area in square miles.
(12) QUALIFIED INTELLIGENCE ANALYST—
7KH WHUP ³TXDOL¿HG LQWHOOLJHQFH DQDlyst” means an intelligence analyst (as
WKDWWHUPLVGH¿QHGLQVHFWLRQKM
of this title), including law enforcement personnel—
(A) who has successfully completed
WUDLQLQJ WR HQVXUH EDVHOLQH SUR¿ciency 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
EDVHOLQH SUR¿FLHQF\ LQ LQWHOOLJHQFH
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.

†+RPHODQGVHFXULW\JUDQW
SURJUDPV
D *UDQWV DXWKRUL]HG²The Secretary, through the Administrator, may
award grants under sections 604 and
605 of this title to State, local, and
tribal governments.
E3URJUDPVQRWDIIHFWHG²This part
shall not be construed to affect any of
the following Federal programs:
  )LUH¿JKWHU DQG RWKHU DVVLVWDQFH
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.”

124

Selected Statutes > 6 U.S.C. § 604

(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 GENERAL²)RU HDFK ¿Vcal 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-

(7) Grant programs other than those
administered by the Department.
F5HODWLRQVKLSWRRWKHUODZV
(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.
†8UEDQ$UHD6HFXULW\,QLWLDWLYH
D (VWDEOLVKPHQW²There 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.
E $VVHVVPHQW DQG GHVLJQDWLRQ RI
KLJKULVNXUEDQDUHDV
(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—)RU HDFK ¿Vcal 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).
125

Selected Statutes > 6 U.S.C. § 604

the high-risk urban area.
F$SSOLFDWLRQ
(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.

ropolitan division (as that
WHUPLVGH¿QHGE\WKH2I¿FH
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) ADDITIONAL JURISDICTIONS—
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
126

Selected Statutes > 6 U.S.C. § 604

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).
H $XWKRUL]DWLRQ RI DSSURSULD
WLRQV²There are authorized to be
appropriated for grants under this section—
   IRU ¿VFDO \HDU
2008;
   IRU ¿VFDO \HDU
2009;
   IRU ¿VFDO \HDU
2010;
   IRU ¿VFDO \HDU
2011;
   IRU ¿VFDO \HDU
2012; and
(6) such sums as are necessary for
¿VFDO\HDUDQGHDFK¿VFDO\HDU

(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, beIRUHPDNLQJ¿QDODZDUGV
G'LVWULEXWLRQRIDZDUGV
(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
WKDW EHQH¿W WKH KLJKULVN XUEDQ
area.
(B) FUNDS RETAINED—A State shall
provide each relevant high-risk
urban area with an accounting of
127

Selected Statutes > 6 U.S.C. § 605

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 DIS-

thereafter.
†6WDWH+RPHODQG6HFXULW\
*UDQW3URJUDP
D (VWDEOLVKPHQW²There 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.
E$SSOLFDWLRQ
(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.
F 'LVWULEXWLRQ WR ORFDO DQG WULEDO
JRYHUQPHQWV
(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

TRIBUTION 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

128

Selected Statutes > 6 U.S.C. § 605

2009;
(iii) 0.36 percent of the total
funds appropriated for grants
under this section and section
 RI WKLV WLWOH LQ ¿VFDO \HDU
2010;
(iv) 0.355 percent of the total
funds appropriated for grants
under this section and section
 RI WKLV WLWOH LQ ¿VFDO \HDU
2011; and
(v) 0.35 percent of the total
funds appropriated for grants
under this section and section
 RI WKLV WLWOH LQ ¿VFDO \HDU
 DQG LQ HDFK ¿VFDO \HDU
thereafter; and
  %IRUHDFK¿VFDO\HDU$PHULFDQ
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.
I $XWKRUL]DWLRQ RI DSSURSULD
WLRQV²There are authorized to be
appropriated for grants under this
section—
   IRU HDFK RI ¿VFDO
years 2008 through 2012; and
(2) such sums as are necessary for
¿VFDO\HDUDQGHDFK¿VFDO\HDU
thereafter.

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.
G0XOWLVWDWHDSSOLFDWLRQV
(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.
H0LQLPXPDOORFDWLRQ
(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
 RI WKLV WLWOH LQ ¿VFDO \HDU
2008;
(ii) 0.365 percent of the total
funds appropriated for grants
under this section and section
 RI WKLV WLWOH LQ ¿VFDO \HDU
129

Selected Statutes > 6 U.S.C. § 606

of which any part of a directly eligible
tribe is located of the approval of an
application by the tribe.
H3ULRULWL]DWLRQ²The 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.
I'LVWULEXWLRQRIDZDUGVWRGLUHFWO\
HOLJLEOH WULEHV²If 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.
J0LQLPXPDOORFDWLRQ
(1) IN GENERAL—In allocating funds
under this section, the AdministraWRUVKDOOHQVXUHWKDWIRUHDFK¿VFDO
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
VKDOOQRWDSSO\LQDQ\¿VFDO\HDULQ
which the Administrator—
(A) receives fewer than 5 applications under this section; or
(B) does not approve at least 2 applications under this section.
K7ULEDOOLDLVRQ²A 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
RI¿FLDOV FRQFHUQLQJ SUHYHQWLQJ SUHparing for, protecting against, and responding to acts of terrorism.
L(OLJLELOLW\IRURWKHUIXQGV²A directly eligible tribe that receives a grant

†*UDQWVWRGLUHFWO\HOLJLEOH
WULEHV
D,QJHQHUDO²Notwithstanding section 605(b) of this title, the Administrator may award grants to directly
eligible tribes under section 605 of this
title.
E 7ULEDO DSSOLFDWLRQV²A 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.
F&RQVLVWHQF\ZLWK6WDWHSODQV
(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.
G )LQDO DXWKRULW\²The AdminLVWUDWRU VKDOO KDYH ¿QDO DXWKRULW\ WR
approve any application of a directly
eligible tribe. The Administrator shall
notify each State within the boundaries
130

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

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
VWDI¿QJ ZLWK DSSURSULDWHO\ TXDOL¿HG SHUVRQQHO 6WDWH ORFDO DQG
regional fusion centers that comply with the guidelines established
under section 124h(i) of this title;
  + SD\LQJ VDODULHV DQG EHQH¿WV
for personnel, including individuals employed by the grant recipient on the date of the relevant
grant application, to serve as qualL¿HGLQWHOOLJHQFHDQDO\VWV
(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.

