42 U.s.c. 5131

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water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United
States which requires Federal emergency assistance to
supplement State and local efforts to save lives and
protect property, public health and safety or to avert
or lessen the threat of a disaster.’’
Par. (2). Pub. L. 100–707, § 103(c), inserted heading and
amended text generally. Prior to amendment, text read
as follows: ‘‘ ‘Major disaster’ means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or
other catastrophe in any part of the United States
which, in the determination of the President, causes
damage of sufficient severity and magnitude to warrant
major disaster assistance under this chapter, above and
beyond emergency services by the Federal Government,
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.’’
Pars. (3), (4). Pub. L. 100–707, § 103(d), struck out ‘‘the
Canal Zone,’’ after ‘‘American Samoa,’’.
Pars. (8), (9). Pub. L. 100–707, § 103(f), added pars. (8)
and (9).
EFFECTIVE DATE OF 2018 AMENDMENT
Pub. L. 115–254, div. D, § 1238(c), Oct. 5, 2018, 132 Stat.
3466, provided that: ‘‘The amendment made by subsection (b)(1) [amending this section] shall apply to any
major disaster or emergency declared by the President
under section 401 or 501, respectively, of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170, 5191) on or after the date of enactment
of this Act [Oct. 5, 2018].’’
Amendment by Pub. L. 115–254 applicable to each
major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided
under div. D of Pub. L. 115–254 applicable to each major
disaster and emergency declared by the President on or
after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.
Pub. L. 115–123, div. B, title VI, § 20604(c), Feb. 9, 2018,
132 Stat. 86, provided that: ‘‘This section [amending
this section and section 5172 of this title] and the
amendments made by this section shall apply—
‘‘(1) to the provision of assistance in response to a
major disaster or emergency declared on or after August 23, 2017; or
‘‘(2) with respect to—
‘‘(A) any application for assistance that, as of the
date of enactment of this Act [Feb. 9, 2018], is pending before Federal Emergency Management Agency; and
‘‘(B) any application for assistance that has been
denied, where a challenge to that denial is not yet
finally resolved as of the date of enactment of this
Act.’’
REGULATIONS
Pub. L. 113–2, div. B, § 1110(e), Jan. 29, 2013, 127 Stat.
49, provided 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.’’
LOCAL GOVERNMENT
Pub. L. 100–707, title I, § 103(e), Nov. 23, 1988, 102 Stat.
4690, provided that:
‘‘(1) IN GENERAL.—The term ‘local government’ is
deemed to have the same meaning in the Disaster Relief and Emergency Assistance Act [Pub. L. 93–288, see
Short Title note set out under section 5121 of this

§ 5131

title], as amended by this Act [see Short Title of 1988
Amendment note set out under section 5121 of this
title], as that term had on October 1, 1988, under section 102(6) of the Disaster Relief Act of 1974 [par. (6) of
this section] and regulations implementing the Disaster Relief Act of 1974.
‘‘(2) TERMINATION OF EFFECTIVENESS.—Paragraph (1)
shall not be effective on and after the 90th day after the
President transmits to the Committee on Public Works
and Transportation of the House of Representatives
and to the Committee on Environment and Public
Works of the Senate a report which includes an interpretation of the term ‘local government’ for purposes of
the Disaster Relief and Emergency Assistance Act, as
amended by this Act.’’
[Functions of President under section 103(e)(2) of Pub.
L. 100–707 delegated to Administrator of Federal Emergency Management Agency by section 3 of Ex. Ord. No.
12673, Mar. 23, 1989, 54 F.R. 12571, set out as a note under
section 5195 of this title.]
DEFINITIONS
Pub. L. 115–254, div. D, § 1203, Oct. 5, 2018, 132 Stat.
3438, provided that: ‘‘In this division [see Short Title of
2018 Amendment note set out under section 5121 of this
title]:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Federal Emergency
Management Agency.
‘‘(2) AGENCY.—The term ‘Agency’ means the Federal
Emergency Management Agency.
‘‘(3) STATE.—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).’’

§ 5123. References
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 is deemed to refer
also to Indian tribal governments and officials,
as appropriate.
(Pub. L. 93–288, title I, § 103, as added Pub. L.
113–2, div. B, § 1110(d), Jan. 29, 2013, 127 Stat. 49.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.

SUBCHAPTER
II—DISASTER
PREPAREDNESS AND MITIGATION ASSISTANCE
§ 5131. Federal and State disaster preparedness
programs
(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;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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 damaged or destroyed public and private facilities.
(c) Grants to States for development of plans and
programs
Upon application by a State, the President is
authorized to make grants, not to exceed in the
aggregate to such State $250,000, for the development of plans, programs, and capabilities for
disaster preparedness and prevention. Such
grants shall be applied for within one year from
May 22, 1974. Any State desiring financial assistance under this section shall designate or create
an agency to plan and administer such a disaster
preparedness program, and shall, through such
agency, submit a State plan to the President,
which shall—
(1) set forth a comprehensive and detailed
State program for preparation against and assistance following, emergencies and major disasters, including provisions for assistance to
individuals, businesses, and local governments; and
(2) include provisions for appointment and
training of appropriate staffs, formulation of
necessary regulations and procedures and conduct of required exercises.
(d) Grants for improvement, maintenance, and
updating of State plans
The President is authorized to make grants
not to exceed 50 per centum of the cost of improving, maintaining and updating State disaster assistance plans, including evaluations of
natural hazards and development of the programs and actions required to mitigate such
hazards; except that no such grant shall exceed
$50,000 per annum to any State.
(Pub. L. 93–288, title II, § 201, May 22, 1974, 88
Stat. 145; Pub. L. 100–707, title I, § 104, Nov. 23,
1988, 102 Stat. 4690.)
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–707, § 104(b)(1), struck
out ‘‘(including the Defense Civil Preparedness Agency)’’ after ‘‘agencies’’.
Subsec. (d). Pub. L. 100–707, § 104(a), (b)(2), inserted
‘‘including evaluations of natural hazards and development of the programs and actions required to mitigate
such hazards;’’ after ‘‘plans,’’ and substituted ‘‘$50,000’’
for ‘‘$25,000’’.

