--- kind: "range" citation: "42 U.S.C. §§ 5121–5206" title: "42" from: "5121" to: "5206" count: 112 release: "119-102" url: "https://uscodex.org/usc/42/5121..5206" --- # §5121. Congressional findings and declarations - (a) The Congress hereby finds and declares that— - (1) because [disasters](/usc/42/5204.md?p=2) often [cause](/usc/42/9908.md?p=c-2) loss of life, human suffering, loss of [income](/usc/42/292s.md?p=c-4), and property loss and damage; and - (2) because [disasters](/usc/42/5204.md?p=2) often disrupt the normal functioning of governments and communities, and adversely affect individuals and [families](/usc/42/12704.md?p=11) with great severity; special measures, designed to assist the efforts of the affected [States](/usc/42/5122.md?p=4) in expediting the rendering of aid, assistance, and [emergency](/usc/42/5122.md?p=1) services, and the reconstruction and rehabilitation of devastated areas, are necessary. - (b) It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) in carrying out their responsibilities to alleviate the suffering and damage which result from such [disasters](/usc/42/5204.md?p=2) by— - (1) revising and broadening the scope of existing [disaster](/usc/42/5204.md?p=2) relief [programs](/usc/42/274l–1.md?p=4); - (2) encouraging the development of comprehensive [disaster](/usc/42/5204.md?p=2) preparedness and assistance plans, [programs](/usc/42/274l–1.md?p=4), capabilities, and organizations by the [States](/usc/42/5122.md?p=4) and by [local governments](/usc/42/5122.md?p=8); - (3) achieving greater coordination and responsiveness of [disaster](/usc/42/5204.md?p=2) preparedness and relief [programs](/usc/42/274l–1.md?p=4); - (4) encouraging individuals, [States](/usc/42/5122.md?p=4), and [local governments](/usc/42/5122.md?p=8) to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; - (5) encouraging [hazard](/usc/42/5165f.md?p=a-3) mitigation measures to reduce losses from [disasters](/usc/42/5204.md?p=2), including development of land use and [construction](/usc/42/7479.md?p=2-C) regulations; - (6) providing Federal assistance [programs](/usc/42/274l–1.md?p=4) for both public and private losses sustained in [disasters](/usc/42/5204.md?p=2); and - (7) identifying and improving the climate and [natural hazard](/usc/42/300j–19a.md?p=l-1) [resilience](/usc/42/300j–19a.md?p=l-1) of vulnerable communities. # §5122. Definitions As used in this chapter— - (1) **Emergency.—** “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement [State](#4) and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the [United States](#3). - (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](/usc/42/9908.md?p=c-2), any fire, flood, or explosion, in any part of the [United States](#3), which in the determination of the President [causes](/usc/42/9908.md?p=c-2) damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of [States](#4), [local governments](#8), and [disaster](/usc/42/5204.md?p=2) relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. - (3) “United States” means the fifty [States](#4), 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](#3), 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](#12) of any [State](#4). - (6) **Indian tribal government.—** The term “Indian tribal government” means the governing body of any [Indian](/usc/42/6862.md?p=6) or Alaska Native tribe, band, nation, pueblo, village, or community that the [Secretary](/usc/42/242q–4.md?p=2) of the Interior acknowledges to exist as an [Indian tribe](/usc/42/300f.md?p=14) under the Federally Recognized [Indian Tribe](/usc/42/300f.md?p=14) List Act of 1994 ([25 U.S.C. 479a](/usc/25/479a.md) et seq.).[^1] - (7) **Individual with a disability.—** The term “[individual with a disability](/usc/42/3030s.md?p=a-3)” means an [individual with a disability](/usc/42/3030s.md?p=a-3) as defined in [section 12102(2) of this title](/usc/42/12102.md?p=2). - (8) **Local government.—** The term “local government” means— - (A) a county, municipality, [city](/usc/42/12902.md?p=11), town, township, local public authority, [school](/usc/42/6372.md?p=1) district, special district, intrastate district, [council](/usc/42/300f.md?p=9) of governments (regardless of whether the [council](/usc/42/300f.md?p=9) of governments is incorporated as a nonprofit [corporation](/usc/42/2296b–7.md?p=1) under [State](#4) law), regional or interstate government entity, or agency or instrumentality of a [local government](#8); - (B) an [Indian tribe](/usc/42/300f.md?p=14) or authorized [tribal organization](/usc/42/629a.md?p=a-6), or Alaska Native village or organization, that is not an [Indian tribal government](#6) as defined in [paragraph (6)](#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](#4) or political subdivision of a [State](#4). - (9) “Federal agency” means any department, independent establishment, Government [corporation](/usc/42/2296b–7.md?p=1), or other agency of the executive branch of the Federal Government, including the [United States](#3) Postal Service, but shall not include the American National Red Cross. - (10) **Public facility.—** “Public facility” means the following [facilities](/usc/42/11049.md?p=4) owned by a [State](#4) or [local government](#8): - (A) Any flood control, navigation, irrigation, reclamation, public power, sewage [treatment](/usc/42/11851.md?p=11) and collection, water supply and distribution, watershed development, or airport [facility](/usc/42/11049.md?p=4). - (B) Any non-Federal-aid street, road, or highway. - (C) Any other public [building](/usc/42/6881.md?p=i-3), structure, or system, including those used for educational, recreational, or cultural purposes. - (D) Any park. - (11) **Private nonprofit facility.—** - (A) **In general.—** The term “private nonprofit facility” means private nonprofit educational (without regard to the religious character of the [facility](/usc/42/11049.md?p=4)), center-based childcare, utility, irrigation, [emergency](#1), medical, rehabilitational, and temporary or permanent custodial care [facilities](/usc/42/11049.md?p=4) (including those for the aged and disabled) and [facilities](/usc/42/11049.md?p=4) on [Indian](/usc/42/6862.md?p=6) reservations, as defined by the President. - (B) **Additional facilities.—** In addition to the [facilities](/usc/42/11049.md?p=4) described in [subparagraph (A)](#11-A), the term “[private nonprofit facility](#11-A)” includes any [private nonprofit facility](#11-A) that provides essential social services to the general public (including [museums](/usc/42/7142d.md?p=1), zoos, performing arts [facilities](/usc/42/11049.md?p=4), community arts centers, community centers, libraries, homeless shelters, senior citizen centers, rehabilitation [facilities](/usc/42/11049.md?p=4), shelter workshops, food banks, broadcasting [facilities](/usc/42/11049.md?p=4), houses of worship, and [facilities](/usc/42/11049.md?p=4) that provide health and safety services of a governmental nature), as defined by the President. No house of worship may be excluded from this definition because leadership or membership in the organization operating the house of worship is limited to [persons](/usc/42/1320a–7k.md?p=d-4-C-i) who share a religious faith or practice. - (12) **Chief executive.—** The term “Chief Executive” means the [person](/usc/42/1320a–7k.md?p=d-4-C-i) who is the Chief, Chairman, [Governor](#5), President, or similar executive official of an [Indian tribal government](#6). # §5123. References Except as otherwise specifically provided, any reference in this chapter to “[State](/usc/42/5122.md?p=4) and local”, “[State](/usc/42/5122.md?p=4) or local”, “[State](/usc/42/5122.md?p=4), and local”, “[State](/usc/42/5122.md?p=4), or local”, or “[State](/usc/42/5122.md?p=4), local” (including plurals) with respect to governments or officials and any reference to a “[local government](/usc/42/5122.md?p=8)” in sections [5172(d)(3)](/usc/42/5172.md?p=d-3) and [5184](/usc/42/5184.md) of this title is deemed to refer also to [Indian tribal governments](/usc/42/5122.md?p=6) and officials, as appropriate. # §5131. Federal and State disaster preparedness programs - (a) **Utilization of services of other agencies—** The President is authorized to establish a [program](/usc/42/274l–1.md?p=4) of [disaster](/usc/42/5204.md?p=2) preparedness that utilizes services of all appropriate agencies and includes— - (1) preparation of [disaster](/usc/42/5204.md?p=2) preparedness plans for mitigation, warning, [emergency](/usc/42/5122.md?p=1) operations, rehabilitation, and recovery; - (2) [training](/usc/42/285e–2.md?p=b-2) and exercises; - (3) postdisaster critiques and evaluations; - (4) annual review of [programs](/usc/42/274l–1.md?p=4); - (5) coordination of Federal, [State](/usc/42/5122.md?p=4), and local preparedness [programs](/usc/42/274l–1.md?p=4); - (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](/usc/42/5122.md?p=4) in developing comprehensive plans and practicable [programs](/usc/42/274l–1.md?p=4) for preparation against [disasters](/usc/42/5204.md?p=2), including [hazard](/usc/42/5165f.md?p=a-3) reduction, avoidance, and mitigation; for assistance to individuals, businesses, and [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) following such [disasters](/usc/42/5204.md?p=2); and for recovery of damaged or destroyed public and private [facilities](/usc/42/11049.md?p=4). - (c) **Grants to States for development of plans and programs—** Upon application by a [State](/usc/42/5122.md?p=4), the President is authorized to make grants, not to exceed in the aggregate to such [State](/usc/42/5122.md?p=4) $250,000, for the development of plans, [programs](/usc/42/274l–1.md?p=4), and capabilities for [disaster](/usc/42/5204.md?p=2) preparedness and prevention. Such grants shall be applied for within one year from May 22, 1974. Any [State](/usc/42/5122.md?p=4) desiring financial assistance under this section shall designate or create an agency to plan and administer such a [disaster](/usc/42/5204.md?p=2) preparedness [program](/usc/42/274l–1.md?p=4), and shall, through such agency, submit a [State](/usc/42/5122.md?p=4) plan to the President, which shall— - (1) set forth a comprehensive and detailed [State](/usc/42/5122.md?p=4) [program](/usc/42/274l–1.md?p=4) for preparation against and assistance following, [emergencies](/usc/42/5122.md?p=1) and [major disasters](/usc/42/5122.md?p=2), including provisions for assistance to individuals, businesses, and [local governments](/usc/42/5122.md?p=8); and - (2) include provisions for appointment and [training](/usc/42/285e–2.md?p=b-2) 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](/usc/42/5122.md?p=4) [disaster](/usc/42/5204.md?p=2) assistance plans, including evaluations of [natural hazards](/usc/42/300j–19a.md?p=l-1) and development of the [programs](/usc/42/274l–1.md?p=4) and actions required to mitigate such [hazards](/usc/42/5165f.md?p=a-3); except that no such grant shall exceed $50,000 per annum to any [State](/usc/42/5122.md?p=4). # §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](/usc/42/5122.md?p=9) are prepared to issue warnings of [disasters](/usc/42/5204.md?p=2) to [State](/usc/42/5122.md?p=4) and local officials. - (b) **Technical assistance to State and local governments for effective warnings—** The President shall direct appropriate [Federal agencies](/usc/42/5122.md?p=9) to provide technical assistance to [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) to insure that timely and effective [disaster](/usc/42/5204.md?p=2) 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](/usc/42/5122.md?p=4), and local agencies the [facilities](/usc/42/11049.md?p=4) of the civil defense communications system established and maintained pursuant to [section 5196(c) of this title](/usc/42/5196.md?p=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](/usc/42/5204.md?p=2). - (d) **Agreements with commercial communications systems for use of facilities—** The President is authorized to enter into [agreements](/usc/42/1320b–8.md?p=a-3-A) 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](/usc/42/5204.md?p=2). # §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](/usc/42/5122.md?p=4) in which the community is located and based on criteria established by the President. - (b) **Establishment of program—** The President may establish a [program](/usc/42/274l–1.md?p=4) to provide technical and financial assistance to [States](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) to assist in the implementation of predisaster [hazard](/usc/42/5165f.md?p=a-3) mitigation measures that are [cost-effective](/usc/42/1396e.md?p=e-2) and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and [facilities](/usc/42/11049.md?p=4) under the jurisdiction of the [States](/usc/42/5122.md?p=4) or [local governments](/usc/42/5122.md?p=8). - (c) **Approval by President—** If the President determines that a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) has identified [natural disaster](/usc/42/18711.md?p=a-3) [hazards](/usc/42/5165f.md?p=a-3) in areas under its jurisdiction and has demonstrated the ability to form effective public-private [natural disaster](/usc/42/18711.md?p=a-3) [hazard](/usc/42/5165f.md?p=a-3) mitigation partnerships, the President, using amounts in the National Public Infrastructure Predisaster Mitigation [Fund](/usc/42/12854.md?p=3) established under [subsection (i)](#i) (referred to in this section as the “[Fund](/usc/42/12854.md?p=3)”), may provide technical and financial assistance to the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) to be used in accordance with [subsection (e)](#e). - (d) **State recommendations—** - (1) **In general—** - (A) **Recommendations—** The [Governor](/usc/42/5122.md?p=5) of each [State](/usc/42/5122.md?p=4) may recommend to the President not fewer than five [local governments](/usc/42/5122.md?p=8) to receive assistance under this section. - (B) **Deadline for submission—** The recommendations under [subparagraph (A)](#d-1-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)](#d-1-A), a [Governor](/usc/42/5122.md?p=5) shall consider the criteria specified in [subsection (g)](#g). - (2) **Use—** - (A) **In general—** Except as provided in [subparagraph (B)](#d-2-B), in providing assistance to [local governments](/usc/42/5122.md?p=8) under this section, the President shall select from [local governments](/usc/42/5122.md?p=8) recommended by the [Governors](/usc/42/5122.md?p=5) under this subsection. - (B) **Extraordinary circumstances—** In providing assistance to [local governments](/usc/42/5122.md?p=8) under this section, the President may select a [local government](/usc/42/5122.md?p=8) that has not been recommended by a [Governor](/usc/42/5122.md?p=5) 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](/usc/42/5122.md?p=5) of a [State](/usc/42/5122.md?p=4) fails to submit recommendations under this subsection in a timely manner, the President may select, subject to the criteria specified in [subsection (g)](#g), any [local governments](/usc/42/5122.md?p=8) of the [State](/usc/42/5122.md?p=4) 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](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) principally to implement predisaster [hazard](/usc/42/5165f.md?p=a-3) mitigation measures that are [cost-effective](/usc/42/1396e.md?p=e-2) 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](/usc/42/18711.md?p=a-3) [hazard](/usc/42/5165f.md?p=a-3) mitigation partnerships; - (ii) to improve the assessment of a community’s vulnerability to [natural hazards](/usc/42/300j–19a.md?p=l-1); - (iii) to establish [hazard](/usc/42/5165f.md?p=a-3) mitigation priorities, and an appropriate [hazard mitigation plan](/usc/42/5135.md?p=m-4), for a community; or - (iv) to establish and carry out enforcement activities and implement the latest published editions of relevant consensus-based codes, specifications, and [standards](/usc/42/1320d.md?p=7) that incorporate the latest [hazard](/usc/42/5165f.md?p=a-3)-resistant designs and establish minimum acceptable criteria for the design, [construction](/usc/42/7479.md?p=2-C), and maintenance of residential structures and [facilities](/usc/42/11049.md?p=4) that may be eligible for assistance under this chapter for the purpose of protecting the health, safety, and general welfare of the [buildings](/usc/42/6881.md?p=i-3)’ users against [disasters](/usc/42/5204.md?p=2). - (2) **Dissemination—** A [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) may use not more than 10 percent of the financial assistance received by the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) under this section for a fiscal year to [fund](/usc/42/12854.md?p=3) activities to disseminate information regarding [cost-effective](/usc/42/1396e.md?p=e-2) 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)](#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](/usc/42/5122.md?p=4) (including amounts made available to [local governments](/usc/42/5122.md?p=8) of the [State](/usc/42/5122.md?p=4)) 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](/usc/42/12854.md?p=3) 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](/usc/42/12854.md?p=3) 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](/usc/42/5122.md?p=4) (including amounts made available to [local governments](/usc/42/5122.md?p=8) of a [State](/usc/42/5122.md?p=4)) 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)](#f-3-A), add the amounts to any other amounts available to be awarded on a competitive basis pursuant to [paragraph (1)](#f-1). - (g) **Criteria for assistance awards—** In determining whether to provide technical and financial assistance to a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) under this section, the President shall provide financial assistance only in [States](/usc/42/5122.md?p=4) that have received a [major disaster](/usc/42/5122.md?p=2) [declaration](/usc/42/247d–6e.md?p=e-4) in the previous 7 years, or to any [Indian tribal government](/usc/42/5122.md?p=6) located partially or entirely within the boundaries of such [States](/usc/42/5122.md?p=4), and take into account— - (1) the extent and nature of the [hazards](/usc/42/5165f.md?p=a-3) to be mitigated; - (2) the degree of commitment of the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) to reduce [damages](/usc/42/9601.md?p=6) from future [natural disasters](/usc/42/18711.md?p=a-3); - (3) the degree of commitment by the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) to support ongoing non-Federal support for the [hazard](/usc/42/5165f.md?p=a-3) mitigation measures to be carried out using the technical and financial assistance; - (4) the extent to which the [hazard](/usc/42/5165f.md?p=a-3) mitigation measures to be carried out using the technical and financial assistance contribute to the mitigation goals and priorities established by the [State](/usc/42/5122.md?p=4); - (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](/usc/42/1396e.md?p=e-2) mitigation activities that produce meaningful and definable outcomes are clearly identified; - (7) if the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) has submitted a mitigation plan under [section 5165 of this title](/usc/42/5165.md), the extent to which the activities identified under [paragraph (6)](#g-6) are consistent with the mitigation plan; - (8) the opportunity to [fund](/usc/42/12854.md?p=3) activities that maximize net benefits to society; - (9) the extent to which assistance will [fund](/usc/42/12854.md?p=3) mitigation activities in [small impoverished communities](#a); - (10) the extent to which the [State](/usc/42/5122.md?p=4), local, [Indian](/usc/42/6862.md?p=6) tribal, or territorial government has facilitated the adoption and enforcement of the latest published editions of relevant consensus-based codes, specifications, and [standards](/usc/42/1320d.md?p=7), including amendments made by [State](/usc/42/5122.md?p=4), local, [Indian](/usc/42/6862.md?p=6) tribal, or territorial governments during the adoption process that incorporate the latest [hazard](/usc/42/5165f.md?p=a-3)-resistant designs and establish criteria for the design, [construction](/usc/42/7479.md?p=2-C), and maintenance of residential structures and [facilities](/usc/42/11049.md?p=4) that may be eligible for assistance under this chapter for the purpose of protecting the health, safety, and general welfare of the [buildings](/usc/42/6881.md?p=i-3)’ users against [disasters](/usc/42/5204.md?p=2); - (11) the extent to which the assistance will [fund](/usc/42/12854.md?p=3) activities that increase the level of resiliency; and - (12) such other criteria as the President establishes in consultation with [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8). - (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)](#h-1), the President may contribute up to 90 percent of the total cost of a mitigation activity carried out in a [small impoverished community](#a). - (i) **National public infrastructure predisaster mitigation assistance—** - (1) **In general—** The President may set aside from the [Disaster](/usc/42/5204.md?p=2) Relief [Fund](/usc/42/12854.md?p=3), with respect to each [major disaster](/usc/42/5122.md?p=2), an amount equal to 6 percent of the estimated aggregate amount of the grants to be made pursuant to sections [5170b](/usc/42/5170b.md), [5172](/usc/42/5172.md), [5173](/usc/42/5173.md), [5174](/usc/42/5174.md), [5177](/usc/42/5177.md), [5183](/usc/42/5183.md), and [5189f](/usc/42/5189f.md) of this title for the [major disaster](/usc/42/5122.md?p=2) 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](/usc/42/5122.md?p=2) under this chapter. - (2) **Estimated aggregate amount—** Not later than 180 days after each [major disaster](/usc/42/5122.md?p=2) [declaration](/usc/42/247d–6e.md?p=e-4) pursuant to this chapter, the estimated aggregate amount of grants for purposes of [paragraph (1)](#i-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)](#i-1) shall not reduce the amounts otherwise made available for sections [5170b](/usc/42/5170b.md), [5170c](/usc/42/5170c.md), [5172](/usc/42/5172.md), [5173](/usc/42/5173.md), [5174](/usc/42/5174.md), [5177](/usc/42/5177.md), [5183](/usc/42/5183.md), and [5189f](/usc/42/5189f.md) 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](/usc/42/5165f.md?p=a-3) data concerning each type of [natural disaster](/usc/42/18711.md?p=a-3) is identified simultaneously for the purpose of showing areas of [hazard](/usc/42/5165f.md?p=a-3) overlap. - (2) **Development of maps—** In consultation with [States](/usc/42/5122.md?p=4), [local governments](/usc/42/5122.md?p=8), and appropriate [Federal agencies](/usc/42/5122.md?p=9), the President shall develop [multihazard advisory maps](#j-1) for areas, in not fewer than five [States](/usc/42/5122.md?p=4), that are subject to commonly recurring [natural hazards](/usc/42/300j–19a.md?p=l-1) (including flooding, hurricanes and severe winds, and seismic events). - (3) **Use of technology—** In developing [multihazard advisory maps](#j-1) under this subsection, the President shall use, to the maximum extent practicable, the most [cost-effective](/usc/42/1396e.md?p=e-2) and efficient technology available. - (4) **Use of maps—** - (A) **Advisory nature—** The [multihazard advisory maps](#j-1) 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](/usc/42/12181.md?p=6). - (B) **Availability of maps—** The [multihazard advisory maps](#j-1) shall be made available to the appropriate [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) for the purposes of— - (i) informing the general public about the risks of [natural hazards](/usc/42/300j–19a.md?p=l-1) in the areas described in [paragraph (2)](#j-2); - (ii) supporting the activities described in [subsection (e)](#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](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8), 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](/usc/42/274l–1.md?p=4) established under this section to capable [States](/usc/42/5122.md?p=4). - (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](/usc/42/12302.md?p=1) of the House of [Representatives](/usc/42/3058f.md?p=5) 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](/usc/42/5122.md?p=4), locality, or Congressional district, other than through a statutory or administrative formula-driven or competitive award process. - (2) **Prohibition—** None of the [funds](/usc/42/12854.md?p=3) appropriated or otherwise made available to carry out this section may be used for [congressionally directed spending](#l-1). - (3) **Certification to Congress—** The [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall submit to Congress a certification regarding whether all financial assistance under this section was awarded in accordance with this section. # §5134. Interagency task force - (a) **In general—** The President shall establish a Federal interagency [task force](/usc/42/242q–4.md?p=3) for the purpose of coordinating the implementation of predisaster [hazard](/usc/42/5165f.md?p=a-3) mitigation [programs](/usc/42/274l–1.md?p=4) administered by the Federal Government. - (b) **Chairperson—** The [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall serve as the chairperson of the [task force](/usc/42/242q–4.md?p=3). - (c) **Membership—** The membership of the [task force](/usc/42/242q–4.md?p=3) shall include [representatives](/usc/42/3058f.md?p=5) of— - (1) relevant [Federal agencies](/usc/42/5122.md?p=9); - (2) [State](/usc/42/5122.md?p=4) and [local government](/usc/42/5122.md?p=8) organizations (including [Indian tribes](/usc/42/300f.md?p=14)); and - (3) the American Red Cross. # §5135. Grants to entities for establishment of hazard mitigation revolving loan funds - (a) **General authority—** - (1) **In general—** The [Administrator](#m-1) may enter into [agreements](/usc/42/1320b–8.md?p=a-3-A) with [eligible entities](/usc/42/296.md?p=1) to make capitalization grants to such entities for the establishment of [hazard](/usc/42/5165f.md?p=a-3) mitigation revolving loan [funds](/usc/42/12854.md?p=3) (referred to in this section as “entity loan [funds](/usc/42/12854.md?p=3)”) for providing funding assistance to [local governments](/usc/42/5122.md?p=8) to carry out [eligible projects](/usc/42/16511.md?p=3) under this section to reduce [disaster](/usc/42/5204.md?p=2) 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](/usc/42/5204.md?p=2) payments. - (2) **Agreements—** Any [agreement](/usc/42/1320b–8.md?p=a-3-A) entered into under this section shall require the [participating entity](#m-6) to— - (A) comply with the requirements of this section; and - (B) use accounting, audit, and fiscal procedures conforming to generally accepted accounting [standards](/usc/42/1320d.md?p=7). - (b) **Application—** - (1) **In general—** To be eligible to receive a capitalization grant under this section, an [eligible entity](/usc/42/256a.md?p=l-1) shall submit to the [Administrator](#m-1) an application that includes the following: - (A) [Project](/usc/42/11360.md?p=20) proposals comprised of [local government](/usc/42/5122.md?p=8) [hazard](/usc/42/5165f.md?p=a-3) mitigation [projects](/usc/42/11360.md?p=20), 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](/usc/42/5122.md?p=2) vulnerabilities impacting the entity that demonstrates a risk to life and property. - (C) A description of how the [hazard mitigation plan](#m-4) of the entity has or has not taken the vulnerabilities described in [subparagraph (B)](#b-1-B) into account. - (D) A description about how the [projects](/usc/42/11360.md?p=20) described in [subparagraph (A)](#b-1-A) could conform with the [hazard mitigation plan](#m-4) of the entity and of the [unit of local government](/usc/42/6372.md?p=2). - (E) A proposal of the systematic and regional approach to achieve [resilience](/usc/42/300j–19a.md?p=l-1) 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](#m-9). - (2) **Technical assistance—** The [Administrator](#m-1) shall provide technical assistance to [eligible entities](/usc/42/296.md?p=1) 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](/usc/42/12854.md?p=3) that complies with the requirements of this subsection. - (2) **Fund management—** Except as provided in [paragraph (3)](#c-3), entity loan [funds](/usc/42/12854.md?p=3) shall— - (A) be administered by the [agency](#m-2) responsible for [emergency](/usc/42/5122.md?p=1) management; and - (B) include only— - (i) [funds](/usc/42/12854.md?p=3) provided by a capitalization grant under this section; - (ii) repayments of loans under this section to the entity loan [fund](/usc/42/12854.md?p=3); and - (iii) interest earned on amounts in the entity loan [fund](/usc/42/12854.md?p=3). - (3) **Administration—** A [participating entity](#m-6) may combine the financial administration of the entity loan [fund](/usc/42/12854.md?p=3) of such entity with the financial administration of any other revolving [fund](/usc/42/12854.md?p=3) established by such entity if the [Administrator](#m-1) determines that— - (A) the capitalization grant, entity share, repayments of loans, and interest earned on amounts in the entity loan [fund](/usc/42/12854.md?p=3) are accounted for separately from other amounts in the revolving [fund](/usc/42/12854.md?p=3); and - (B) the authority to establish assistance priorities and carry out oversight activities remains in the control of the entity [agency](#m-2) responsible for [emergency](/usc/42/5122.md?p=1) management. - (4) **Entity share of funds—** - (A) **In general—** On or before the date on which a [participating entity](#m-6) receives a capitalization grant under this section, the entity shall deposit into the entity loan [fund](/usc/42/12854.md?p=3) 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](#m-6) deposits in the entity loan [fund](/usc/42/12854.md?p=3) of the entity an amount that is less than 10 percent of the total amount of the capitalization grant that the [participating entity](#m-6) would otherwise receive, the [Administrator](#m-1) 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](#m-1) shall apportion [funds](/usc/42/12854.md?p=3) made available to carry out this section to entities that have entered into an [agreement](/usc/42/1320b–8.md?p=a-3-A) under [subsection (a)(2)](#a-2) in amounts as determined by the [Administrator](#m-1). - (2) **Reservation of funds—** The [Administrator](#m-1) shall reserve not more than 2.5 percent of the amount made available to carry out this section for the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](#m-2) for— - (A) administrative costs incurred in carrying out this section; and - (B) providing technical assistance to [participating entities](#m-6) under [subsection (b)(2)](#b-2). - (3) **Priority—** In the apportionment of capitalization grants under this subsection, the [Administrator](#m-1) shall give priority to entity applications under [subsection (b)](#b) that— - (A) propose [projects](/usc/42/11360.md?p=20) increasing [resilience](/usc/42/300j–19a.md?p=l-1) and reducing risk of harm to natural and built infrastructure; - (B) involve a partnership between two or more [eligible entities](/usc/42/296.md?p=1) to carry out a [project](/usc/42/11360.md?p=20) or similar [projects](/usc/42/11360.md?p=20); - (C) take into account regional impacts of [hazards](/usc/42/5165f.md?p=a-3) 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](#m-9); or - (D) propose [projects](/usc/42/11360.md?p=20) for the [resilience](/usc/42/300j–19a.md?p=l-1) 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](/usc/42/5122.md?p=8) and [Tribal governments](/usc/42/804.md?p=d-3)), power and water production and distribution centers, and bridges and waterways essential to interstate [commerce](/usc/42/6311.md?p=7). - (e) **Environmental review of revolving loan fund projects—** The [Administrator](#m-1) may delegate to a [participating entity](#m-6) 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](/usc/42/4321.md) et seq.), and other applicable Federal environmental laws including the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) et seq.) and the National Historic Preservation Act of 1966 ([54 U.S.C. 300101](/usc/54/300101.md) et seq.) that would apply to the [Administrator](#m-1) were the [Administrator](#m-1) to undertake [projects](/usc/42/11360.md?p=20) under this section as Federal [projects](/usc/42/11360.md?p=20) so long as the [participating entity](#m-6) carries out such responsibilities in the same manner and subject to the same requirements as if the [Administrator](#m-1) carried out such responsibilities. - (f) **Use of funds—** - (1) **Types of assistance—** Amounts deposited in an entity loan [fund](/usc/42/12854.md?p=3), 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](/usc/42/11360.md?p=20) and all loans made under this subparagraph will be fully amortized— - (I) not later than 20 years after the date on which the [project](/usc/42/11360.md?p=20) is completed; or - (II) for [projects](/usc/42/11360.md?p=20) in a [low-income geographic area](#m-5), not later than 30 years after the date on which the [project](/usc/42/11360.md?p=20) is completed and not longer than the expected design life of the [project](/usc/42/11360.md?p=20); - (iii) the loan [recipient](/usc/42/2996a.md?p=6) of a loan under this subparagraph establishes a dedicated source of revenue for repayment of the loan; - (iv) the loan [recipient](/usc/42/2996a.md?p=6) of a loan under this subparagraph has a [hazard mitigation plan](#m-4) that has been approved by the [Administrator](#m-1); and - (v) the entity loan [fund](/usc/42/12854.md?p=3) 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](/usc/42/5165.md) not to exceed 10 percent of the capitalization grants made to the [participating entity](#m-6) in a fiscal year; - (C) for the reasonable costs of administering the [fund](/usc/42/12854.md?p=3) 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](#m-6) in a fiscal year, or 1 percent of the value of the entity loan [fund](/usc/42/12854.md?p=3), 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](/usc/42/12854.md?p=3). - (2) **Prohibition on determination that loan is a duplication—** In carrying out this section, the [Administrator](#m-1) may not determine that a loan is a duplication of assistance or [programs](/usc/42/274l–1.md?p=4) under this chapter. - (3) **Projects and activities eligible for assistance—** Except as provided in this subsection, a [participating entity](#m-6) may use [funds](/usc/42/12854.md?p=3) in the entity loan [fund](/usc/42/12854.md?p=3) to provide financial assistance for [projects](/usc/42/11360.md?p=20) or activities that mitigate the impacts of [natural hazards](/usc/42/300j–19a.md?p=l-1) 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](/usc/42/7479.md?p=2-C), repair, or replacement of a non-Federal levee or other flood control structure, provided that the [Administrator](#m-1), in consultation with the Army [Corps](/usc/42/12626.md?p=3) of Engineers (if appropriate), requires an [eligible entity](/usc/42/256a.md?p=l-1) to determine that such levee or structure is designed, constructed, and maintained in accordance with sound engineering [practices](/usc/42/17061.md?p=19) and [standards](/usc/42/1320d.md?p=7) 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](#m-6) may use not more than 10 percent of a capitalization grant under this section to enable [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/5122.md?p=8) 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](#m-9) 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](/usc/42/9601.md?p=23) 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 stormwater best management [practices](/usc/42/17061.md?p=19), [exchange](/usc/42/300gg–91.md?p=d-21) 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](/usc/42/6881.md?p=i-3) [projects](/usc/42/11360.md?p=20) 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](/usc/42/5204.md?p=2) impacts. - (5) **Establishing and carrying out building code enforcement—** A [participating entity](#m-6) may use capitalization