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.
M6WDWHREOLJDWLRQV
(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.
N5XOHRIFRQVWUXFWLRQ²Nothing in
this section shall be construed to affect
the authority of an Indian tribe that receives funds under this part.
†7HUURULVPSUHYHQWLRQ
D /DZ HQIRUFHPHQW WHUURULVP SUH
YHQWLRQSURJUDP
(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 preven131

Selected Statutes > 6 U.S.C. § 607

made disasters within the United
States;
(B) serve as a liaison between
State, local, and tribal law enforcement agencies and the Department;
  &FRRUGLQDWHZLWKWKH2I¿FHRI
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
RI¿FHUVDQG
(F) conduct, jointly with the Administrator, a study to determine
WKH HI¿FDF\ DQG IHDVLELOLW\ RI
establishing specialized law enforcement deployment teams to

(3) PARTICIPATION OF UNDERREPRESENTED
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.
E 2I¿FH IRU 6WDWH DQG /RFDO /DZ
(QIRUFHPHQW
(1) ESTABLISHMENT—There is established in the Policy Directorate of
WKH 'HSDUWPHQW DQ 2I¿FH IRU 6WDWH
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
6HFUHWDU\ VKDOO DVVLJQ WR WKH 2I¿FH
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-

132

Selected Statutes > 6 U.S.C. § 608

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 specL¿HGLQZULWLQJE\WKH$GPLQLVWUDtor; 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.
E 7\SHV RI WKUHDW²In assessing

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.
†3ULRULWL]DWLRQ
D ,Q JHQHUDO²In 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
UHVRXUFHV LGHQWL¿HG E\ WKH $Gministrator 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 Depart133

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
VWDI¿QJZLWKDSSURSULDWHO\TXDOL¿HG
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;
  SD\LQJ VDODULHV DQG EHQH¿WV
for personnel, including individuals employed by the grant recipient
on the date of the relevant grant
DSSOLFDWLRQ WR VHUYH DV TXDOL¿HG
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-

†8VHRIIXQGV
D3HUPLWWHGXVHV²The 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 NaWLRQDO/DERUDWRU\DVGH¿QHGLQVHFWLRQ
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;
134

Selected Statutes > 6 U.S.C. § 609

(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
XVHG IRU D VSHFL¿F W\SH SXUpose, or category of personnel,
or personnel-related, costs.
amounts
(B)
ANALYSTS—If
awarded to a grant recipient under section 604 or 605 of this
title are used for paying salary or
EHQH¿WVRIDTXDOL¿HGLQWHOOLJHQFH
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.

ing pilot), or the Law Enforcement
Terrorism Prevention Program; and
(14) any other appropriate activity,
as determined by the Administrator.
E/LPLWDWLRQVRQXVHRIIXQGV
(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
RURIWKLVWLWOHLQDQ\¿Vcal year may be used to pay for
personnel, including overtime
DQG EDFN¿OO FRVWV LQ VXSSRUW RI
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—
135

Selected Statutes > 6 U.S.C. § 609

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.
H )OH[LELOLW\ LQ XQVSHQW KRPHODQG
VHFXULW\ JUDQW IXQGV²Upon 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
IXQGVIURPXVHVVSHFL¿HGLQWKHJUDQW
agreement to other uses authorized
under this section, if the Administrator
determines that such transfer is in the
interests of homeland security.
I (TXLSPHQW VWDQGDUGV²If 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.

(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—
    , VSHFL¿FDOO\ DSSURYHG E\
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.
F 0XOWLSOHSXUSRVH IXQGV²Nothing 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.
G5HLPEXUVHPHQWRIFRVWV
(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
136

Selected Statutes > 6 U.S.C. § 611

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 represenWDWLYHVRIVLJQL¿FDQWVWDNHKROGHUV
including—
(i) local and tribal government
RI¿FLDOVDQG
(ii) emergency response providers, which shall include repUHVHQWDWLYHVRIWKH¿UHVHUYLFH
law enforcement, emergency
medical response, and emergency managers.
(B) GEOGRAPHIC REPRESENTATION—
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.
F,QWHUDJHQF\FRRUGLQDWLRQ
(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

†$GPLQLVWUDWLRQDQG
FRRUGLQDWLRQ
D 5HJLRQDO FRRUGLQDWLRQ²The 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.
E3ODQQLQJFRPPLWWHHV
(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

137

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 CompWUROOHU*HQHUDODQGDQ\RI¿FHURU
employee of the Government AcFRXQWDELOLW\ 2I¿FH ZLWK IXOO DFcess 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.
G6HQVHRI&RQJUHVV²It 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 allKD]DUGVSUHSDUHGQHVVDVUHÀHFWHGLQ
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
138