§ 5132. Disaster warnings
(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

Page 5940

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 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.
(Pub. L. 93–288, title II, § 202, May 22, 1974, 88
Stat. 145; Pub. L. 103–337, div. C, title XXXIV,
§ 3412(b)(1), Oct. 5, 1994, 108 Stat. 3111.)
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–337 substituted ‘‘section
5196(c) of this title’’ for ‘‘section 2281(c) of title 50, Appendix,’’.

§ 5133. Predisaster hazard mitigation
(a) Definition of small impoverished community
In this section, the term ‘‘small impoverished
community’’ means a community of 3,000 or
fewer individuals that is economically disadvantaged, as determined by the State in which the
community is located and based on criteria established by the President.
(b) Establishment of program
The President may establish a program to provide technical and financial assistance to States
and local governments to assist in the implementation of predisaster hazard mitigation
measures that are cost-effective and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the
jurisdiction of the States or local governments.
(c) Approval by President
If the President determines that a State or
local government has identified natural disaster
hazards in areas under its jurisdiction and has
demonstrated the ability to form effective public-private natural disaster hazard mitigation
partnerships, the President, using amounts in
the National Public Infrastructure Predisaster
Mitigation Fund established under subsection (i)
(referred to in this section as the ‘‘Fund’’), may
provide technical and financial assistance to the
State or local government to be used in accordance with subsection (e).
(d) State recommendations
(1) In general
(A) Recommendations
The Governor of each State may recommend to the President not fewer than five

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

local governments to receive assistance
under this section.
(B) Deadline for submission
The recommendations under subparagraph
(A) shall be submitted to the President not
later than October 1, 2001, and each October
1st thereafter or such later date in the year
as the President may establish.
(C) Criteria
In making recommendations under subparagraph (A), a Governor shall consider the
criteria specified in subsection (g).
(2) Use
(A) In general
Except as provided in subparagraph (B), in
providing assistance to local governments
under this section, the President shall select
from local governments recommended by the
Governors under this subsection.
(B) Extraordinary circumstances
In providing assistance to local governments under this section, the President may
select a local government that has not been
recommended by a Governor under this subsection if the President determines that extraordinary circumstances justify the selection and that making the selection will further the purpose of this section.
(3) Effect of failure to nominate
If a Governor of a State fails to submit recommendations under this subsection in a
timely manner, the President may select, subject to the criteria specified in subsection (g),
any local governments of the State to receive
assistance under this section.
(e) Uses of technical and financial assistance
(1) In general
Technical and financial assistance provided
under this section—
(A) shall be used by States and local governments
principally
to
implement
predisaster hazard mitigation measures that
are cost-effective and are described in proposals approved by the President under this
section; and
(B) may be used—
(i) to support effective public-private
natural disaster hazard mitigation partnerships;
(ii) to improve the assessment of a community’s vulnerability to natural hazards;
(iii) to establish hazard mitigation priorities, and an appropriate hazard mitigation plan, for a community; or
(iv) to establish and carry out enforcement activities and implement the latest
published editions of relevant consensusbased codes, specifications, and standards
that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for
assistance under this chapter for the purpose of protecting the health, safety, and
general welfare of the buildings’ users
against disasters.

§ 5133

(2) Dissemination
A State or local government may use not
more than 10 percent of the financial assistance received by the State or local government under this section for a fiscal year to
fund activities to disseminate information regarding cost-effective mitigation technologies.
(f) Allocation of funds
(1) In general
The President shall award financial assistance under this section on a competitive basis
for mitigation activities that are cost effective and in accordance with the criteria in
subsection (g).
(2) Minimum and maximum amounts
In providing financial assistance under this
section, the President shall ensure that the
amount of financial assistance made available
to a State (including amounts made available
to local governments of the State) for a fiscal
year—
(A) is not less than the lesser of—
(i) $575,000; or
(ii) the amount that is equal to 1 percent
of the total funds appropriated to carry
out this section for the fiscal year; and
(B) does not exceed the amount that is
equal to 15 percent of the total funds appropriated to carry out this section for the fiscal year.
(3) Redistribution of unobligated amounts
The President may—
(A) withdraw amounts of financial assistance made available to a State (including
amounts made available to local governments of a State) under this subsection that
remain unobligated by the end of the third
fiscal year after the fiscal year for which the
amounts were allocated; and
(B) in the fiscal year following a fiscal
year in which amounts were withdrawn
under subparagraph (A), add the amounts to
any other amounts available to be awarded
on a competitive basis pursuant to paragraph (1).
(g) Criteria for assistance awards
In determining whether to provide technical
and financial assistance to a State or local government under this section, the President shall
provide financial assistance only in States that
have received a major disaster declaration in
the previous 7 years, or to any Indian tribal government located partially or entirely within the
boundaries of such States, and take into account—
(1) the extent and nature of the hazards to be
mitigated;
(2) the degree of commitment of the State or
local government to reduce damages from future natural disasters;
(3) the degree of commitment by the State
or local government to support ongoing nonFederal 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 tech-