grants under this section to enable [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/5122.md?p=8) to establish and carry out the latest published editions of relevant [building](/usc/42/6881.md?p=i-3) codes, specifications, and [standards](/usc/42/1320d.md?p=7) for the purpose of protecting the health, safety, and general welfare of the [building](/usc/42/6881.md?p=i-3)’s users against [disasters](/usc/42/5204.md?p=2) and [natural hazards](/usc/42/300j–19a.md?p=l-1). - (6) **Administrative and technical costs—** For each fiscal year, a [participating entity](#m-6) may use the amount described in [paragraph (1)(C)](#f-1-C) to— - (A) pay the reasonable costs of administering the [programs](/usc/42/274l–1.md?p=4) under this section, including the cost of establishing an entity loan [fund](/usc/42/12854.md?p=3); and - (B) provide technical assistance to [recipients](/usc/42/2996a.md?p=6) of financial assistance from the entity loan [fund](/usc/42/12854.md?p=3), 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](#m-6) may not provide an amount equal to or more than $5,000,000 to a [single](/usc/42/2304.md?p=m) [hazard](/usc/42/5165f.md?p=a-3) mitigation [project](/usc/42/11360.md?p=20). - (8) **Requirements—** For fiscal year 2022 and each fiscal year thereafter, the requirements of subchapter IV of [chapter 31](/usc/40/chstII-ptA-ch31.md) of title 40 shall apply to the [construction](/usc/42/7479.md?p=2-C) of [projects](/usc/42/11360.md?p=20) carried out in whole or in part with assistance made available by an entity loan [fund](/usc/42/12854.md?p=3) authorized by this section. - (g) **Intended use plans—** - (1) **In general—** After providing for public comment and review, and consultation with appropriate government [agencies](#m-2) of the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6), [Federal agencies](/usc/42/5122.md?p=9), and interest groups, each [participating entity](#m-6) shall annually prepare and submit to the [Administrator](#m-1) a plan identifying the intended uses of the entity loan [fund](/usc/42/12854.md?p=3). - (2) **Contents of plan—** An entity intended use plan prepared under [paragraph (1)](#g-1) shall include— - (A) the integration of entity planning efforts, including entity [hazard mitigation plans](#m-4) and other [programs](/usc/42/274l–1.md?p=4) and [initiatives](/usc/42/19131.md?p=1) relating to mitigation of [major disasters](/usc/42/5122.md?p=2) carried out by such entity; - (B) an explanation of the mitigation and resiliency benefits the entity intends to achieve by— - (i) reducing future damage and loss associated with [hazards](/usc/42/5165f.md?p=a-3); - (ii) reducing the number of [severe repetitive loss structures](#m-8) and [repetitive loss structures](/usc/42/4104c.md?p=h-2) in the entity; - (iii) decreasing the number of insurance [claims](/usc/42/1320a–7a.md?p=i-2) in the entity from injuries resulting from [major disasters](/usc/42/5122.md?p=2) or other [natural hazards](/usc/42/300j–19a.md?p=l-1); and - (iv) increasing the rating under the community rating system under [section 4022(b) of this title](/usc/42/4022.md?p=b) for communities in the entity; - (C) information on the availability of, and application process for, financial assistance from the entity loan [fund](/usc/42/12854.md?p=3) of such entity; - (D) the criteria and methods established for the distribution of [funds](/usc/42/12854.md?p=3); - (E) the amount of financial assistance that the entity anticipates apportioning; - (F) the expected terms of the assistance provided from the entity loan [fund](/usc/42/12854.md?p=3); and - (G) a description of the financial status of the entity loan [fund](/usc/42/12854.md?p=3), including short-term and long-term goals for the [fund](/usc/42/12854.md?p=3). - (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](#m-6) shall— - (A) conduct an audit of the entity loan [fund](/usc/42/12854.md?p=3) established under [subsection (c)](#c); and - (B) provide to the [Administrator](#m-1) a report including— - (i) the result of any such audit; and - (ii) a review of the effectiveness of the entity loan [fund](/usc/42/12854.md?p=3) 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)](#g). - (2) **Publication—** A [participating entity](#m-6) shall publish and periodically update information about all [projects](/usc/42/11360.md?p=20) receiving funding from the entity loan [fund](/usc/42/12854.md?p=3) of such entity, including— - (A) the location of the [project](/usc/42/11360.md?p=20); - (B) the type and amount of assistance provided from the entity loan [fund](/usc/42/12854.md?p=3); - (C) the expected funding schedule; and - (D) the anticipated date of completion of the [project](/usc/42/11360.md?p=20). - (3) **Oversight—** - (A) **In general—** The [Administrator](#m-1) shall, at least every 4 years, conduct reviews and audits as may be determined necessary or appropriate by the [Administrator](#m-1) to carry out the objectives of this section and determine the effectiveness of the [fund](/usc/42/12854.md?p=3) in reducing [natural hazard](/usc/42/300j–19a.md?p=l-1) risk. - (B) **GAO requirements—** A [participating entity](#m-6) shall conduct audits under [paragraph (1)](#h-1) in accordance with the auditing procedures of the Government Accountability [Office](/usc/42/3058f.md?p=1), including generally accepted government auditing [standards](/usc/42/1320d.md?p=7). - (C) **Recommendations by Administrator—** The [Administrator](#m-1) may at any time make recommendations for or require specific changes to an entity loan [fund](/usc/42/12854.md?p=3) in order to improve the effectiveness of the [fund](/usc/42/12854.md?p=3). - (i) **Regulations or guidance—** The [Administrator](#m-1) shall issue such regulations or guidance as are necessary to— - (1) ensure that each [participating entity](#m-6) uses [funds](/usc/42/12854.md?p=3) as efficiently as possible; - (2) reduce waste, fraud, and abuse to the maximum extent possible; and - (3) require any party that receives [funds](/usc/42/12854.md?p=3) directly or indirectly under this section, including a [participating entity](#m-6) and a [recipient](/usc/42/2996a.md?p=6) of amounts from an entity loan [fund](/usc/42/12854.md?p=3), to use procedures with respect to the management of the [funds](/usc/42/12854.md?p=3) that conform to generally accepted accounting [standards](/usc/42/1320d.md?p=7). - (j) **Waiver authority—** Until such time as the [Administrator](#m-1) issues final regulations to implement this section, the [Administrator](#m-1) may— - (1) waive notice and comment rulemaking, if the [Administrator](#m-1) determines the waiver is necessary to expeditiously implement this section; and - (2) provide capitalization grants under this section as a pilot [program](/usc/42/274l–1.md?p=4). - (k) **Liability protections—** The [Agency](#m-2) shall not be liable for any [claim](/usc/42/1320a–7a.md?p=i-2) based on the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty by the [Agency](#m-2), or an [employee](/usc/42/1320a–7h.md?p=e-7) of the [Agency](#m-2) in carrying out this section. - (l) **GAO report—** Not later than 1 year after the date on which the first entity loan [fund](/usc/42/12854.md?p=3) is established under [subsection (c)](#c), the Comptroller General of the [United States](/usc/42/5122.md?p=3) 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](/usc/42/3058f.md?p=5) a report that examines— - (1) the appropriateness of regulations and guidance issued by the [Administrator](#m-1) for the [program](/usc/42/274l–1.md?p=4), including any oversight of the [program](/usc/42/274l–1.md?p=4); - (2) a description of the number of the entity loan [funds](/usc/42/12854.md?p=3) established, the [projects](/usc/42/11360.md?p=20) funded from such entity loan [funds](/usc/42/12854.md?p=3), and the extent to which [projects](/usc/42/11360.md?p=20) funded by the loan [funds](/usc/42/12854.md?p=3) adhere to any applicable [hazard mitigation plans](#m-4); - (3) the effectiveness of the entity loan [funds](/usc/42/12854.md?p=3) to lower [disaster](/usc/42/5204.md?p=2) related costs; and - (4) recommendations for improving the administration of entity loan [funds](/usc/42/12854.md?p=3). - (m) **Definitions—** In this section, the following definitions apply: - (1) **Administrator—** The term “Administrator” means the Administrator of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](#m-2). - (2) **Agency—** The term “Agency” means the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency. - (3) **Eligible entity—** The term “[eligible entity](/usc/42/256a.md?p=l-1)” means a [State](/usc/42/5122.md?p=4) or an [Indian tribal government](/usc/42/5122.md?p=6) that has received a [major disaster](/usc/42/5122.md?p=2) [declaration](/usc/42/247d–6e.md?p=e-4) pursuant to [section 5170 of this title](/usc/42/5170.md). - (4) **Hazard mitigation plan—** The term “hazard mitigation plan” means a mitigation plan submitted under [section 5165 of this title](/usc/42/5165.md). - (5) **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](/usc/42/3161.md?p=a). - (6) **Participating entity—** The term “participating entity” means an [eligible entity](/usc/42/256a.md?p=l-1) that has entered into an [agreement](/usc/42/1320b–8.md?p=a-3-A) under this section. - (7) **Repetitive loss structure—** The term “[repetitive loss structure](/usc/42/4104c.md?p=h-2)” has the meaning given the term in [section 4121 of this title](/usc/42/4121.md). - (8) **Severe repetitive loss structure—** The term “severe repetitive loss structure” has the meaning given the term in [section 4104c(h) of this title](/usc/42/4104c.md?p=h). - (9) **Wildland-urban interface—** The term “wildland-urban interface” has the meaning given the term in [section 6511 of title 16](/usc/16/6511.md). - (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. # §5136. Natural hazard risk assessment - (a) **Definitions—** In this section: - (1) **Community disaster resilience zone—** The term “community disaster resilience zone” means a census tract designated by the President under [subsection (d)(1)](#d-1). - (2) **Eligible entity—** The term “eligible entity” means— - (A) a [State](/usc/42/5122.md?p=4); - (B) an [Indian tribal government](/usc/42/5122.md?p=6); or - (C) a [local government](/usc/42/5122.md?p=8). - (b) **Products—** The President shall continue to maintain a [natural hazard](/usc/42/300j–19a.md?p=l-1) [assessment program](/usc/42/10362.md?p=3) that develops and maintains products that— - (1) are available to the public; and - (2) define [natural hazard](/usc/42/300j–19a.md?p=l-1) risk across the [United States](/usc/42/5122.md?p=3). - (c) **Features—** The products maintained under [subsection (b)](#b) shall, for lands within [States](/usc/42/5122.md?p=4) and areas under the jurisdiction of [Indian tribal governments](/usc/42/5122.md?p=6)— - (1) show the risk of [natural hazards](/usc/42/300j–19a.md?p=l-1); and - (2) include ratings and data for— - (A) loss exposure, including population equivalence, [buildings](/usc/42/6881.md?p=i-3), and agriculture; - (B) social vulnerability; - (C) community [resilience](/usc/42/300j–19a.md?p=l-1); and - (D) any other element determined by the President. - (d) **Community disaster resilience zones designation—** - (1) **In general—** Not later than 30 days after the date on which the President makes the update and enhancement required under [subsection (e)(4)](#e-4), and not less frequently than every 5 years thereafter, the President shall identify and designate [community disaster resilience zones](#a-1), which shall be— - (A) the 50 census tracts assigned the highest individual [hazard](/usc/42/5165f.md?p=a-3) risk ratings; and - (B) subject to [paragraph (3)](#d-3), in each [State](/usc/42/5122.md?p=4), not less than 1 percent of census tracts that are assigned high individual risk ratings. - (2) **Risk ratings—** In carrying out [paragraph (1)](#d-1), the President shall use census tract risk ratings derived from a product maintained under [subsection (b)](#b) that— - (A) reflect— - (i) high levels of individual [hazard](/usc/42/5165f.md?p=a-3) risk ratings based on an assessment of the intersection of— - (I) loss to population equivalence; - (II) [building](/usc/42/6881.md?p=i-3) value; and - (III) agriculture value; - (ii) high social vulnerability ratings and low community [resilience](/usc/42/300j–19a.md?p=l-1) ratings; and - (iii) any other elements determined by the President; and - (B) reflect the principal [natural hazard](/usc/42/300j–19a.md?p=l-1) risks identified for the respective census tracts. - (3) **Geographic balance—** In identifying and designating the [community disaster resilience zones](#a-1) described in [paragraph (1)(B)](#d-1-B)— - (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and - (B) the President shall include census tracts on Tribal lands located within a [State](/usc/42/5122.md?p=4). - (4) **Duration—** The designation of a [community disaster resilience zone](#a-1) under [paragraph (1)](#d-1) shall be effective for a period of not less than 5 years. - (e) **Review and update—** Not later than 180 days after December 20, 2022, and not less frequently than every 5 years thereafter, the President shall— - (1) with respect to any product that is a [natural hazard](/usc/42/300j–19a.md?p=l-1) risk assessment— - (A) review the underlying methodology of the product; and - (B) receive public input on the methodology and data used for the product; - (2) consider including additional data in any product that is a [natural hazard](/usc/42/300j–19a.md?p=l-1) risk assessment, such as— - (A) the most recent census tract data; - (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on [housing](/usc/42/1490p–2.md?p=r-3) characteristics and [income](/usc/42/292s.md?p=c-4); - (C) information relating to development, improvements, and [hazard](/usc/42/5165f.md?p=a-3) mitigation measures; - (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; - (E) data from the [Resilience](/usc/42/300j–19a.md?p=l-1) Analysis and Planning Tool of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency; and - (F) other information relevant to prioritizing areas that have— - (i) high risk levels of— - (I) [natural hazard](/usc/42/300j–19a.md?p=l-1) loss exposure, including population equivalence, [buildings](/usc/42/6881.md?p=i-3), infrastructure, and agriculture; and - (II) social vulnerability; and - (ii) low levels of community [resilience](/usc/42/300j–19a.md?p=l-1); - (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under [subsection (b)](#b); and - (4) update and enhance the products maintained under [subsection (b)](#b), as necessary. - (f) **Natural hazard risk assessment insights—** In determining additional data to include in products that are [natural hazard](/usc/42/300j–19a.md?p=l-1) risk assessments under [subsection (e)(2)](#e-2), the President shall consult with, at a minimum— - (1) the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency; - (2) the [Secretary](/usc/42/242q–4.md?p=2) of Agriculture and the Chief of the Forest Service; - (3) the [Secretary](/usc/42/242q–4.md?p=2) of [Commerce](/usc/42/6311.md?p=7), the [Administrator](/usc/42/4005.md?p=1) of the National Oceanic and Atmospheric Administration, the [Director](/usc/42/5061.md?p=1) of the Bureau of the Census, and the [Director](/usc/42/5061.md?p=1) of the National Institute of [Standards](/usc/42/1320d.md?p=7) and Technology; - (4) the [Secretary](/usc/42/242q–4.md?p=2) of Defense and the Commanding Officer of the [United States](/usc/42/5122.md?p=3) Army [Corps](/usc/42/12626.md?p=3) of Engineers; - (5) the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection Agency; - (6) the [Secretary](/usc/42/242q–4.md?p=2) of the Interior and the [Director](/usc/42/5061.md?p=1) of the [United States](/usc/42/5122.md?p=3) Geological Survey; - (7) the [Secretary](/usc/42/242q–4.md?p=2) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development; and - (8) the [Director](/usc/42/5061.md?p=1) of the Federal [Housing](/usc/42/1490p–2.md?p=r-3) Finance Agency. - (g) **Community disaster resilience zone—** With respect to financial assistance provided under [section 5133(i) of this title](/usc/42/5133.md?p=i) to perform a [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20) within, or that primarily benefits, a [community disaster resilience zone](#a-1), the President may increase the amount of the Federal share described under [section 5133(h) of this title](/usc/42/5133.md?p=h) to not more than 90 percent of the total cost of the [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20). - (h) **Resilience or mitigation project planning assistance—** - (1) **In general—** The President may provide financial, technical, or other assistance under this subchapter to an [eligible entity](#a-2) that plans to perform a [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20) within, or that primarily benefits, a [community disaster resilience zone](#a-1). - (2) **Purpose—** The purpose of assistance provided under [paragraph (1)](#h-1) shall be to carry out activities in preparation for a [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20) or seek an evaluation and certification under [subsection (i)(2)](#i-2) for a [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20) before the date on which permanent work of the [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20) begins. - (3) **Application—** If required by the President, an [eligible entity](#a-2) seeking assistance under [paragraph (1)](#h-1) shall submit an application in accordance with [subsection (i)(1)](#i-1). - (4) **Funding—** In providing assistance under [paragraph (1)](#h-1), the President may use amounts set aside under [section 5133(i) of this title](/usc/42/5133.md?p=i). - (i) **Community disaster resilience zone project applications—** - (1) **In general—** If required by the President or other Federal law, an [eligible entity](#a-2) shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. - (2) **Evaluation and certification—** - (A) **In general—** Not later than 120 days after the date on which an [eligible entity](#a-2) submits an application under [paragraph (1)](#i-1), the President shall evaluate the application to determine whether the [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20) that the entity plans to perform within, or that primarily benefits, a [community disaster resilience zone](#a-1)— - (i) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and [facilities](/usc/42/11049.md?p=4); and - (ii) substantially reduces the risk of, or increases [resilience](/usc/42/300j–19a.md?p=l-1) to, future damage, hardship, loss, or suffering. - (B) **Certification—** If the President determines that an application submitted under [paragraph (1)](#i-1) meets the criteria described in [subparagraph (A)](#i-2-A), the President shall certify the proposed [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20). - (C) **Effect of certification—** The certification of a proposed [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20) under [subparagraph (B)](#i-2-B) shall not be construed to exempt the [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20) from the requirements of any other law. - (3) **Projects causing displacement—** With respect to a [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20) certified under [paragraph (2)(B)](#i-2-B) that involves the displacement of a resident from any occupied [housing](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2), the entity performing the [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20) shall— - (A) provide, at the option of the resident, a suitable and habitable [housing](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2) that is, with respect to the [housing](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2) from which the resident is displaced— - (i) of a comparable size; - (ii) located in the same local community or a community with reduced [hazard](/usc/42/5165f.md?p=a-3) risk; and - (iii) offered under similar costs, conditions, and terms; - (B) ensure that property acquisitions resulting from the displacement and made in connection with the [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20)— - (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or [resilience](/usc/42/300j–19a.md?p=l-1); and - (ii) are the result of a voluntary decision by the resident; and - (C) plan for robust public participation in the [resilience](/usc/42/300j–19a.md?p=l-1) or mitigation [project](/usc/42/11360.md?p=20). # §5136a. Assistance and training for communities with technological hazards and related emerging threats - (a) **In general—** The [Administrator](/usc/42/4005.md?p=1) shall maintain the capacity to provide [States](/usc/42/5122.md?p=4), local, and [Indian Tribal governments](/usc/42/5122.md?p=6) with technological [hazards](/usc/42/5165f.md?p=a-3) and related emerging threats technical assistance, [training](/usc/42/285e–2.md?p=b-2), and other preparedness programming to build community [resilience](/usc/42/300j–19a.md?p=l-1) to technological [hazards](/usc/42/5165f.md?p=a-3) and related emerging threats. - (b) **Authorities—** The [Administrator](/usc/42/4005.md?p=1) shall carry out [subsection (a)](#a) in accordance with— - (1) the Robert T. Stafford [Disaster](/usc/42/5204.md?p=2) Relief and [Emergency](/usc/42/5122.md?p=1) Assistance Act ([42 U.S.C. 5121](/usc/42/5121.md) et seq.); - (2) [section 5196g of this title](/usc/42/5196g.md); and - (3) the Post-Katrina [Emergency](/usc/42/5122.md?p=1) Management Reform Act of 2006 (Public Law 109–295; 120 Stat. 1394). - (c) **Assessment and notification—** In carrying out [subsection (a)](#a), the [Administrator](/usc/42/4005.md?p=1) shall— - (1) use any available and appropriate multi-[hazard](/usc/42/5165f.md?p=a-3) risk assessment and mapping tools and capabilities to identify the communities that have the highest risk of and vulnerability to a technological [hazard](/usc/42/5165f.md?p=a-3) in each [State](/usc/42/5122.md?p=4); and - (2) ensure each [State](/usc/42/5122.md?p=4) and [Indian Tribal government](/usc/42/5122.md?p=6) is aware of— - (A) the communities identified under [paragraph (1)](#c-1); and - (B) the availability of programming under this section for— - (i) technological [hazards](/usc/42/5165f.md?p=a-3) and related emerging threats preparedness; and - (ii) [building](/usc/42/6881.md?p=i-3) community capability. - (d) **Report—** Not later than 1 year after December 23, 2022, and annually thereafter, the [Administrator](/usc/42/4005.md?p=1) shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on [Energy](/usc/42/6311.md?p=7) and Natural Resources of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5), the Committee on Homeland Security of the House of [Representatives](/usc/42/3058f.md?p=5), the Committee on Appropriations of the House of [Representatives](/usc/42/3058f.md?p=5), and the Committee on Transportation and Infrastructure of the House of [Representatives](/usc/42/3058f.md?p=5) a report relating to— - (1) actions taken to implement this section; and - (2) technological [hazards](/usc/42/5165f.md?p=a-3) and related emerging threats preparedness programming provided under this section during the 1-year period preceding the date of submission of the report. - (e) **Consultation—** The [Secretary](/usc/42/242q–4.md?p=2) of Homeland Security may seek continuing input relating to technological [hazards](/usc/42/5165f.md?p=a-3) and related emerging threats preparedness needs by consulting [State](/usc/42/5122.md?p=4), Tribal, territorial, and local [emergency](/usc/42/5122.md?p=1) services organizations and private sector stakeholders. - (f) **Coordination—** The [Secretary](/usc/42/242q–4.md?p=2) of Homeland Security shall coordinate with the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) relating to technological [hazard](/usc/42/5165f.md?p=a-3) preparedness and [training](/usc/42/285e–2.md?p=b-2) for a [hazard](/usc/42/5165f.md?p=a-3) that could result from activities or [facilities](/usc/42/11049.md?p=4) authorized or licensed by the Department of [Energy](/usc/42/6311.md?p=7). - (g) **Non-duplication of effort—** In carrying out activities under [subsection (a)](#a), the [Administrator](/usc/42/4005.md?p=1) shall ensure that such activities do not unnecessarily duplicate efforts of other Federal departments or agencies, including [programs](/usc/42/274l–1.md?p=4) within the Department of Health and Human Services. # §5141. Waiver of administrative conditions Any [Federal agency](/usc/42/5122.md?p=9) charged with the administration of a Federal assistance [program](/usc/42/274l–1.md?p=4) may, if so requested by the applicant [State](/usc/42/5122.md?p=4) or local authorities, modify or waive, for a [major disaster](/usc/42/5122.md?p=2), such administrative conditions for assistance as would otherwise prevent the giving of assistance under such [programs](/usc/42/274l–1.md?p=4) if the inability to meet such conditions is a result of the [major disaster](/usc/42/5122.md?p=2). # [§5142. Repealed. Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691 — repealed] # §5143. Coordinating officers - (a) **Appointment of Federal coordinating officer—** Immediately upon his [declaration](/usc/42/247d–6e.md?p=e-4) of a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1), 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](/usc/42/3058f.md?p=1) as he deems necessary and as are authorized by the President; - (3) coordinate the administration of relief, including activities of the [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8), the American National Red Cross, the Salvation Army, the Mennonite [Disaster](/usc/42/5204.md?p=2) Service, and other relief or [disaster](/usc/42/5204.md?p=2) 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](/usc/36/chstIII-ch3001.md) 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 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](/usc/42/5122.md?p=5) of the affected [State](/usc/42/5122.md?p=4) designate a [State](/usc/42/5122.md?p=4) coordinating officer for the purpose of coordinating [State](/usc/42/5122.md?p=4) and local [disaster](/usc/42/5204.md?p=2) assistance efforts with those of the Federal Government. - (d) **Single Federal coordinating officer for multistate area—** Where the area affected by a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) includes parts of more than 1 [State](/usc/42/5122.md?p=4), the President, at the discretion of the President, may appoint a [single](/usc/42/2304.md?p=m) 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. # §5144. Emergency support and response teams - (a) **Emergency support teams—** The President shall form [emergency](/usc/42/5122.md?p=1) support teams of Federal personnel to be deployed in an area affected by a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). Such [emergency](/usc/42/5122.md?p=1) 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](/usc/42/5122.md?p=9) is directed to detail to temporary duty with the [emergency](/usc/42/5122.md?p=1) 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](/usc/42/5122.md?p=9) as the President may need or believe to be useful for carrying out the functions of the [emergency](/usc/42/5122.md?p=1) support teams, each such detail to be without loss of seniority, pay, or other [employee](/usc/42/1320a–7h.md?p=e-7) status. - (b) **Emergency response teams—** - (1) **Establishment—** In carrying out [subsection (a)](#a), the President, acting through the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency, shall establish— - (A) at a minimum 3 national response teams; and - (B) sufficient regional response teams, including Regional [Office](/usc/42/3058f.md?p=1) strike teams under [section 317 of title 6](/usc/6/317.md); 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](/usc/42/4005.md?p=1) shall ensure that specific target capability levels, as defined pursuant to the guidelines established under [section 746(a) of title 6](/usc/6/746.md?p=a), are established for Federal [emergency](/usc/42/5122.md?p=1) response teams. - (3) **Personnel—** The President, acting through the [Administrator](/usc/42/4005.md?p=1), shall ensure that the Federal [emergency](/usc/42/5122.md?p=1) response teams consist of adequate numbers of properly planned, organized, equipped, trained, and exercised personnel to achieve the established target capability levels. Each [emergency](/usc/42/5122.md?p=1) response team shall work in coordination with [State](/usc/42/5122.md?p=4) and local officials and onsite personnel associated with a particular incident. - (4) **Readiness reporting—** The [Administrator](/usc/42/4005.md?p=1) shall evaluate team readiness on a regular basis and report team readiness levels in the report required under [section 752(a) of title 6](/usc/6/752.md?p=a). # [§5145. Repealed. Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691 — repealed] # [§5146. Repealed. Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691 — repealed] # §5147. Reimbursement of Federal agencies [Federal agencies](/usc/42/5122.md?p=9) may be reimbursed for expenditures under this chapter from [funds](/usc/42/12854.md?p=3) appropriated for the purposes of this chapter. Any [funds](/usc/42/12854.md?p=3) received by [Federal agencies](/usc/42/5122.md?p=9) as reimbursement for services or supplies furnished under the authority of this chapter shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies. # §5148. Nonliability of Federal Government The Federal Government shall not be liable for any [claim](/usc/42/1320a–7a.md?p=i-2) 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](/usc/42/5122.md?p=9) or an [employee](/usc/42/1320a–7h.md?p=e-7) of the Federal Government in carrying out the provisions of this chapter. # §5149. Performance of services - (a) **Utilization of services or facilities of State and local governments—** In carrying out the purposes of this chapter, any [Federal agency](/usc/42/5122.md?p=9) is authorized to accept and utilize the services or [facilities](/usc/42/11049.md?p=4) of any [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8), or of any agency, [office](/usc/42/3058f.md?p=1), or [employee](/usc/42/1320a–7h.md?p=e-7) 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 chapter, any [Federal agency](/usc/42/5122.md?p=9) 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](/usc/5.md) 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](/usc/42/ch51.md) and subchapter III of [chapter 53](/usc/42/ch53.md) of such title relating to classification and General Schedule pay rates; and - (3) to incur obligations on behalf of the [United States](/usc/42/5122.md?p=3) by contract or otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel, and communications, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred by an agency in such amount as may be made available to it by the President. - (c) **Appointment of temporary personnel in the Federal Emergency Management Agency—** The [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency is authorized to appoint temporary personnel, after serving continuously for 3 years, to positions in the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency in the same manner that competitive service [employees](/usc/42/1320a–7h.md?p=e-7) with competitive status are considered for transfer, reassignment, or promotion to such positions. An individual appointed under this subsection shall become a career-conditional [employee](/usc/42/1320a–7h.md?p=e-7), unless the [employee](/usc/42/1320a–7h.md?p=e-7) has already completed the service requirements for career tenure. - (d) **Personnel performing service responding to disasters and emergencies—** - (1) **USERRA employment and reemployment rights—** The protections, rights, benefits, and obligations provided under [chapter 43](/usc/38/chptIII-ch43.md) of title 38 shall apply to intermittent personnel appointed pursuant to [subsection (b)(1)](#b-1) to perform service to the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency under sections [5170](/usc/42/5170.md) and [5191](/usc/42/5191.md) of this title or to train for such service. - (2) **Notice of absence from position of employment—** Preclusion of giving notice of service by necessity of service under [subsection (b)(1)](#b-1) to perform service to the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency under sections [5170](/usc/42/5170.md) and [5191](/usc/42/5191.md) of this title or to train for such service shall be considered preclusion by “military necessity” for purposes of [section 4312(b) of title 38](/usc/38/4312.md?p=b) pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the [Administrator](/usc/42/4005.md?p=1) and shall not be subject to review in any judicial or administrative proceeding. # §5150. Use of local firms and individuals - (a) **Contracts or agreements with private entities—** - (1) **In general—** In the expenditure of Federal [funds](/usc/42/12854.md?p=3) for debris clearance, distribution of supplies, reconstruction, and other [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) assistance activities which may be carried out by contract or [agreement](/usc/42/1320b–8.md?p=a-3-A) 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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). - (2) **Construction—** This subsection shall not be considered to restrict the use of Department of Defense resources under this chapter in the provision of assistance in a [major disaster](/usc/42/5122.md?p=2). - (3) **Specific geographic area—** In carrying out this section, a contract or [agreement](/usc/42/1320b–8.md?p=a-3-A) may be set aside for award based on a specific [geographic area](/usc/42/11360.md?p=9). - (b) **Implementation—** - (1) **Contracts not to entities in area—** Any expenditure of Federal [funds](/usc/42/12854.md?p=3) for debris clearance, distribution of supplies, reconstruction, and other [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) assistance activities which may be carried out by contract or [agreement](/usc/42/1320b–8.md?p=a-3-A) 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](/usc/42/5122.md?p=2) shall be justified in writing in the contract file. - (2) **Transition—** Following the [declaration](/usc/42/247d–6e.md?p=e-4) of an [emergency](/usc/42/5122.md?p=1) or [major disaster](/usc/42/5122.md?p=2), 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](/usc/42/5122.md?p=1) or [major disaster](/usc/42/5122.md?p=2) to organizations, firms, and individuals residing or doing business primarily in any area affected by the [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1), unless the head of such agency determines that it is not feasible or practicable to do so. - (3) **Formulation of requirements—** The head of a [Federal agency](/usc/42/5122.md?p=9), 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](/usc/42/5122.md?p=9) to breach or renegotiate any contract in effect before the occurrence of a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). # §5151. Nondiscrimination in disaster assistance - (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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). 