Selected Statutes > 6 U.S.C. § 612

risk urban area receiving a grant
administered by the Department, a
SURJUDPPDWLF DQG ¿QDQFLDO UHYLHZ
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—
  L  IRU HDFK RI ¿VFDO
years 2008, 2009, and 2010; and
(ii) such sums as are necessary for
¿VFDO \HDU  DQG HDFK ¿VFDO
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

achieved nationwide.
†$FFRXQWDELOLW\
D$XGLWVRIJUDQWSURJUDPV
(1) COMPLIANCE REQUIREMENTS—
(A) AUDIT REQUIREMENT—Each
recipient of a grant administered
by the Department that expends
not less than $500,000 in FedHUDO IXQGV GXULQJ LWV ¿VFDO \HDU
shall submit to the Administrator
a copy of the organization-wide
¿QDQFLDODQGFRPSOLDQFHDXGLWUHport 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 CompWUROOHU *HQHUDO DQG DQ\ RI¿FHU
or employee of the Government
$FFRXQWDELOLW\ 2I¿FH ZLWK IXOO
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
WKDW DUH VXVFHSWLEOH WR VLJQL¿cant 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 high139

Selected Statutes > 6 U.S.C. § 612

targeted funds.
(6) REMEDIES FOR NONCOMPLIANCE—
(A) IN GENERAL—If, as a result
of a review or audit under this
subsection or otherwise, the AdPLQLVWUDWRU ¿QGV WKDW D UHFLSLHQW
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.
E5HSRUWVE\JUDQWUHFLSLHQWV
(1) QUARTERLY REPORTS ON HOMELAND
SECURITY SPENDING—

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 $1,000,000, if
WKH$GPLQLVWUDWRU¿QGVWKDW²
   $D¿QDQFLDODXGLWKDVLGHQWL¿HG
improper payments that can be recouped; and
(B) it is cost effective to conduct
a recovery audit to recapture the
140

Selected Statutes > 6 U.S.C. § 612

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
¿VFDO\HDUDQG
(iv) how the funds were used
by each recipient or subgrantee
GXULQJWKDW¿VFDO\HDU
(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.
F5HSRUWVE\WKH$GPLQLVWUDWRU
(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—)RU HDFK ¿VFDO
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 methodRORJLHVIURPWKHSUHYLRXV¿VFDO
year, including changes in vari-

(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 FedHUDO ¿VFDO TXDUWHU VXEPLW WR WKH
Administrator a report on activities performed using grant funds
GXULQJWKDW¿VFDOTXDUWHU
(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
¿VFDO\HDUVKDOOLQFOXGH²
(i) the amount and date of receipt of all funds received unGHUWKHJUDQWGXULQJWKDW¿VFDO
year;
(ii) the identity of, and amount
provided to, any subgrantee
IRUWKDWJUDQWGXULQJWKDW¿VFDO
year;
(iii) the amount and the dates of
disbursements of all such funds
141

Selected Statutes > 6 U.S.C. §§ 612, 613

(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;
  % LGHQWL¿FDWLRQ RI WKH LWHPV
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
  & LGHQWL¿FDWLRQ RI WKH LWHPV
of data from the list described
in subparagraph (A) that are not
necessary to be collected in order
for the Administrator to effectiveO\ DQG HI¿FLHQWO\ DGPLQLVWHU WKH
programs under which covered
grants are awarded;
  DSODQLQFOXGLQJDVSHFL¿FWLPHtable, for eliminating any redundant
and unnecessary reporting requirePHQWV LGHQWL¿HG XQGHU SDUDJUDSK
(1); and
  DSODQLQFOXGLQJDVSHFL¿FWLPHtable, for promptly developing a set
RI TXDQWL¿DEOH SHUIRUPDQFH PHDsures and metrics to assess the effectiveness of the programs under
which covered grants are awarded.
F%LHQQLDOUHSRUWV²Not 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

ables considered, weighting of
those variables, and computational methods.
(B) CLASSIFIED ANNEX—The information required under subparagraph (A) shall be provided in
XQFODVVL¿HG IRUP WR WKH JUHDWHVW
extent possible, and may include
DFODVVL¿HGDQQH[LIQHFHVVDU\
(C) DEADLINE—)RU HDFK ¿VFDO
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
HQGRIHDFK¿VFDO\HDUWKH$GPLQistrator shall submit to the appropriate committees of Congress a report
setting forth the amount of funding
SURYLGHG GXULQJ WKDW ¿VFDO \HDU WR
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.
†,GHQWL¿FDWLRQRIUHSRUWLQJ
UHGXQGDQFLHVDQGGHYHORSPHQW
RISHUIRUPDQFHPHWULFV
D 'H¿QLWLRQ—In this section, the
term “covered grants” means grants
awarded under section 604 of this title,
grants awarded under section 605 of
WKLVWLWOHDQGDQ\RWKHUJUDQWVVSHFL¿HG
by the Administrator.
E ,QLWLDO UHSRUW²Not later than 90
days after October 12, 2010, the Administrator shall submit to the appropriate committees of Congress a report
that includes—

142

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
TXDQWL¿DEOH SHUIRUPDQFH PHDVXUHV
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
EHHQ PHW EDVHG RQ WKH TXDQWL¿able performance measures and
metrics required under this section, section 612(a)(4)1 of this title,
and section 749 of this title;
(C) recommendations for any proJUDP PRGL¿FDWLRQV WR LPSURYH
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.
G *UDQWV SURJUDP PHDVXUHPHQW
VWXG\[Requiring report during FY12]
†'H¿QLWLRQV
In this title—1
(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;
1. This section has been redesignated as 614(a)(3).