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nical 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 chapter;
(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, the extent to which the activities
identified under paragraph (6) are consistent
with the mitigation plan;
(8) the opportunity to fund activities that
maximize net benefits to society;
(9) the extent to which assistance will fund
mitigation activities in small impoverished
communities;
(10) the extent to which the State, local, Indian tribal, or territorial government has facilitated the adoption and enforcement of the
latest published editions of relevant consensus-based codes, specifications, and standards, including amendments made by State,
local, Indian tribal, or territorial governments
during the adoption process that incorporate
the latest hazard-resistant designs and establish criteria for the design, construction, and
maintenance of residential structures and facilities that may be eligible for assistance
under this chapter for the purpose of protecting the health, safety, and general welfare
of the buildings’ users against disasters;
(11) the extent to which the assistance will
fund activities that increase the level of resiliency; and
(12) such other criteria as the President establishes in consultation with State and local
governments.
(h) Federal share
(1) In general
Financial assistance provided under this section may contribute up to 75 percent of the
total cost of mitigation activities approved by
the President.
(2) Small impoverished communities
Notwithstanding paragraph (1), the President may contribute up to 90 percent of the
total cost of a mitigation activity carried out
in a small impoverished community.
(i) National public infrastructure predisaster
mitigation assistance
(1) In general
The President may set aside from the Disaster Relief Fund, with respect to each major
disaster, an amount equal to 6 percent of the
estimated aggregate amount of the grants to
be made pursuant to sections 5170b, 5172, 5173,
5174, 5177, 5183, and 5189f of this title for the
major disaster in order to provide technical
and financial assistance under this section and
such set aside shall be deemed to be related to
activities carried out pursuant to major disasters under this chapter.
(2) Estimated aggregate amount
Not later than 180 days after each major disaster declaration pursuant to this chapter, the

Page 5942

estimated aggregate amount of grants for purposes of paragraph (1) shall be determined by
the President and such estimated amount need
not be reduced, increased, or changed due to
variations in estimates.
(3) No reduction in amounts
The amount set aside pursuant to paragraph
(1) shall not reduce the amounts otherwise
made available for sections 5170b, 5170c, 5172,
5173, 5174, 5177, 5183, and 5189f of this title
under this chapter.
(j) Multihazard advisory maps
(1) Definition of multihazard advisory map
In this subsection, the term ‘‘multihazard
advisory map’’ means a map on which hazard
data concerning each type of natural disaster
is identified simultaneously for the purpose of
showing areas of hazard overlap.
(2) Development of maps
In consultation with States, local governments, and appropriate Federal agencies, the
President shall develop multihazard advisory
maps for areas, in not fewer than five States,
that are subject to commonly recurring natural hazards (including flooding, hurricanes
and severe winds, and seismic events).
(3) Use of technology
In developing multihazard advisory maps
under this subsection, the President shall use,
to the maximum extent practicable, the most
cost-effective and efficient technology available.
(4) Use of maps
(A) Advisory nature
The multihazard advisory maps shall be
considered to be advisory and shall not require the development of any new policy by,
or impose any new policy on, any government or private entity.
(B) Availability of maps
The multihazard advisory maps shall be
made available to the appropriate State and
local governments for the purposes of—
(i) informing the general public about
the risks of natural hazards in the areas
described in paragraph (2);
(ii) supporting the activities described in
subsection (e); and
(iii) other public uses.
(k) Report on Federal and State administration
Not later than 18 months after October 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 section to capable States.
(l) Prohibition on earmarks
(1) Definition
In this subsection, the term ‘‘congressionally directed spending’’ means a statutory provision or report language included primarily
at the request of a Senator or a Member, Delegate or Resident Commissioner of the House of

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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.
(m) Latest published editions
For purposes of subsections (e)(1)(B)(iv) and
(g)(10), the term ‘‘latest published editions’’
means, with respect to relevant consensus-based
codes, specifications, and standards, the 2 most
recently published editions.
(Pub. L. 93–288, title II, § 203, as added Pub. L.
106–390, title I, § 102(a), Oct. 30, 2000, 114 Stat.
1553; amended Pub. L. 108–199, div. H, § 135, Jan.
23, 2004, 118 Stat. 441; Pub. L. 108–447, div. J, title
I, § 105, Dec. 8, 2004, 118 Stat. 3343; Pub. L. 109–139,
§ 2, Dec. 22, 2005, 119 Stat. 2649; Pub. L. 110–329,
div. D, title V, § 553, Sept. 30, 2008, 122 Stat. 3690;
Pub. L. 111–83, title V, § 543, Oct. 28, 2009, 123
Stat. 2176; Pub. L. 111–351, §§ 3(a), (b), 4, Jan. 4,
2011, 124 Stat. 3864; Pub. L. 115–254, div. D,
§ 1234(a), (d), Oct. 5, 2018, 132 Stat. 3461, 3463.)
AMENDMENT OF SECTION
Pub. L. 115–254, div. D, § 1234(d), Oct. 5, 2018,
132 Stat. 3463, provided that, effective 5 years
after Oct. 5, 2018, this section is amended by
striking subsection (m). See 2018 Amendment
note below.
REFERENCES IN TEXT
This chapter, referred to in subsecs. (e)(1)(B)(iv),
(g)(5), (10), and (i), was in the original ‘‘this Act’’,
meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For
complete classification of this Act to the Code, see
Short Title note set out under section 5121 of this title
and Tables.
AMENDMENTS
2018—Subsec. (c). Pub. L. 115–254, § 1234(a)(1), inserted
‘‘Public Infrastructure’’ after ‘‘National’’.
Subsec. (e)(1)(B)(iv). Pub. L. 115–254, § 1234(a)(2), added
cl. (iv).
Subsec. (f)(1). Pub. L. 115–254, § 1234(a)(3)(A), inserted
‘‘for mitigation activities that are cost effective’’ after
‘‘competitive basis’’.
Subsec. (f)(3). Pub. L. 115–254, § 1234(a)(3)(B), added
par. (3).
Subsec. (g). Pub. L. 115–254, § 1234(a)(4)(A), in introductory provisions, inserted ‘‘provide financial assistance only in States that have received a major disaster
declaration in the previous 7 years, or to any Indian
tribal government located partially or entirely within
the boundaries of such States, and’’ after ‘‘the President shall’’.
Subsec.
(g)(10)
to
(12).
Pub.
L.
115–254,
§ 1234(a)(4)(B)–(D), added pars. (10) and (11) and redesignated former par. (10) as (12).