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 chapter or of receiving assistance under this chapter, governmental bodies and other organizations shall be required to comply with regulations relating to nondiscrimination promulgated by the President, and such other regulations applicable to activities within an area affected by a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) as he deems necessary for the effective coordination of relief efforts. # §5152. Use and coordination of relief organizations - (a) In providing relief and assistance under this chapter, the President may utilize, with their consent, the personnel and [facilities](/usc/42/11049.md?p=4) of the American National Red Cross, the Salvation Army, the Mennonite [Disaster](/usc/42/5204.md?p=2) Service, long-term recovery groups, domestic hunger relief, and other relief, or [disaster](/usc/42/5204.md?p=2) assistance organizations, in the distribution of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or reconstruction of community services [housing](/usc/42/1490p–2.md?p=r-3) and essential [facilities](/usc/42/11049.md?p=4), whenever the President finds that such utilization is necessary. - (b) The President is authorized to enter into [agreements](/usc/42/1320b–8.md?p=a-3-A) with the American National Red Cross, the Salvation Army, the Mennonite [Disaster](/usc/42/5204.md?p=2) Service, long-term recovery groups, domestic hunger relief, and other relief, or [disaster](/usc/42/5204.md?p=2) assistance organizations under which the [disaster](/usc/42/5204.md?p=2) 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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). Any such [agreement](/usc/42/1320b–8.md?p=a-3-A) shall include provisions assuring that use of [Federal facilities](/usc/42/17061.md?p=8), supplies, and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President under this chapter, and such other regulation as the President may require. # §5153. Priority to certain applications for public facility and public housing assistance - (a) **Priority—** In the processing of applications for assistance, priority and immediate consideration shall be given by the head of the appropriate [Federal agency](/usc/42/5122.md?p=9), during such period as the President shall prescribe, to applications from public bodies situated in areas affected by [major disasters](/usc/42/5122.md?p=2) under the following Acts: - (1) The [United States](/usc/42/5122.md?p=3) Housing Act of 1937 [[42 U.S.C. 1437](/usc/42/1437.md) et seq.] for the provision of low-[income](/usc/42/292s.md?p=c-4) [housing](/usc/42/1490p–2.md?p=r-3). - (2) [Sections 3502 to 3505](/usc/40/3502..3505.md) of title 40 for assistance in public works planning. - (3) The Community Development Block Grant [Program](/usc/42/274l–1.md?p=4) under title I of the [Housing](/usc/42/1490p–2.md?p=r-3) and Community Development Act of 1974 [[42 U.S.C. 5301](/usc/42/5301.md) et seq.]. - (4) [Section 1926 of title 7](/usc/7/1926.md). - (5) The Public Works and Economic Development Act of 1965 [[42 U.S.C. 3121](/usc/42/3121.md) et seq.]. - (6) Subtitle IV of [title 40](/usc/40.md). - (7) The Federal Water Pollution Control Act [[33 U.S.C. 1251](/usc/33/1251.md) et seq.]. - (b) **Obligation of certain discretionary funds—** In the obligation of discretionary [funds](/usc/42/12854.md?p=3) or [funds](/usc/42/12854.md?p=3) which are not allocated among the [States](/usc/42/5122.md?p=4) or political subdivisions of a [State](/usc/42/5122.md?p=4), the [Secretary](/usc/42/242q–4.md?p=2) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development and the [Secretary](/usc/42/242q–4.md?p=2) of [Commerce](/usc/42/6311.md?p=7) shall give priority to applications for [projects](/usc/42/11360.md?p=20) for [major disaster](/usc/42/5122.md?p=2) areas. # §5154. Insurance - (a) **Applicants for replacement of damaged facilities—** - (1) **Compliance with certain regulations—** An applicant for assistance under [section 5172 of this title](/usc/42/5172.md) (relating to repair, restoration, and replacement of damaged [facilities](/usc/42/11049.md?p=4)), [section 5189 of this title](/usc/42/5189.md) (relating to simplified procedure) or [section 3149(c)(2) of this title](/usc/42/3149.md?p=c-2) shall comply with regulations prescribed by the President to assure that, with respect to any property to be replaced, restored, repaired, or constructed with such assistance, such types and extent of insurance will be obtained and maintained as may be reasonably available, adequate, and necessary, to protect against future loss to such property. - (2) **Determination—** In making a determination with respect to availability, adequacy, and necessity under [paragraph (1)](#a-1), the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate [State](/usc/42/5122.md?p=4) insurance [commissioner](/usc/42/12302.md?p=1) responsible for regulation of such insurance. - (b) **Maintenance of insurance—** No applicant for assistance under [section 5172 of this title](/usc/42/5172.md) (relating to repair, restoration, and replacement of damaged [facilities](/usc/42/11049.md?p=4)), [section 5189 of this title](/usc/42/5189.md) (relating to simplified procedure), or [section 3149(c)(2) of this title](/usc/42/3149.md?p=c-2) may receive such assistance for any property or part thereof for which the applicant has previously received assistance under this chapter 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](/usc/42/5141.md). - (c) **State acting as self-insurer—** A [State](/usc/42/5122.md?p=4) may elect to act as a self-insurer with respect to any or all of the [facilities](/usc/42/11049.md?p=4) owned by the [State](/usc/42/5122.md?p=4). Such an election, if declared in writing at the time of acceptance of assistance under section [5172](/usc/42/5172.md) or [5189](/usc/42/5189.md) of this title or [section 3149(c)(2) of this title](/usc/42/3149.md?p=c-2) or subsequently and accompanied by a plan for self-insurance which is satisfactory to the President, shall be deemed compliance with [subsection (a)](#a). No such self-insurer may receive assistance under section [5172](/usc/42/5172.md) or [5189](/usc/42/5189.md) of this title for any property or part thereof for which it has previously received assistance under this chapter, to the extent that insurance for such property or part thereof would have been reasonably available. # §5154a. Prohibited flood disaster assistance - (a) **General prohibition—** Notwithstanding any other provision of law, no Federal [disaster](/usc/42/5204.md?p=2) relief assistance made available in a [flood disaster area](#d) may be used to make a payment (including any loan assistance payment) to a [person](/usc/42/1320a–7k.md?p=d-4-C-i) for repair, replacement, or restoration for damage to any personal, residential, or commercial property if that [person](/usc/42/1320a–7k.md?p=d-4-C-i) at any time has received flood [disaster](/usc/42/5204.md?p=2) assistance that was conditional on the [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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)](#b-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)](#b-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](/usc/42/5204.md?p=2), and - (C) Federal [disaster](/usc/42/5204.md?p=2) 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](/usc/42/5204.md?p=2) relief assistance provided with respect to the property. - (3) **Property described—** For purposes of [paragraph (1)](#b-1), a property is described in this paragraph if it is personal, commercial, or [residential property](/usc/42/2304.md?p=m) for which Federal [disaster](/usc/42/5204.md?p=2) relief assistance made available in a [flood disaster area](#d) has been provided, prior to the date on which the property is transferred, for repair, replacement, or restoration of the property, if such assistance was conditioned upon obtaining flood insurance in accordance with applicable Federal law with respect to such property. - (c) **Omitted—** - (d) **“Flood disaster area” defined—** For purposes of this section, the term “flood disaster area” means an area with respect to which— - (1) the [Secretary](/usc/42/242q–4.md?p=2) of Agriculture finds, or has found, to have been substantially affected by a [natural disaster](/usc/42/18711.md?p=a-3) in the [United States](/usc/42/5122.md?p=3) pursuant to [section 1961(a) of title 7](/usc/7/1961.md?p=a); or - (2) the President declares, or has declared, the existence of a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) pursuant to the Robert T. Stafford [Disaster](/usc/42/5204.md?p=2) Relief and [Emergency](/usc/42/5122.md?p=1) Assistance Act ([42 U.S.C. 5121](/usc/42/5121.md) et seq.), as a result of flood conditions existing in or affecting that area. - (e) **Effective date—** This section and the amendments made by this section shall apply to [disasters](/usc/42/5204.md?p=2) declared after September 23, 1994. # §5155. Duplication of benefits - (a) **General prohibition—** The President, in consultation with the head of each [Federal agency](/usc/42/5122.md?p=9) administering any [program](/usc/42/274l–1.md?p=4) providing financial assistance to [persons](/usc/42/1320a–7k.md?p=d-4-C-i), business concerns, or other entities suffering losses as a result of a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1), shall assure that no such [person](/usc/42/1320a–7k.md?p=d-4-C-i), 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](/usc/42/274l–1.md?p=4) 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](/usc/42/1320a–7k.md?p=d-4-C-i) who is or may be entitled to receive benefits for the same purposes from another source if such [person](/usc/42/1320a–7k.md?p=d-4-C-i) has not received such other benefits by the time of application for Federal assistance and if such [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) 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](/usc/42/1320a–7k.md?p=d-4-C-i) receiving Federal assistance for a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) shall be liable to the [United States](/usc/42/5122.md?p=3) to the extent that such assistance duplicates benefits available to the [person](/usc/42/1320a–7k.md?p=d-4-C-i) for the same purpose from another source. The agency which provided the duplicative assistance shall collect such duplicative assistance from the [recipient](/usc/42/2996a.md?p=6) in accordance with [chapter 37](/usc/31/chstIII-ch37.md) of title 31, relating to debt collection, when the head of such agency considers it to be in the best interest of the Federal Government. - (d) **Assistance not income—** Federal [major disaster](/usc/42/5122.md?p=2) and [emergency](/usc/42/5122.md?p=1) assistance provided to individuals and [families](/usc/42/12704.md?p=11) under this chapter, and comparable [disaster](/usc/42/5204.md?p=2) assistance provided by [States](/usc/42/5122.md?p=4), [local governments](/usc/42/5122.md?p=8), and [disaster](/usc/42/5204.md?p=2) assistance organizations, shall not be considered as [income](/usc/42/292s.md?p=c-4) or a resource when determining eligibility for or benefit levels under federally funded [income](/usc/42/292s.md?p=c-4) assistance or resource-tested benefit [programs](/usc/42/274l–1.md?p=4). # §5156. Standards and reviews The President shall establish comprehensive [standards](/usc/42/1320d.md?p=7) which shall be used to assess the efficiency and effectiveness of Federal [major disaster](/usc/42/5122.md?p=2) and [emergency](/usc/42/5122.md?p=1) assistance [programs](/usc/42/274l–1.md?p=4) administered under this chapter. The President shall conduct annual reviews of the activities of [Federal agencies](/usc/42/5122.md?p=9) and [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) in [major disaster](/usc/42/5122.md?p=2) and [emergency](/usc/42/5122.md?p=1) preparedness and in providing [major disaster](/usc/42/5122.md?p=2) and [emergency](/usc/42/5122.md?p=1) assistance in order to assure maximum coordination and effectiveness of such [programs](/usc/42/274l–1.md?p=4) and consistency in policies for reimbursement of [States](/usc/42/5122.md?p=4) under this chapter. # §5157. Penalties - (a) **Misuse of funds—** Any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who knowingly misapplies the proceeds of a loan or other cash benefit obtained under this chapter 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](/usc/42/1320a–7k.md?p=d-4-C-i) has violated or is about to violate any provision of this chapter, including any civil penalty imposed under this chapter, the [Attorney General](/usc/42/14902.md?p=6) may bring a civil action for such relief as may be appropriate. Such action may be brought in an appropriate [United States](/usc/42/5122.md?p=3) district court. - (c) **Referral to Attorney General—** The President shall expeditiously refer to the [Attorney General](/usc/42/14902.md?p=6) for appropriate action any evidence developed in the performance of functions under this chapter that may warrant consideration for criminal prosecution. - (d) **Civil penalty—** Any individual who knowingly violates any order or regulation issued under this chapter shall be subject to a civil penalty of not more than $5,000 for each [violation](/usc/42/2000e–16a.md?p=c). # §5158. Availability of materials The President is authorized, at the request of the [Governor](/usc/42/5122.md?p=5) of an affected [State](/usc/42/5122.md?p=4), to provide for a survey of [construction](/usc/42/7479.md?p=2-C) materials needed in the area affected by a [major disaster](/usc/42/5122.md?p=2) on an [emergency](/usc/42/5122.md?p=1) basis for [housing](/usc/42/1490p–2.md?p=r-3) repairs, replacement [housing](/usc/42/1490p–2.md?p=r-3), [public facilities](/usc/42/5122.md?p=10) 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](/usc/42/2021b.md?p=2) of such materials for a period of not more than one hundred and eighty days after such [major disaster](/usc/42/5122.md?p=2). Any [allocation](/usc/42/2021b.md?p=2) [program](/usc/42/274l–1.md?p=4) shall be implemented by the President to the extent possible, by working with and through those companies which traditionally supply [construction](/usc/42/7479.md?p=2-C) materials in the affected area. For the purposes of this section “[construction](/usc/42/7479.md?p=2-C) materials” shall include [building](/usc/42/6881.md?p=i-3) materials and materials required for repairing [housing](/usc/42/1490p–2.md?p=r-3), replacement [housing](/usc/42/1490p–2.md?p=r-3), [public facilities](/usc/42/5122.md?p=10) repairs and replacement, and for normal farm and business operations. # §5159. Protection of environment An action which is taken or assistance which is provided pursuant to section [5170a](/usc/42/5170a.md), [5170b](/usc/42/5170b.md), [5172](/usc/42/5172.md), [5173](/usc/42/5173.md), or [5192](/usc/42/5192.md) of this title, including such assistance provided pursuant to the procedures provided for in [section 5189 of this title](/usc/42/5189.md), which has the effect of restoring a [facility](/usc/42/11049.md?p=4) substantially to its condition prior to the [disaster](/usc/42/5204.md?p=2) or [emergency](/usc/42/5122.md?p=1), 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](/usc/42/4321.md) et seq.]. Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of 1969 to other Federal actions taken under this chapter or under any other provisions of law. # §5160. Recovery of assistance - (a) **Party liable—** Any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who intentionally [causes](/usc/42/9908.md?p=c-2) a condition for which Federal assistance is provided under this chapter or under any other Federal law as a result of a [declaration](/usc/42/247d–6e.md?p=e-4) of a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) under this chapter shall be liable to the [United States](/usc/42/5122.md?p=3) for the reasonable costs incurred by the [United States](/usc/42/5122.md?p=3) in responding to such [disaster](/usc/42/5204.md?p=2) or [emergency](/usc/42/5122.md?p=1) to the extent that such costs are attributable to the intentional act or omission of such [person](/usc/42/1320a–7k.md?p=d-4-C-i) which caused such condition. Such action for reasonable costs shall be brought in an appropriate [United States](/usc/42/5122.md?p=3) district court. - (b) **Rendering of care—** A [person](/usc/42/1320a–7k.md?p=d-4-C-i) shall not be liable under this section for costs incurred by the [United States](/usc/42/5122.md?p=3) as a result of actions taken or omitted by such [person](/usc/42/1320a–7k.md?p=d-4-C-i) in the course of rendering care or assistance in response to a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). # §5161. Audits and investigations - (a) **In general—** Subject to the provisions of [chapter 75](/usc/31/chstV-ch75.md) of title 31, relating to requirements for [single](/usc/42/2304.md?p=m) audits, the President shall conduct audits and investigations as necessary to assure compliance with this chapter, and in connection therewith may question such [persons](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/1320a–7k.md?p=d-4-C-i) relating to any activity undertaken or funded under this chapter. - (c) **State and local audits—** The President may require audits by [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) in connection with assistance under this chapter when necessary to assure compliance with this chapter or related regulations. # §5161a. Audit of contracts Notwithstanding any other provision of law, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall not reimburse a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8), an [Indian tribal government](/usc/42/5122.md?p=6) (as defined in [section 5122 of this title](/usc/42/5122.md)), or the [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A) (as defined in [section 5122 of this title](/usc/42/5122.md)) for any activities made pursuant to a contract entered into after August 1, 2017, that prohibits the [Administrator](/usc/42/4005.md?p=1) or the Comptroller General of the [United States](/usc/42/5122.md?p=3) from auditing or otherwise reviewing all aspects relating to the contract. # §5162. Advance of non-Federal share - (a) **In general—** The President may lend or advance to an eligible applicant or a [State](/usc/42/5122.md?p=4) the portion of assistance for which the [State](/usc/42/5122.md?p=4) is responsible under the [cost-sharing](/usc/42/18022.md?p=c-3-A) provisions of this chapter in any case in which— - (1) the [State](/usc/42/5122.md?p=4) is unable to assume its financial responsibility under such [cost-sharing](/usc/42/18022.md?p=c-3-A) provisions— - (A) with respect to concurrent, multiple [major disasters](/usc/42/5122.md?p=2) in a jurisdiction, or - (B) after incurring extraordinary costs as a result of a particular [disaster](/usc/42/5204.md?p=2); and - (2) the [damages](/usc/42/9601.md?p=6) caused by such [disasters](/usc/42/5204.md?p=2) or [disaster](/usc/42/5204.md?p=2) are so overwhelming and severe that it is not possible for the applicant or the [State](/usc/42/5122.md?p=4) to assume immediately their financial responsibility under this chapter. - (b) **Terms of loans and advances—** - (1) **In general—** Any loan or advance under this section shall be repaid to the [United States](/usc/42/5122.md?p=3). - (2) **Interest—** Loans and advances under this section shall bear interest at a rate determined by the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury, taking into consideration the current market yields on outstanding marketable obligations of the [United States](/usc/42/5122.md?p=3) 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. # §5163. Limitation on use of sliding scales No [geographic area](/usc/42/11360.md?p=9) shall be precluded from receiving assistance under this chapter solely by virtue of an arithmetic formula or sliding scale based on [income](/usc/42/292s.md?p=c-4) or population. # §5164. Rules and regulations The President may prescribe such rules and regulations as may be necessary and proper to carry out the provisions of this chapter, and may exercise, either directly or through such [Federal agency](/usc/42/5122.md?p=9) as the President may designate, any power or authority conferred to the President by this chapter. # §5165. Mitigation planning - (a) **Requirement of mitigation plan—** As a condition of receipt of an increased Federal share for [hazard](/usc/42/5165f.md?p=a-3) mitigation measures under [subsection (e)](#e), a [State](/usc/42/5122.md?p=4), local, or [tribal government](/usc/42/804.md?p=d-3) shall develop and submit for approval to the President a mitigation plan that outlines processes for identifying the [natural hazards](/usc/42/300j–19a.md?p=l-1), risks, and vulnerabilities of the area under the jurisdiction of the government. - (b) **Local and tribal plans—** Each mitigation plan developed by a local or [tribal government](/usc/42/804.md?p=d-3) shall— - (1) describe actions to mitigate [hazards](/usc/42/5165f.md?p=a-3), risks, and vulnerabilities identified under the plan; and - (2) establish a strategy to implement those actions. - (c) **State plans—** The [State](/usc/42/5122.md?p=4) process of development of a mitigation plan under this section shall— - (1) identify the [natural hazards](/usc/42/300j–19a.md?p=l-1), risks, and vulnerabilities of areas in the [State](/usc/42/5122.md?p=4); - (2) support development of local mitigation plans; - (3) provide for technical assistance to local and [tribal governments](/usc/42/804.md?p=d-3) for mitigation planning; and - (4) identify and prioritize mitigation actions that the [State](/usc/42/5122.md?p=4) will support, as resources become available. - (d) **Funding—** - (1) **In general—** Federal contributions under [section 5170c of this title](/usc/42/5170c.md) may be used to [fund](/usc/42/12854.md?p=3) the development and updating of mitigation plans under this section. - (2) **Maximum Federal contribution—** With respect to any mitigation plan, a [State](/usc/42/5122.md?p=4), local, or [tribal government](/usc/42/804.md?p=d-3) may use an amount of Federal contributions under [section 5170c of this title](/usc/42/5170c.md) 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](/usc/42/247d–6e.md?p=e-4) of a [major disaster](/usc/42/5122.md?p=2) or event under [section 5187 of this title](/usc/42/5187.md), a [State](/usc/42/5122.md?p=4) has in effect an approved mitigation plan under this section, the President may increase to 20 percent, with respect to the [major disaster](/usc/42/5122.md?p=2) or event under [section 5187 of this title](/usc/42/5187.md), the maximum percentage specified in the last sentence of [section 5170c(a) of this title](/usc/42/5170c.md?p=a). - (2) **Factors for consideration—** In determining whether to increase the maximum percentage under [paragraph (1)](#e-1), the President shall consider whether the [State](/usc/42/5122.md?p=4) 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. # §5165a. Minimum standards for public and private structures - (a) **In general—** As a condition of receipt of a [disaster](/usc/42/5204.md?p=2) loan or grant under this chapter— - (1) the [recipient](/usc/42/2996a.md?p=6) shall carry out any repair or [construction](/usc/42/7479.md?p=2-C) to be financed with the loan or grant in accordance with applicable [standards](/usc/42/1320d.md?p=7) of safety, decency, and sanitation and in conformity with applicable codes, specifications, and [standards](/usc/42/1320d.md?p=7); and - (2) the President may require safe land use and [construction](/usc/42/7479.md?p=2-C) [practices](/usc/42/17061.md?p=19), after adequate consultation with appropriate [State](/usc/42/5122.md?p=4) and [local government](/usc/42/5122.md?p=8) officials. - (b) **Evidence of compliance—** A [recipient](/usc/42/2996a.md?p=6) of a [disaster](/usc/42/5204.md?p=2) loan or grant under this chapter shall provide such evidence of compliance with this section as the President may require by regulation. # §5165b. Management costs - (a) **Definition of management cost—** In this section, the term “management cost” includes any indirect cost, any direct administrative cost, and any other administrative expense associated with a specific [project](/usc/42/11360.md?p=20) under a [major disaster](/usc/42/5122.md?p=2), [emergency](/usc/42/5122.md?p=1), or [disaster](/usc/42/5204.md?p=2) preparedness or mitigation activity or measure. - (b) **Establishment of management cost rates—** - (1) **In general—** Notwithstanding any other provision of law (including any administrative rule or guidance), the President shall by regulation implement [management cost](#a) rates, for grantees and subgrantees, that shall be used to determine contributions under this chapter for [management costs](#a). - (2) **Specific management costs—** The [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall provide the following percentage rates, in addition to the [eligible project](/usc/42/16511.md?p=3) costs, to cover direct and indirect costs of administering the following [programs](/usc/42/274l–1.md?p=4): - (A) **Hazard mitigation—** A grantee under [section 5170c of this title](/usc/42/5170c.md) may be reimbursed not more than 15 percent of the total amount of the grant award under such section of which not more than 10 percent may be used by the grantee and 5 percent by the subgrantee for such costs. - (B) **Public assistance—** A grantee under sections [5170b](/usc/42/5170b.md), [5172](/usc/42/5172.md), [5173](/usc/42/5173.md), and [5192](/usc/42/5192.md) of this title may be reimbursed not more than 12 percent of the total award amount under such sections, of which not more than 7 percent may be used by the grantee and 5 percent by the subgrantee for such costs. - (c) **Review—** The President shall review the [management cost](#a) rates established under [subsection (b)](#b) not later than 3 years after the date of establishment of the rates and periodically thereafter. # §5165c. Public notice, comment, and consultation requirements - (a) **Public notice and comment concerning new or modified policies—** - (1) **In general—** The President shall provide for public notice and opportunity for comment before adopting any new or [modified](/usc/42/7501.md?p=4) policy that— - (A) governs implementation of the public assistance [program](/usc/42/274l–1.md?p=4) administered by the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency under this chapter; and - (B) could result in a significant reduction of assistance under the [program](/usc/42/274l–1.md?p=4). - (2) **Application—** Any policy adopted under [paragraph (1)](#a-1) shall apply only to a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) 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](/usc/42/274l–1.md?p=4) to address specific conditions that relate to a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) that has been declared under this chapter, the President, to the maximum extent practicable, shall solicit the views and recommendations of grantees and subgrantees with respect to the [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) 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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1); or - (B) to change the terms of a written [agreement](/usc/42/1320b–8.md?p=a-3-A) to which the Federal Government is a party concerning the [declaration](/usc/42/247d–6e.md?p=e-4) of the [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). - (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](/usc/42/274l–1.md?p=4). # §5165d. Designation of Small State and Rural Advocate - (a) **In general—** The President shall designate in the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency a Small [State](/usc/42/5122.md?p=4) and Rural Advocate. - (b) **Responsibilities—** The Small [State](/usc/42/5122.md?p=4) and Rural Advocate shall be an advocate for the fair [treatment](/usc/42/11851.md?p=11) of small [States](/usc/42/5122.md?p=4) and rural communities in the provision of assistance under this chapter. - (c) **Duties—** The Small [State](/usc/42/5122.md?p=4) and Rural Advocate shall— - (1) participate in the [disaster](/usc/42/5204.md?p=2) [declaration](/usc/42/247d–6e.md?p=e-4) process under [section 5170 of this title](/usc/42/5170.md) and the [emergency declaration](/usc/42/1397h.md?p=c-2) process under [section 5191 of this title](/usc/42/5191.md), to ensure that the needs of rural communities are being addressed; - (2) assist small population [States](/usc/42/5122.md?p=4) in the preparation of requests for [major disaster](/usc/42/5122.md?p=2) or [emergency declarations](/usc/42/1397h.md?p=c-2); - (3) assist [States](/usc/42/5122.md?p=4) in the collection and presentation of material in the [disaster](/usc/42/5204.md?p=2) or [emergency declaration](/usc/42/1397h.md?p=c-2) request relevant to demonstrate severe localized impacts within the [State](/usc/42/5122.md?p=4) for a specific incident, including— - (A) the per capita personal [income](/usc/42/292s.md?p=c-4) by local area, as calculated by the Bureau of Economic Analysis; - (B) the [disaster](/usc/42/5204.md?p=2) impacted population profile, as reported by the Bureau of the Census, including— - (i) the percentage of the population for whom poverty status is determined; - (ii) the percentage of the population already receiving Government assistance such as Supplemental Security [Income](/usc/42/292s.md?p=c-4) and Supplemental Nutrition Assistance [Program](/usc/42/274l–1.md?p=4) benefits; - (iii) the pre-[disaster](/usc/42/5204.md?p=2) unemployment rate; - (iv) the percentage of the population that is 65 years old and older; - (v) the percentage of the population 18 years old and younger; - (vi) the percentage of the population with a disability; - (vii) the percentage of the population who speak a language other than English and speak English less than “very well”; and - (viii) any unique considerations regarding American [Indian](/usc/42/6862.md?p=6) and Alaskan Native Tribal populations raised in the [State](/usc/42/5122.md?p=4)’s request for a [major disaster](/usc/42/5122.md?p=2) [declaration](/usc/42/247d–6e.md?p=e-4) that may not be reflected in the data points referenced in this subparagraph; - (C) the impact to community infrastructure, including— - (i) disruptions to community life-saving and life-sustaining services; - (ii) disruptions or increased demand for essential community services; and - (iii) disruptions to transportation, infrastructure, and utilities; and - (D) any other information relevant to demonstrate severe local impacts; and - (4) conduct such other activities as the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency considers appropriate. # §5165e. Integrated plan for administrative cost reduction - (a) **In general—** Not later than 365 days after February 29, 2016, the [Administrator](/usc/42/4005.md?p=1) shall— - (1) develop and implement an integrated plan to control and reduce administrative costs for [major disasters](/usc/42/5122.md?p=2), which shall include— - (A) steps the Agency will take to reduce administrative costs; - (B) milestones needed for accomplishing the reduction of administrative costs; - (C) strategic goals for the average annual percentage of administrative costs of [major disasters](/usc/42/5122.md?p=2) for each fiscal year; - (D) the assignment of clear roles and responsibilities, including the designation of officials responsible for monitoring and measuring performance; and - (E) a timetable for implementation; - (2) compare the costs and benefits of tracking the administrative cost data for [major disasters](/usc/42/5122.md?p=2) by the public assistance, individual assistance, [hazard](/usc/42/5165f.md?p=a-3) mitigation, and mission assignment [programs](/usc/42/274l–1.md?p=4), and if feasible, track this information; and - (3) clarify Agency guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or subgrantee of a public assistance grant [program](/usc/42/274l–1.md?p=4). - (b) **Congressional update—** Not later than 90 days after February 29, 2016, the [Administrator](/usc/42/4005.md?p=1) shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of [Representatives](/usc/42/3058f.md?p=5) on the plan required to be developed under [subsection (a)(1)](#a-1). - (c) **Updates—** If the [Administrator](/usc/42/4005.md?p=1) modifies the plan or the timetable under [subsection (a)](#a), the [Administrator](/usc/42/4005.md?p=1) 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](/usc/42/3058f.md?p=5) a report notifying Congress of the [modification](/usc/42/7501.md?p=4), which shall include the details of the [modification](/usc/42/7501.md?p=4). # §5165f. National Urban Search and Rescue Response System - (a) **Definitions—** In this section, the following definitions shall apply: - (1) **Administrator—** The term “Administrator” means the Administrator of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](#a-2). - (2) **Agency—** The term “Agency” means the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency. - (3) **Hazard—** The term “hazard” has the meaning given the term in [section 5195a of this title](/usc/42/5195a.md). - (4) **Nonemployee System member—** The term “nonemployee System member” means a [System member](#a-8) not employed by a [sponsoring agency](#a-6) or [participating agency](#a-5). - (5) **Participating agency—** The term “participating agency” means a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8), nonprofit organization, or private organization that has executed an [agreement](/usc/42/1320b–8.md?p=a-3-A) with a [sponsoring agency](#a-6) to participate in the [System](#a-7). - (6) **Sponsoring agency—** The term “sponsoring agency” means a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) that is the sponsor of a [task force](#a-9) designated by the [Administrator](#a-1) to participate in the [System](#a-7). - (7) **System—** The term “System” means the National Urban Search and Rescue Response System to be administered under this section. - (8) **System member—** The term “System member” means an individual who is not a full-time [employee](/usc/42/1320a–7h.md?p=e-7) of the Federal Government and who serves on a [task force](#a-9) or on a [System](#a-7) management or other technical team. - (9) **Task force—** The term “task force” means an urban search and rescue team designated by the [Administrator](#a-1) to participate in the [System](#a-7). - (b) **General authority—** Subject to the requirements of this section, the [Administrator](#a-1) shall continue to administer the [emergency](/usc/42/5122.md?p=1) response [system](#a-7) known as the National Urban Search and Rescue Response [System](#a-7). - (c) **Functions—** In administering the [System](#a-7), the [Administrator](#a-1) shall provide for a national network of standardized search and rescue resources to assist [States](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) in responding to [hazards](#a-3). - (d) **Task forces—** - (1) **Designation—** The [Administrator](#a-1) shall designate [task forces](#a-9) to participate in the [System](#a-7). The Administration shall determine the criteria for such participation. - (2) **Sponsoring agencies—** Each [task force](#a-9) shall have a [sponsoring agency](#a-6). The [Administrator](#a-1) shall enter into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [sponsoring agency](#a-6) with respect to the participation of each [task force](#a-9) in the [System](#a-7). - (3) **Composition—** - (A) **Participating agencies—** A [task force](#a-9) may include, at the discretion of the [sponsoring agency](#a-6), one or more [participating agencies](#a-5). The [sponsoring agency](#a-6) shall enter into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with each [participating agency](#a-5) with respect to the participation of the [participating agency](#a-5) on the [task force](#a-9). - (B) **Other individuals—** A [task force](#a-9) may also include, at the discretion of the [sponsoring agency](#a-6), other individuals not otherwise associated with the [sponsoring agency](#a-6) or a [participating agency](#a-5). The [sponsoring agency](#a-6) of a [task force](#a-9) may enter into a separate [agreement](/usc/42/1320b–8.md?p=a-3-A) with each such individual with respect to the participation of the individual on the [task force](#a-9). - (e) **Management and technical teams—** The [Administrator](#a-1) shall maintain such management teams and other technical teams as the [Administrator](#a-1) determines are necessary to administer the [System](#a-7). - (f) **Appointment of System members into Federal service—** - (1) **In general—** The [Administrator](#a-1) may appoint a [System member](#a-8) into Federal service for a period of service to provide for the participation of the [System member](#a-8) in