143

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 of¿FHU´ PHDQV D )HGHUDO FRRUGLQDWLQJ
RI¿FHUDVGHVFULEHGLQVHFWLRQRI
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
HQDEOH HIIHFWLYH HI¿FLHQW DQG FROODEorative 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, mediFDO FDUH HYDFXDWLRQ FDSDFLW\ VWDI¿QJ
(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.
†6XUJH&DSDFLW\)RUFH
D(VWDEOLVKPHQW
(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.
E(PSOR\HHVGHVLJQDWHGWRVHUYH
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
144

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

Capacity Force.
F&DSDELOLWLHV
The plan shall ensure that the Surge
Capacity Force—
  LQFOXGHV D VXI¿FLHQW QXPEHU RI
individuals credentialed in accordance with section 320 of this title
that are capable of deploying rapidO\DQGHI¿FLHQWO\DIWHUDFWLYDWLRQWR
prepare for, respond to, and recover
from natural disasters, acts of terrorism, and other man-made disasters,
including catastrophic incidents;
and
  LQFOXGHV D VXI¿FLHQW QXPEHU RI
full-time, highly trained individuals credentialed in accordance with
section 320 of this title to lead and
manage the Surge Capacity Force.
G7UDLQLQJ
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.
H 1R LPSDFW RQ DJHQF\ SHUVRQQHO
FHLOLQJ
Surge Capacity Force members shall
not be counted against any personnel
ceiling applicable to the Federal Emergency Management Agency.
I([SHQVHV
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.

J ,PPHGLDWH LPSOHPHQWDWLRQ RI
6XUJH&DSDFLW\)RUFHLQYROYLQJ)HG
HUDOHPSOR\HHV
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.
†(YDFXDWLRQSUHSDUHGQHVV
WHFKQLFDODVVLVWDQFH
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.
†8UEDQ6HDUFKDQG5HVFXH
5HVSRQVH6\VWHP
D,QJHQHUDO
There is in the Agency a system known
as the Urban Search and Rescue Response System.
(b) [$XWKRUL]DWLRQRIDSSURSULDWLRQV]
†0HWURSROLWDQ0HGLFDO
5HVSRQVH*UDQW3URJUDP
D,QJHQHUDO
There is a Metropolitan Medical Response Program.

145

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

E3XUSRVHV
The program shall include each purpose of the program as it existed on
June 1, 2006.
(c) [$XWKRUL]DWLRQRIDSSURSULDWLRQV]

WUDLQLQJ LQ OLIH VXSSRUWLQJ ¿UVW DLG WR
children.
†,PSURYHPHQWVWRLQIRUPDWLRQ
WHFKQRORJ\V\VWHPV
D 0HDVXUHV WR LPSURYH LQIRUPD
WLRQWHFKQRORJ\V\VWHPV
The Administrator, in coordination
ZLWK WKH &KLHI ,QIRUPDWLRQ 2I¿FHU RI
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
RI¿FHV RI WKH $JHQF\ LQ D WLPHO\
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

†/RJLVWLFV
The Administrator shall develop an
HI¿FLHQW WUDQVSDUHQW DQG ÀH[LEOH ORgistics 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.
†3UHSRVLWLRQHGHTXLSPHQW
SURJUDP
D,QJHQHUDO
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.
E1RWLFH
The Administrator shall notify State,
ORFDODQGWULEDORI¿FLDOVLQDQDUHDLQ
which a location for the prepositioned
equipment program will be closed not
later than 60 days before the date of
such closure.
†%DVLFOLIHVXSSRUWLQJ¿UVWDLG
DQGHGXFDWLRQ
The Administrator shall enter into
agreements with organizations to provide funds to emergency response
providers to provide education and
146

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

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
DJHQF\ RI D VSHFL¿HG WDVN DQG VHWWLQJ
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.

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]
†'LVFORVXUHRIFHUWDLQLQIRUPD
WLRQWRODZHQIRUFHPHQWDJHQFLHV
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
FRPSOLDQFHZLWKVH[RIIHQGHUQRWL¿FDtion laws.
†'H¿QLWLRQV
In this part:
(1) CAPABILITY—The term “capability”
means the ability to provide the means
to accomplish one or more tasks under
VSHFL¿FFRQGLWLRQVDQGWRVSHFL¿FSHUformance 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
147

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

(12) RESOURCES—The term “resources”
has the meaning given that term in section 311 of this title.
(13) TYPE—The term “type” means a
FODVVL¿FDWLRQRIUHVRXUFHVWKDWUHIHUVWR
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.

†(VWDEOLVKPHQWRIQDWLRQDO
SUHSDUHGQHVVV\VWHP
D(VWDEOLVKPHQW
The President, acting through the Administrator, shall develop a national
preparedness system to enable the Nation to meet the national preparedness
goal.
E&RPSRQHQWV
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.
F1DWLRQDOSODQQLQJVFHQDULRV
The national preparedness system may
include national planning scenarios.

†1DWLRQDOSUHSDUHGQHVV
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.
†1DWLRQDOSUHSDUHGQHVVJRDO
D(VWDEOLVKPHQW
The President, acting through the Administrator, shall complete, revise,
and update, as necessary, a national
SUHSDUHGQHVVJRDOWKDWGH¿QHVWKHWDUget 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.
E 1DWLRQDO ,QFLGHQW 0DQDJHPHQW
6\VWHPDQG1DWLRQDO5HVSRQVH3ODQ
The national preparedness goal, to the
greatest extent practicable, shall be
consistent with the National Incident
Management System and the National
Response Plan.

†1DWLRQDOSODQQLQJVFHQDULRV
D,QJHQHUDO
The Administrator, in coordination
with the heads of appropriate Federal
agencies and the National Advisory
Council, may develop planning sceQDULRV WR UHÀHFW WKH UHODWLYH ULVN UHquirements presented by all hazards,
including natural disasters, acts of terrorism, and other man-made disasters,
in order to provide the foundation for
WKHÀH[LEOHDQGDGDSWLYHGHYHORSPHQW
RIWDUJHWFDSDELOLWLHVDQGWKHLGHQWL¿FDtion of target capability levels to meet
the national preparedness goal.
148

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

the threats of terrorism against the
United States.
H3UHSDUHGQHVVSULRULWLHV
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.
I0XWXDODLGDJUHHPHQWV
The Administrator may provide support for the development of mutual aid
agreements within States.