§ 5133

Subsec. (i). Pub. L. 115–254, § 1234(a)(5), added subsec.
(i) and struck out former subsec. (i) which related to
National Predisaster Mitigation Fund.
Subsecs. (j) to (l). Pub. L. 115–254, § 1234(a)(6), (7), redesignated subsecs. (k), (l), and (n) as (j), (k), and (l), respectively, and struck out former subsec. (j) which related to limitation on total amount of financial assistance.
Subsec. (m). Pub. L. 115–254, § 1234(d), struck out subsec. (m) which defined the term ‘‘latest published editions’’ for subsecs. (e)(1)(B)(iv) and (g)(10).
Pub. L. 115–254, § 1234(a)(6), (8), added subsec. (m) and
struck out former subsec. (m) which related to authorization of appropriations.
Subsec. (n). Pub. L. 115–254, § 1234(a)(7), redesignated
subsec. (n) as (l).
2011—Subsec. (f). Pub. L. 111–351, § 3(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to a different allocation of funds.
Subsec. (m). Pub. L. 111–351, § 3(b), amended subsec.
(m) generally. Prior to amendment, subsec. (m) related
to the termination of this section on Sept. 30, 2010.
Subsec. (n). Pub. L. 111–351, § 4, added subsec. (n).
2009—Subsec. (m). Pub. L. 111–83 substituted ‘‘September 30, 2010’’ for ‘‘September 30, 2009’’.
2008—Subsec. (m). Pub. L. 110–329 substituted ‘‘September 30, 2009’’ for ‘‘September 30, 2008’’.
2005—Subsec. (m). Pub. L. 109–139 substituted ‘‘September 30, 2008’’ for ‘‘December 31, 2005’’.
2004—Subsec. (m). Pub. L. 108–447 substituted ‘‘2005’’
for ‘‘2004’’.
Pub. L. 108–199 substituted ‘‘2004’’ for ‘‘2003’’.
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–254 applicable to each
major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided
under div. D of Pub. L. 115–254 applicable to each major
disaster and emergency declared by the President on or
after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.
Pub. L. 115–254, div. D, § 1234(b), Oct. 5, 2018, 132 Stat.
3462, provided that: ‘‘The amendments made to section
203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) by paragraphs (3)
and (5) of subsection (a) shall apply to funds appropriated on or after the date of enactment of this Act
[Oct. 5, 2018].’’
Pub. L. 115–254, div. D, § 1234(d), Oct. 5, 2018, 132 Stat.
3463, provided that the amendment made by section
1234(d) is effective on the date that is 5 years after Oct.
5, 2018.
FINDINGS
Pub. L. 111–351, § 2, Jan. 4, 2011, 124 Stat. 3863, provided
that: ‘‘Congress finds the following:
‘‘(1) The predisaster hazard mitigation program has
been successful and cost-effective. Funding from the
predisaster hazard mitigation program has successfully reduced loss of life, personal injuries, damage to
and destruction of property, and disruption of communities from disasters.
‘‘(2) The predisaster hazard mitigation program has
saved Federal taxpayers from spending significant
sums on disaster recovery and relief that would have
been otherwise incurred had communities not successfully applied mitigation techniques.
‘‘(3) A 2007 Congressional Budget Office report found
that the predisaster hazard mitigation program reduced losses by roughly $3 (measured in 2007 dollars)
for each dollar invested in mitigation efforts funded
under the predisaster hazard mitigation program.
Moreover, the Congressional Budget Office found that
projects funded under the predisaster hazard mitigation program could lower the need for post-disaster
assistance from the Federal Government so that the
predisaster hazard mitigation investment by the Federal Government would actually save taxpayer funds.