exercises, preincident staging, [major disaster](/usc/42/5122.md?p=2) and [emergency](/usc/42/5122.md?p=1) response activities, and [training](/usc/42/285e–2.md?p=b-2) events sponsored or sanctioned by the [Administrator](#a-1). - (2) **Nonapplicability of certain civil service laws—** The [Administrator](#a-1) may make appointments under [paragraph (1)](#f-1) without regard to the provisions of [title 5](/usc/5.md) governing appointments in the competitive service. - (3) **Relationship to other authorities—** The authority of the [Administrator](#a-1) to make appointments under this subsection shall not affect any other authority of the [Administrator](#a-1) under this chapter. - (4) **Limitation—** A [System member](#a-8) who is appointed into Federal service under [paragraph (1)](#f-1) shall not be considered an [employee](/usc/42/1320a–7h.md?p=e-7) of the [United States](/usc/42/5122.md?p=3) for purposes other than those specifically set forth in this section. - (g) **Compensation—** - (1) **Pay of System members—** Subject to such terms and conditions as the [Administrator](#a-1) may impose by regulation, the [Administrator](#a-1) shall make payments to the [sponsoring agency](#a-6) of a [task force](#a-9)— - (A) to reimburse each employer of a [System member](#a-8) on the [task force](#a-9) for compensation paid by the employer to the [System member](#a-8) for any period during which the [System member](#a-8) is appointed into Federal service under [subsection (f)(1)](#f-1); and - (B) to make payments directly to a [nonemployee System member](#a-4) on the [task force](#a-9) for any period during which the [nonemployee System member](#a-4) is appointed into Federal service under [subsection (f)(1)](#f-1). - (2) **Reimbursement for employees filling positions of System members—** - (A) **In general—** Subject to such terms and conditions as the [Administrator](#a-1) may impose by regulation, the [Administrator](#a-1) shall make payments to the [sponsoring agency](#a-6) of a [task force](#a-9) to be used to reimburse each employer of a [System member](#a-8) on the [task force](#a-9) for compensation paid by the employer to an [employee](/usc/42/1320a–7h.md?p=e-7) filling a position normally filled by the [System member](#a-8) for any period during which the [System member](#a-8) is appointed into Federal service under [subsection (f)(1)](#f-1). - (B) **Limitation—** Costs incurred by an employer shall be eligible for reimbursement under [subparagraph (A)](#g-2-A) only to the extent that the costs are in excess of the costs that would have been incurred by the employer had the [System member](#a-8) not been appointed into Federal service under [subsection (f)(1)](#f-1). - (3) **Method of payment—** A [System member](#a-8) shall not be entitled to pay directly from the [Agency](#a-2) for a period during which the [System member](#a-8) is appointed into Federal Service under [subsection (f)(1)](#f-1). - (h) **Personal injury, illness, disability, or death—** - (1) **In general—** A [System member](#a-8) who is appointed into Federal service under [subsection (f)(1)](#f-1) and who suffers personal injury, illness, disability, or death as a result of a personal injury sustained while acting in the scope of such appointment, shall, for the purposes of subchapter I of [chapter 81](/usc/5/chptIII-sptG-ch81.md) of title 5, be treated as though the member were an [employee](/usc/42/1320a–7h.md?p=e-7) (as defined by [section 8101](/usc/42/8101.md) of that title) who had sustained the injury in the performance of duty. - (2) **Election of benefits—** - (A) **In general—** A [System member](#a-8) (or, in the case of the death of the [System member](#a-8), the [System member](#a-8)’s dependent) who is entitled under [paragraph (1)](#h-1) to receive benefits under subchapter I of [chapter 81](/usc/5/chptIII-sptG-ch81.md) of title 5 by reason of personal injury, illness, disability, or death, and to receive benefits from a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) by reason of the same personal injury, illness, disability or death shall elect to— - (i) receive benefits under such subchapter; or - (ii) receive benefits from the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8). - (B) **Deadline—** A [System member](#a-8) or dependent shall make an election of benefits under [subparagraph (A)](#h-2-A) not later than 1 year after the date of the personal injury, illness, disability, or death that is the reason for the benefits, or until such later date as the [Secretary](/usc/42/242q–4.md?p=2) of Labor may allow for reasonable [cause](/usc/42/9908.md?p=c-2) shown. - (C) **Effect of election—** An election of benefits made under this paragraph is irrevocable unless otherwise provided by law. - (3) **Reimbursement for State or local benefits—** Subject to such terms and conditions as the [Administrator](#a-1) may impose by regulation, if a [System member](#a-8) or dependent elects to receive benefits from a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) under [paragraph (2)(A)](#h-2-A), the [Administrator](#a-1) shall reimburse the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) for the value of the benefits. - (4) **Public safety officer claims—** Nothing in this subsection shall be construed to bar any [claim](/usc/42/1320a–7a.md?p=i-2) by, or with respect to, any [System member](#a-8) who is a public safety officer, as defined in [section 1204](/usc/42/1204.md) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [[34 U.S.C. 10284](/usc/34/10284.md)], for any benefits authorized under part L of title I of that Act ([42 U.S.C. 3796](/usc/42/3796.md) et seq.).[^1] - (i) **Liability—** A [System member](#a-8) appointed into Federal service under [subsection (f)(1)](#f-1), while acting within the scope of the appointment, shall be considered to be an [employee](/usc/42/1320a–7h.md?p=e-7) of the Federal Government under [section 1346(b) of title 28](/usc/28/1346.md?p=b) and chapter 171 of that title, relating to tort [claims](/usc/42/1320a–7a.md?p=i-2) procedure. - (j) **Employment and reemployment rights—** With respect to a [System member](#a-8) who is not a regular full-time [employee](/usc/42/1320a–7h.md?p=e-7) of a [sponsoring agency](#a-6) or [participating agency](#a-5), the following terms and conditions apply: - (1) **Service—** Service as a [System member](#a-8) shall be considered to be “service in the uniformed services” for purposes of [chapter 43](/usc/38/chptIII-ch43.md) of title 38 relating to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such [persons](/usc/42/1320a–7k.md?p=d-4-C-i) and procedures for assistance, enforcement, and investigation shall be as provided for in such chapter. - (2) **Preclusion—** Preclusion of giving notice of service by necessity of appointment under this section shall be considered to be preclusion by “military necessity” for purposes of [section 4312(b) of title 38](/usc/38/4312.md?p=b) pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the [Administrator](#a-1) and shall not be subject to judicial review. - (k) **Licenses and permits—** If a [System member](#a-8) holds a valid license, certificate, or other permit issued by any [State](/usc/42/5122.md?p=4) or other governmental jurisdiction evidencing the member’s qualifications in any professional, mechanical, or other skill or type of assistance required by the [System](#a-7), the [System member](#a-8) is deemed to be performing a Federal activity when rendering aid involving such skill or assistance during a period of appointment into Federal service under [subsection (f)(1)](#f-1). - (l) **Preparedness cooperative agreements—** Subject to the availability of appropriations for such purpose, the [Administrator](#a-1) shall enter into an annual preparedness cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) with each [sponsoring agency](#a-6). Amounts made available to a [sponsoring agency](#a-6) under such a preparedness cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) shall be for the following purposes: - (1) [Training](/usc/42/285e–2.md?p=b-2) and exercises, including [training](/usc/42/285e–2.md?p=b-2) and exercises with other Federal, [State](/usc/42/5122.md?p=4), and [local government](/usc/42/5122.md?p=8) response entities. - (2) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment. - (3) Medical monitoring required for responder safety and health in anticipation of and following a [major disaster](/usc/42/5122.md?p=2), [emergency](/usc/42/5122.md?p=1), or other [hazard](#a-3), as determined by the [Administrator](#a-1). - (m) **Response cooperative agreements—** The [Administrator](#a-1) shall enter into a response cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) with each [sponsoring agency](#a-6), as appropriate, under which the [Administrator](#a-1) agrees to reimburse the [sponsoring agency](#a-6) for costs incurred by the [sponsoring agency](#a-6) in responding to a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). - (n) **Obligations—** The [Administrator](#a-1) may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the [System](#a-7). - (o) **Equipment maintenance and replacement—** Not later than 180 days after December 16, 2016, the [Administrator](#a-1) shall submit to the appropriate congressional committees (as defined in [section 101 of title 6](/usc/6/101.md)) a report on the development of a plan, including implementation steps and timeframes, to finance, maintain, and replace [System](#a-7) equipment. - (p) **Federal employees—** Nothing in this section shall be construed to mean that a [task force](#a-9) may not include Federal [employees](/usc/42/1320a–7h.md?p=e-7). In the case of a Federal [employee](/usc/42/1320a–7h.md?p=e-7) detailed to a [task force](#a-9), the [sponsoring agency](#a-6) shall enter into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with the relevant employing [Federal agency](/usc/42/5122.md?p=9). # §5165g. National veterinary emergency teams - (a) **In general—** The [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency may establish one or more national veterinary [emergency](/usc/42/5122.md?p=1) teams at [accredited](/usc/42/300w–9.md?p=c-2) colleges of veterinary medicine. - (b) **Responsibilities—** A national veterinary [emergency](/usc/42/5122.md?p=1) team shall— - (1) deploy with a team of the National Urban Search and Rescue Response System to assist with— - (A) veterinary care of canine search teams; - (B) locating and treating companion animals, service animals, livestock, and other animals; and - (C) surveillance and [treatment](/usc/42/11851.md?p=11) of zoonotic diseases; - (2) recruit, train, and certify veterinary professionals, including veterinary students, in accordance with an established set of plans and [standard](/usc/42/1320d.md?p=7) operating guidelines to carry out the duties associated with planning for and responding to [major disasters](/usc/42/5122.md?p=2) and [emergencies](/usc/42/5122.md?p=1) as described in [paragraph (1)](#b-1); - (3) assist [State](/usc/42/5122.md?p=4) governments, [Indian tribal governments](/usc/42/5122.md?p=6), [local governments](/usc/42/5122.md?p=8), and nonprofit organizations in developing [emergency](/usc/42/5122.md?p=1) management and evacuation plans that account for the care and rescue of animals and in improving local readiness for providing veterinary medical response during an [emergency](/usc/42/5122.md?p=1) or [major disaster](/usc/42/5122.md?p=2); and - (4) coordinate with the Department of Homeland Security, the Department of Health and Human Services, the Department of Agriculture, [State](/usc/42/5122.md?p=4), local, and [Indian tribal governments](/usc/42/5122.md?p=6) (including departments of animal and human health), veterinary and health care professionals, and volunteers. # §5170. Procedure for declaration - (a) **In general—** All requests for a [declaration](/usc/42/247d–6e.md?p=e-4) by the President that a [major disaster](/usc/42/5122.md?p=2) exists shall be made by the [Governor](/usc/42/5122.md?p=5) of the affected [State](/usc/42/5122.md?p=4). Such a request shall be based on a finding that the [disaster](/usc/42/5204.md?p=2) is of such severity and magnitude that effective response is beyond the capabilities of the [State](/usc/42/5122.md?p=4) and the affected [local governments](/usc/42/5122.md?p=8) and that Federal assistance is necessary. As part of such request, and as a prerequisite to [major disaster](/usc/42/5122.md?p=2) assistance under this chapter, the [Governor](/usc/42/5122.md?p=5) shall take appropriate response action under [State](/usc/42/5122.md?p=4) law and direct execution of the [State](/usc/42/5122.md?p=4)’s [emergency](/usc/42/5122.md?p=1) plan. The [Governor](/usc/42/5122.md?p=5) shall furnish information on the nature and amount of [State](/usc/42/5122.md?p=4) and local resources which have been or will be committed to alleviating the results of the [disaster](/usc/42/5204.md?p=2), and shall certify that, for the current [disaster](/usc/42/5204.md?p=2), [State](/usc/42/5122.md?p=4) and [local government](/usc/42/5122.md?p=8) obligations and expenditures (of which [State](/usc/42/5122.md?p=4) commitments must be a significant proportion) will comply with all applicable [cost-sharing](/usc/42/18022.md?p=c-3-A) requirements of this chapter. Based on the request of a [Governor](/usc/42/5122.md?p=5) under this section, the President may declare under this chapter that a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) exists. - (b) **Indian tribal government requests—** - (1) **In general—** The [Chief Executive](/usc/42/5122.md?p=12) of an affected [Indian tribal government](/usc/42/5122.md?p=6) may submit a request for a [declaration](/usc/42/247d–6e.md?p=e-4) by the President that a [major disaster](/usc/42/5122.md?p=2) exists consistent with the requirements of [subsection (a)](#a). - (2) **References—** In implementing assistance authorized by the President under this chapter in response to a request of the [Chief Executive](/usc/42/5122.md?p=12) of an affected [Indian tribal government](/usc/42/5122.md?p=6) for a [major disaster](/usc/42/5122.md?p=2) [declaration](/usc/42/247d–6e.md?p=e-4), any reference in this subchapter or subchapter III (except sections [5153](/usc/42/5153.md) and [5165d](/usc/42/5165d.md) of this title) to a [State](/usc/42/5122.md?p=4) or the [Governor](/usc/42/5122.md?p=5) of a [State](/usc/42/5122.md?p=4) is deemed to refer to an affected [Indian tribal government](/usc/42/5122.md?p=6) or the [Chief Executive](/usc/42/5122.md?p=12) of an affected [Indian tribal government](/usc/42/5122.md?p=6), as appropriate. - (3) **Savings provision—** Nothing in this subsection shall prohibit an [Indian tribal government](/usc/42/5122.md?p=6) from receiving assistance under this subchapter through a [declaration](/usc/42/247d–6e.md?p=e-4) made by the President at the request of a [State](/usc/42/5122.md?p=4) under [subsection (a)](#a) if the President does not make a [declaration](/usc/42/247d–6e.md?p=e-4) under this subsection for the same incident. - (c) **Cost share adjustments for Indian tribal governments—** - (1) **In general—** In providing assistance to an [Indian tribal government](/usc/42/5122.md?p=6) under this subchapter, the President may waive or adjust any payment of a non-Federal contribution with respect to the assistance if— - (A) the President has the authority to waive or adjust the payment under another provision of this subchapter; and - (B) the President determines that the waiver or adjustment is necessary and appropriate. - (2) **Criteria for making determinations—** The President shall establish criteria for making determinations under [paragraph (1)(B)](#c-1-B). # §5170a. General Federal assistance In any [major disaster](/usc/42/5122.md?p=2), the President may— - (1) direct any [Federal agency](/usc/42/5122.md?p=9), with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, [facilities](/usc/42/11049.md?p=4), and managerial, technical, and advisory services) in support of [State](/usc/42/5122.md?p=4) and local assistance response or recovery efforts, including precautionary evacuations; - (2) coordinate all [disaster](/usc/42/5204.md?p=2) relief assistance (including voluntary assistance) provided by [Federal agencies](/usc/42/5122.md?p=9), private organizations, and [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8), including precautionary evacuations and recovery; - (3) provide technical and advisory assistance to affected [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) for— - (A) the performance of essential community services; - (B) issuance of warnings of risks and [hazards](/usc/42/5165f.md?p=a-3); - (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](/usc/42/5204.md?p=2) impact assessments and planning; - (4) assist [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) in the distribution of medicine, food, and other consumable supplies, and [emergency](/usc/42/5122.md?p=1) assistance; - (5) provide assistance to [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) for building code and floodplain management ordinance administration and enforcement, including [inspections](/usc/42/4851b.md?p=12) for substantial damage compliance; and - (6) provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President— - (A) shall, to the fullest extent practicable, promptly notify and coordinate with officials in a [State](/usc/42/5122.md?p=4) in which such assistance or support is provided; and - (B) shall not, in notifying and coordinating with a [State](/usc/42/5122.md?p=4) under [subparagraph (A)](#6-A), delay or impede the rapid deployment, use, and distribution of critical resources to victims of a [major disaster](/usc/42/5122.md?p=2). # §5170b. Essential assistance - (a) **In general—** [Federal agencies](/usc/42/5122.md?p=9) may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a [major disaster](/usc/42/5122.md?p=2), as follows: - (1) **Federal resources, generally—** Utilizing, lending, or donating to [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) Federal equipment, supplies, [facilities](/usc/42/11049.md?p=4), personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this chapter. - (2) **Medicine, food, and other consumables—** Distributing or rendering through [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8), the American National Red Cross, the Salvation Army, the Mennonite [Disaster](/usc/42/5204.md?p=2) Service, and other relief and [disaster](/usc/42/5204.md?p=2) assistance organizations medicine durable medical equipment,,[^1] food, and other consumable supplies, and other services and assistance to [disaster](/usc/42/5204.md?p=2) 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](/usc/42/9601.md?p=23); - (B) search and rescue, [emergency](/usc/42/5122.md?p=1) medical care, [emergency](/usc/42/5122.md?p=1) mass care, [emergency](/usc/42/5122.md?p=1) shelter, and provision of food, water, medicine durable medical equipment,,[^1] and other essential needs, including movement of supplies or [persons](/usc/42/1320a–7k.md?p=d-4-C-i); - (C) clearance of roads and [construction](/usc/42/7479.md?p=2-C) of temporary bridges necessary to the performance of [emergency](/usc/42/5122.md?p=1) tasks and essential community services; - (D) provision of temporary [facilities](/usc/42/11049.md?p=4) for [schools](/usc/42/6372.md?p=1) and other essential community services; - (E) demolition of unsafe structures which endanger the public; - (F) warning of further risks and [hazards](/usc/42/5165f.md?p=a-3); - (G) dissemination of public information and assistance regarding health and safety measures; - (H) provision of technical advice to [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) on [disaster](/usc/42/5204.md?p=2) management and control; - (I) reduction of immediate threats to life, property, and public health and safety; and - (J) provision of rescue, care, shelter, and essential needs— - (i) to individuals with household pets and service animals; and - (ii) to such pets and animals. - (4) **Contributions—** Making contributions to [State](/usc/42/5122.md?p=4) or [local governments](/usc/42/5122.md?p=8) or [owners](/usc/42/13641.md?p=4) or operators of [private nonprofit facilities](/usc/42/5122.md?p=11-A) 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 subchapter or subchapter IV-A of this chapter, the [Governor](/usc/42/5122.md?p=5) of the [State](/usc/42/5122.md?p=4) in which such incident occurred may request the President to direct the [Secretary](/usc/42/242q–4.md?p=2) of Defense to utilize the resources of the [Department of Defense](#c-6-A) for the purpose of performing on public and private lands any [emergency work](#c-6-B) 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](#c-6-B) may only be carried out for a period not to exceed 10 days. - (2) **Rules applicable to debris removal—** Any [removal](/usc/42/9601.md?p=23) of debris and wreckage carried out under this subsection shall be subject to [section 5173(b) of this title](/usc/42/5173.md?p=b), relating to unconditional [authorization](/usc/42/4370m.md?p=3) and indemnification for debris [removal](/usc/42/9601.md?p=23). - (3) **Expenditures out of disaster relief funds—** The cost of any assistance provided pursuant to this subsection shall be reimbursed out of [funds](/usc/42/12854.md?p=3) made available to carry out this chapter. - (4) **Federal share—** The Federal share of assistance under this subsection shall be not less than 75 percent. - (5) **Guidelines—** Not later than 180 days after November 23, 1988, the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under this subsection will have on the availability of other forms of assistance under this chapter. - (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](/usc/10/101.md). - (B) **Emergency work—** The term “emergency work” includes clearance and [removal](/usc/42/9601.md?p=23) of debris and wreckage and temporary restoration of essential [public facilities](/usc/42/5122.md?p=10) and services. - (d) **Salaries and benefits—** - (1) **In general—** If the President declares a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) for an area within the jurisdiction of a [State](/usc/42/5122.md?p=4), tribal, or [local government](/usc/42/5122.md?p=8), the President may reimburse the [State](/usc/42/5122.md?p=4), tribal, or [local government](/usc/42/5122.md?p=8) for costs relating to— - (A) basic pay and benefits for permanent [employees](/usc/42/1320a–7h.md?p=e-7) of the [State](/usc/42/5122.md?p=4), tribal, or [local government](/usc/42/5122.md?p=8) conducting [emergency](/usc/42/5122.md?p=1) protective measures under this section, if— - (i) the work is not typically performed by the [employees](/usc/42/1320a–7h.md?p=e-7); and - (ii) the type of work may otherwise be carried out by contract or [agreement](/usc/42/1320b–8.md?p=a-3-A) with private organizations, firms, or individuals.;[^2] or - (B) overtime and hazardous duty compensation for permanent [employees](/usc/42/1320a–7h.md?p=e-7) of the [State](/usc/42/5122.md?p=4), tribal, or [local government](/usc/42/5122.md?p=8) conducting [emergency](/usc/42/5122.md?p=1) protective measures under this section. - (2) **Overtime—** The guidelines for reimbursement for costs under [paragraph (1)](#d-1) shall ensure that no [State](/usc/42/5122.md?p=4), tribal, or [local government](/usc/42/5122.md?p=8) is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 ([29 U.S.C. 201](/usc/29/201.md) 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. # §5170c. Hazard mitigation - (a) **In general—** The President may contribute up to 75 percent of the cost of [hazard](/usc/42/5165f.md?p=a-3) mitigation measures which the President has determined are cost effective and which substantially reduce the risk of, or increase [resilience](/usc/42/300j–19a.md?p=l-1) to, future damage, hardship, loss, or suffering in any area affected by a [major disaster](/usc/42/5122.md?p=2), or any area affected by a fire for which assistance was provided under [section 5187 of this title](/usc/42/5187.md). Such measures shall be identified following the evaluation of [natural hazards](/usc/42/300j–19a.md?p=l-1) under [section 5165 of this title](/usc/42/5165.md) and shall be subject to approval by the President. Subject to [section 5165 of this title](/usc/42/5165.md), the total of contributions under this section for a [major disaster](/usc/42/5122.md?p=2) or event under [section 5187 of this title](/usc/42/5187.md) 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 chapter with respect to the [major disaster](/usc/42/5122.md?p=2) or event under [section 5187 of this title](/usc/42/5187.md). - (b) **Property acquisition and relocation assistance—** - (1) **General authority—** In providing [hazard](/usc/42/5165f.md?p=a-3) mitigation assistance under this section in connection with flooding, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency may provide property acquisition and relocation assistance for [projects](/usc/42/11360.md?p=20) that meet the requirements of [paragraph (2)](#b-2). - (2) **Terms and conditions—** An acquisition or relocation [project](/usc/42/11360.md?p=20) shall be eligible to receive assistance pursuant to [paragraph (1)](#b-1) only if— - (A) the applicant for the assistance is otherwise eligible to receive assistance under the [hazard](/usc/42/5165f.md?p=a-3) mitigation grant [program](/usc/42/274l–1.md?p=4) established under [subsection (a)](#a); and - (B) on or after December 3, 1993, the applicant for the assistance enters into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [Administrator](/usc/42/4005.md?p=1) that provides assurances that— - (i) any property acquired, accepted, or from which a structure will be removed pursuant to the [project](/usc/42/11360.md?p=20) will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management [practices](/usc/42/17061.md?p=19); - (ii) no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisition or relocation [program](/usc/42/274l–1.md?p=4) other than— - (I) a [public facility](/usc/42/5122.md?p=10) 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](/usc/42/4005.md?p=1) approves in writing before the commencement of the [construction](/usc/42/7479.md?p=2-C) 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](/usc/42/274l–1.md?p=4)— - (I) no subsequent application for additional [disaster](/usc/42/5204.md?p=2) assistance for any purpose will be made by the [recipient](/usc/42/2996a.md?p=6) to any Federal entity; and - (II) no assistance referred to in [subclause (I)](#b-2-B-iii-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](/usc/42/1320b–8.md?p=a-3-A) for an acquisition or relocation [project](/usc/42/11360.md?p=20) 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](/usc/42/5122.md?p=4) desiring to administer the [hazard](/usc/42/5165f.md?p=a-3) mitigation grant [program](/usc/42/274l–1.md?p=4) established by this section with respect to [hazard](/usc/42/5165f.md?p=a-3) mitigation assistance in the [State](/usc/42/5122.md?p=4) may submit to the President an application for the delegation of the authority to administer the [program](/usc/42/274l–1.md?p=4). - (2) **Criteria—** The President, in consultation and coordination with [States](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8), shall establish criteria for the approval of applications submitted under [paragraph (1)](#c-1). Until such time as the [Administrator](/usc/42/4005.md?p=1) promulgates regulations to implement this paragraph, the [Administrator](/usc/42/4005.md?p=1) may waive notice and comment rulemaking, if the [Administrator](/usc/42/4005.md?p=1) determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot [program](/usc/42/274l–1.md?p=4). The criteria shall include, at a minimum— - (A) the demonstrated ability of the [State](/usc/42/5122.md?p=4) to manage the grant [program](/usc/42/274l–1.md?p=4) under this section; - (B) there being in effect an approved mitigation plan under [section 5165 of this title](/usc/42/5165.md); and - (C) a demonstrated commitment to mitigation activities. - (3) **Approval—** The President shall approve an application submitted under [paragraph (1)](#c-1) that meets the criteria established under [paragraph (2)](#c-2). - (4) **Withdrawal of approval—** If, after approving an application of a [State](/usc/42/5122.md?p=4) submitted under [paragraph (1)](#c-1), the President determines that the [State](/usc/42/5122.md?p=4) is not administering the [hazard](/usc/42/5165f.md?p=a-3) mitigation grant [program](/usc/42/274l–1.md?p=4) 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](/usc/42/5165f.md?p=a-3) mitigation grant [programs](/usc/42/274l–1.md?p=4) administered by [States](/usc/42/5122.md?p=4) 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](/usc/42/4321.md) et seq.] and historic preservation reviews under the National Historic Preservation Act[^1] 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](/usc/42/4321.md) et seq.] and the National Historic Preservation Act[^1] is utilized. - (2) **Authority for other expedited procedures—** The President may utilize expedited procedures in addition to those required under [paragraph (1)](#d-1) for the purpose of providing assistance under this section, such as procedures under the Prototype Programmatic [Agreement](/usc/42/1320b–8.md?p=a-3-A) of the Federal [Emergency](/usc/42/5122.md?p=1) 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](/usc/42/5165f.md?p=a-3) mitigation measures. - (e) **Advance assistance—** The President may provide not more than 25 percent of the amount of the estimated cost of [hazard](/usc/42/5165f.md?p=a-3) mitigation measures to a [State](/usc/42/5122.md?p=4) grantee eligible for a grant under this section before eligible costs are incurred. - (f) **Use of assistance—** [Recipients](/usc/42/2996a.md?p=6) of [hazard](/usc/42/5165f.md?p=a-3) mitigation assistance provided under this section and [section 5133 of this title](/usc/42/5133.md) may use the assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a wildfire or windstorm, such as— - (1) reseeding ground cover with quick-growing or native species; - (2) mulching with straw or chipped wood; - (3) constructing straw, rock, or log dams in small tributaries to prevent flooding; - (4) placing logs and other erosion barriers to catch sediment on hill slopes; - (5) installing debris traps to modify road and trail drainage mechanisms; - (6) modifying or removing culverts to allow drainage to flow freely; - (7) adding drainage dips and constructing [emergency](/usc/42/5122.md?p=1) spillways to keep roads and bridges from washing out during floods; - (8) planting grass to prevent the spread of noxious weeds; - (9) installing warning signs; - (10) establishing defensible space measures; - (11) reducing hazardous fuels; - (12) mitigating windstorm and wildfire damage, including— - (A) replacing or installing electrical transmission or distribution utility pole structures with poles that are resilient to extreme wind, wildfire, and combined ice and wind loadings for the basic wind speeds and ice conditions associated with the relevant location; and - (B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires; - (13) removing standing burned trees; and - (14) replacing water systems that have been burned and have caused contamination. - (g) **Use of assistance for earthquake hazards—** [Recipients](/usc/42/2996a.md?p=6) of [hazard](/usc/42/5165f.md?p=a-3) mitigation assistance provided under this section and [section 5133 of this title](/usc/42/5133.md) may use the assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by earthquake [hazards](/usc/42/5165f.md?p=a-3), including— - (1) improvements to regional seismic networks in support of [building](/usc/42/6881.md?p=i-3) a capability for earthquake early warning; - (2) improvements to geodetic networks in support of [building](/usc/42/6881.md?p=i-3) a capability for earthquake early warning; and - (3) improvements to seismometers, Global Positioning System receivers, and associated infrastructure in support of [building](/usc/42/6881.md?p=i-3) a capability for earthquake early warning. # §5171. Federal facilities - (a) **Repair, reconstruction, restoration, or replacement of United States facilities—** The President may authorize any [Federal agency](/usc/42/5122.md?p=9) to repair, reconstruct, restore, or replace any [facility](/usc/42/11049.md?p=4) owned by the [United States](/usc/42/5122.md?p=3) and under the jurisdiction of such agency which is damaged or destroyed by any [major disaster](/usc/42/5122.md?p=2) 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](/usc/42/12854.md?p=3) appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of [funds](/usc/42/12854.md?p=3) appropriated to that agency for another purpose. - (c) **Steps for mitigation of hazards—** In implementing this section, [Federal agencies](/usc/42/5122.md?p=9) shall evaluate the [natural hazards](/usc/42/300j–19a.md?p=l-1) to which these [facilities](/usc/42/11049.md?p=4) are exposed and shall take appropriate action to mitigate such [hazards](/usc/42/5165f.md?p=a-3), including safe land-use and [construction](/usc/42/7479.md?p=2-C) [practices](/usc/42/17061.md?p=19), in accordance with [standards](/usc/42/1320d.md?p=7) prescribed by the President. # §5172. Repair, restoration, and replacement of damaged facilities - (a) **Contributions—** - (1) **In general—** The President may make contributions— - (A) to a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) for the repair, restoration, reconstruction, or replacement of a [public facility](/usc/42/5122.md?p=10) damaged or destroyed by a [major disaster](/usc/42/5122.md?p=2) and for associated expenses incurred by the government; and - (B) subject to [paragraph (3)](#a-3), to a [person](/usc/42/1320a–7k.md?p=d-4-C-i) that owns or operates a [private nonprofit facility](/usc/42/5122.md?p=11-A) damaged or destroyed by a [major disaster](/usc/42/5122.md?p=2) for the repair, restoration, reconstruction, or replacement of the [facility](/usc/42/11049.md?p=4) and for associated expenses incurred by the [person](/usc/42/1320a–7k.md?p=d-4-C-i). - (2) **Associated expenses—** For the purposes of this section, associated expenses shall include— - (A) the costs of mobilizing and employing the National Guard for performance of eligible work; - (B) the costs of using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging; - (C) base and overtime wages for the [employees](/usc/42/1320a–7h.md?p=e-7) and extra hires of a [State](/usc/42/5122.md?p=4), [local government](/usc/42/5122.md?p=8), or [person](/usc/42/1320a–7k.md?p=d-4-C-i) described in [paragraph (1)](#a-1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the [major disaster](/usc/42/5122.md?p=2); and - (D) base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted [building](/usc/42/6881.md?p=i-3) codes for a period of not more than 180 days after the [major disaster](/usc/42/5122.md?p=2) is declared. - (3) **Conditions for assistance to private nonprofit facilities—** - (A) **In general—** The President may make contributions to a [private nonprofit facility](/usc/42/5122.md?p=11-A) under [paragraph (1)(B)](#a-1-B) only if— - (i) the [facility](/usc/42/11049.md?p=4) provides [critical services](#a-3-B) (as defined by the President) in the event of a [major disaster](/usc/42/5122.md?p=2); or - (ii) the [owner or operator](/usc/42/9601.md?p=20-B) of the [facility](/usc/42/11049.md?p=4)— - (I) has applied for a [disaster](/usc/42/5204.md?p=2) loan under [section 636(b) of title 15](/usc/15/636.md?p=b); and - (II) - (aa) has been determined to be ineligible for such a loan; or - (bb) has obtained such a loan in the maximum amount for which the Small Business Administration determines the [facility](/usc/42/11049.md?p=4) 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](/usc/42/11049.md?p=4)), sewer, wastewater [treatment](/usc/42/11851.md?p=11), communications (including broadcast and