E'HYHORSPHQW
In developing, revising, and replacing national planning scenarios, the
Administrator shall ensure that the
scenarios—
  UHÀHFW WKH UHODWLYH ULVN RI DOO
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
WRLGHQWLI\DQGGH¿QHWKHWDVNVDQG
target capabilities required to respond to all hazards.
†7DUJHWFDSDELOLWLHVDQG
SUHSDUHGQHVVSULRULWLHV

†(TXLSPHQWDQGWUDLQLQJ
VWDQGDUGV

(a) [Requiring guidelines on target caSDELOLWLHVQRPRUHWKDQGD\VDIWHU
October 4, 2006]
E'LVWULEXWLRQRIJXLGHOLQHV
The Administrator shall ensure that
the guidelines are provided promptly
to the appropriate committees of Congress and the States.
F2EMHFWLYHV
The Administrator shall ensure that the
JXLGHOLQHV DUH VSHFL¿F ÀH[LEOH DQG
measurable.
G7HUURULVPULVNDVVHVVPHQW
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 IntelliJHQFH2I¿FHURIWKH'HSDUWPHQWRI

D(TXLSPHQWVWDQGDUGV
(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

149

Selected Statutes > 6 U.S.C. § 748

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.
E1DWLRQDOH[HUFLVHSURJUDP
(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-

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, interFKDQJHDELOLW\GXUDELOLW\ÀH[LELOLW\HI¿FLHQF\HI¿FDF\SRUWDELOLW\
sustainability, and safety.
E7UDLQLQJVWDQGDUGV
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.
F &RQVXOWDWLRQ ZLWK VWDQGDUGV RU
JDQL]DWLRQV
In carrying out this section, the Administrator shall consult with representatives of relevant public and private
sector national voluntary consensus
standards development organizations.
†7UDLQLQJDQGH[HUFLVHV
D1DWLRQDOWUDLQLQJSURJUDP
(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 develop150

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

actual catastrophic acts of terrorism, especially those involving
weapons of mass destruction.
(B) To test and evaluate the readiness of Federal, State, local, and
tribal governments to respond and
recover in a coordinated and uni¿HG PDQQHU WR FDWDVWURSKLF LQFLdents.

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

†&RPSUHKHQVLYHDVVHVVPHQW
V\VWHP
D(VWDEOLVKPHQW
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.
E 3HUIRUPDQFH PHWULFV DQG PHD
VXUHV
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
DQG TXDQWL¿DEOH SHUIRUPDQFH PHWULFV
measures, and outcomes.
F&RQWHQWV
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 capabilLW\ OHYHOV GH¿QHG SXUVXDQW WR WKH

151

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

guidelines established under section
746(a) of this title;
(3) resource needs to meet the deVLUHGWDUJHWFDSDELOLW\OHYHOVGH¿QHG
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.
F'HSDUWPHQWRI'HIHQVH
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.
G'DWDEDVH
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;
  HDV\ LGHQWL¿FDWLRQ DQG UDSLG
deployment of capabilities, creden-

†5HPHGLDODFWLRQ
PDQDJHPHQWSURJUDP
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.
†)HGHUDOUHVSRQVHFDSDELOLW\
LQYHQWRU\
D,QJHQHUDO
In
accordance
with
section
5196(h)(1)(C) of title 42, the Administrator shall accelerate the completion
of the inventory of Federal response
capabilities.
E&RQWHQWV
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;
152

Selected Statutes > 6 U.S.C. § 752

of Federal assistance during the
SUHFHGLQJ ¿VFDO \HDU DFKLHYHG
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
   LL LV VXI¿FLHQW WR UHVSRQG WR
a natural disaster, act of terrorism, or other man-made disaster, including a catastrophic
incident.
E&DWDVWURSKLFUHVRXUFHUHSRUW
(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
VSHFL¿FDOO\WRGHYHORSLQJWKHFDSDbilities of Federal, State, local, and
tribal governments necessary to respond to a catastrophic incident.
(2) CONTENTS—Each estimate under paragraph (1) shall include the

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.
†5HSRUWLQJUHTXLUHPHQWV
D)HGHUDOSUHSDUHGQHVVUHSRUW
(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
153

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

(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 identi¿HGLQWKHDSSOLFDEOH6WDWHKRPHland 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
SUHFHGLQJ ¿VFDO \HDU DFKLHYHG
the preparedness priorities.

resources both necessary for and
devoted to—
(A) planning;
(B) training and exercises;
  & 5HJLRQDO 2I¿FH HQKDQFHments;
  ' VWDI¿QJ LQFOXGLQJ IRU VXUJH
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
  +FRYHULQJLQFUHDVHVLQWKH¿[HG
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.
F6WDWHSUHSDUHGQHVVUHSRUW
(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;

†)HGHUDOSUHSDUHGQHVV
D$JHQF\UHVSRQVLELOLW\
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;
  & VXI¿FLHQW SK\VLFDO UHVRXUFHV
and
(D) the command, control, and
communication channels to make,
monitor, and communicate decisions;
(2) complies with the National Inci154

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
  UHJXODUO\ XSGDWHV YHUL¿HV WKH
accuracy of, and provides to the Administrator the information in the inventory required under section 751
of this title.
E2SHUDWLRQDOSODQV
An operations plan developed under
subsection (a)(4) shall meet the following requirements:
(1) The operations plan shall be
FRRUGLQDWHG XQGHU D XQL¿HG V\VWHP
with a common terminology, approach, and framework.
(2) The operations plan shall be developed, in coordination with State,
ORFDO DQG WULEDO JRYHUQPHQW RI¿cials, 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.
  ' 6SHFL¿F SURYLVLRQV IRU WKH
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 EnIRUFHPHQW2I¿FLDOZLWKUHVSHFWWR
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
155

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

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.
  . 7KH LGHQWL¿FDWLRQ RI WKH UHquired surge capacity.
  / 6SHFL¿F SURYLVLRQV IRU WKH
recovery of affected geographic
areas.
F0LVVLRQDVVLJQPHQWV
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.
G&HUWL¿FDWLRQ
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).