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‘‘(4) A 2005 report by the Multihazard Mitigation
Council showed substantial benefits and cost savings
from the hazard mitigation programs of the Federal
Emergency Management Agency generally. Looking
at a range of hazard mitigation programs of the Federal Emergency Management Agency, the study
found that, on average, $1 invested by the Federal
Emergency Management Agency in hazard mitigation provided the Nation with roughly $4 in benefits.
Moreover, the report projected that the mitigation
grants awarded between 1993 and 2003 would save
more than 220 lives and prevent nearly 4,700 injuries
over approximately 50 years.
‘‘(5) Given the substantial savings generated from
the predisaster hazard mitigation program in the
years following the provision of assistance under the
program, increasing funds appropriated for the program would be a wise investment.’’
FINDINGS AND PURPOSE
Pub. L. 106–390, title I, § 101, Oct. 30, 2000, 114 Stat.
1552, provided that:
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) natural disasters, including earthquakes,
tsunamis, tornadoes, hurricanes, flooding, and
wildfires, pose great danger to human life and to
property throughout the United States;
‘‘(2) greater emphasis needs to be placed on—
‘‘(A) identifying and assessing the risks to States
and local governments (including Indian tribes)
from natural disasters;
‘‘(B) implementing adequate measures to reduce
losses from natural disasters; and
‘‘(C) ensuring that the critical services and facilities of communities will continue to function after
a natural disaster;
‘‘(3) expenditures for postdisaster assistance are increasing without commensurate reductions in the
likelihood of future losses from natural disasters;
‘‘(4) in the expenditure of Federal funds under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), high priority
should be given to mitigation of hazards at the local
level; and
‘‘(5) with a unified effort of economic incentives,
awareness and education, technical assistance, and
demonstrated Federal support, States and local governments (including Indian tribes) will be able to—
‘‘(A) form effective community-based partnerships for hazard mitigation purposes;
‘‘(B) implement effective hazard mitigation measures that reduce the potential damage from natural
disasters;
‘‘(C) ensure continued functionality of critical
services;
‘‘(D) leverage additional non-Federal resources in
meeting natural disaster resistance goals; and
‘‘(E) make commitments to long-term hazard
mitigation efforts to be applied to new and existing
structures.
‘‘(b) PURPOSE.—The purpose of this title [enacting
this section and sections 5134, 5165 and 5165a of this
title, amending section 5170c of this title, and repealing
section 5176 of this title] is to establish a national disaster hazard mitigation program—
‘‘(1) to reduce the loss of life and property, human
suffering, economic disruption, and disaster assistance costs resulting from natural disasters; and
‘‘(2) to provide a source of predisaster hazard mitigation funding that will assist States and local governments (including Indian tribes) in implementing
effective hazard mitigation measures that are designed to ensure the continued functionality of critical services and facilities after a natural disaster.’’

§ 5134. Interagency task force
(a) In general
The President shall establish a Federal interagency task force for the purpose of coordi-

Page 5944

nating 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.
(Pub. L. 93–288, title II, § 204, as added Pub. L.
106–390, title I, § 103, Oct. 30, 2000, 114 Stat. 1557;
amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124
Stat. 3864.)
AMENDMENTS
2011—Subsec. (b). Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 5135. Grants to entities for establishment of
hazard mitigation revolving loan funds
(a) General authority
(1) In general
The Administrator may enter into agreements with eligible entities to make capitalization grants to such entities for the establishment of hazard mitigation revolving loan
funds (referred to in this section as ‘‘entity
loan funds’’) for providing funding assistance
to local governments to carry out eligible
projects under this section to reduce disaster
risks for homeowners, businesses, nonprofit
organizations, and communities in order to decrease—
(A) the loss of life and property;
(B) the cost of insurance; and
(C) Federal disaster payments.
(2) Agreements
Any agreement entered into under this section shall require the participating entity to—
(A) comply with the requirements of this
section; and
(B) use accounting, audit, and fiscal procedures conforming to generally accepted accounting standards.
(b) Application
(1) In general
To be eligible to receive a capitalization
grant under this section, an eligible entity

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

shall submit to the Administrator an application that includes the following:
(A) Project proposals comprised of local
government hazard mitigation projects, on
the condition that the entity provides public
notice not less than 6 weeks prior to the submission of an application.
(B) An assessment of recurring major disaster vulnerabilities impacting the entity
that demonstrates a risk to life and property.
(C) A description of how the hazard mitigation plan of the entity has or has not
taken the vulnerabilities described in subparagraph (B) into account.
(D) A description about how the projects
described in subparagraph (A) could conform
with the hazard mitigation plan of the entity and of the unit of local government.
(E) A proposal of the systematic and regional approach to achieve resilience in a
vulnerable area, including impacts to river
basins, river corridors, watersheds, estuaries, bays, coastal regions, micro-basins,
micro-watersheds, ecosystems, and areas at
risk of earthquakes, tsunamis, droughts, severe storms, and wildfires, including the
wildland-urban interface.
(2) Technical assistance
The Administrator shall provide technical
assistance to eligible entities for applications
under this section.
(c) Entity loan fund
(1) Establishment of fund
An entity that receives a capitalization
grant under this section shall establish an entity loan fund that complies with the requirements of this subsection.
(2) Fund management
Except as provided in paragraph (3), entity
loan funds shall—
(A) be administered by the agency responsible for emergency management; and
(B) include only—
(i) funds provided by a capitalization
grant under this section;
(ii) repayments of loans under this section to the entity loan fund; and
(iii) interest earned on amounts in the
entity loan fund.
(3) Administration
A participating entity may combine the financial administration of the entity loan fund
of such entity with the financial administration of any other revolving fund established by
such entity if the Administrator determines
that—
(A) the capitalization grant, entity share,
repayments of loans, and interest earned on
amounts in the entity loan fund are accounted for separately from other amounts
in the revolving fund; and
(B) the authority to establish assistance
priorities and carry out oversight activities
remains in the control of the entity agency
responsible for emergency management.
(4) Entity share of funds
(A) In general
On or before the date on which a participating entity receives a capitalization grant