telecommunications), education, and [emergency](/usc/42/5122.md?p=1) medical care. - (C) **Religious facilities—** A church, synagogue, mosque, temple, or other house of worship, educational [facility](/usc/42/11049.md?p=4), or any other [private nonprofit facility](/usc/42/5122.md?p=11-A), shall be eligible for contributions under [paragraph (1)(B)](#a-1-B), without regard to the religious character of the [facility](/usc/42/11049.md?p=4) or the primary religious use of the [facility](/usc/42/11049.md?p=4). No house of worship, educational [facility](/usc/42/11049.md?p=4), or any other [private nonprofit facility](/usc/42/5122.md?p=11-A) may be excluded from receiving contributions under [paragraph (1)(B)](#a-1-B) because leadership or membership in the organization operating the house of worship is limited to [persons](/usc/42/1320a–7k.md?p=d-4-C-i) who share a religious faith or practice. - (4) **Notification to Congress—** Before making any contribution under this section in an amount greater than $20,000,000, the President shall notify— - (A) the Committee on Environment and Public Works of the Senate; - (B) the Committee on Transportation and Infrastructure of the House of [Representatives](/usc/42/3058f.md?p=5); - (C) the Committee on Appropriations of the Senate; and - (D) the Committee on Appropriations of the House of [Representatives](/usc/42/3058f.md?p=5). - (b) **Federal share—** - (1) **Minimum Federal share—** Except as provided in [paragraph (2)](#b-2), the Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of repair, restoration, reconstruction, or replacement carried out under this section. - (2) **Reduced Federal share—** The President shall promulgate regulations to reduce the Federal share of assistance under this section to not less than 25 percent in the case of the repair, restoration, reconstruction, or replacement of any eligible [public facility](/usc/42/5122.md?p=10) or [private nonprofit facility](/usc/42/5122.md?p=11-A) following an event associated with a [major disaster](/usc/42/5122.md?p=2)— - (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](/usc/42/13641.md?p=4) of which has failed to implement appropriate mitigation measures to address the [hazard](/usc/42/5165f.md?p=a-3) that caused the damage to the [facility](/usc/42/11049.md?p=4). - (3) **Increased Federal share—** - (A) **Incentive measures—** The President may provide incentives to a [State](/usc/42/5122.md?p=4) or [Tribal government](/usc/42/804.md?p=d-3) to invest in measures that increase readiness for, and [resilience](/usc/42/300j–19a.md?p=l-1) from, a [major disaster](/usc/42/5122.md?p=2) by recognizing such investments through a sliding scale that increases the minimum Federal share to 85 percent. Such measures may include— - (i) the adoption of a mitigation plan approved under [section 5165 of this title](/usc/42/5165.md); - (ii) investments in [disaster](/usc/42/5204.md?p=2) relief, insurance, and [emergency](/usc/42/5122.md?p=1) management [programs](/usc/42/274l–1.md?p=4); - (iii) encouraging the adoption and enforcement of the latest published editions of relevant consensus-based codes, specifications, and [standards](/usc/42/1320d.md?p=7) that incorporate the latest [hazard](/usc/42/5165f.md?p=a-3)-resistant designs and establish minimum acceptable criteria for the design, [construction](/usc/42/7479.md?p=2-C), and maintenance of residential structures and [facilities](/usc/42/11049.md?p=4) that may be eligible for assistance under this chapter for the purpose of protecting the health, safety, and general welfare of the [buildings](/usc/42/6881.md?p=i-3)’ users against [disasters](/usc/42/5204.md?p=2); - (iv) facilitating participation in the community rating system; and - (v) funding mitigation [projects](/usc/42/11360.md?p=20) or granting tax incentives for [projects](/usc/42/11360.md?p=20) that reduce risk. - (B) **Comprehensive guidance—** Not later than 1 year after February 9, 2018, the President, acting through the [Administrator](/usc/42/4005.md?p=1), shall issue comprehensive guidance to [State](/usc/42/5122.md?p=4) and [Tribal governments](/usc/42/804.md?p=d-3) regarding the measures and investments, weighted appropriately based on actuarial assessments of eligible actions, that will be recognized for the purpose of increasing the Federal share under this section. Guidance shall ensure that the agency’s review of eligible measures and investments does not unduly delay determining the appropriate Federal cost share. - (C) **Report—** One year after the issuance of the guidance required by [subparagraph (B)](#b-3-B), the [Administrator](/usc/42/4005.md?p=1) shall submit to the Committee on Transportation and Infrastructure of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis of the Federal cost shares paid under this section. - (D) **Savings clause—** Nothing in this paragraph prevents the President from increasing the Federal cost share above 85 percent. - (c) **Large in-lieu contributions—** - (1) **For public facilities—** - (A) **In general—** In any case in which a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any [public facility](/usc/42/5122.md?p=10) owned or controlled by the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8), the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) may elect to receive, in lieu of a contribution under [subsection (a)(1)(A)](#a-1-A), a contribution in an amount equal to the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the [facility](/usc/42/11049.md?p=4) and of management expenses. - (B) **Use of funds—** [Funds](/usc/42/12854.md?p=3) contributed to a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) under this paragraph may be used— - (i) to repair, restore, or expand other selected [public facilities](/usc/42/5122.md?p=10); - (ii) to construct new [facilities](/usc/42/11049.md?p=4); or - (iii) to [fund](/usc/42/12854.md?p=3) [hazard](/usc/42/5165f.md?p=a-3) mitigation measures that the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) determines to be necessary to meet a need for governmental services and functions in the area affected by the [major disaster](/usc/42/5122.md?p=2). - (C) **Limitations—** [Funds](/usc/42/12854.md?p=3) made available to a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) under this paragraph may not be used for— - (i) any [public facility](/usc/42/5122.md?p=10) located in a regulatory floodway (as defined in [section 59.1 of title 44, Code of Federal Regulations](/cfr/44/59.1.md) (or a successor regulation)); or - (ii) any uninsured [public facility](/usc/42/5122.md?p=10) located in a special flood [hazard](/usc/42/5165f.md?p=a-3) area identified by the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency under the National Flood Insurance Act of 1968 ([42 U.S.C. 4001](/usc/42/4001.md) et seq.). - (2) **For private nonprofit facilities—** - (A) **In general—** In any case in which a [person](/usc/42/1320a–7k.md?p=d-4-C-i) that owns or operates a [private nonprofit facility](/usc/42/5122.md?p=11-A) determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the [facility](/usc/42/11049.md?p=4), the [person](/usc/42/1320a–7k.md?p=d-4-C-i) may elect to receive, in lieu of a contribution under [subsection (a)(1)(B)](#a-1-B), a contribution in an amount equal to the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the [facility](/usc/42/11049.md?p=4) and of management expenses. - (B) **Use of funds—** [Funds](/usc/42/12854.md?p=3) contributed to a [person](/usc/42/1320a–7k.md?p=d-4-C-i) under this paragraph may be used— - (i) to repair, restore, or expand other selected [private nonprofit facilities](/usc/42/5122.md?p=11-A) owned or operated by the [person](/usc/42/1320a–7k.md?p=d-4-C-i); - (ii) to construct new [private nonprofit facilities](/usc/42/5122.md?p=11-A) to be owned or operated by the [person](/usc/42/1320a–7k.md?p=d-4-C-i); or - (iii) to [fund](/usc/42/12854.md?p=3) [hazard](/usc/42/5165f.md?p=a-3) mitigation measures that the [person](/usc/42/1320a–7k.md?p=d-4-C-i) determines to be necessary to meet a need for the [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s services and functions in the area affected by the [major disaster](/usc/42/5122.md?p=2). - (C) **Limitations—** [Funds](/usc/42/12854.md?p=3) made available to a [person](/usc/42/1320a–7k.md?p=d-4-C-i) under this paragraph may not be used for— - (i) any [private nonprofit facility](/usc/42/5122.md?p=11-A) located in a regulatory floodway (as defined in [section 59.1 of title 44, Code of Federal Regulations](/cfr/44/59.1.md) (or a successor regulation)); or - (ii) any uninsured [private nonprofit facility](/usc/42/5122.md?p=11-A) located in a special flood [hazard](/usc/42/5165f.md?p=a-3) area identified by the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency under the National Flood Insurance Act of 1968 ([42 U.S.C. 4001](/usc/42/4001.md) et seq.). - (d) **Flood insurance—** - (1) **Reduction of Federal assistance—** If a [public facility](/usc/42/5122.md?p=10) or [private nonprofit facility](/usc/42/5122.md?p=11-A) located in a special flood [hazard](/usc/42/5165f.md?p=a-3) area identified for more than 1 year by the [Administrator](/usc/42/4005.md?p=1) pursuant to the National Flood Insurance Act of 1968 ([42 U.S.C. 4001](/usc/42/4001.md) et seq.) is damaged or destroyed, after the 180th day following November 23, 1988, by flooding in a [major disaster](/usc/42/5122.md?p=2) and such [facility](/usc/42/11049.md?p=4) 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](/usc/42/11049.md?p=4) and associated expenses shall be reduced in accordance with [paragraph (2)](#d-2). This section shall not apply to more than one [building](/usc/42/6881.md?p=i-3) of a multi-structure educational, law enforcement, correctional, fire, or medical campus, for any [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) declared by the President under section [5170](/usc/42/5170.md) or [5191](/usc/42/5191.md), respectively, of this title on or after January 1, 2016, through December 31, 2018. - (2) **Amount of reduction—** The amount of a reduction in Federal assistance under this section with respect to a [facility](/usc/42/11049.md?p=4) shall be the lesser of— - (A) the value of such [facility](/usc/42/11049.md?p=4) 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](/usc/42/11049.md?p=4) if such [facility](/usc/42/11049.md?p=4) had been covered by flood insurance under the National Flood Insurance Act of 1968 on such date. - (3) **Exception—** Paragraphs [(1)](#d-1) and [(2)](#d-2) shall not apply to a [private nonprofit facility](/usc/42/5122.md?p=11-A) which is not covered by flood insurance solely because of the [local government](/usc/42/5122.md?p=8)’s failure to participate in the flood insurance [program](/usc/42/274l–1.md?p=4) 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](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) and the [owners](/usc/42/13641.md?p=4) and operators of [private nonprofit facilities](/usc/42/5122.md?p=11-A) who may be affected by such a reduction. - (e) **Eligible cost—** - (1) **Determination—** - (A) **In general—** For the purposes of this section, for [disasters](/usc/42/5204.md?p=2) declared on or after August 1, 2017, or a [disaster](/usc/42/5204.md?p=2) in which a cost estimate has not yet been finalized for a [project](/usc/42/11360.md?p=20), or for any [project](/usc/42/11360.md?p=20) for which the finalized cost estimate is on appeal, the President shall estimate the eligible cost of repairing, restoring, reconstructing, or replacing a [public facility](/usc/42/5122.md?p=10) or [private nonprofit facility](/usc/42/5122.md?p=11-A)— - (i) on the basis of the design of the [facility](/usc/42/11049.md?p=4) as the [facility](/usc/42/11049.md?p=4) existed immediately before the [major disaster](/usc/42/5122.md?p=2); - (ii) in conformity with the latest published editions of relevant consensus-based codes, specifications, and [standards](/usc/42/1320d.md?p=7) that incorporate the latest [hazard](/usc/42/5165f.md?p=a-3)-resistant designs and establish minimum acceptable criteria for the design, [construction](/usc/42/7479.md?p=2-C), and maintenance of residential structures and [facilities](/usc/42/11049.md?p=4) that may be eligible for assistance under this chapter for the purposes of protecting the health, safety, and general welfare of a [facility](/usc/42/11049.md?p=4)’s users against [disasters](/usc/42/5204.md?p=2) (including floodplain management and [hazard](/usc/42/5165f.md?p=a-3) mitigation criteria required by the President or under the Coastal Barrier Resources Act ([16 U.S.C. 3501](/usc/16/3501.md) et seq.)); and - (iii) in a manner that allows the [facility](/usc/42/11049.md?p=4) to meet the definition of [resilient](#e-5-A) developed pursuant to this subsection. - (B) **Cost estimation procedures—** - (i) **In general—** Subject to [paragraph (2)](#e-2), the President shall use the cost estimation procedures established under [paragraph (3)](#e-3) to determine the eligible cost under this subsection. - (ii) **Applicability—** The procedures specified in this paragraph and [paragraph (2)](#e-2) shall apply only to [projects](/usc/42/11360.md?p=20) the eligible cost of which is equal to or greater than the amount specified in [section 5189 of this title](/usc/42/5189.md). - (C) **Contributions—** Contributions for the eligible cost made under this section may be provided on an actual cost basis or on cost-estimation procedures. - (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](/usc/42/11049.md?p=4) under this section is greater than the ceiling percentage established under [paragraph (3)](#e-3) of the cost estimated under [paragraph (1)](#e-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)](#e-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](/usc/42/11049.md?p=4) under this section is less than 100 percent of the cost estimated under [paragraph (1)](#e-1), but is greater than or equal to the floor percentage established under [paragraph (3)](#e-3) of the cost estimated under [paragraph (1)](#e-1), the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) or [person](/usc/42/1320a–7k.md?p=d-4-C-i) receiving [funds](/usc/42/12854.md?p=3) under this section shall use the excess [funds](/usc/42/12854.md?p=3) to carry out [cost-effective](/usc/42/1396e.md?p=e-2) activities that reduce the risk of future damage, hardship, or suffering from a [major disaster](/usc/42/5122.md?p=2). - (ii) **Less than floor percentage of estimated cost—** In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a [facility](/usc/42/11049.md?p=4) under this section is less than the floor percentage established under [paragraph (3)](#e-3) of the cost estimated under [paragraph (1)](#e-1), the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) or [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/5189a.md). - (3) **Expert panel—** - (A) **Establishment—** Not later than 18 months after October 30, 2000, the President, acting through the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency, shall establish an expert [panel](/usc/42/10362.md?p=16), which shall include [representatives](/usc/42/3058f.md?p=5) from the [construction](/usc/42/7479.md?p=2-C) industry and [State](/usc/42/5122.md?p=4) and [local government](/usc/42/5122.md?p=8). - (B) **Duties—** The expert [panel](/usc/42/10362.md?p=16) shall develop recommendations concerning— - (i) procedures for estimating the cost of repairing, restoring, reconstructing, or replacing a [facility](/usc/42/11049.md?p=4) consistent with industry [practices](/usc/42/17061.md?p=19); and - (ii) the ceiling and floor percentages referred to in [paragraph (2)](#e-2). - (C) **Regulations—** Taking into account the recommendations of the expert [panel](/usc/42/10362.md?p=16) under [subparagraph (B)](#e-3-B), the President shall promulgate regulations that establish— - (i) cost estimation procedures described in [subparagraph (B)(i)](#e-3-B-i); and - (ii) the ceiling and floor percentages referred to in [paragraph (2)](#e-2). - (D) **Review by President—** Not later than 2 years after the date of promulgation of regulations under [subparagraph (C)](#e-3-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)](#e-3-C), 3 years after that date, and at the end of each 2-year period thereafter, the expert [panel](/usc/42/10362.md?p=16) shall submit to Congress a report on the appropriateness of the cost estimation procedures. - (4) **Special rule—** In any case in which the [facility](/usc/42/11049.md?p=4) being repaired, restored, reconstructed, or replaced under this section was under [construction](/usc/42/7479.md?p=2-C) on the date of the [major disaster](/usc/42/5122.md?p=2), the cost of repairing, restoring, reconstructing, or replacing the [facility](/usc/42/11049.md?p=4) shall include, for the purposes of this section, only those costs that, under the contract for the [construction](/usc/42/7479.md?p=2-C), are the [owner](/usc/42/13641.md?p=4)’s responsibility and not the contractor’s responsibility. - (5) **New rules—** - (A) **In general—** Not later than 18 months after October 5, 2018, the President, acting through the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency, and in consultation with the heads of relevant Federal departments and agencies, shall issue a final rulemaking that defines the terms “resilient” and “resiliency” for purposes of this subsection. - (B) **Interim guidance—** Not later than 60 days after October 5, 2018, the [Administrator](/usc/42/4005.md?p=1) shall issue interim guidance to implement this subsection. Such interim guidance shall expire 18 months after October 5, 2018, or upon issuance of final regulations pursuant to [subparagraph (A)](#e-5-A), whichever occurs first. - (C) **Guidance—** Not later than 90 days after the date on which the [Administrator](/usc/42/4005.md?p=1) issues the final rulemaking under this paragraph, the [Administrator](/usc/42/4005.md?p=1) shall issue any necessary guidance related to the rulemaking. - (D) **Report—** Not later than 2 years after October 5, 2018, the [Administrator](/usc/42/4005.md?p=1) shall submit to Congress a report summarizing the regulations and guidance issued pursuant to this paragraph. # §5173. Debris removal - (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](/usc/42/5122.md?p=2) from publicly and privately owned lands and waters; and - (2) to make grants to any [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) or [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A) for the purpose of removing debris or wreckage resulting from a [major disaster](/usc/42/5122.md?p=2) 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](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) shall first arrange an unconditional [authorization](/usc/42/4370m.md?p=3) for [removal](/usc/42/9601.md?p=23) of such debris or wreckage from public and private property, and, in the case of [removal](/usc/42/9601.md?p=23) of debris or wreckage from private property, shall first agree to indemnify the Federal Government against any [claim](/usc/42/1320a–7a.md?p=i-2) arising from such [removal](/usc/42/9601.md?p=23). - (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](/usc/42/9601.md?p=23) 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](/usc/42/9601.md?p=23) carried out under this section. - (e) **Expedited payments—** - (1) **Grant assistance—** In making a grant under [subsection (a)(2)](#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)](#e-2). - (2) **Date of payment—** Not later than 60 days after the date of the estimate described in [paragraph (1)](#e-1) and not later than 90 days after the date on which the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) or [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A) applies for assistance under this section, an initial payment described in [paragraph (1)](#e-1) shall be paid. # §5174. Federal assistance to individuals and households - (a) **In general—** - (1) **Provision of assistance—** In accordance with this section, the President, in consultation with the [Governor](/usc/42/5122.md?p=5) of a [State](/usc/42/5122.md?p=4), may provide financial assistance, and, if necessary, direct services, to individuals and households in the [State](/usc/42/5122.md?p=4) who, as a direct result of a [major disaster](/usc/42/5122.md?p=2), 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)](#a-1), an individual or household shall not be denied assistance under paragraph [(1)](#c-1), [(3)](#c-3), or [(4)](#c-4) of subsection (c) solely on the basis that the individual or household has not applied for or received any loan or other financial assistance from the Small Business Administration or any other [Federal agency](/usc/42/5122.md?p=9). - (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](/usc/42/5204.md?p=2)-related [housing](/usc/42/1490p–2.md?p=r-3) needs of individuals and households who are displaced from their predisaster primary residences or whose predisaster primary residences are rendered uninhabitable, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a [major disaster](/usc/42/5122.md?p=2). - (2) **Determination of appropriate types of assistance—** - (A) **In general—** The President shall determine appropriate types of [housing assistance](/usc/42/13641.md?p=3) to be provided under this section to individuals and households described in [subsection (a)(1)](#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](/usc/42/13641.md?p=3) 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](/usc/42/5204.md?p=2) 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](/usc/42/1490p–2.md?p=r-3) accommodations, existing rental [units](/usc/42/1395w–114b.md?p=g-2), manufactured [housing](/usc/42/1490p–2.md?p=r-3), 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)](#c-1-A-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](/usc/42/1395w–114b.md?p=g-2) installation not provided directly by the President. - (B) **Direct assistance—** - (i) **In general—** The President may provide temporary [housing](/usc/42/1490p–2.md?p=r-3) [units](/usc/42/1395w–114b.md?p=g-2), acquired by purchase or lease, directly to individuals or households who, because of a lack of available [housing](/usc/42/1490p–2.md?p=r-3) resources, would be unable to make use of the assistance provided under [subparagraph (A)](#c-1-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](/usc/42/1396e.md?p=e-2) alternative to other temporary [housing](/usc/42/1490p–2.md?p=r-3) options, may— - (aa) enter into lease [agreements](/usc/42/1320b–8.md?p=a-3-A) with [owners](/usc/42/13641.md?p=4) of multifamily rental property impacted by a [major disaster](/usc/42/5122.md?p=2) or located in areas covered by a [major disaster](/usc/42/5122.md?p=2) [declaration](/usc/42/247d–6e.md?p=e-4) to house individuals and households eligible for assistance under this section; and - (bb) make repairs or improvements to properties under such lease [agreements](/usc/42/1320b–8.md?p=a-3-A), to the extent necessary to serve as safe and adequate temporary [housing](/usc/42/1490p–2.md?p=r-3). - (II) **Improvements or repairs—** Under the terms of any lease [agreement](/usc/42/1320b–8.md?p=a-3-A) for property entered into under this subsection, the value of the improvements or repairs shall be deducted from the value of the lease [agreement](/usc/42/1320b–8.md?p=a-3-A). - (iii) **Period of assistance—** The President may not provide direct assistance under [clause (i)](#c-1-B-i) with respect to a [major disaster](/usc/42/5122.md?p=2) after the end of the 18-month period beginning on the date of the [declaration](/usc/42/247d–6e.md?p=e-4) of the [major disaster](/usc/42/5122.md?p=2) 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)](#c-1-B-iii), the President may charge fair market rent for each temporary [housing](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2) provided. - (2) **Repairs—** - (A) **In general—** The President may provide financial assistance for— - (i) the repair of [owner](/usc/42/13641.md?p=4)-occupied private residences, utilities, and residential infrastructure (such as a private access route) damaged by a [major disaster](/usc/42/5122.md?p=2) to a safe and sanitary living or functioning condition; and - (ii) eligible [hazard](/usc/42/5165f.md?p=a-3) mitigation measures that reduce the likelihood of future damage to such residences, utilities, or infrastructure. - (B) **Relationship to other assistance—** A [recipient](/usc/42/2996a.md?p=6) 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](/usc/42/13641.md?p=4)-occupied private residences damaged by a [major disaster](/usc/42/5122.md?p=2). - (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](/usc/42/5204.md?p=2) assistance. - (4) **Permanent housing construction—** The President may provide financial assistance or direct assistance to individuals or households to construct permanent or semi-permanent [housing](/usc/42/1490p–2.md?p=r-3) in [insular areas](/usc/42/5204.md?p=1) outside the continental [United States](/usc/42/5122.md?p=3) and in other locations in cases in which— - (A) no alternative [housing](/usc/42/1490p–2.md?p=r-3) resources are available; and - (B) the types of temporary [housing assistance](/usc/42/13641.md?p=3) described in [paragraph (1)](#c-1) are unavailable, infeasible, or not [cost-effective](/usc/42/1396e.md?p=e-2). - (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](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8), by the [owner](/usc/42/13641.md?p=4) of the site, or by the occupant who was displaced by the [major disaster](/usc/42/5122.md?p=2). - (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](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2) purchased under this section by the President for the purpose of [housing](/usc/42/1490p–2.md?p=r-3) [disaster](/usc/42/5204.md?p=2) victims may be sold directly to the individual or household who is occupying the [unit](/usc/42/1395w–114b.md?p=g-2) if the individual or household lacks permanent [housing](/usc/42/1490p–2.md?p=r-3). - (ii) **Sale price—** A sale of a temporary [housing](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2) under [clause (i)](#d-2-A-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)](#d-2-A-i) shall be deposited in the appropriate [Disaster](/usc/42/5204.md?p=2) Relief [Fund](/usc/42/12854.md?p=3) account. - (iv) **Hazard and flood insurance—** A sale of a temporary [housing](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2) under [clause (i)](#d-2-A-i) shall be made on the condition that the individual or household purchasing the [housing](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2) agrees to obtain and maintain [hazard](/usc/42/5165f.md?p=a-3) and flood insurance on the [housing](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2). - (v) **Use of GSA services—** The President may use the services of the General Services Administration to accomplish a sale under [clause (i)](#d-2-A-i). - (B) **Other methods of disposal—** If not disposed of under [subparagraph (A)](#d-2-A), a temporary [housing](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2) purchased under this section by the President for the purpose of [housing](/usc/42/1490p–2.md?p=r-3) [disaster](/usc/42/5204.md?p=2) victims— - (i) may be sold to any [person](/usc/42/1320a–7k.md?p=d-4-C-i); or - (ii) may be sold, transferred, donated, or otherwise made available directly to a [State](/usc/42/5122.md?p=4) or other governmental entity or to a voluntary organization for the sole purpose of providing temporary [housing](/usc/42/1490p–2.md?p=r-3) to [disaster](/usc/42/5204.md?p=2) victims in [major disasters](/usc/42/5122.md?p=2) and [emergencies](/usc/42/5122.md?p=1) if, as a condition of the sale, transfer, or donation, the [State](/usc/42/5122.md?p=4), other governmental agency, or voluntary organization agrees— - (I) to comply with the nondiscrimination provisions of [section 5151 of this title](/usc/42/5151.md); and - (II) to obtain and maintain [hazard](/usc/42/5165f.md?p=a-3) and flood insurance on the [housing](/usc/42/1490p–2.md?p=r-3) [unit](/usc/42/1395w–114b.md?p=g-2). - (e) **Financial assistance to address other needs—** - (1) **Medical, dental, child care, and funeral expenses—** The President, in consultation with the [Governor](/usc/42/5122.md?p=5) of a [State](/usc/42/5122.md?p=4), may provide financial assistance under this section to an individual or household in the [State](/usc/42/5122.md?p=4) who is adversely affected by a [major disaster](/usc/42/5122.md?p=2) to meet [disaster](/usc/42/5204.md?p=2)-related medical, dental, [child](/usc/42/416.md?p=e) care, and funeral expenses. - (2) **Personal property, transportation, and other expenses—** The President, in consultation with the [Governor](/usc/42/5122.md?p=5) of a [State](/usc/42/5122.md?p=4), may provide financial assistance under this section to an individual or household described in [paragraph (1)](#e-1) to address personal property, transportation, and other necessary expenses or serious needs resulting from the [major disaster](/usc/42/5122.md?p=2). - (f) **State role—** - (1) **State- or Indian tribal government-administered assistance and other needs assistance—** - (A) **Grant to State—** Subject to [subsection (g)](#g), a [Governor](/usc/42/5122.md?p=5) may request a grant from the President to provide assistance to individuals and households in the [State](/usc/42/5122.md?p=4) under subsections [(c)(1)(B)](#c-1-B), [(c)(4)](#c-4), and (e) if the President and the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) comply, as determined by the [Administrator](/usc/42/4005.md?p=1), with [paragraph (3)](#f-3). - (B) **Administrative costs—** A [State](/usc/42/5122.md?p=4) that receives a grant under [subparagraph (A)](#f-1-A) may expend not more than 5 percent of the amount of the grant for the administrative costs of providing assistance to individuals and households in the [State](/usc/42/5122.md?p=4) under subsections [(c)(1)(B)](#c-1-B), [(c)(4)](#c-4), and (e). - (2) **Access to records—** In providing assistance to individuals and households under this section, the President shall provide for the substantial and ongoing involvement of the [States](/usc/42/5122.md?p=4) in which the individuals and households are located, including by providing to the [States](/usc/42/5122.md?p=4) access to the electronic records of individuals and households receiving assistance under this section in order for the [States](/usc/42/5122.md?p=4) to make available any additional [State](/usc/42/5122.md?p=4) and local assistance to the individuals and households. - (3) **Requirements—** - (A) **Application—** A [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) desiring to provide assistance under subsection [(c)(1)(B)](#c-1-B), [(c)(4)](#c-4), or (e) shall submit to the President an application for a grant to provide financial assistance under the [program](/usc/42/274l–1.md?p=4). - (B) **Criteria—** The President, in consultation and coordination with [State](/usc/42/5122.md?p=4) and [Indian tribal governments](/usc/42/5122.md?p=6), shall establish criteria for the approval of applications submitted under [subparagraph (A)](#f-3-A). The criteria shall include, at a minimum— - (i) a requirement that the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) submit a [housing strategy](/usc/42/19504.md?p=a-3) under [subparagraph (C)](#f-3-C); - (ii) the demonstrated ability of the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) to manage the [program](/usc/42/274l–1.md?p=4) under this section; - (iii) there being in effect a plan approved by the President as to how the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) will comply with applicable Federal laws and regulations and how the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) will provide assistance under its plan; - (iv) a requirement that the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) comply with rules and regulations established pursuant to [subsection (j)](#j); and - (v) a requirement that the President, or the designee of the President, comply with [subsection (i)](#i). - (C) **Requirement of housing strategy—** - (i) **In general—** A [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) submitting an application under this paragraph shall have an approved [housing strategy](/usc/42/19504.md?p=a-3), which shall be developed and submitted to the President for approval. - (ii) **Requirements—** The [housing strategy](/usc/42/19504.md?p=a-3) required under [clause (i)](#f-3-C-i) shall— - (I) outline the approach of the [State](/usc/42/5122.md?p=4) in working with Federal partners, [Indian tribal governments](/usc/42/5122.md?p=6), local communities, nongovernmental organizations, and individual [disaster](/usc/42/5204.md?p=2) survivors to meet [disaster](/usc/42/5204.md?p=2)-related sheltering and [housing](/usc/42/1490p–2.md?p=r-3) needs; and - (II) include the establishment of an activation plan for a [State](/usc/42/5122.md?p=4) [Disaster](/usc/42/5204.md?p=2) [Housing](/usc/42/1490p–2.md?p=r-3) [Task Force](/usc/42/242q–4.md?p=3), as outlined in the National [Disaster](/usc/42/5204.md?p=2) [Housing Strategy](/usc/42/19504.md?p=a-3), to bring together [State](/usc/42/5122.md?p=4), tribal, local, Federal, nongovernmental, and private sector expertise to evaluate [housing](/usc/42/1490p–2.md?p=r-3) requirements, consider potential solutions, recognize special needs populations, and propose recommendations. - (D) **Quality assurance—** Before approving an application submitted under this section, the President, or the designee of the President, shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and [program](/usc/42/274l–1.md?p=4) mismanagement for this [program](/usc/42/274l–1.md?p=4) and for [programs](/usc/42/274l–1.md?p=4) under subsections [(c)(1)(B)](#c-1-B), [(c)(4)](#c-4), and (e). The President shall monitor and conduct quality assurance activities on a [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6)’s implementation of [programs](/usc/42/274l–1.md?p=4) under subsections [(c)(1)(B)](#c-1-B), [(c)(4)](#c-4), and (e). If, after approving an application of a [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) submitted under this paragraph, the President determines that the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) is not administering the [program](/usc/42/274l–1.md?p=4) established by this section in a manner satisfactory to the President, the President shall withdraw the approval. - (E) **Audits—** The Inspector General of the Department of Homeland Security shall provide for periodic audits of the [programs](/usc/42/274l–1.md?p=4) administered by [States](/usc/42/5122.md?p=4) and [Indian tribal governments](/usc/42/5122.md?p=6) under this subsection. - (F) **Applicable laws—** All Federal laws applicable to the management, administration, or contracting of the [programs](/usc/42/274l–1.md?p=4) by the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency under this section shall be applicable to the management, administration, or contracting by a non-Federal entity under this section. - (G) **Report on effectiveness—** Not later than 18 months after October 5, 2018, the Inspector General of the Department of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of [Representatives](/usc/42/3058f.md?p=5) on the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6)’s role to provide assistance under this section. The report shall contain an assessment of the effectiveness of the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6)’s role in providing assistance under this section, including— - (i) whether the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6)’s role helped to improve the general speed of [disaster](/usc/42/5204.md?p=2) recovery; - (ii) whether the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) providing assistance under this section had the capacity to administer this section; and - (iii) recommendations for changes to improve