H&RQVWUXFWLRQ
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.
†8VHRIH[LVWLQJUHVRXUFHV
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.
†(PHUJHQF\0DQDJHPHQW
$VVLVWDQFH&RPSDFWJUDQWV
D,QJHQHUDO
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).
E8VHV
A grant under this section shall be
used—
(1) to carry out recommendations
LGHQWL¿HG LQ WKH (PHUJHQF\ 0DQagement 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

156

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.
F&RRUGLQDWLRQ
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) [$XWKRUL]DWLRQ]

lief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
F)HGHUDOVKDUH
([FHSW DV RWKHUZLVH VSHFL¿FDOO\ SURvided 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.
G$SSRUWLRQPHQW
)RU ¿VFDO \HDU  DQG HDFK ¿VFDO
year thereafter, the Administrator shall
apportion the amounts appropriated to
carry out the program among the States
as follows:
(1) BASELINE AMOUNT—The AdminLVWUDWRU VKDOO ¿UVW DSSRUWLRQ 
percent of such amounts to each of
American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands
and 0.75 percent of such amounts to
each of the remaining States.
(2) REMAINDER—The Administrator shall apportion the remainder of
such amounts in the ratio that—
(A) the population of each State;
bears to
(B) the population of all States.
H&RQVLVWHQF\LQDOORFDWLRQ
Notwithstanding subsection (d), in any
¿VFDO \HDU EHIRUH ¿VFDO \HDU  LQ
which the appropriation for grants under this section is equal to or greater
than the appropriation for emergency
PDQDJHPHQWSHUIRUPDQFHJUDQWVLQ¿Vcal year 2007, no State shall receive an
DPRXQWXQGHUWKLVVHFWLRQIRUWKDW¿Vcal year less than the amount that State
UHFHLYHGLQ¿VFDO\HDU
(f) [$XWKRUL]DWLRQRIDSSURSULDWLRQV]

†(PHUJHQF\PDQDJHPHQW
SHUIRUPDQFHJUDQWVSURJUDP
D'H¿QLWLRQV
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).
E,QJHQHUDO
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 Re157

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

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 govHUQPHQW RI¿FLDOV LQFOXGLQJ WKURXJK
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.
E&RQWHQWV
The National Disaster Recovery Strategy shall—
  RXWOLQH WKH PRVW HI¿FLHQW DQG
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;
 FOHDUO\GH¿QHWKHUROHSURJUDPV
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-

†7UDQVIHURI1REOH7UDLQLQJ
&HQWHU
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.
†1DWLRQDOH[HUFLVHVLPXODWLRQ
FHQWHU
The President shall establish a national
exercise simulation center that—
(1) uses a mix of live, virtual, and
constructive simulations to—
  $ SUHSDUH HOHFWHG RI¿FLDOV
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.
†1DWLRQDO'LVDVWHU5HFRYHU\
6WUDWHJ\
D,QJHQHUDO
The Administrator, in coordination
with the Secretary of Housing and
Urban Development, the Administra-

158

Selected Statutes > 6 U.S.C. § 772

ties under the National Disaster
Recovery Strategy will be shared;
and
(C) addressing other matters concerning the cooperative effort to
provide recovery assistance.
F5HSRUW
(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).

E&RQWHQWV
The National Disaster Housing Strategy shall—
 RXWOLQHWKHPRVWHI¿FLHQWDQGFRVW
effective Federal programs that will
best meet the short-term and longterm housing needs of individuals
and households affected by a major
disaster;
 FOHDUO\GH¿QHWKHUROHSURJUDPV
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

†1DWLRQDO'LVDVWHU+RXVLQJ
6WUDWHJ\
D,QJHQHUDO
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.
159

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

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
WKDW D VXI¿FLHQW QXPEHU RI KRXVLQJ
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.
F*XLGDQFH
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.

G5HSRUW
(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).
†,QGLYLGXDOVZLWKGLVDELOLWLHV
JXLGHOLQHV
[Requiring creation of guidelines to
DFFRPPRGDWHLQGLYLGXDOVZLWKGLVDELOities within 90 days of October 4, 2006
during disaster response and recovery.]
†5HXQL¿FDWLRQ
D'H¿QLWLRQV
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
160

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

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;
  ' DVVLVW LQ WKH UHXQL¿FDWLRQ RI
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

“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.
E1DWLRQDO(PHUJHQF\&KLOG/RFD
WRU&HQWHU
(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
LGHQWL¿FDWLRQ DQG UHXQL¿FDWLRQ RI
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 lo161

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

Family Registry and Locator
6\VWHP DV GH¿QHG XQGHU VHFtion 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.
F2PLWWHG
(d) [Report]

(2) ensure that information submitted under paragraph (1) is accessible
to those individuals named by a displaced individual and to those law
HQIRUFHPHQWRI¿FLDOV
(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) [3XEOLFDWLRQRILQIRUPDWLRQ]
(e) [Coordination]
(f) [Report]