§ 5135

under this section, the entity shall deposit
into the entity loan fund of such entity, an
amount equal to not less than 10 percent of
the amount of the capitalization grant.
(B) Reduced grant
If, with respect to a capitalization grant
under this section, a participating entity deposits in the entity loan fund of the entity
an amount that is less than 10 percent of the
total amount of the capitalization grant
that the participating entity would otherwise receive, the Administrator shall reduce
the amount of the capitalization grant received by the entity to the amount that is 10
times the amount so deposited.
(d) Apportionment
(1) In general
Except as otherwise provided by this subsection, the Administrator shall apportion
funds made available to carry out this section
to entities that have entered into an agreement under subsection (a)(2) in amounts as determined by the Administrator.
(2) Reservation of funds
The Administrator shall reserve not more
than 2.5 percent of the amount made available
to carry out this section for the Federal Emergency Management Agency for—
(A) administrative costs incurred in carrying out this section;
(B) providing technical assistance to participating entities under subsection (b)(2);
and
(C) capitalization grants to insular areas
under paragraph (4).
(3) Priority
In the apportionment of capitalization
grants under this subsection, the Administrator shall give priority to entity applications under subsection (b) that—
(A) propose projects increasing resilience
and reducing risk of harm to natural and
built infrastructure;
(B) involve a partnership between two or
more eligible entities to carry out a project
or similar projects;
(C) take into account regional impacts of
hazards on river basins, river corridors,
micro-watersheds, macro-watersheds, estuaries, lakes, bays, and coastal regions and
areas at risk of earthquakes, tsunamis,
droughts, severe storms, and wildfires, including the wildland-urban interface; or
(D) propose projects for the resilience of
major economic sectors or critical national
infrastructure, including ports, global commodity supply chain assets (located within
an entity or within the jurisdiction of local
governments, insular areas, and Indian tribal governments), power and water production and distribution centers, and bridges
and waterways essential to interstate commerce.
(4) Insular areas
(A) Apportionment
From any amount remaining of funds reserved under paragraph (2), the Adminis-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

trator may enter into agreements to provide
capitalization grants to insular areas.
(B) Requirements
An insular area receiving a capitalization
grant under this section shall comply with
the requirements of this section as applied
to participating entities.
(e) Environmental review of revolving loan fund
projects
The Administrator may delegate to a participating entity all of the responsibilities for environmental review, decision making, and action
pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal environmental laws including
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) and the National Historic Preservation Act of 1966 (54 U.S.C. 300101 et seq.) that
would apply to the Administrator were the Administrator to undertake projects under this
section as Federal projects so long as the participating entity carries out such responsibilities in the same manner and subject to the
same requirements as if the Administrator carried out such responsibilities.
(f) Use of funds
(1) Types of assistance
Amounts deposited in an entity loan fund,
including loan repayments and interest earned
on such amounts, may be used—
(A) to make loans, on the condition that—
(i) such loans are made at an interest
rate of not more than 1 percent;
(ii) annual principal and interest payments will commence not later than 1 year
after completion of any project and all
loans made under this subparagraph will
be fully amortized—
(I) not later than 20 years after the
date on which the project is completed;
or
(II) for projects in a low-income geographic area, not later than 30 years
after the date on which the project is
completed and not longer than the expected design life of the project;
(iii) the loan recipient of a loan under
this subparagraph establishes a dedicated
source of revenue for repayment of the
loan;
(iv) the loan recipient of a loan under
this subparagraph has a hazard mitigation
plan that has been approved by the Administrator; and
(v) the entity loan fund will be credited
with all payments of principal and interest
on all loans made under this subparagraph;
(B) for mitigation efforts, in addition to
mitigation planning under section 5165 of
this title not to exceed 10 percent of the capitalization grants made to the participating
entity in a fiscal year;
(C) for the reasonable costs of administering the fund and conducting activities
under this section, except that such amounts
shall not exceed $100,000 per year, 2 percent
of the capitalization grants made to the participating entity in a fiscal year, or 1 per-

Page 5946

cent of the value of the entity loan fund,
whichever amount is greatest, plus the
amount of any fees collected by the entity
for such purpose regardless of the source;
and
(D) to earn interest on the entity loan
fund.
(2) Prohibition on determination that loan is a
duplication
In carrying out this section, the Administrator may not determine that a loan is a duplication of assistance or programs under this
chapter.
(3) Projects and activities eligible for assistance
Except as provided in this subsection, a participating entity may use funds in the entity
loan fund to provide financial assistance for
projects or activities that mitigate the impacts of natural hazards including—
(A) drought and prolonged episodes of intense heat;
(B) severe storms, including hurricanes,
tornados, wind storms, cyclones, and severe
winter storms;
(C) wildfires;
(D) earthquakes;
(E) flooding, including the construction,
repair, or replacement of a non-Federal levee
or other flood control structure, provided
that the Administrator, in consultation with
the Army Corps of Engineers (if appropriate), requires an eligible entity to determine that such levee or structure is designed, constructed, and maintained in accordance with sound engineering practices
and standards equivalent to the purpose for
which such levee or structure is intended;
(F) shoreline erosion;
(G) high water levels; and
(H) storm surges.
(4) Zoning and land use planning changes
A participating entity may use not more
than 10 percent of a capitalization grant under
this section to enable units of local government to implement zoning and land use planning changes focused on—
(A) the development and improvement of
zoning and land use codes that incentivize
and encourage low-impact development, resilient wildland-urban interface land management and development, natural infrastructure, green stormwater management,
conservation areas adjacent to floodplains,
implementation of watershed or greenway
master
plans,
and
reconnection
of
floodplains;
(B) the study and creation of agricultural
risk compensation districts where there is a
desire to remove or set-back levees protecting highly developed agricultural land to
mitigate for flooding, allowing agricultural
producers to receive compensation for assuming greater flood risk that would alleviate flood exposure to population centers and
areas with critical national infrastructure;
(C) the study and creation of land use incentives that reward developers for greater
reliance
on
low
impact
development