the [program](/usc/42/274l–1.md?p=4) if the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6)’s role to administer the [programs](/usc/42/274l–1.md?p=4) should be continued. - (H) **Report on incentives—** Not later than 12 months after October 5, 2018, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of [Representatives](/usc/42/3058f.md?p=5) on a potential incentive structure for awards made under this section to encourage participation by eligible [States](/usc/42/5122.md?p=4) and [Indian tribal governments](/usc/42/5122.md?p=6). In developing this report, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall consult with [State](/usc/42/5122.md?p=4), local, and [Indian](/usc/42/6862.md?p=6) tribal entities to gain their input on any such incentive structure to encourage participation and shall include this information in the report. This report should address, among other options, potential adjustments to the cost-share requirement and management costs to [State](/usc/42/5122.md?p=4) and [Indian tribal governments](/usc/42/5122.md?p=6). - (I) **Prohibition—** The President may not condition the provision of Federal assistance under this chapter on a [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) requesting a grant under this section. - (J) **Miscellaneous—** - (i) **Notice and comment—** The [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency may waive notice and comment rulemaking with respect to rules to carry out this section, if the [Administrator](/usc/42/4005.md?p=1) determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot [program](/usc/42/274l–1.md?p=4) until such regulations are promulgated. - (ii) **Final rule—** Not later than 2 years after October 5, 2018, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall issue final regulations to implement this subsection as amended by the [Disaster](/usc/42/5204.md?p=2) Recovery Reform Act of 2018. - (iii) **Waiver and expiration—** The authority under [clause (i)](#f-3-J-i) and any pilot [program](/usc/42/274l–1.md?p=4) implemented pursuant to such clause shall expire 2 years after October 5, 2018, or upon issuance of final regulations pursuant to [clause (ii)](#f-3-J-ii), whichever occurs sooner. - (g) **Cost sharing—** - (1) **Federal share—** Except as provided in [paragraph (2)](#g-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)](#e)— - (A) the Federal share shall be 75 percent; and - (B) the non-Federal share shall be paid from [funds](/usc/42/12854.md?p=3) made available by the [State](/usc/42/5122.md?p=4). - (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](/usc/42/2304.md?p=m) [major disaster](/usc/42/5122.md?p=2), excluding financial assistance to rent alternate [housing](/usc/42/1490p–2.md?p=r-3) accommodations under [subsection (c)(1)(A)(i)](#c-1-A-i) and financial assistance to address other needs under [subsection (e)](#e). - (2) **Other needs assistance—** The maximum financial assistance any individual or household may receive under [subsection (e)](#e) shall be equivalent to the amount set forth in [paragraph (1)](#h-1) with respect to a [single](/usc/42/2304.md?p=m) [major disaster](/usc/42/5122.md?p=2). - (3) **Adjustment of limit—** The limit established under paragraphs [(1)](#h-1) and [(2)](#h-2) shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. - (4) **Exclusion of necessary expenses for individuals with disabilities—** - (A) **In general—** The maximum amount of assistance established under [paragraph (1)](#h-1) shall exclude expenses to repair or replace damaged accessibility-related improvements under paragraphs [(2)](#c-2), [(3)](#c-3), and [(4)](#c-4) of subsection (c) for individuals with disabilities. - (B) **Other needs assistance—** The maximum amount of assistance established under [paragraph (2)](#h-2) shall exclude expenses to repair or replace accessibility-related personal property under [subsection (e)(2)](#e-2) for individuals with disabilities. - (i) **Verification measures—** In carrying out this section, the President shall develop a system, including an electronic database, that shall allow the President, or the designee of the President, to— - (1) verify the identity and address of [recipients](/usc/42/2996a.md?p=6) 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](/usc/42/1320a–7a.md?p=i-2) under this section; - (3) collect any duplicate payment on a [claim](/usc/42/1320a–7a.md?p=i-2) under this section, or reduce the amount of subsequent payments to offset the amount of any such duplicate payment; - (4) provide instructions to [recipients](/usc/42/2996a.md?p=6) 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](/usc/42/1320d.md?p=7), and procedures for determining eligibility for assistance. # §5174a. Flexibility - (a) **Waiver authority—** - (1) **Definition—** In this subsection, the term “covered assistance” means assistance provided— - (A) under [section 5174 of this title](/usc/42/5174.md); and - (B) in relation to a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) declared by the President under section [5170](/usc/42/5170.md) or [5191](/usc/42/5191.md), respectively, of this title on or after October 28, 2012. - (2) **Authority—** Notwithstanding [section 3716(e) of title 31](/usc/31/3716.md?p=e), the [Administrator](/usc/42/4005.md?p=1)— - (A) except as provided in [subparagraph (B)](#a-2-B), shall— - (i) waive a debt owed to the [United States](/usc/42/5122.md?p=3) related to [covered assistance](#a-1) provided to an individual or household if the [covered assistance](#a-1) was distributed based on an error by the Agency and such debt shall be construed as a hardship; and - (ii) waive a debt owed to the [United States](/usc/42/5122.md?p=3) related to [covered assistance](#a-1) provided to an individual or household if such assistance is subject to a [claim](/usc/42/1320a–7a.md?p=i-2) or legal action, including in accordance with section[^1] of the Robert T. Stafford [Disaster](/usc/42/5204.md?p=2) Relief and [Emergency](/usc/42/5122.md?p=1) Assistance Act ([42 U.S.C. 5160](/usc/42/5160.md)); and - (B) may not waive a debt under [subparagraph (A)](#a-2-A) if the debt involves fraud, the presentation of a false [claim](/usc/42/1320a–7a.md?p=i-2), or misrepresentation by the debtor or any party having an interest in the [claim](/usc/42/1320a–7a.md?p=i-2). - (3) **Monitoring of covered assistance distributed based on error—** - (A) **In general—** The Inspector General of the Department of Homeland Security shall monitor the distribution of [covered assistance](#a-1) to individuals and households to determine the percentage of such assistance distributed based on an error. - (B) **Report on waiver authority based on excessive error rate—** If the Inspector General of the Department of Homeland Security determines, with respect to any 12-month period, that the amount of [covered assistance](#a-1) distributed based on an error by the Agency exceeds 4 percent of the total amount of [covered assistance](#a-1) distributed— - (i) the Inspector General shall notify the [Administrator](/usc/42/4005.md?p=1) and publish the determination in the Federal Register; and - (ii) with respect to any [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) declared by the President under [section 5170](/usc/42/5170.md) or [section 5191](/usc/42/5191.md), respectively, of this title after the date on which the determination is published under [subparagraph (A)](#a-3-A), the [Administrator](/usc/42/4005.md?p=1) shall report to the Committee on Transportation and Infrastructure of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Homeland Security and Governmental Affairs of the Senate actions that the [Administrator](/usc/42/4005.md?p=1) will take to reduce the error rate. - (b) **Recoupment of certain assistance prohibited—** - (1) **In general—** Notwithstanding [section 3716(e) of title 31](/usc/31/3716.md?p=e), and unless there is evidence of civil or criminal fraud, the Agency may not take any action to recoup [covered assistance](#b-2) from the [recipient](/usc/42/2996a.md?p=6) of such assistance if the receipt of such assistance occurred on a date that is more than 3 years before the date on which the Agency first provides to the [recipient](/usc/42/2996a.md?p=6) written notification of an intent to recoup. - (2) **Covered assistance defined—** In this subsection, the term “covered assistance” means assistance provided— - (A) under [section 5174 of this title](/usc/42/5174.md); and - (B) in relation to a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) declared by the President under section [5170](/usc/42/5170.md) or [5191](/usc/42/5191.md) of this title, respectively, on or after January 1, 2012. - (c) **Statute of limitations—** - (1) **Omitted—** - (2) **Applicability—** - (A) **In general—** With respect to [disaster](/usc/42/5204.md?p=2) or [emergency](/usc/42/5122.md?p=1) assistance provided to a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) on or after January 1, 2004— - (i) no administrative action may be taken to recover a payment of such assistance after October 5, 2018, if the action is prohibited under [section 5205(a)(1) of this title](/usc/42/5205.md?p=a-1), as amended by [paragraph (1)](#c-1); and - (ii) any administrative action to recover a payment of such assistance that is pending on such date of enactment shall be terminated if the action is prohibited under [section 5205(a)(1) of this title](/usc/42/5205.md?p=a-1), as amended by [paragraph (1)](#c-1). - (B) **Limitation—** This section, including the amendments made by this section, may not be construed to invalidate or otherwise affect any administration action completed before October 5, 2018. # §5174b. Critical document fee waiver - (1) **In general—** Notwithstanding [section 214 of title 22](/usc/22/214.md) or any other provision of law, the President, in consultation with the [Governor](/usc/42/5122.md?p=5) of a [State](/usc/42/5122.md?p=4), may provide a waiver under this subsection to an individual or household described in [section 5174(e)(1) of this title](/usc/42/5174.md?p=e-1) for the following document replacement fees: - (A) The passport application fee for individuals who lost their [United States](/usc/42/5122.md?p=3) passport in a [major disaster](/usc/42/5122.md?p=2) within the preceding three calendar years. - (B) The file search fee for a [United States](/usc/42/5122.md?p=3) passport. - (C) The Application for Waiver of Passport and/or Visa form (Form I–193) fee. - (D) The Permanent Resident Card replacement form (Form I–90) filing fee. - (E) The [Declaration](/usc/42/247d–6e.md?p=e-4) of Intention form (Form N–300) filing fee. - (F) The Naturalization/Citizenship Document replacement form (Form N–565) filing fee. - (G) The Employment [Authorization](/usc/42/4370m.md?p=3) form (Form I–765) filing fee. - (H) The biometric service fee. - (2) **Exemption from form requirement—** The authority of the President to waive fees under [subparagraphs (C) through (H)](#1-C..1-H) of paragraph (1) applies regardless of whether the individual or household qualifies for a Form I–912 Request for Fee Waiver, or any successor thereto. - (3) **Exemption from assistance maximum—** The assistance limit in [section 5174(h) of this title](/usc/42/5174.md?p=h) shall not apply to any fee waived under this subsection. - (4) **Report—** Not later than 365 days after October 5, 2018, the [Administrator](/usc/42/4005.md?p=1) and the head of any other agency given critical document fee waiver authority under this subsection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of [Representatives](/usc/42/3058f.md?p=5) on the costs associated with providing critical document fee waivers as described in [paragraph (1)](#1). # [§5175. Repealed. Pub. L. 100–707, title I, § 105(m)(2), Nov. 23, 1988, 102 Stat. 4696 — repealed] # [§5176. Repealed. Pub. L. 106–390, title I, § 104(c)(2), Oct. 30, 2000, 114 Stat. 1559 — repealed] # §5177. Unemployment assistance - (a) **Benefit assistance—** The President is authorized to provide to any individual unemployed as a result of a [major disaster](/usc/42/5122.md?p=2) such benefit assistance as he deems appropriate while such individual is unemployed for the weeks of such unemployment with respect to which the individual is not entitled to any other unemployment compensation (as that term is defined in [section 85(b) of title 26](/usc/26/85.md?p=b)) or waiting period credit. Such assistance as the President shall provide shall be available to an individual as long as the individual’s unemployment caused by the [major disaster](/usc/42/5122.md?p=2) continues or until the individual is reemployed in a suitable position, but no longer than 26 weeks after the [major disaster](/usc/42/5122.md?p=2) 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](/usc/42/5122.md?p=4) in which the [disaster](/usc/42/5204.md?p=2) occurred. The President is directed to provide such assistance through [agreements](/usc/42/1320b–8.md?p=a-3-A) with [States](/usc/42/5122.md?p=4) which, in his judgment, have an adequate system for administering such assistance through existing [State agencies](/usc/42/1396r–8.md?p=k-9). - (b) **Reemployment assistance—** - (1) **State assistance—** A [State](/usc/42/5122.md?p=4) shall provide, without reimbursement from any [funds](/usc/42/12854.md?p=3) provided under this chapter, reemployment assistance services under any other law administered by the [State](/usc/42/5122.md?p=4) 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](/usc/42/5122.md?p=2) and who reside in a [State](/usc/42/5122.md?p=4) which does not provide such services. - (c) **Application deadline—** - (1) **In general—** With respect to a [major disaster](/usc/42/5122.md?p=2) for which assistance is provided under this section and [section 5174 of this title](/usc/42/5174.md), the application deadline for an individual seeking assistance under this section shall match the application deadline for individuals and households seeking assistance under [section 5174 of this title](/usc/42/5174.md). - (2) **Extension—** The President may accept an application from an individual described in [paragraph (1)](#c-1) that is submitted after the deadline described in [paragraph (1)](#c-1) if— - (A) the individual has good [cause](/usc/42/9908.md?p=c-2) for the late submission; and - (B) the individual submits the application before the date on which the period during which assistance is provided under this section for the applicable [major disaster](/usc/42/5122.md?p=2) expires. # §5177a. Emergency grants to assist low-income migrant and seasonal farmworkers - (a) **In general—** The [Secretary](/usc/42/242q–4.md?p=2) of Agriculture may make grants to [public agencies](/usc/42/11851.md?p=8) or private organizations with tax exempt status under [section 501(c)(3) of title 26](/usc/26/501.md?p=c-3), that have experience in providing [emergency](/usc/42/5122.md?p=1) services to low-[income](/usc/42/292s.md?p=c-4) migrant and seasonal farmworkers where the [Secretary](/usc/42/242q–4.md?p=2) determines that a local, [State](/usc/42/5122.md?p=4) or national [emergency](/usc/42/5122.md?p=1) or [disaster](/usc/42/5204.md?p=2) has caused [low-income migrant or seasonal farmworkers](#b) to lose [income](/usc/42/292s.md?p=c-4), to be unable to work, or to stay home or return home in anticipation of work shortages. [Emergency](/usc/42/5122.md?p=1) services to be provided with assistance received under this section may include such types of assistance as the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/292s.md?p=c-4), or been employed at least one-half of total work time in farm work; and - (3) whose annual [family](/usc/42/290ff–4.md?p=d-2) [income](/usc/42/292s.md?p=c-4) within the 12 month period referred to in [paragraph (1)](#b-1) does not exceed the higher of the [poverty level](/usc/42/8622.md?p=8) or 70 percent of the lower living [standard](/usc/42/1320d.md?p=7) [income](/usc/42/292s.md?p=c-4) level. - (c) **Authorization of appropriations—** There are authorized to be appropriated such sums as may be necessary to carry out this section. # [§5178. Repealed. Pub. L. 106–390, title II, § 206(c), Oct. 30, 2000, 114 Stat. 1571 — repealed] # §5179. Benefits and distribution - (a) **Persons eligible; terms and conditions—** Whenever the President determines that, as a result of a [major disaster](/usc/42/5122.md?p=2), low-[income](/usc/42/292s.md?p=c-4) 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](/usc/42/242q–4.md?p=2) of Agriculture or other appropriate agencies benefit allotments to such households pursuant to the provisions of the Food and Nutrition Act of 2008 of 1964[^1] (P.L. 91–671; 84 Stat. 2048) [[7 U.S.C. 2011](/usc/7/2011.md) et seq.] and to make surplus commodities available pursuant to the provisions of this chapter. - (b) **Duration of assistance; factors considered—** The President, through the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/5122.md?p=2) on the earning power of the households, to which assistance is made available under this section. - (c) **Food and Nutrition Act provisions unaffected—** Nothing in this section shall be construed as amending or otherwise changing the provisions of the Food and Nutrition Act of 2008 of 1964[^1] [[7 U.S.C. 2011](/usc/7/2011.md) et seq.] except as they relate to the availability of supplemental nutrition assistance [program](/usc/42/274l–1.md?p=4) benefits in an area affected by a [major disaster](/usc/42/5122.md?p=2). # §5180. Food commodities - (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](/usc/42/5122.md?p=1) mass feeding or distribution in any area of the [United States](/usc/42/5122.md?p=3) which suffers a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). - (b) **Funds for purchase of food commodities—** The [Secretary](/usc/42/242q–4.md?p=2) of Agriculture shall utilize [funds](/usc/42/12854.md?p=3) appropriated under [section 612c of title 7](/usc/7/612c.md), to purchase food commodities necessary to provide adequate supplies for use in any area of the [United States](/usc/42/5122.md?p=3) in the event of a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) in such area. # §5181. Relocation assistance Notwithstanding any other provision of law, no [person](/usc/42/1320a–7k.md?p=d-4-C-i) otherwise eligible for any kind of replacement [housing](/usc/42/1490p–2.md?p=r-3) payment under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91–646) [[42 U.S.C. 4601](/usc/42/4601.md) et seq.] shall be denied such eligibility as a result of his being unable, because of a [major disaster](/usc/42/5122.md?p=2) as determined by the President, to meet the occupancy requirements set by such Act. # §5182. Legal services Whenever the President determines that low-[income](/usc/42/292s.md?p=c-4) individuals are unable to secure legal services adequate to meet their needs as a consequence of a [major disaster](/usc/42/5122.md?p=2), consistent with the goals of the [programs](/usc/42/274l–1.md?p=4) authorized by this chapter, the President shall assure that such [programs](/usc/42/274l–1.md?p=4) are conducted with the advice and assistance of appropriate [Federal agencies](/usc/42/5122.md?p=9) and [State](/usc/42/5122.md?p=4) and local bar associations. # §5183. Crisis counseling assistance and training - (a) **In general—** The President is authorized to provide professional counseling services, including financial assistance to [State](/usc/42/5122.md?p=4) or local agencies or private mental health organizations to provide such services or [training](/usc/42/285e–2.md?p=b-2) of [disaster](/usc/42/5204.md?p=2) workers, to victims of [major disasters](/usc/42/5122.md?p=2) in order to relieve mental health problems caused or aggravated by such [major disaster](/usc/42/5122.md?p=2) or its aftermath. - (b) **Training—** Each [State](/usc/42/5122.md?p=4), local agency, or private mental health organization providing professional counseling services described in [subsection (a)](#a) shall ensure that, any individual providing professional counseling services to victims of a [major disaster](/usc/42/5122.md?p=2) as authorized under [subsection (a)](#a), including individuals working for nonprofit partners and recovery organizations, is appropriately trained to address impacts from [major disasters](/usc/42/5122.md?p=2) in communities, and to individuals, with socio-economically disadvantaged backgrounds. # §5184. Community disaster loans - (a) **In general—** The President is authorized to make loans to any [local government](/usc/42/5122.md?p=8) which may suffer a substantial loss of tax and other revenues as a result of a [major disaster](/usc/42/5122.md?p=2), 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](/usc/42/5122.md?p=8) for the fiscal year in which the [major disaster](/usc/42/5122.md?p=2) occurs, and shall not exceed $5,000,000; or - (2) if the loss of tax and other revenues of the [local government](/usc/42/5122.md?p=8) as a result of the [major disaster](/usc/42/5122.md?p=2) is at least 75 percent of the annual operating budget of that [local government](/usc/42/5122.md?p=8) for the fiscal year in which the [major disaster](/usc/42/5122.md?p=2) occurs, 50 percent of the annual operating budget of that [local government](/usc/42/5122.md?p=8) for the fiscal year in which the [major disaster](/usc/42/5122.md?p=2) 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](/usc/42/5122.md?p=8) during the three full fiscal year period following the [major disaster](/usc/42/5122.md?p=2) are insufficient to meet the operating budget of the [local government](/usc/42/5122.md?p=8), including additional [disaster](/usc/42/5204.md?p=2)-related expenses of a municipal operation character shall be cancelled. - (2) **Condition on continuing eligibility—** A [local government](/usc/42/5122.md?p=8) shall not be eligible for further assistance under this section during any period in which the [local government](/usc/42/5122.md?p=8) is in arrears with respect to a required repayment of a loan under this section. - (d) **Effect on other assistance—** Any loans made under this section shall not reduce or otherwise affect any grants or other assistance under this chapter. # §5185. Emergency communications The President is authorized during, or in anticipation of, an [emergency](/usc/42/5122.md?p=1) or [major disaster](/usc/42/5122.md?p=2) to establish temporary communications systems and to make such communications available to [State](/usc/42/5122.md?p=4) and [local government](/usc/42/5122.md?p=8) officials and other [persons](/usc/42/1320a–7k.md?p=d-4-C-i) as he deems appropriate. # §5186. Emergency public transportation The President is authorized to provide temporary public transportation service in an area affected by a [major disaster](/usc/42/5122.md?p=2) to meet [emergency](/usc/42/5122.md?p=1) needs and to provide transportation to governmental [offices](/usc/42/3058f.md?p=1), supply centers, stores, post [offices](/usc/42/3058f.md?p=1), [schools](/usc/42/6372.md?p=1), 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. # §5187. Fire management assistance - (a) **In general—** The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) 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](/usc/42/5122.md?p=2). - (b) **Coordination with State and tribal departments of forestry—** In providing assistance under this section, the President shall coordinate with [State](/usc/42/5122.md?p=4) 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](/usc/42/5170b.md). - (d) **Hazard mitigation assistance—** Whether or not a [major disaster](/usc/42/5122.md?p=2) is declared, the President may provide [hazard](/usc/42/5165f.md?p=a-3) mitigation assistance in accordance with [section 5170c of this title](/usc/42/5170c.md) in any area affected by a fire for which assistance was provided under this section. - (e) **Rules and regulations—** The President shall prescribe such rules and regulations as are necessary to carry out this section. # §5188. Timber sale contracts - (a) **Cost-sharing arrangement—** Where an existing timber sale contract between the [Secretary](/usc/42/242q–4.md?p=2) of Agriculture or the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/7479.md?p=2-C) of any section of specified road or of any other specified development [facility](/usc/42/11049.md?p=4) and, as a result of a [major disaster](/usc/42/5122.md?p=2), a major physical change results in additional [construction](/usc/42/7479.md?p=2-C) work in connection with such road or [facility](/usc/42/11049.md?p=4) by such purchaser with an estimated cost, as determined by the appropriate [Secretary](/usc/42/242q–4.md?p=2), (1) of more than $1,000 for sales under one million [board](/usc/42/10261.md?p=2) feet, (2) of more than $1 per thousand [board](/usc/42/10261.md?p=2) feet for sales of one to three million [board](/usc/42/10261.md?p=2) feet, or (3) of more than $3,000 for sales over three million [board](/usc/42/10261.md?p=2) feet, such increased [construction](/usc/42/7479.md?p=2-C) cost shall be borne by the [United States](/usc/42/5122.md?p=3). - (b) **Cancellation of authority—** If the appropriate [Secretary](/usc/42/242q–4.md?p=2) determines that [damages](/usc/42/9601.md?p=6) are so great that restoration, reconstruction, or [construction](/usc/42/7479.md?p=2-C) is not practical under the [cost-sharing](/usc/42/18022.md?p=c-3-A) arrangement authorized by [subsection (a)](#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](/usc/42/242q–4.md?p=2) of Agriculture is authorized to reduce to seven days the minimum period of advance public notice required by section 476[^1] of [title 16](/usc/16.md), in connection with the sale of timber from national forests, whenever the [Secretary](/usc/42/242q–4.md?p=2) determines that (1) the sale of such timber will assist in the [construction](/usc/42/7479.md?p=2-C) of any area of a [State](/usc/42/5122.md?p=4) damaged by a [major disaster](/usc/42/5122.md?p=2), (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](/usc/42/5122.md?p=2) 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](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) for the purpose of removing from privately owned lands timber damaged as a result of a [major disaster](/usc/42/5122.md?p=2), and such [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) is authorized upon application, to make payments out of such grants to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) for reimbursement of expenses actually incurred by such [person](/usc/42/1320a–7k.md?p=d-4-C-i) in the [removal](/usc/42/9601.md?p=23) of damaged timber, not to exceed the amount that such expenses exceed the salvage value of such timber. # §5189. Simplified procedure - (a) **In general—** If the Federal estimate of the cost of— - (1) repairing, restoring, reconstructing, or replacing under [section 5172 of this title](/usc/42/5172.md) any damaged or destroyed [public facility](/usc/42/5122.md?p=10) or [private nonprofit facility](/usc/42/5122.md?p=11-A), - (2) [emergency](/usc/42/5122.md?p=1) assistance under section [5170b](/usc/42/5170b.md) or [5192](/usc/42/5192.md) of this title, or - (3) debris removed under [section 5173 of this title](/usc/42/5173.md), is less than $1,000,000 (or, if the [Administrator](/usc/42/4005.md?p=1) has established a threshold under [subsection (b)](#b), the amount established under [subsection (b)](#b)), the President (on application of the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) or the [owner or operator](/usc/42/9601.md?p=20-B) of the [private nonprofit facility](/usc/42/5122.md?p=11-A)) may make the contribution to such [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) or [owner or operator](/usc/42/9601.md?p=20-B) under section [5170b](/usc/42/5170b.md), [5172](/usc/42/5172.md), [5173](/usc/42/5173.md), or [5192](/usc/42/5192.md) of this title, as the case may be, on the basis of such Federal estimate. Such $1,000,000 amount or, if applicable, the amount established under [subsection (b)](#b), shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. - (b) **Threshold—** - (1) **Report—** Not later than 1 year after January 29, 2013, the President, acting through the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency (in this section referred to as the “[Administrator](/usc/42/4005.md?p=1)”), shall— - (A) complete an analysis to determine whether an increase in the threshold for eligibility under [subsection (a)](#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](/usc/42/3058f.md?p=5) and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis conducted under [subparagraph (A)](#b-1-A). - (2) **Amount—** After the [Administrator](/usc/42/4005.md?p=1) submits the report required under [paragraph (1)](#b-1), the President shall direct the [Administrator](/usc/42/4005.md?p=1) to— - (A) immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to [chapter 5](/usc/5/chptI-ch5.md) 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 and report—** Not later than 3 years after the date on which the [Administrator](/usc/42/4005.md?p=1) establishes a threshold under [paragraph (2)](#b-2), and every 3 years thereafter, the President, acting through the [Administrator](/usc/42/4005.md?p=1), shall review the threshold for eligibility under this section and submit to the Committee on Transportation and Infrastructure of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding such review, including any recommendations developed pursuant to such review. # §5189a. Appeals of assistance decisions - (a) **Right of appeal—** Any decision regarding eligibility for, from, or amount of assistance under this subchapter 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)](#a) shall be rendered within 90 days after the date on which the Federal official designated to administer such appeals receives notice of such appeal. - (c) **Rules—** The President shall issue rules which provide for the fair and impartial consideration of appeals under this section. - (d) **Right of arbitration—** - (1) **In general—** Notwithstanding this section, an applicant for assistance under this subchapter may request arbitration to dispute the eligibility for assistance or repayment of assistance provided for a dispute of more than $500,000 for any [disaster](/usc/42/5204.md?p=2) that occurred after January 1, 2016. Such arbitration shall be conducted by the Civilian [Board](/usc/42/10261.md?p=2) of Contract Appeals and the decision of such [Board](/usc/42/10261.md?p=2) shall be binding. - (2) **Review—** The Civilian [Board](/usc/42/10261.md?p=2) of Contract Appeals shall consider from the applicant all original and additional documentation, testimony, or other such evidence supporting the applicant’s position at any time during arbitration. - (3) **Rural areas—** For an applicant for assistance in a [rural area](#d-4) under this subchapter, the assistance amount eligible for arbitration pursuant to this subsection shall be $100,000. - (4) **Rural area defined—** For the purposes of this subsection, the term “rural area” means an area with a population of less than 200,000 outside an urbanized area. - (5) **Eligibility—** To participate in arbitration under this subsection, an applicant— - (A) shall submit the dispute to the arbitration process established under the authority granted under section 601 of Public Law 111–5; and - (B) may submit a request for arbitration after the completion of the first appeal under [subsection (a)](#a) at any time before the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency has issued a final agency determination or 180 days after the [Administrator](/usc/42/4005.md?p=1)’s receipt of the appeal if the [Administrator](/usc/42/4005.md?p=1) has not provided the applicant with a final determination on the appeal. The applicant’s request shall contain documentation from the administrative record for the first appeal and may contain additional documentation supporting the applicant’s position. # §5189b. Date of eligibility; expenses incurred before date of disaster Eligibility for Federal assistance under this subchapter shall begin on the date of the occurrence of the event which results in a [declaration](/usc/42/247d–6e.md?p=e-4) by the President that a [major disaster](/usc/42/5122.md?p=2) exists; except that reasonable expenses which are incurred in anticipation of and immediately preceding such event may be eligible for Federal assistance under this chapter. # §5189c. Transportation assistance to individuals and households The President may provide transportation assistance to relocate individuals displaced from their predisaster primary residences as a result of an incident declared under this chapter or otherwise transported from their predisaster primary residences under section [5170b(a)(3)](/usc/42/5170b.md?p=a-3) or [5192](/usc/42/5192.md) of this title, 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. # §5189d. Case management services - (a) **In general—** The President may provide case management services, including financial assistance, to [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) agencies or qualified private organizations to provide such services, to victims of [major disasters](/usc/42/5122.md?p=2) to identify and address unmet needs. - (b) **Training—** Each [State](/usc/42/5122.md?p=4), [local government](/usc/42/5122.md?p=8) agency, or qualified private organization providing professional counseling services described in [subsection (a)](#a) shall ensure that any individual providing case management services to victims of a [major disaster](/usc/42/5122.md?p=2) as authorized under [subsection (a)](#a), including individuals working for nonprofit partners and recovery organizations, is appropriately trained to address impacts from [major disasters](/usc/42/5122.md?p=2) in communities, and to individuals, with socio-economically disadvantaged backgrounds. # §5189e. Essential service providers - (a) **Definition—** In this section, the term “essential service provider” means an entity that— - (1) - (A) provides - (i) wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service; - (ii) electrical power; - (iii) natural gas; - (iv) water and sewer services; or - (v) any other essential service, as determined by the President; or - (B) is a tower [owner or operator](/usc/42/9601.md?p=20-B); - (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](/usc/42/5122.md?p=1) or [major disaster](/usc/42/5122.md?p=2). - (b) **Authorization for accessibility—** Unless exceptional circumstances apply, in an [emergency](/usc/42/5122.md?p=1) or [major disaster](/usc/42/5122.md?p=2), the head of a [Federal agency](/usc/42/5122.md?p=9), to the greatest extent practicable, shall not— - (1) deny or impede access to the [disaster](/usc/42/5204.md?p=2) site to an [essential service provider](#a) whose access is necessary to restore and repair an essential service; or - (2) impede the restoration or repair of the services described in [subsection (a)(1)](#a-1). - (c) **Implementation—** In implementing this section, the head of a [Federal agency](/usc/42/5122.md?p=9) shall follow all applicable Federal laws, regulations, and policies. # §5189f. Public assistance program alternative procedures - (a) **Approval of projects—** The President, acting through the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency, may approve [projects](/usc/42/11360.md?p=20) under the alternative procedures adopted under this section for any [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) declared on or after January 29, 2013. The [Administrator](/usc/42/4005.md?p=1) may also apply the alternate procedures adopted under this section to a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) declared before enactment of this Act for which [construction](/usc/42/7479.md?p=2-C) has not begun as of the date of enactment of this Act.