†1DWLRQDO(PHUJHQF\)DPLO\
5HJLVWU\DQG/RFDWRU6\VWHP

†,QGLYLGXDOVDQGKRXVHKROGV
SLORWSURJUDP

D'H¿QLWLRQV
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) [(VWDEOLVKPHQW]
F2SHUDWLRQRI6\VWHP
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);

[(VWDEOLVKLQJ SLORW SURJUDP WKURXJK
'HFHPEHU]
†3XEOLFDVVLVWDQFHSLORW
SURJUDP
[(VWDEOLVKLQJ SLORW SURJUDP WKURXJK
'HFHPEHU]
†$GYDQFHFRQWUDFWLQJ
(a) [Initial report]
E(QWHULQJLQWRFRQWUDFWV
(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
VHUYLFHVLGHQWL¿HGXQGHUVXEVHFWLRQ
(a)(1)(A), and in accordance with
WKH FRQWUDFWLQJ VWUDWHJ\ LGHQWL¿HG
in subsection (a)(1)(C). Any conWUDFWIRUJRRGVRUVHUYLFHVLGHQWL¿HG
in subsection (a)(1)(A) previously
awarded may be maintained in ful¿OOLQJWKLVUHTXLUHPHQW

162

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

(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.
F0DLQWHQDQFHRIFRQWUDFWV
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).
G 5HSRUW RQ FRQWUDFWV QRW XVLQJ
FRPSHWLWLYHSURFHGXUHV
$WWKHHQGRIHDFK¿VFDOTXDUWHUEHJLQQLQJZLWKWKH¿UVW¿VFDOTXDUWHURFFXUring 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.

†/LPLWDWLRQVRQWLHULQJRI
VXEFRQWUDFWRUV
D5HJXODWLRQV
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.
E6SHFL¿FUHTXLUHPHQW
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
QRW LQFOXGLQJ RYHUKHDG DQG SUR¿W
unless the Secretary determines that
such requirement is not feasible or
practicable.
F&RYHUHGFRQWUDFWV
This section applies to any cost-reimbursement type contract or task or
delivery order in an amount greater
WKDQWKHVLPSOL¿HGDFTXLVLWLRQWKUHVKROGDVGH¿QHGE\VHFWLRQRIWLWOH
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.
†2YHUVLJKWDQGDFFRXQWDELOLW\
RI)HGHUDOGLVDVWHUH[SHQGLWXUHV
D $XWKRULW\ RI $GPLQLVWUDWRU
WR GHVLJQDWH IXQGV IRU RYHUVLJKW
DFWLYLWLHV
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

163

Selected Statutes > 6 U.S.C. § 793

assignment process. Such funds shall
remain available until expended.
E8VHRIIXQGV
(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.
  %(QVXULQJWKDWVXI¿FLHQWPDQagement 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).
F5HVWULFWLRQRQXVHRIIXQGV
Oversight funds may not be used to
¿QDQFH H[LVWLQJ DJHQF\ RYHUVLJKW UHsponsibilities related to direct agency
appropriations used for disaster response, relief, and recovery activities.
G0HWKRGVRIRYHUVLJKWDFWLYLWLHV
(1) IN GENERAL—Oversight activities may be carried out by an agency
under this section either directly or
by contract. Such activities may inFOXGH HYDOXDWLRQV DQG ¿QDQFLDO DQG
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.
H'HYHORSPHQWRIRYHUVLJKWSODQV
(1) IN GENERAL—If an agency reFHLYHV RYHUVLJKW IXQGV IRU D ¿VFDO
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
¿VFDO\HDU
(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.
I )HGHUDO GLVDVWHU DVVLVWDQFH DF
FRXQWDELOLW\UHSRUWV
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.
J'H¿QLWLRQ
In this section, the term “oversight
funds” means funds referred to in subsection (a) that are designated for use
in performing oversight activities.

164

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

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.
E$XGLWVDQGUHYLHZVUHTXLUHG
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.

† /LPLWDWLRQ RQ OHQJWK RI
FHUWDLQQRQFRPSHWLWLYHFRQWUDFWV
D5HJXODWLRQV
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.
E6SHFL¿FFRQWUDFWSHULRG
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.
F&RYHUHGFRQWUDFWV
This section applies to any contract in
DQ DPRXQW JUHDWHU WKDQ WKH VLPSOL¿HG
DFTXLVLWLRQ WKUHVKROG DV GH¿QHG E\
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.

†5HJLVWU\RIGLVDVWHUUHVSRQVH
FRQWUDFWRUV
D'H¿QLWLRQV
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

†)UDXGZDVWHDQGDEXVH
FRQWUROV
D,QJHQHUDO
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.”

165

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

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.

those terms under the Small Business Act (15 U.S.C. 631 et seq.).
E5HJLVWU\
(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

†)UDXGSUHYHQWLRQWUDLQLQJ
SURJUDP
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.
†$XWKRUL]DWLRQRI
DSSURSULDWLRQV
[(VWDEOLVKLQJDSSURSULDWLRQVIRUPXOD]

166

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

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
&RQVRUWLXPLQ¿VFDO\HDU²
(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.