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

stormwater best management practices, exchange density increases for increased open
space and improvement of neighborhood
catch basins to mitigate urban flooding, reward developers for including and augmenting natural infrastructure adjacent to
and around building projects without reliance on increased sprawl, and reward developers for addressing wildfire ignition; and
(D) the study and creation of an erosion response plan that accommodates river, lake,
forest, plains, and ocean shoreline retreating
or bluff stabilization due to increased flooding and disaster impacts.
(5) Establishing and carrying out building code
enforcement
A participating entity may use capitalization grants under this section to enable units
of local government to establish and carry out
the latest published editions of relevant building codes, specifications, and standards for the
purpose of protecting the health, safety, and
general welfare of the building’s users against
disasters and natural hazards.
(6) Administrative and technical costs
For each fiscal year, a participating entity
may use the amount described in paragraph
(1)(C) to—
(A) pay the reasonable costs of administering the programs under this section, including the cost of establishing an entity
loan fund; and
(B) provide technical assistance to recipients of financial assistance from the entity
loan fund, on the condition that such technical assistance does not exceed 5 percent of
the capitalization grant made to such entity.
(7) Limitation for single projects
A participating entity may not provide an
amount equal to or more than $5,000,000 to a
single hazard mitigation project.
(8) Requirements
For fiscal year 2022 and each fiscal year
thereafter, the requirements of subchapter IV
of chapter 31 of title 40 shall apply to the construction of projects carried out in whole or in
part with assistance made available by an entity loan fund authorized by this section.
(g) Intended use plans
(1) In general
After providing for public comment and review, and consultation with appropriate government agencies of the State or Indian tribal
government, Federal agencies, and interest
groups, each participating entity shall annually prepare and submit to the Administrator
a plan identifying the intended uses of the entity loan fund.
(2) Contents of plan
An entity intended use plan prepared under
paragraph (1) shall include—
(A) the integration of entity planning efforts, including entity hazard mitigation
plans and other programs and initiatives relating to mitigation of major disasters carried out by such entity;

§ 5135

(B) an explanation of the mitigation and
resiliency benefits the entity intends to
achieve by—
(i) reducing future damage and loss associated with hazards;
(ii) reducing the number of severe repetitive loss structures and repetitive loss
structures in the entity;
(iii) decreasing the number of insurance
claims in the entity from injuries resulting from major disasters or other natural
hazards; and
(iv) increasing the rating under the community rating system under section 4022(b)
of this title for communities in the entity;
(C) information on the availability of, and
application process for, financial assistance
from the entity loan fund of such entity;
(D) the criteria and methods established
for the distribution of funds;
(E) the amount of financial assistance that
the entity anticipates apportioning;
(F) the expected terms of the assistance
provided from the entity loan fund; and
(G) a description of the financial status of
the entity loan fund, including short-term
and long-term goals for the fund.
(h) Audits, reports, publications, and oversight
(1) Biennial entity audit and report
Beginning not later than the last day of the
second fiscal year after the receipt of payments under this section, and biennially
thereafter, any participating entity shall—
(A) conduct an audit of the entity loan
fund established under subsection (c); and
(B) provide to the Administrator a report
including—
(i) the result of any such audit; and
(ii) a review of the effectiveness of the
entity loan fund of the entity with respect
to meeting the goals and intended benefits
described in the intended use plan submitted by the entity under subsection (g).
(2) Publication
A participating entity shall publish and periodically update information about all
projects receiving funding from the entity
loan fund of such entity, including—
(A) the location of the project;
(B) the type and amount of assistance provided from the entity loan fund;
(C) the expected funding schedule; and
(D) the anticipated date of completion of
the project.
(3) Oversight
(A) In general
The Administrator shall, at least every 4
years, conduct reviews and audits as may be
determined necessary or appropriate by the
Administrator to carry out the objectives of
this section and determine the effectiveness
of the fund in reducing natural hazard risk.
(B) GAO requirements
A participating entity shall conduct audits
under paragraph (1) in accordance with the
auditing procedures of the Government Accountability Office, including generally accepted government auditing standards.

§ 5135

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(C) Recommendations by Administrator
The Administrator may at any time make
recommendations for or require specific
changes to an entity loan fund in order to
improve the effectiveness of the fund.
(i) Regulations or guidance
The Administrator shall issue such regulations or guidance as are necessary to—
(1) ensure that each participating entity
uses funds as efficiently as possible;
(2) reduce waste, fraud, and abuse to the
maximum extent possible; and
(3) require any party that receives funds directly or indirectly under this section, including a participating entity and a recipient of
amounts from an entity loan fund, to use procedures with respect to the management of
the funds that conform to generally accepted
accounting standards.
(j) Waiver authority
Until such time as the Administrator issues
final 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) provide capitalization grants under this
section as a pilot program.
(k) Liability protections
The Agency shall not be liable for any claim
based on the exercise or performance of, or the
failure to exercise or perform, a discretionary
function or duty by the Agency, or an employee
of the Agency in carrying out this section.
(l) GAO report
Not later than 1 year after the date on which
the first entity loan fund is established under
subsection (c), the Comptroller General of the
United States 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 that examines—
(1) the appropriateness of regulations and
guidance issued by the Administrator for the
program, including any oversight of the program;
(2) a description of the number of the entity
loan funds established, the projects funded
from such entity loan funds, and the extent to
which projects funded by the loan funds adhere to any applicable hazard mitigation
plans;
(3) the effectiveness of the entity loan funds
to lower disaster related costs; and
(4) recommendations for improving the administration of entity loan funds.
(m) Definitions
In this section, the following definitions
apply:
(1) Administrator
The term ‘‘Administrator’’ means the Administrator of the Federal Emergency Management Agency.
(2) Agency
The term ‘‘Agency’’ means the Federal
Emergency Management Agency.