[^1] - (b) **Adoption—** The [Administrator](/usc/42/4005.md?p=1), in coordination with [States](/usc/42/5122.md?p=4), tribal and [local governments](/usc/42/5122.md?p=8), and [owners](/usc/42/13641.md?p=4) or operators of [private nonprofit facilities](/usc/42/5122.md?p=11-A), may adopt alternative procedures to administer assistance provided under sections [5170b(a)(3)(A)](/usc/42/5170b.md?p=a-3-A), [5172](/usc/42/5172.md), [5173](/usc/42/5173.md), and [5192(a)(5)](/usc/42/5192.md?p=a-5) of this title. - (c) **Goals of procedures—** The alternative procedures adopted under [subsection (a)](#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](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A); and - (4) providing financial incentives and disincentives for a [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A) for the timely and [cost-effective](/usc/42/1396e.md?p=e-2) completion of [projects](/usc/42/11360.md?p=20) with such assistance. - (d) **Participation—** - (1) **In general—** Participation in the alternative procedures adopted under this section shall be at the election of a [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A) consistent with procedures determined by the [Administrator](/usc/42/4005.md?p=1). - (2) **No conditions—** The President may not condition the provision of Federal assistance under this chapter on the election by a [State](/usc/42/5122.md?p=4), local, or [Indian tribal government](/usc/42/5122.md?p=6), or [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A) to participate in the alternative procedures adopted under this section. - (e) **Minimum procedures—** The alternative procedures adopted under this section shall include the following: - (1) For repair, restoration, and replacement of damaged [facilities](/usc/42/11049.md?p=4) under [section 5172 of this title](/usc/42/5172.md)— - (A) making grants on the basis of fixed estimates, if the [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner or operator](/usc/42/9601.md?p=20-B) of the [private nonprofit facility](/usc/42/5122.md?p=11-A) agrees to be responsible for any actual costs that exceed the estimate; - (B) providing an option for a [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A) 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](/usc/42/5122.md?p=10) owned or controlled by the [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8) or [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A); and - (ii) management expenses; - (C) consolidating, to the extent determined appropriate by the [Administrator](/usc/42/4005.md?p=1), the [facilities](/usc/42/11049.md?p=4) of a [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A) as a [single](/usc/42/2304.md?p=m) [project](/usc/42/11360.md?p=20) based upon the estimates adopted under the procedures; - (D) if the actual costs of a [project](/usc/42/11360.md?p=20) completed under the procedures are less than the estimated costs thereof, the [Administrator](/usc/42/4005.md?p=1) may permit a grantee or subgrantee to use all or part of the excess [funds](/usc/42/12854.md?p=3) for— - (i) [cost-effective](/usc/42/1396e.md?p=e-2) activities that reduce the risk of future damage, hardship, or suffering from a [major disaster](/usc/42/5122.md?p=2); and - (ii) other activities to improve future Public Assistance operations or planning; - (E) in determining eligible costs under [section 5172 of this title](/usc/42/5172.md), the [Administrator](/usc/42/4005.md?p=1) shall make available, at an applicant’s request and where the [Administrator](/usc/42/4005.md?p=1) or the certified cost estimate prepared by the applicant’s professionally licensed engineers has estimated an eligible Federal share for a [project](/usc/42/11360.md?p=20) of at least $5,000,000, an independent expert [panel](/usc/42/10362.md?p=16) to validate the estimated eligible cost consistent with applicable regulations and policies implementing this section; - (F) in determining eligible costs under [section 5172 of this title](/usc/42/5172.md), the [Administrator](/usc/42/4005.md?p=1) shall, at the applicant’s request, consider properly conducted and certified cost estimates prepared by professionally licensed engineers (mutually agreed upon by the [Administrator](/usc/42/4005.md?p=1) and the applicant), to the extent that such estimates comply with applicable regulations, policy, and guidance; and - (G) once certified by a professionally licensed engineer and accepted by the [Administrator](/usc/42/4005.md?p=1), the estimates on which grants made pursuant to this section are based shall be presumed to be reasonable and eligible costs, as long as there is no evidence of fraud. - (2) For debris [removal](/usc/42/9601.md?p=23) under sections [5170b(a)(3)(A)](/usc/42/5170b.md?p=a-3-A), [5173](/usc/42/5173.md), and [5192(a)(5)](/usc/42/5192.md?p=a-5) of this title— - (A) making grants on the basis of fixed estimates to provide financial incentives and disincentives for the timely or [cost-effective](/usc/42/1396e.md?p=e-2) completion if the [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner or operator](/usc/42/9601.md?p=20-B) of the [private nonprofit facility](/usc/42/5122.md?p=11-A) 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](/usc/42/9601.md?p=23) of debris and wreckage based on the time it takes to complete debris and wreckage [removal](/usc/42/9601.md?p=23); - (C) allowing use of [program](/usc/42/274l–1.md?p=4) [income](/usc/42/292s.md?p=c-4) from recycled debris without offset to the grant amount; - (D) reimbursing base and overtime wages for [employees](/usc/42/1320a–7h.md?p=e-7) and extra hires of a [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner or operator](/usc/42/9601.md?p=20-B) of a [private nonprofit facility](/usc/42/5122.md?p=11-A) performing or administering debris and wreckage [removal](/usc/42/9601.md?p=23); - (E) providing incentives to a [State](/usc/42/5122.md?p=4) or tribal or [local government](/usc/42/5122.md?p=8) to have a debris management plan approved by the [Administrator](/usc/42/4005.md?p=1) and have pre-qualified 1 or more debris and wreckage [removal](/usc/42/9601.md?p=23) contractors before the date of [declaration](/usc/42/247d–6e.md?p=e-4) of the [major disaster](/usc/42/5122.md?p=2); and - (F) if the actual costs of [projects](/usc/42/11360.md?p=20) under [subparagraph (A)](#e-2-A) are less than the estimated costs of the [project](/usc/42/11360.md?p=20), the [Administrator](/usc/42/4005.md?p=1) may permit a grantee or subgrantee to use all or part of the excess [funds](/usc/42/12854.md?p=3) 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](/usc/42/9601.md?p=23) operations, as determined by the [Administrator](/usc/42/4005.md?p=1). - (f) **Waiver authority—** Until such time as the [Administrator](/usc/42/4005.md?p=1) promulgates regulations to implement this section, the [Administrator](/usc/42/4005.md?p=1) may— - (1) waive notice and comment rulemaking, if the [Administrator](/usc/42/4005.md?p=1) determines the waiver is necessary to expeditiously implement this section; and - (2) carry out the alternative procedures under this section as a pilot [program](/usc/42/274l–1.md?p=4). - (g) **Overtime payments—** The guidelines for reimbursement for costs under [subsection (e)(2)(D)](#e-2-D) shall ensure that no [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 ([29 U.S.C. 201](/usc/29/201.md) 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](/usc/42/3058f.md?p=5) a report on the alternative procedures for the repair, restoration, and replacement of damaged [facilities](/usc/42/11049.md?p=4) under [section 5172 of this title](/usc/42/5172.md) 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](/usc/42/5204.md?p=2) recovery; - (B) the accuracy of the estimates relied upon; - (C) whether the financial incentives and disincentives were effective; - (D) whether the alternative procedures were cost effective; - (E) whether the independent expert [panel](/usc/42/10362.md?p=16) described in [subsection (e)(1)(E)](#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. # §5189g. Unified Federal review - (a) **In general—** Not later than 18 months after January 29, 2013, and in consultation with the [Council](/usc/42/300f.md?p=9) on Environmental Quality and the [Advisory Council](/usc/42/274l–1.md?p=1) 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](/usc/42/5204.md?p=2) recovery [projects](/usc/42/11360.md?p=20), 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](/usc/42/5122.md?p=2) and be updated, as appropriate, consistent with applicable law. # §5189h. Agency accountability - (a) **Public assistance—** Not later than 5 days after an award of a public assistance grant is made under [section 5172 of this title](/usc/42/5172.md) that is in excess of $1,000,000, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall publish on the website of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency the specifics of each such grant award, including— - (1) identifying the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency Region; - (2) the [disaster](/usc/42/5204.md?p=2) or [emergency declaration](/usc/42/1397h.md?p=c-2) number; - (3) the [State](/usc/42/5122.md?p=4), county, and applicant name; - (4) if the applicant is a private nonprofit organization; - (5) the damage category code; - (6) the amount of the Federal share obligated; and - (7) the date of the award. - (b) **Mission assignments—** - (1) **In general—** Not later than 5 days after the issuance of a mission assignment or mission assignment task order, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall publish on the website of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency any mission assignment or mission assignment task order to another Federal department or agency regarding a [major disaster](/usc/42/5122.md?p=2) in excess of $1,000,000, including— - (A) the name of the impacted [State](/usc/42/5122.md?p=4) or [Indian Tribe](/usc/42/300f.md?p=14); - (B) the [disaster](/usc/42/5204.md?p=2) [declaration](/usc/42/247d–6e.md?p=e-4) for such [State](/usc/42/5122.md?p=4) or [Indian Tribe](/usc/42/300f.md?p=14); - (C) the assigned agency; - (D) the assistance requested; - (E) a description of the [disaster](/usc/42/5204.md?p=2); - (F) the total cost estimate; - (G) the amount obligated; - (H) the [State](/usc/42/5122.md?p=4) or [Indian tribal government](/usc/42/5122.md?p=6) cost share, if applicable; - (I) the authority under which the mission assignment or mission assignment task order was directed; and - (J) if applicable, the date a [State](/usc/42/5122.md?p=4) or [Indian Tribe](/usc/42/300f.md?p=14) requested the mission assignment. - (2) **Recording changes—** Not later than 10 days after the last day of each month until a mission assignment or mission assignment task order described in [paragraph (1)](#b-1) is completed and closed out, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall update any changes to the total cost estimate and the amount obligated. - (c) **Disaster relief monthly report—** Not later than 10 days after the first day of each month, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall publish on the website of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency reports, including a specific description of the methodology and the source data used in developing such reports, including— - (1) an estimate of the amounts for the fiscal year covered by the President’s most recent budget pursuant to [section 1105(a) of title 31](/usc/31/1105.md?p=a) including— - (A) the unobligated balance of [funds](/usc/42/12854.md?p=3) to be carried over from the prior fiscal year to the budget year; - (B) the unobligated balance of [funds](/usc/42/12854.md?p=3) to be carried over from the budget year to the budget year plus 1; - (C) the amount of obligations for noncatastrophic events for the budget year; - (D) the amount of obligations for the budget year for catastrophic events delineated by event and by [State](/usc/42/5122.md?p=4); - (E) the total amount that has been previously obligated or will be required for catastrophic events delineated by event and by [State](/usc/42/5122.md?p=4) for all prior years, the current fiscal year, the budget year, and each fiscal year thereafter; - (F) the amount of previously obligated [funds](/usc/42/12854.md?p=3) that will be recovered for the budget year; - (G) the amount that will be required for obligations for [emergencies](/usc/42/5122.md?p=1), as described in [section 5122(1) of this title](/usc/42/5122.md?p=1), [major disasters](/usc/42/5122.md?p=2), as described in [section 5122(2) of this title](/usc/42/5122.md?p=2), fire management assistance grants, as described in [section 5187 of this title](/usc/42/5187.md), surge activities, and [disaster](/usc/42/5204.md?p=2) readiness and support activities; and - (H) the amount required for activities not covered under [section 901(b)(2)(D)(iii) of title 2](/usc/2/901.md?p=b-2-D-iii); and - (2) an estimate or actual amounts, if available, of the following for the current fiscal year, which shall be submitted not later than the fifth day of each month, published by the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency on the website of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency not later than the fifth day of each month: - (A) A summary of the amount of appropriations made available by source, the transfers executed, the previously allocated [funds](/usc/42/12854.md?p=3) recovered, and the commitments, [allocations](/usc/42/2021b.md?p=2), and obligations made. - (B) A table of [disaster](/usc/42/5204.md?p=2) relief activity delineated by month, including— - (i) the beginning and ending balances; - (ii) the total obligations to include amounts obligated for fire assistance, [emergencies](/usc/42/5122.md?p=1), surge, and [disaster](/usc/42/5204.md?p=2) support activities; - (iii) the obligations for catastrophic events delineated by event and by [State](/usc/42/5122.md?p=4); and - (iv) the amount of previously obligated [funds](/usc/42/12854.md?p=3) that are recovered. - (C) A summary of [allocations](/usc/42/2021b.md?p=2), obligations, and expenditures for catastrophic events delineated by event. - (D) The cost of the following [categories](/usc/42/1395w–4.md?p=j-1) of spending: - (i) Public assistance. - (ii) Individual assistance. - (iii) Mitigation. - (iv) Administrative. - (v) Operations. - (vi) Any other relevant [category](/usc/42/1395w–4.md?p=j-1) (including [emergency](/usc/42/5122.md?p=1) measures and [disaster](/usc/42/5204.md?p=2) resources) delineated by [disaster](/usc/42/5204.md?p=2). - (E) The date on which [funds](/usc/42/12854.md?p=3) appropriated will be exhausted. - (d) **Contracts—** - (1) **Information—** Not later than 10 days after the first day of each month, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall publish on the website of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency the specifics of each contract in excess of $1,000,000 that the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency enters into, including— - (A) the name of the party; - (B) the date the contract was awarded; - (C) the amount and scope of the contract; - (D) if the contract was awarded through a competitive bidding process; - (E) if no competitive bidding process was used, the reason why competitive bidding was not used; and - (F) the authority used to bypass the competitive bidding process. The information shall be delineated by [disaster](/usc/42/5204.md?p=2), if applicable, and specify the damage category code, if applicable. - (2) **Report—** Not later than 10 days after the last day of the fiscal year, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall provide a report to the appropriate committees of Congress summarizing the following information for the preceding fiscal year: - (A) The number of contracts awarded without competitive bidding. - (B) The reasons why a competitive bidding process was not used. - (C) The total amount of contracts awarded with no competitive bidding. - (D) The damage [category](/usc/42/1395w–4.md?p=j-1) codes, if applicable, for contracts awarded without competitive bidding. - (e) **Collection of public assistance recipient and subrecipient contracts—** - (1) **In general—** Not later than 180 days after October 5, 2018, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall initiate and maintain an effort to collect and store information, prior to the [project](/usc/42/11360.md?p=20) closeout phase on any contract entered into by a public assistance [recipient](/usc/42/2996a.md?p=6) or subrecipient that through the base award, available options, or any subsequent [modifications](/usc/42/7501.md?p=4) has an estimated value of more than $1,000,000 and is funded through section [5165b](/usc/42/5165b.md), [5170b](/usc/42/5170b.md), [5170c](/usc/42/5170c.md), [5172](/usc/42/5172.md), [5173](/usc/42/5173.md), [5189f](/usc/42/5189f.md), or [5192](/usc/42/5192.md) of this title, including— - (A) the [disaster](/usc/42/5204.md?p=2) number, [project](/usc/42/11360.md?p=20) worksheet number, and the [category](/usc/42/1395w–4.md?p=j-1) of work associated with each contract; - (B) the name of each party; - (C) the date the contract was awarded; - (D) the amount of the contract; - (E) the scope of the contract; - (F) the period of performance for the contract; and - (G) whether the contract was awarded through a competitive bidding process. - (2) **Availability of information collected—** The [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall make the information collected and stored under [paragraph (1)](#e-1) available to the Inspector General of the Department of Homeland Security, the Government Accountability [Office](/usc/42/3058f.md?p=1), and appropriate committees of Congress, upon request. - (3) **Report—** Not later than 365 days after October 5, 2018, the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of [Representatives](/usc/42/3058f.md?p=5) on the efforts of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency to collect the information described in [paragraph (1)](#e-1). # §5191. Procedure for declaration - (a) **Request and declaration—** All requests for a [declaration](/usc/42/247d–6e.md?p=e-4) by the President that an [emergency](/usc/42/5122.md?p=1) exists shall be made by the [Governor](/usc/42/5122.md?p=5) of the affected [State](/usc/42/5122.md?p=4). 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](/usc/42/5122.md?p=4) and the affected [local governments](/usc/42/5122.md?p=8) and that Federal assistance is necessary. As a part of such request, and as a prerequisite to [emergency](/usc/42/5122.md?p=1) assistance under this chapter, the [Governor](/usc/42/5122.md?p=5) shall take appropriate action under [State](/usc/42/5122.md?p=4) law and direct execution of the [State](/usc/42/5122.md?p=4)’s [emergency](/usc/42/5122.md?p=1) plan. The [Governor](/usc/42/5122.md?p=5) shall furnish information describing the [State](/usc/42/5122.md?p=4) and local efforts and resources which have been or will be used to alleviate the [emergency](/usc/42/5122.md?p=1), and will define the type and extent of Federal aid required. Based upon such [Governor](/usc/42/5122.md?p=5)’s request, the President may declare that an [emergency](/usc/42/5122.md?p=1) exists. - (b) **Certain emergencies involving Federal primary responsibility—** The President may exercise any authority vested in him by [section 5192 of this title](/usc/42/5192.md) or [section 5193 of this title](/usc/42/5193.md) with respect to an [emergency](/usc/42/5122.md?p=1) when he determines that an [emergency](/usc/42/5122.md?p=1) exists for which the primary responsibility for response rests with the [United States](/usc/42/5122.md?p=3) because the [emergency](/usc/42/5122.md?p=1) involves a subject area for which, under the Constitution or laws of the [United States](/usc/42/5122.md?p=3), the [United States](/usc/42/5122.md?p=3) exercises exclusive or preeminent responsibility and authority. In determining whether or not such an [emergency](/usc/42/5122.md?p=1) exists, the President shall consult the [Governor](/usc/42/5122.md?p=5) of any affected [State](/usc/42/5122.md?p=4), if practicable. The President’s determination may be made without regard to [subsection (a)](#a). - (c) **Indian tribal government requests—** - (1) **In general—** The [Chief Executive](/usc/42/5122.md?p=12) of an affected [Indian tribal government](/usc/42/5122.md?p=6) may submit a request for a [declaration](/usc/42/247d–6e.md?p=e-4) by the President that an [emergency](/usc/42/5122.md?p=1) exists consistent with the requirements of [subsection (a)](#a). - (2) **References—** In implementing assistance authorized by the President under this subchapter in response to a request of the [Chief Executive](/usc/42/5122.md?p=12) of an affected [Indian tribal government](/usc/42/5122.md?p=6) for an [emergency declaration](/usc/42/1397h.md?p=c-2), any reference in this subchapter or subchapter III (except sections [5153](/usc/42/5153.md) and [5165d](/usc/42/5165d.md) of this title) to a [State](/usc/42/5122.md?p=4) or the [Governor](/usc/42/5122.md?p=5) of a [State](/usc/42/5122.md?p=4) is deemed to refer to an affected [Indian tribal government](/usc/42/5122.md?p=6) or the [Chief Executive](/usc/42/5122.md?p=12) of an affected [Indian tribal government](/usc/42/5122.md?p=6), as appropriate. - (3) **Savings provision—** Nothing in this subsection shall prohibit an [Indian tribal government](/usc/42/5122.md?p=6) from receiving assistance under this subchapter through a [declaration](/usc/42/247d–6e.md?p=e-4) made by the President at the request of a [State](/usc/42/5122.md?p=4) under [subsection (a)](#a) if the President does not make a [declaration](/usc/42/247d–6e.md?p=e-4) under this subsection for the same incident. # §5192. Federal emergency assistance - (a) **Specified—** In any [emergency](/usc/42/5122.md?p=1), the President may— - (1) direct any [Federal agency](/usc/42/5122.md?p=9), with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, [facilities](/usc/42/11049.md?p=4), and managerial, technical and advisory services) in support of [State](/usc/42/5122.md?p=4) and local [emergency](/usc/42/5122.md?p=1) 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](/usc/42/5204.md?p=2) relief assistance (including voluntary assistance) provided by [Federal agencies](/usc/42/5122.md?p=9), private organizations, and [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8); - (3) provide technical and advisory assistance to affected [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) for— - (A) the performance of essential community services; - (B) issuance of warnings of risks or [hazards](/usc/42/5165f.md?p=a-3); - (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](/usc/42/5122.md?p=1) assistance through [Federal agencies](/usc/42/5122.md?p=9); - (5) [remove](/usc/42/9601.md?p=23) debris in accordance with the terms and conditions of [section 5173 of this title](/usc/42/5173.md); - (6) provide assistance in accordance with [section 5174 of this title](/usc/42/5174.md) and [section 5183 of this title](/usc/42/5183.md); - (7) assist [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) in the distribution of medicine, food, and other consumable supplies, and [emergency](/usc/42/5122.md?p=1) 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](/usc/42/5122.md?p=4) in which such assistance or support is provided; and - (B) shall not, in notifying and coordinating with a [State](/usc/42/5122.md?p=4) under [subparagraph (A)](#a-8-A), delay or impede the rapid deployment, use, and distribution of critical resources to victims of an [emergency](/usc/42/5122.md?p=1). - (b) **General—** Whenever the Federal assistance provided under [subsection (a)](#a) with respect to an [emergency](/usc/42/5122.md?p=1) is inadequate, the President may also provide assistance with respect to efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe, including precautionary evacuations. - (c) **Guidelines—** The President shall promulgate and maintain guidelines to assist [Governors](/usc/42/5122.md?p=5) in requesting the [declaration](/usc/42/247d–6e.md?p=e-4) of an [emergency](/usc/42/5122.md?p=1) in advance of a natural or man-made [disaster](/usc/42/5204.md?p=2) (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](/usc/42/5122.md?p=4) and the circumstances under which such requests are likely to be approved. # §5193. Amount of assistance - (a) **Federal share—** The Federal share for assistance provided under this subchapter 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)](#b-2), total assistance provided under this subchapter for a [single](/usc/42/2304.md?p=m) [emergency](/usc/42/5122.md?p=1) shall not exceed $5,000,000. - (2) **Additional assistance—** The limitation described in [paragraph (1)](#b-1) may be exceeded when the President determines that— - (A) continued [emergency](/usc/42/5122.md?p=1) 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)](#b-1) is exceeded, the President shall report to the Congress on the nature and extent of [emergency](/usc/42/5122.md?p=1) assistance requirements and shall propose additional legislation if necessary. # §5195. Declaration of policy The purpose of this subchapter is to provide a system of [emergency preparedness](/usc/42/5195a.md?p=a-3) for the protection of life and property in the [United States](/usc/42/5195a.md?p=a-9) from [hazards](/usc/42/5195a.md?p=a-1) and to vest responsibility for [emergency preparedness](/usc/42/5195a.md?p=a-3) jointly in the Federal Government and the [States](/usc/42/5195a.md?p=a-9) and their political subdivisions. The Congress recognizes that the organizational structure established jointly by the Federal Government and the [States](/usc/42/5195a.md?p=a-9) and their political subdivisions for [emergency preparedness](/usc/42/5195a.md?p=a-3) purposes can be effectively utilized to provide relief and assistance to people in areas of the [United States](/usc/42/5195a.md?p=a-9) struck by a [hazard](/usc/42/5195a.md?p=a-1). The Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as authorized in this subchapter so that a comprehensive [emergency preparedness](/usc/42/5195a.md?p=a-3) system exists for all [hazards](/usc/42/5195a.md?p=a-1). # §5195a. Definitions - (a) **Definitions—** For purposes of this subchapter only: - (1) **Hazard—** The term “hazard” means an [emergency](/usc/42/5122.md?p=1) or [disaster](/usc/42/5204.md?p=2) resulting from— - (A) a [natural disaster](#a-2); 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](#a-9) which [causes](/usc/42/9908.md?p=c-2), or which may [cause](/usc/42/9908.md?p=c-2), substantial damage or injury to civilian property or [persons](/usc/42/1320a–7k.md?p=d-4-C-i). - (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](#a-1) upon the civilian population, to deal with the immediate [emergency](/usc/42/5122.md?p=1) conditions which would be created by the [hazard](#a-1), and to effectuate [emergency](/usc/42/5122.md?p=1) repairs to, or the [emergency](/usc/42/5122.md?p=1) restoration of, vital utilities and [facilities](#a-6) destroyed or damaged by the [hazard](#a-1). Such term includes the following: - (A) Measures to be undertaken in preparation for anticipated [hazards](#a-1) (including the establishment of appropriate organizations, operational plans, and supporting [agreements](/usc/42/1320b–8.md?p=a-3-A), the recruitment and [training](/usc/42/285e–2.md?p=b-2) of personnel, the conduct of research, the procurement and stockpiling of necessary [materials](#a-5) and supplies, the provision of suitable warning systems, the [construction](/usc/42/7479.md?p=2-C) 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](#a-1) (including the enforcement of passive [defense](#b) regulations prescribed by duly established military or civil authorities, the evacuation of personnel to shelter areas, the control of traffic and panic, and the control and use of lighting and civil communications). - (C) Measures to be undertaken following a [hazard](#a-1) (including activities for fire fighting, rescue, [emergency](/usc/42/5122.md?p=1) medical, health and sanitation services, monitoring for specific dangers of special weapons, unexploded bomb reconnaissance, essential debris clearance, [emergency](/usc/42/5122.md?p=1) welfare measures, and immediately essential [emergency](/usc/42/5122.md?p=1) repair or restoration of damaged vital [facilities](#a-6)). - (4) **Organizational equipment—** The term “organizational equipment” means equipment determined by the [Administrator](#a-7) to be necessary to an [emergency preparedness](#a-3) 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](/usc/42/5204.md?p=2), except when required in unusual quantities dictated by the requirements of the [emergency preparedness](#a-3) plans. - (5) **Materials—** The term “materials” includes raw materials, supplies, medicines, equipment, component parts and technical information and processes necessary for [emergency preparedness](#a-3). - (6) **Facilities—** The term “facilities”, except as otherwise provided in this subchapter, includes [buildings](/usc/42/6881.md?p=i-3), shelters, utilities, and land. - (7) **Administrator—** The term “Administrator” means the Administrator of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency. - (8) **Neighboring countries—** The term “neighboring countries” includes Canada and Mexico. - (9) **United States and States—** The terms “United States” and “States” includes[^1] the several States, the District of Columbia, and territories and possessions of the United States. - (10) **State—** The term “[State](/usc/42/5122.md?p=4)” includes interstate [emergency preparedness](#a-3) authorities established under [section 5196(h) of this title](/usc/42/5196.md?p=h). - (b) **Cross reference—** The terms “national defense” and “defense,”[^2] as used in the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),[^3] includes[^1] [emergency preparedness](#a-3) activities conducted pursuant to this subchapter. # §5195b. Administration of subchapter This subchapter shall be carried out by the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency. # §5195c. Critical infrastructures protection - (a) **Short title—** This section may be cited as the “[Critical Infrastructures](#e) 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](/usc/42/5195a.md?p=b) and national security of the [United States](/usc/42/5195a.md?p=a-9). - (2) Private business, government, and the national security apparatus increasingly depend on an interdependent network of critical physical and information infrastructures, including telecommunications, [energy](/usc/42/6311.md?p=7), 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](/usc/42/5195a.md?p=b), continuity of government, economic prosperity, and quality of life in the [United States](/usc/42/5195a.md?p=a-9). - (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](#e) of the Nation. - (c) **Policy of the United States—** It is the policy of the [United States](/usc/42/5195a.md?p=a-9)— - (1) that any physical or virtual disruption of the operation of the [critical infrastructures](#e) of the [United States](/usc/42/5195a.md?p=a-9) 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](/usc/42/5195a.md?p=a-9); - (2) that actions necessary to achieve the policy stated in [paragraph (1)](#c-1) be carried out in a public-private partnership involving corporate and non-governmental organizations; and - (3) to have in place a comprehensive and effective [program](/usc/42/274l–1.md?p=4) 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](#e) protection and continuity through support for activities related to counterterrorism, threat assessment, and risk mitigation. - (2) **Particular support—** The support provided under [paragraph (1)](#d-1) shall include the following: - (A) Modeling, simulation, and analysis of the systems comprising [critical infrastructures](#e), 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](/usc/42/7501.md?p=4) of such systems to mitigate the threats to such systems and to [critical infrastructures](#e) generally. - (B) Acquisition from [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) and the private sector of data necessary to create and maintain models of such systems and of [critical infrastructures](#e) generally. - (C) Utilization of modeling, simulation, and analysis under [subparagraph (A)](#d-2-A) to provide education and [training](/usc/42/285e–2.md?p=b-2) to policymakers on matters relating to— - (i) the analysis conducted under that subparagraph; - (ii) the implications of unintended or unintentional disturbances to [critical infrastructures](#e); and - (iii) responses to incidents or crises involving [critical infrastructures](#e), 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)](#d-2-A) to provide recommendations to policymakers, and to departments and agencies of the Federal Government and private sector [persons](/usc/42/1320a–7k.md?p=d-4-C-i) and entities upon request, regarding means of enhancing the stability of, and preserving, [critical infrastructures](#e). - (3) **Recipient of certain support—** Modeling, simulation, and analysis provided under this subsection shall be provided, in particular, to relevant Federal, [State](/usc/42/5122.md?p=4), and local entities responsible for [critical infrastructure](#e) 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](/usc/42/5195a.md?p=a-9) 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](/usc/42/5195a.md?p=b) for fiscal year 2002, $20,000,000 for the [Defense](/usc/42/5195a.md?p=b) Threat Reduction Agency for activities of the National Infrastructure Simulation and Analysis Center under this section in that fiscal year. # §5196. Detailed functions of administration - (a) **In general—** In order to carry out the policy described in [section 5195 of this title](/usc/42/5195.md), the [Administrator](/usc/42/5195a.md?p=a-7) shall have the authorities provided in this section. - (b) **Federal emergency response plans and programs—** The [Administrator](/usc/42/5195a.md?p=a-7) may prepare Federal response plans and [programs](/usc/42/274l–1.md?p=4) for the [emergency preparedness](/usc/42/5195a.md?p=a-3) of the [United States](/usc/42/5195a.md?p=a-9) and sponsor and direct such plans and [programs](/usc/42/274l–1.md?p=4). To prepare such plans and [programs](/usc/42/274l–1.md?p=4) and coordinate such plans and [programs](/usc/42/274l–1.md?p=4) with [State](/usc/42/5122.md?p=4) efforts, the [Administrator](/usc/42/5195a.md?p=a-7) may request such reports on [State](/usc/42/5122.md?p=4) plans and operations for [emergency preparedness](/usc/42/5195a.md?p=a-3) as may be necessary to keep the President, Congress, and the [States](/usc/42/5195a.md?p=a-9) advised of the status of [emergency preparedness](/usc/42/5195a.md?p=a-3) in the [United States](/usc/42/5195a.md?p=a-9). - (c) **Delegation of emergency preparedness responsibilities—** With the approval of the President, the [Administrator](/usc/42/5195a.md?p=a-7) may delegate to other departments and agencies of the Federal Government appropriate [emergency preparedness](/usc/42/5195a.md?p=a-3) responsibilities and review and coordinate the [emergency preparedness](/usc/42/5195a.md?p=a-3) activities of the departments and agencies with each other and with the activities of the [States](/usc/42/5195a.md?p=a-9) and [neighboring countries](/usc/42/5195a.md?p=a-8). - (d) **Communications and warnings—** The [Administrator](/usc/42/5195a.md?p=a-7) may make appropriate provision for necessary [emergency preparedness](/usc/42/5195a.md?p=a-3) communications and for dissemination of warnings to the civilian population of a [hazard](/usc/42/5195a.md?p=a-1). - (e) **Emergency preparedness measures—** The [Administrator](/usc/42/5195a.md?p=a-7) may study and develop [emergency preparedness](/usc/42/5195a.md?p=a-3) 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](/usc/42/5195a.md?p=a-1); - (2) developing shelter designs and [materials](/usc/42/5195a.md?p=a-5) for protective covering or [construction](/usc/42/7479.md?p=2-C); - (3) developing equipment or [facilities](/usc/42/5195a.md?p=a-6) and