†1DWLRQDO'RPHVWLF
3UHSDUHGQHVV&RQVRUWLXP
D,QJHQHUDO
The Secretary is authorized to establish, operate, and maintain a National
Domestic Preparedness Consortium
within the Department.
E0HPEHUV
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.
F'XWLHV
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) [$XWKRUL]DWLRQRIDSSURSULDWLRQV]
H6DYLQJVSURYLVLRQ

Executive Order 12148
86&§ 5195 NOTE
EX. ORD. NO. 12148. FEDERAL EMERGENCY
MANAGEMENT
([2UG1R-XO\)5
DVDPHQGHGE\([2UG1R
Sept. 10, 1979, 44 F.R. 53071; Ex. Ord.
No. 12156, Sept. 10, 1979, 44 F.R. 53073;
([ 2UG 1R  6HSW   
F.R. 39795; Ex. Ord. No. 12673, Mar. 23,
  )5  ([ 2UG 1R 
†D -XQH    )5 
([2UG1R†)HE
)5SURYLGHG
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.),
167

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:

SHUIRUPHGE\WKH2I¿FHRI6FLHQFHDQG
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.
 ±7KH'LUHFWRURIWKH2I¿FHRI
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.
6HF0DQDJHPHQWRI(PHUJHQF\
3ODQQLQJDQG$VVLVWDQFH
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
HI¿FLHQF\DQGHIIHFWLYHQHVVRIWKRVH
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.

6HFWLRQ7UDQVIHUVRU5HDVVLJQPHQWV
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
168

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
E\6HFWLRQRIWKLV2UGHUDUHUHFRGL¿HG
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,
UHYLVLRQVFRGL¿FDWLRQVDQGDPHQGments 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.
6HF)HGHUDO(PHUJHQF\0DQDJHPHQW
&RXQFLO
[Revoked by Ex. Ord. No. 12919,
†D-XQH)5.]
6HF'HOHJDWLRQV
4–1. DELEGATION OF FUNCTIONS TRANSFERRED TO THE PRESIDENT.

169

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
'LUHFWRURIWKH2I¿FHRI'HIHQVH
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
'LUHFWRURIWKH2I¿FHRI3HUVRQQHO
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 DirecWRURIWKH2I¿FHRI&LYLODQG'HIHQVH
Mobilization by Section 512 of Public
Law 86–500 (50 U.S.C. App. 2285) [the
RI¿FHZDVFKDQJHGWR2I¿FHRI(PHUgency Planning by Public Law 87–296
6WDWDQGWKHQWRWKH2I¿FHRI
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
'LUHFWRURIWKH2I¿FHRI(PHUJHQF\
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
'LUHFWRURIWKH2I¿FHRI(PHUJHQF\
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

170

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
WRIRRGFRXSRQV>EHQH¿WV@DQGGLVWULbution) [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.
6HF2WKHU([HFXWLYH2UGHUV
[5–1. Revocations.]
[5–2. $PHQGPHQWV.]
Sec. 6.
This Order is effective July 15, 1979.

171

$GGLWLRQDO)(0$$XWKRULWLHV
Name/Title

Location

Acts
Defense Production Act of 1950

$SS86&†HWVHT

Earthquake Hazards Reduction Act of 1977

86&†HWVHT

Fire Prevention and Control Act of 1974

86&†HWVHT
86&†D

McKinney-Vento Homeless Assistance Act (Title III)

86&†HWVHT

National Capital Region Mutual Aid

86&†QRWH

National Dam Safety Program Act

86&†HWVHT

National Emergencies Act

86&†HWVHT

National Flood Insurance Act of 1968

86&†HWVHT

National Security Act of 1947

86&††

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

1$

Warning, Alert, and Response Network Act

86&†HWVHT

6SHFL¿F6WDWXWHV
Comprehensive emergency response plans

86&†

Destruction of existing stockpile of lethal chemical
agents and munitions

86&†

Emergency response to natural disasters

86&†Q

Planning and training grants, monitoring, and review

86&†

Response authorities [CERCLA]

86&†

Training curriculum for the public sector

86&†

War powers of President

86&†

([HFXWLYH2UGHUV
Ex. Ord. No. 11,514. Protection and Enhancement of
Environmental Quality

86&†QRWH

Ex. Ord. No. 11,795. Delegation of Presidential
Functions

86&†QRWH

Ex. Ord. No. 11,988. Floodplain Management

86&†QRWH

Ex. Ord. No. 11,990. Protection of Wetlands

86&†QRWH

Ex. Ord. No. 12,127. Transfer of Functions to Federal
Emergency Management Agency

86&†QRWH

Ex. Ord. No. 12,148. Federal Emergency
Management

86&†QRWH

172

([HFXWLYH2UGHUVFRQWLQXHG
Ex. Ord. No. 12,472. Assignment of
National Security and Emergency Preparedness
Telecommunications Functions

86&†QRWH

Ex. Ord. No. 12,656. Assignment of Emergency
Preparedness Responsibilities

86&†QRWH

Ex. Ord. No. 12,657. Department of Homeland
Security Assistance in Emergency Preparedness
Planning at Commercial Nuclear Power Plants

86&†QRWH

Ex. Ord. No. 12,673. Delegation of Disaster Relief
and Emergency Assistance Functions

86&†QRWH

Ex. Ord. No. 12,699. Seismic Safety of Federal
and Federally Assisted or Regulated New Building
Construction.

86&†QRWH

Ex. Ord. No. 12,941. Seismic Safety of Existing
Federally Owned or Leased Buildings

86&†EQRWH

Ex. Ord. No. 13,010. Critical Infrastructure
Protection

86&†QRWH

Ex. Ord. No. 13,151. Global Disaster Information
Network

86&†QRWH

Ex. Ord. No. 13161. Establishment of the Presidential
0HGDORI9DORUIRU3XEOLF6DIHW\2I¿FHUV

86&†QRWH

Ex. Ord. No. 13,347. Individuals with Disabilities in
Emergency Preparedness

86&†QRWH

Ex. Ord. No. 13,407. Public Alert and Warning
System

86&†QRWH

Reorganization Plan No. 1 of 1958

86&†QRWH

Reorganization Plan No. 1 of 1973

86&†QRWH

Reorganization Plan No. 3 of 1978

86&†QRWH

173

174