Page 5948

(3) Eligible entity
The term ‘‘eligible entity’’ means—
(A) a State; or
(B) an Indian tribal government that has
received a major disaster declaration during
the 5-year period ending on January 1, 2021.
(4) Hazard mitigation plan
The term ‘‘hazard mitigation plan’’ means a
mitigation plan submitted under section 5165
of this title.
(5) Insular area
The term ‘‘insular area’’ means Guam,
American Samoa, the Commonwealth of the
Northern Mariana Islands, and the United
States Virgin Islands.
(6) Low-income geographic area
The term ‘‘low-income geographic area’’
means an area described in paragraph (1) or (2)
of section 3161(a) of this title.
(7) Participating entity
The term ‘‘participating entity’’ means an
eligible entity that has entered into an agreement under this section.
(8) Repetitive loss structure
The term ‘‘repetitive loss structure’’ has the
meaning given the term in section 4121 of this
title.
(9) Severe repetitive loss structure
The term ‘‘severe repetitive loss structure’’
has the meaning given the term in section
4104c(h) of this title.
(10) State
The term ‘‘State’’ means any State of the
United States, the District of Columbia, and
Puerto Rico.
(11) Wildland-urban interface
The term ‘‘wildland-urban interface’’ has the
meaning given the term in section 6511 of title
16.
(n) Authorization of appropriations
There are authorized to be appropriated
$100,000,000 for each of fiscal years 2022 through
2023 to carry out this section.
(Pub. L. 93–288, title II, § 205, as added Pub. L.
116–284, § 2, Jan. 1, 2021, 134 Stat. 4869.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (e), is Pub. L. 91–190, Jan. 1, 1970, 83
Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 4321 of this title and Tables.
The Endangered Species Act of 1973, referred to in
subsec. (e), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
which is classified principally to chapter 35 (§ 1531 et
seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set
out under section 1531 of Title 16 and Tables.
The National Historic Preservation Act of 1966, referred to in subsec. (e), probably means the National
Historic Preservation Act, Pub. L. 89–665, Oct. 15, 1966,
80 Stat. 915, which was classified generally to subchapter II (§ 470 et seq.) of chapter 1A of Title 16, Conservation, was substantially repealed and replaced in
division A (§ 300101 et seq.) of subtitle III of Title 54, Na-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

tional Park Service and Related Programs, by Pub. L.
113–287, §§ 3, 7, 128 Stat. 3187, 3272. For complete classification of this Act to the Code, see Short Title of 1966
Act note set out under section 100101 of Title 54, and
Tables. For disposition of former sections of Title 16,
see Disposition Table preceding section 100101 of Title
54.
This chapter, referred to in subsec. (f)(2), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

SUBCHAPTER III—MAJOR DISASTER AND
EMERGENCY ASSISTANCE ADMINISTRATION
§ 5141. Waiver of administrative conditions
Any Federal agency charged with the administration of a Federal assistance program may, if
so requested by the applicant State or local authorities, modify or waive, for a major disaster,
such administrative conditions for assistance as
would otherwise prevent the giving of assistance
under such programs if the inability to meet
such conditions is a result of the major disaster.
(Pub. L. 93–288, title III, § 301, as added Pub. L.
100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat.
4691.)
PRIOR PROVISIONS
A prior section 5141, Pub. L. 93–288, title III, § 301, May
22, 1974, 88 Stat. 146, set out procedure for determination of existence of emergency or major disaster, prior
to repeal by Pub. L. 100–707, § 105(a)(2).

§ 5142. Repealed. Pub. L. 100–707, title
§ 105(a)(2), Nov. 23, 1988, 102 Stat. 4691

I,

Section, Pub. L. 93–288, title III, § 302, May 22, 1974, 88
Stat. 146, related to Federal assistance and its coordination with State and local disaster assistance.

§ 5143. Coordinating officers
(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
chapter, 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 chapter shall limit or in any
way affect the responsibilities of the American
National Red Cross under chapter 3001 of title
36; and
(4) take such other action, consistent with
authority delegated to him by the President,
and consistent with the provisions of this

§ 5144

chapter, 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 chapter 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
multistate 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.
(Pub. L. 93–288, title III, § 302, formerly § 303, May
22, 1974, 88 Stat. 147; renumbered § 302 and
amended Pub. L. 100–707, title I, § 105(b), Nov. 23,
1988, 102 Stat. 4691; Pub. L. 109–295, title VI, § 687,
Oct. 4, 2006, 120 Stat. 1448.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was
in the original ‘‘this Act’’, meaning Pub. L. 93–288, May
22, 1974, 88 Stat. 143, as amended. For complete classification of this Act to the Code, see Short Title note
set out under section 5121 of this title and Tables.
CODIFICATION
In subsec. (b)(3), ‘‘chapter 3001 of title 36’’ substituted
for ‘‘the Act of January 5, 1905, as amended (33 Stat.
599)’’ on authority of Pub. L. 105–225, § 5(b), Aug. 12, 1998,
112 Stat. 1499, the first section of which enacted Title
36, Patriotic and National Observances, Ceremonies,
and Organizations.
PRIOR PROVISIONS
A prior section 302 of Pub. L. 93–288 was classified to
section 5142 of this title prior to repeal by Pub. L.
100–707.
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–295 added subsec. (d).
1988—Subsec. (a). Pub. L. 100–707 inserted ‘‘or emergency’’ after ‘‘major disaster’’.

§ 5144. Emergency support and response teams
(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 chapter. 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 sup-