effecting the standardization thereof to meet [emergency preparedness](/usc/42/5195a.md?p=a-3) 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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). - (f) **Training programs—** - (1) The [Administrator](/usc/42/5195a.md?p=a-7) may— - (A) conduct or arrange, by contract or otherwise, for [training](/usc/42/285e–2.md?p=b-2) [programs](/usc/42/274l–1.md?p=4) for the instruction of [emergency preparedness](/usc/42/5195a.md?p=a-3) officials and other [persons](/usc/42/1320a–7k.md?p=d-4-C-i) in the organization, operation, and techniques of [emergency preparedness](/usc/42/5195a.md?p=a-3); - (B) conduct or operate [schools](/usc/42/6372.md?p=1) or including the payment of travel expenses, in accordance with subchapter I of [chapter 57](/usc/5/chptIII-sptD-ch57.md) of title 5 and the Standardized Government Travel Regulations, and per diem allowances, in lieu of subsistence for trainees in attendance or the furnishing of subsistence and quarters for trainees and instructors on terms prescribed by the [Administrator](/usc/42/5195a.md?p=a-7); and - (C) provide instructors and [training](/usc/42/285e–2.md?p=b-2) aids as necessary. - (2) The terms prescribed by the [Administrator](/usc/42/5195a.md?p=a-7) 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](/usc/42/5195a.md?p=a-7) 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](/usc/42/5195a.md?p=a-7) may publicly disseminate appropriate [emergency preparedness](/usc/42/5195a.md?p=a-3) information by all appropriate means. - (h) **Emergency preparedness compacts—** - (1) The [Administrator](/usc/42/5195a.md?p=a-7) shall establish a [program](/usc/42/274l–1.md?p=4) supporting the development of [emergency preparedness](/usc/42/5195a.md?p=a-3) [compacts](/usc/42/2021b.md?p=4) for acts of terrorism, [disasters](/usc/42/5204.md?p=2), and [emergencies](/usc/42/5122.md?p=1) throughout the Nation, by— - (A) identifying and cataloging existing [emergency preparedness](/usc/42/5195a.md?p=a-3) [compacts](/usc/42/2021b.md?p=4) for acts of terrorism, [disasters](/usc/42/5204.md?p=2), and [emergencies](/usc/42/5122.md?p=1) at the [State](/usc/42/5122.md?p=4) and local levels of government; - (B) disseminating to [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) examples of best [practices](/usc/42/17061.md?p=19) in the development of [emergency preparedness](/usc/42/5195a.md?p=a-3) [compacts](/usc/42/2021b.md?p=4) and models of existing [emergency preparedness](/usc/42/5195a.md?p=a-3) [compacts](/usc/42/2021b.md?p=4), including [agreements](/usc/42/1320b–8.md?p=a-3-A) involving interstate jurisdictions; and - (C) completing an [inventory](/usc/42/4370m.md?p=14) of Federal response capabilities for acts of terrorism, [disasters](/usc/42/5204.md?p=2), and [emergencies](/usc/42/5122.md?p=1), making such [inventory](/usc/42/4370m.md?p=14) available to appropriate Federal, [State](/usc/42/5122.md?p=4), and [local government](/usc/42/5122.md?p=8) officials, and ensuring that such [inventory](/usc/42/4370m.md?p=14) is as current and accurate as practicable. - (2) The [Administrator](/usc/42/5195a.md?p=a-7) may— - (A) assist and encourage the [States](/usc/42/5195a.md?p=a-9) to negotiate and enter into interstate [emergency preparedness](/usc/42/5195a.md?p=a-3) [compacts](/usc/42/2021b.md?p=4); - (B) review the terms and conditions of such proposed [compacts](/usc/42/2021b.md?p=4) in order to assist, to the extent feasible, in obtaining uniformity between such [compacts](/usc/42/2021b.md?p=4) and consistency with Federal [emergency](/usc/42/5122.md?p=1) response plans and [programs](/usc/42/274l–1.md?p=4); - (C) assist and coordinate the activities under such [compacts](/usc/42/2021b.md?p=4); and - (D) aid and assist in encouraging reciprocal [emergency preparedness](/usc/42/5195a.md?p=a-3) legislation by the [States](/usc/42/5195a.md?p=a-9) which will permit the furnishing of mutual aid for [emergency preparedness](/usc/42/5195a.md?p=a-3) purposes in the event of a [hazard](/usc/42/5195a.md?p=a-1) which cannot be adequately met or controlled by a [State](/usc/42/5122.md?p=4) or political subdivision thereof threatened with or experiencing a [hazard](/usc/42/5195a.md?p=a-1). - (3) A copy of each interstate [emergency preparedness](/usc/42/5195a.md?p=a-3) [compact](/usc/42/2021b.md?p=4) shall be transmitted promptly to the Senate and the House of [Representatives](/usc/42/3058f.md?p=5). The consent of Congress is deemed to be granted to each such [compact](/usc/42/2021b.md?p=4) upon the expiration of the 60-day period beginning on the date on which the [compact](/usc/42/2021b.md?p=4) 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](/usc/42/5195a.md?p=a-3) [compact](/usc/42/2021b.md?p=4). - (i) **Materials and facilities—** - (1) The [Administrator](/usc/42/5195a.md?p=a-7) may procure by condemnation or otherwise, construct, lease, transport, store, maintain, renovate or distribute [materials](/usc/42/5195a.md?p=a-5) and [facilities](/usc/42/5195a.md?p=a-6) for [emergency preparedness](/usc/42/5195a.md?p=a-3), with the right to take immediate possession thereof. - (2) [Facilities](/usc/42/5195a.md?p=a-6) acquired by purchase, donation, or other means of transfer may be occupied, used, and improved for the purposes of this subchapter before the approval of title by the [Attorney General](/usc/42/14902.md?p=6) as required by sections [3111](/usc/40/3111.md) and [3112](/usc/40/3112.md) of title 40. - (3) The [Administrator](/usc/42/5195a.md?p=a-7) 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](/usc/42/5195a.md?p=a-7) 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](/usc/42/5195a.md?p=a-9) for [emergency preparedness](/usc/42/5195a.md?p=a-3) purposes, under such terms and conditions as the [Administrator](/usc/42/5195a.md?p=a-7) shall prescribe. - (j) **Financial contributions—** - (1) The [Administrator](/usc/42/5195a.md?p=a-7) may make financial contributions, on the basis of [programs](/usc/42/274l–1.md?p=4) or [projects](/usc/42/11360.md?p=20) approved by the [Administrator](/usc/42/5195a.md?p=a-7), to the [States](/usc/42/5195a.md?p=a-9) for [emergency preparedness](/usc/42/5195a.md?p=a-3) purposes, including the procurement, [construction](/usc/42/7479.md?p=2-C), leasing, or renovating of [materials](/usc/42/5195a.md?p=a-5) and [facilities](/usc/42/5195a.md?p=a-6). Such contributions shall be made on such terms or conditions as the [Administrator](/usc/42/5195a.md?p=a-7) shall prescribe, including the method of purchase, the quantity, quality, or specifications of the [materials](/usc/42/5195a.md?p=a-5) or [facilities](/usc/42/5195a.md?p=a-6), and such other factors or care or [treatment](/usc/42/11851.md?p=11) to assure the uniformity, availability, and good condition of such [materials](/usc/42/5195a.md?p=a-5) or [facilities](/usc/42/5195a.md?p=a-6). - (2) The [Administrator](/usc/42/5195a.md?p=a-7) may make financial contributions, on the basis of [programs](/usc/42/274l–1.md?p=4) or [projects](/usc/42/11360.md?p=20) approved by the [Administrator](/usc/42/5195a.md?p=a-7), to the [States](/usc/42/5195a.md?p=a-9) and local authorities for animal [emergency preparedness](/usc/42/5195a.md?p=a-3) purposes, including the procurement, [construction](/usc/42/7479.md?p=2-C), leasing, or renovating of [emergency](/usc/42/5122.md?p=1) shelter [facilities](/usc/42/5195a.md?p=a-6) and [materials](/usc/42/5195a.md?p=a-5) that will accommodate people with pets and service animals. - (3) No contribution may be made under this subsection for the procurement of land or for the purchase of personal equipment for [State](/usc/42/5122.md?p=4) or local [emergency preparedness](/usc/42/5195a.md?p=a-3) workers. - (4) The amounts authorized to be contributed by the [Administrator](/usc/42/5195a.md?p=a-7) to each [State](/usc/42/5122.md?p=4) for [organizational equipment](/usc/42/5195a.md?p=a-4) shall be equally matched by such [State](/usc/42/5122.md?p=4) from any source it determines is consistent with its laws. - (5) Financial contributions to the [States](/usc/42/5195a.md?p=a-9) for shelters and other protective [facilities](/usc/42/5195a.md?p=a-6) shall be determined by taking the amount of [funds](/usc/42/12854.md?p=3) appropriated or available to the [Administrator](/usc/42/5195a.md?p=a-7) for such [facilities](/usc/42/5195a.md?p=a-6) in each fiscal year and apportioning such [funds](/usc/42/12854.md?p=3) among the [States](/usc/42/5195a.md?p=a-9) in the ratio which the urban population of the critical target areas (as determined by the [Administrator](/usc/42/5195a.md?p=a-7)) in each [State](/usc/42/5122.md?p=4), at the time of the determination, bears to the total urban population of the critical target areas of all of the [States](/usc/42/5195a.md?p=a-9). - (6) The amounts authorized to be contributed by the [Administrator](/usc/42/5195a.md?p=a-7) to each [State](/usc/42/5122.md?p=4) for such shelters and protective [facilities](/usc/42/5195a.md?p=a-6) shall be equally matched by such [State](/usc/42/5122.md?p=4) from any source it determines is consistent with its laws and, if not matched within a reasonable time, the [Administrator](/usc/42/5195a.md?p=a-7) may reallocate such amounts to other [States](/usc/42/5195a.md?p=a-9) under the formula described in [paragraph (4)](#j-4).[^1] The value of any land contributed by any [State](/usc/42/5122.md?p=4) or political subdivision thereof shall be excluded from the computation of the [State](/usc/42/5122.md?p=4) share under this subsection. - (7) The amounts paid to any [State](/usc/42/5122.md?p=4) under this subsection shall be expended solely in carrying out the purposes set forth herein and in accordance with [State](/usc/42/5122.md?p=4) [emergency preparedness](/usc/42/5195a.md?p=a-3) [programs](/usc/42/274l–1.md?p=4) or [projects](/usc/42/11360.md?p=20) approved by the [Administrator](/usc/42/5195a.md?p=a-7). The [Administrator](/usc/42/5195a.md?p=a-7) shall make no contribution toward the cost of any [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20) for the procurement, [construction](/usc/42/7479.md?p=2-C), or leasing of any [facility](/usc/42/11049.md?p=4) which (A) is intended for use, in whole or in part, for any purpose other than [emergency preparedness](/usc/42/5195a.md?p=a-3), and (B) is of such kind that upon completion it will, in the judgment of the [Administrator](/usc/42/5195a.md?p=a-7), 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](/usc/42/5195a.md?p=a-7) may make a contribution to any [State](/usc/42/5122.md?p=4) toward that portion of the cost of the [construction](/usc/42/7479.md?p=2-C), reconstruction, or enlargement of any [facility](/usc/42/11049.md?p=4) which the [Administrator](/usc/42/5195a.md?p=a-7) determines to be directly attributable to the incorporation in such [facility](/usc/42/11049.md?p=4) of any feature of [construction](/usc/42/7479.md?p=2-C) or design not necessary for the principal intended purpose thereof but which is, in the judgment of the [Administrator](/usc/42/5195a.md?p=a-7) necessary for the use of such [facility](/usc/42/11049.md?p=4) for [emergency preparedness](/usc/42/5195a.md?p=a-3) purposes. - (8) The [Administrator](/usc/42/5195a.md?p=a-7) shall submit to Congress a report, at least annually, regarding all contributions made pursuant to this subsection. - (9) All laborers and mechanics employed by contractors or subcontractors in the performance of [construction](/usc/42/7479.md?p=2-C) work financed with the assistance of any contribution of Federal [funds](/usc/42/12854.md?p=3) made by the [Administrator](/usc/42/5195a.md?p=a-7) under this subsection shall be paid wages at rates not less than those prevailing on similar [construction](/usc/42/7479.md?p=2-C) in the locality as determined by the [Secretary](/usc/42/242q–4.md?p=2) of Labor in accordance with sections 3141–3144, [3146](/usc/40/3146.md), and [3147](/usc/40/3147.md) of title 40, and every such [employee](/usc/42/1320a–7h.md?p=e-7) shall receive compensation at a rate not less than one and ½ times the basic rate of pay of the [employee](/usc/42/1320a–7h.md?p=e-7) 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](/usc/42/5195a.md?p=a-7) shall make no contribution of Federal [funds](/usc/42/12854.md?p=3) without first obtaining adequate assurance that these labor [standards](/usc/42/1320d.md?p=7) will be maintained upon the [construction](/usc/42/7479.md?p=2-C) work. The [Secretary](/usc/42/242q–4.md?p=2) of Labor shall have, with respect to the labor [standards](/usc/42/1320d.md?p=7) 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](/usc/40/3145.md). - (k) **Sale or disposal of certain materials and facilities—** The [Administrator](/usc/42/5195a.md?p=a-7) may arrange for the sale or [disposal](/usc/42/2021b.md?p=7) of [materials](/usc/42/5195a.md?p=a-5) and [facilities](/usc/42/5195a.md?p=a-6) found by the [Administrator](/usc/42/5195a.md?p=a-7) to be unnecessary or unsuitable for [emergency preparedness](/usc/42/5195a.md?p=a-3) purposes in the same manner as provided for excess property under [chapters 1 to 11](/usc/40/ch1..11.md) of title 40 and division C (except sections 3302, 3307(e), [3501(b)](/usc/42/3501.md), [3509](/usc/42/3509.md), 3906, 4710, and 4711) of subtitle I of [title 41](/usc/41.md). Any [funds](/usc/42/12854.md?p=3) received as proceeds from the sale or other disposition of such [materials](/usc/42/5195a.md?p=a-5) and [facilities](/usc/42/5195a.md?p=a-6) shall be deposited into the Treasury as miscellaneous receipts. # §5196a. Mutual aid pacts between States and neighboring countries The [Administrator](/usc/42/5195a.md?p=a-7) shall give all practicable assistance to [States](/usc/42/5195a.md?p=a-9) in arranging, through the Department of State, mutual [emergency preparedness](/usc/42/5195a.md?p=a-3) aid between the [States](/usc/42/5195a.md?p=a-9) and [neighboring countries](/usc/42/5195a.md?p=a-8). # §5196b. Contributions for personnel and administrative expenses - (a) **General authority—** To further assist in carrying out the purposes of this subchapter, the [Administrator](/usc/42/5195a.md?p=a-7) may make financial contributions to the [States](/usc/42/5195a.md?p=a-9) (including interstate [emergency preparedness](/usc/42/5195a.md?p=a-3) authorities established pursuant to [section 5196(h) of this title](/usc/42/5196.md?p=h)) for necessary and essential [State](/usc/42/5122.md?p=4) and local [emergency preparedness](/usc/42/5195a.md?p=a-3) personnel and administrative expenses, on the basis of approved plans (which shall be consistent with the Federal [emergency](/usc/42/5122.md?p=1) response plans for [emergency preparedness](/usc/42/5195a.md?p=a-3)) for the [emergency preparedness](/usc/42/5195a.md?p=a-3) of the [States](/usc/42/5195a.md?p=a-9). The financial contributions to the [States](/usc/42/5195a.md?p=a-9) under this section may not exceed one-half of the total cost of such necessary and essential [State](/usc/42/5122.md?p=4) and local [emergency preparedness](/usc/42/5195a.md?p=a-3) personnel and administrative expenses. - (b) **Plan requirements—** A plan submitted under this section shall— - (1) provide, pursuant to [State](/usc/42/5122.md?p=4) law, that the plan shall be in effect in all political subdivisions of the [State](/usc/42/5122.md?p=4) and be mandatory on them and be administered or supervised by a [single](/usc/42/2304.md?p=m) [State agency](/usc/42/1396r–8.md?p=k-9); - (2) provide that the [State](/usc/42/5122.md?p=4) 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](/usc/42/5122.md?p=4) law; - (3) provide for the development of [State](/usc/42/5122.md?p=4) and local [emergency preparedness](/usc/42/5195a.md?p=a-3) operational plans, including a catastrophic incident annex, pursuant to [standards](/usc/42/1320d.md?p=7) approved by the [Administrator](/usc/42/5195a.md?p=a-7); - (4) provide for the employment of a full-time [emergency preparedness](/usc/42/5195a.md?p=a-3) [director](/usc/42/5061.md?p=1), or deputy [director](/usc/42/5061.md?p=1), by the [State](/usc/42/5122.md?p=4); - (5) provide that the [State](/usc/42/5122.md?p=4) shall make such reports in such form and content as the [Administrator](/usc/42/5195a.md?p=a-7) may require; - (6) make available to duly authorized [representatives](/usc/42/3058f.md?p=5) of the [Administrator](/usc/42/5195a.md?p=a-7) 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)](#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](/usc/6/743.md), 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)](#b-3), a [State](/usc/42/5122.md?p=4) shall consult with and seek appropriate comments from [local governments](/usc/42/5122.md?p=8), [emergency](/usc/42/5122.md?p=1) response providers, locally governed multijurisdictional [councils](/usc/42/300f.md?p=9) of government, and regional planning [commissions](/usc/42/2000ff.md?p=1). - (d) **Terms and conditions—** The [Administrator](/usc/42/5195a.md?p=a-7) shall establish such other terms and conditions as the [Administrator](/usc/42/5195a.md?p=a-7) considers necessary and proper to carry out this section. - (e) **Application of other provisions—** In carrying out this section, the provisions of section[^1] 5196(h) and 5197(h) of this title shall apply. - (f) **Allocation of funds—** For each fiscal year concerned, the [Administrator](/usc/42/5195a.md?p=a-7) shall allocate to each [State](/usc/42/5122.md?p=4), in accordance with regulations and the total sum appropriated under this subchapter, amounts to be made available to the [States](/usc/42/5195a.md?p=a-9) for the purposes of this section. Regulations governing [allocations](/usc/42/2021b.md?p=2) to the [States](/usc/42/5195a.md?p=a-9) under this subsection shall give due regard to (1) the criticality of the areas which may be affected by [hazards](/usc/42/5195a.md?p=a-1) with respect to the development of the total [emergency preparedness](/usc/42/5195a.md?p=a-3) readiness of the [United States](/usc/42/5195a.md?p=a-9), (2) the relative [state](/usc/42/5122.md?p=4) of development of [emergency preparedness](/usc/42/5195a.md?p=a-3) readiness of the [State](/usc/42/5122.md?p=4), (3) population, and (4) such other factors as the [Administrator](/usc/42/5195a.md?p=a-7) shall prescribe. The [Administrator](/usc/42/5195a.md?p=a-7) may reallocate the excess of any [allocation](/usc/42/2021b.md?p=2) not used by a [State](/usc/42/5122.md?p=4) in a plan submitted under this section. Amounts paid to any [State](/usc/42/5122.md?p=4) 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](/usc/42/1320d.md?p=7) for [State](/usc/42/5122.md?p=4) and local [emergency preparedness](/usc/42/5195a.md?p=a-3) operational plans pursuant to [subsection (b)(3)](#b-3), the [Administrator](/usc/42/5195a.md?p=a-7) 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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). - (h) **[^2] Submission of plan—** If a [State](/usc/42/5122.md?p=4) fails to submit a plan for approval as required by this section within 60 days after the [Administrator](/usc/42/5195a.md?p=a-7) notifies the [States](/usc/42/5195a.md?p=a-9) of the [allocations](/usc/42/2021b.md?p=2) under this section, the [Administrator](/usc/42/5195a.md?p=a-7) may reallocate such [funds](/usc/42/12854.md?p=3), or portions thereof, among the other [States](/usc/42/5195a.md?p=a-9) in such amounts as, in the judgment of the [Administrator](/usc/42/5195a.md?p=a-7), will best assure the adequate development of the [emergency preparedness](/usc/42/5195a.md?p=a-3) capability of the [United States](/usc/42/5195a.md?p=a-9). - (h) **[^2] Annual reports—** The [Administrator](/usc/42/5195a.md?p=a-7) shall report annually to the Congress all contributions made pursuant to this section. # §5196c. Grants for construction of emergency operations centers - (a) **Grants—** The [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency may make grants to [States](/usc/42/5195a.md?p=a-9) and [Indian tribal governments](/usc/42/5122.md?p=6) under this subchapter for equipping, upgrading, and constructing [State](/usc/42/5122.md?p=4), local, and Tribal [emergency](/usc/42/5122.md?p=1) 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. # §5196d. Use of funds to prepare for and respond to hazards [Funds](/usc/42/12854.md?p=3) made available to the [States](/usc/42/5195a.md?p=a-9) under this subchapter may be used by the [States](/usc/42/5195a.md?p=a-9) for the purposes of preparing for [hazards](/usc/42/5195a.md?p=a-1) and providing [emergency](/usc/42/5122.md?p=1) assistance in response to [hazards](/usc/42/5195a.md?p=a-1). Regulations prescribed to carry out this section shall authorize the use of [emergency preparedness](/usc/42/5195a.md?p=a-3) personnel, [materials](/usc/42/5195a.md?p=a-5), and [facilities](/usc/42/5195a.md?p=a-6) supported in whole or in part through contributions under this subchapter for [emergency preparedness](/usc/42/5195a.md?p=a-3) activities and measures related to [hazards](/usc/42/5195a.md?p=a-1). # §5196e. Radiological Emergency Preparedness Fund There is hereby established in the Treasury a Radiological [Emergency Preparedness](/usc/42/5195a.md?p=a-3) [Fund](/usc/42/12854.md?p=3), which shall be available under the Atomic Energy Act of 1954 [[42 U.S.C. 2011](/usc/42/2011.md) et seq.], as amended, and Executive Order 12657, for offsite radiological [emergency](/usc/42/5122.md?p=1) planning, preparedness, and response. Beginning in fiscal year 1999 and thereafter, the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency (FEMA) shall promulgate through rulemaking fees to be assessed and collected, applicable to [persons](/usc/42/1320a–7k.md?p=d-4-C-i) subject to FEMA’s radiological [emergency preparedness](/usc/42/5195a.md?p=a-3) 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](/usc/42/5195a.md?p=a-3) [program](/usc/42/274l–1.md?p=4) 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](/usc/42/12854.md?p=3) as offsetting collections and will become available for authorized purposes on October 1, 1999, and remain available until expended. # §5196f. Disaster related information services - (a) **In general—** Consistent with [section 5151(a) of this title](/usc/42/5151.md?p=a), the [Administrator](/usc/42/5195a.md?p=a-7) of Federal[^1] [Emergency](/usc/42/5122.md?p=1) Management Agency shall— - (1) identify, in coordination with [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8), population groups with limited English proficiency and take into account such groups in planning for an [emergency](/usc/42/5122.md?p=1) or [major disaster](/usc/42/5122.md?p=2); - (2) ensure that information made available to individuals affected by a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) is made available in formats that can be understood by— - (A) population groups identified under [paragraph (1)](#a-1); and - (B) individuals with disabilities or other special needs; and - (3) develop and maintain an informational clearinghouse of model language assistance [programs](/usc/42/274l–1.md?p=4) and best [practices](/usc/42/17061.md?p=19) for [State](/usc/42/5122.md?p=4) and [local governments](/usc/42/5122.md?p=8) in providing services related to a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1). - (b) **Group size—** For purposes of [subsection (a)](#a), the [Administrator](/usc/42/5195a.md?p=a-7) of Federal[^1] [Emergency](/usc/42/5122.md?p=1) Management Agency shall define the size of a population group. # §5196g. Guidance and training by FEMA on coordination of emergency response plans - (a) **Training requirement—** The [Administrator](/usc/42/5195a.md?p=a-7), in coordination with other relevant agencies, shall provide guidance and [training](/usc/42/285e–2.md?p=b-2) on an annual basis to [State](/usc/42/5122.md?p=4), local, and [Indian tribal governments](/usc/42/5122.md?p=6), first responders, and [facilities](/usc/42/5195a.md?p=a-6) that store hazardous [materials](/usc/42/5195a.md?p=a-5) on coordination of [emergency](/usc/42/5122.md?p=1) response plans in the event of a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1), including severe weather events. The guidance and [training](/usc/42/285e–2.md?p=b-2) shall include the following: - (1) Providing a list of equipment required in the event a [hazardous substance](/usc/42/1397h.md?p=c-4) is released into the environment. - (2) Outlining the health risks associated with exposure to [hazardous substances](/usc/42/1397h.md?p=c-4) to improve [treatment](/usc/42/11851.md?p=11) response. - (3) Publishing best [practices](/usc/42/17061.md?p=19) for mitigating further danger to communities from [hazardous substances](/usc/42/1397h.md?p=c-4). - (b) **Implementation—** The requirement of [subsection (a)](#a) shall be implemented not later than 180 days after October 5, 2018. # §5197. Administrative authority - (a) **In general—** For the purpose of carrying out the powers and duties assigned to the [Administrator](/usc/42/5195a.md?p=a-7) under this subchapter, the [Administrator](/usc/42/5195a.md?p=a-7) may exercise the administrative authorities provided under this section. - (b) **Advisory personnel—** - (1) The [Administrator](/usc/42/5195a.md?p=a-7) 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](/usc/42/5195a.md?p=a-7) considers to be necessary in carrying out the provisions of this subchapter. - (2) [Persons](/usc/42/1320a–7k.md?p=d-4-C-i) holding other [offices](/usc/42/3058f.md?p=1) or positions under the [United States](/usc/42/5195a.md?p=a-9) 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](/usc/42/5195a.md?p=a-7). - (c) **Services of other agency personnel and volunteers—** The [Administrator](/usc/42/5195a.md?p=a-7) may— - (1) use the services of [Federal agencies](/usc/42/5122.md?p=9) and, with the consent of any [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8), accept and use the services of [State](/usc/42/5122.md?p=4) and local agencies; - (2) establish and use such regional and other [offices](/usc/42/3058f.md?p=1) 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](/usc/42/5195a.md?p=a-7) may accept gifts of supplies, equipment, and [facilities](/usc/42/5195a.md?p=a-6) and may use or distribute such gifts for [emergency preparedness](/usc/42/5195a.md?p=a-3) purposes in accordance with the provisions of this subchapter. - (e) **Reimbursement—** The [Administrator](/usc/42/5195a.md?p=a-7) may reimburse any [Federal agency](/usc/42/5122.md?p=9) for any of its expenditures or for compensation of its personnel and use or consumption of its [materials](/usc/42/5195a.md?p=a-5) and [facilities](/usc/42/5195a.md?p=a-6) under this subchapter to the extent [funds](/usc/42/12854.md?p=3) are available. - (f) **Printing—** The [Administrator](/usc/42/5195a.md?p=a-7) may purchase such printing, binding, and blank-book work from public, commercial, or private printing establishments or binderies as the [Administrator](/usc/42/5195a.md?p=a-7) considers necessary upon orders placed by the [Director](/usc/42/5061.md?p=1) of the Government Publishing Office or upon waivers issued in accordance with [section 504 of title 44](/usc/44/504.md). - (g) **Rules and regulations—** The [Administrator](/usc/42/5195a.md?p=a-7) may prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this subchapter and perform any of the powers and duties provided by this subchapter. The [Administrator](/usc/42/5195a.md?p=a-7) may perform any of the powers and duties provided by this subchapter through or with the aid of such officials of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency as the [Administrator](/usc/42/5195a.md?p=a-7) may designate. - (h) **Failure to expend contributions correctly—** - (1) When, after reasonable notice and opportunity for hearing to the [State](/usc/42/5122.md?p=4) or other [person](#h-3) involved, the [Administrator](/usc/42/5195a.md?p=a-7) finds that there is a failure to expend [funds](/usc/42/12854.md?p=3) in accordance with the regulations, terms, and conditions established under this subchapter for approved [emergency preparedness](/usc/42/5195a.md?p=a-3) plans, [programs](/usc/42/274l–1.md?p=4), or [projects](/usc/42/11360.md?p=20), the [Administrator](/usc/42/5195a.md?p=a-7) may notify such [State](/usc/42/5122.md?p=4) or [person](#h-3) that further payments will not be made to the [State](/usc/42/5122.md?p=4) or [person](#h-3) from appropriations under this subchapter (or from [funds](/usc/42/12854.md?p=3) otherwise available for the purposes of this subchapter for any approved plan, [program](/usc/42/274l–1.md?p=4), or [project](/usc/42/11360.md?p=20) with respect to which there is such failure to comply) until the [Administrator](/usc/42/5195a.md?p=a-7) is satisfied that there will no longer be any such failure. - (2) Until so satisfied, the [Administrator](/usc/42/5195a.md?p=a-7) shall either withhold the payment of any financial contribution to such [State](/usc/42/5122.md?p=4) or [person](#h-3) or limit payments to those [programs](/usc/42/274l–1.md?p=4) or [projects](/usc/42/11360.md?p=20) with respect to which there is substantial compliance with the regulations, terms, and conditions governing plans, [programs](/usc/42/274l–1.md?p=4), or [projects](/usc/42/11360.md?p=20) hereunder. - (3) As used in this subsection, the term “person” means the political subdivision of any [State](/usc/42/5122.md?p=4) or combination or group thereof or any person, [corporation](/usc/42/2296b–7.md?p=1), association, or other entity of any nature whatsoever, including instrumentalities of [States](/usc/42/5195a.md?p=a-9) and political subdivisions. # §5197a. Security regulations - (a) **Establishment—** The [Administrator](/usc/42/5195a.md?p=a-7) shall establish such security requirements and safeguards, including restrictions with respect to access to information and property as the [Administrator](/usc/42/5195a.md?p=a-7) considers necessary. - (b) **Limitations on employee access to information—** No [employee](/usc/42/1320a–7h.md?p=e-7) of the Federal [Emergency](/usc/42/5122.md?p=1) 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](/usc/42/1320a–7h.md?p=e-7) 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](/usc/42/1320a–7k.md?p=d-4-C-i) and a report thereon shall have been evaluated in writing by the [Administrator](/usc/42/5195a.md?p=a-7). - (c) **National security positions—** No [employee](/usc/42/1320a–7h.md?p=e-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall occupy any position determined by the [Administrator](/usc/42/5195a.md?p=a-7) to be of critical importance from the standpoint of national security until a full field investigation concerning such [employee](/usc/42/1320a–7h.md?p=e-7) shall have been conducted by the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/3058f.md?p=1) of Personnel Management and a report thereon shall have been evaluated in writing by the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency. In the event such full field investigation by the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/3058f.md?p=1) of Personnel Management develops any data reflecting that such applicant for a position of critical importance is of questionable loyalty or reliability for security purposes, or if the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) 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](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency for evaluation in writing. Thereafter, the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) 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](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency for action. - (d) **Employee oaths—** Each Federal [employee](/usc/42/1320a–7h.md?p=e-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency acting under the authority of this subchapter, except the subjects of the United Kingdom and citizens of Canada specified in [section 5197(b) of this title](/usc/42/5197.md?p=b), shall execute the loyalty oath or appointment affidavits prescribed by the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/3058f.md?p=1) of Personnel Management. Each [person](/usc/42/1320a–7k.md?p=d-4-C-i) other than a Federal [employee](/usc/42/1320a–7h.md?p=e-7) who is appointed to serve in a [State](/usc/42/5122.md?p=4) or local organization for [emergency preparedness](/usc/42/5195a.md?p=a-3) shall before entering upon duties, take an oath in writing before a [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/5195a.md?p=a-9) 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](/usc/42/1320a–7k.md?p=d-4-C-i) that advocates the overthrow of the Government of the [United States](/usc/42/5195a.md?p=a-9) by force or violence; and that during such time as I am a member of ______ (name of [emergency preparedness](/usc/42/5195a.md?p=a-3) organization), I will not advocate nor become a member or an affiliate of any organization, group, or combination of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) that advocates the overthrow of the Government of the [United States](/usc/42/5195a.md?p=a-9) by force or violence.” After appointment and qualification for [office](/usc/42/3058f.md?p=1), the [director](/usc/42/5061.md?p=1) of [emergency preparedness](/usc/42/5195a.md?p=a-3) of any [State](/usc/42/5122.md?p=4), and any subordinate [emergency preparedness](/usc/42/5195a.md?p=a-3) officer within such [State](/usc/42/5122.md?p=4) designated by the [director](/usc/42/5061.md?p=1) in writing, shall be qualified to administer any such oath within such [State](/usc/42/5122.md?p=4) under such regulations as the [director](/usc/42/5061.md?p=1) shall prescribe. Any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who shall be found guilty of having falsely taken such oath shall be punished as provided in [section 1621 of title 18](/usc/18/1621.md). # §5197b. Use of existing facilities In performing duties under this subchapter, the [Administrator](/usc/42/5195a.md?p=a-7)— - (1) shall cooperate with the various departments and agencies of the Federal Government; - (2) shall use, to the maximum extent, the existing [facilities](/usc/42/5195a.md?p=a-6) and resources of the Federal Government and, with their consent, the [facilities](/usc/42/5195a.md?p=a-6) and resources of the [States](/usc/42/5195a.md?p=a-9) 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](/usc/42/5195a.md?p=a-7), with the written approval of the President, shall determine that such duplication is necessary to accomplish the purposes of this subchapter. # §5197c. Annual report to Congress The [Administrator](/usc/42/5195a.md?p=a-7) shall annually submit a written report to the President and Congress covering expenditures, contributions, work, and accomplishments of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency pursuant to this subchapter, accompanied by such recommendations as the [Administrator](/usc/42/5195a.md?p=a-7) considers appropriate. # §5197d. Applicability of subchapter The provisions of this subchapter shall be applicable to the [United States](/usc/42/5195a.md?p=a-9), its [States](/usc/42/5195a.md?p=a-9), Territories and possessions, and the District of Columbia, and their political subdivisions. # §5197e. Authorization of appropriations and transfers of funds - (a) **Authorization of appropriations—** There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter. - (b) **Transfer authority—** [Funds](/usc/42/12854.md?p=3) made available for the purposes of this subchapter may be allocated or transferred for any of the purposes of this subchapter, with the approval of the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/3058f.md?p=1) of Management and Budget, to any agency or government [corporation](/usc/42/2296b–7.md?p=1) designated to assist in carrying out this subchapter. Each such [allocation](/usc/42/2021b.md?p=2) or transfer shall be reported in full detail to the Congress within 30 days after such [allocation](/usc/42/2021b.md?p=2) or transfer. # §5197f. Relation to Atomic Energy Act of 1954 Nothing in this subchapter shall be construed to alter or modify the provisions of the Atomic Energy Act of 1954 ([42 U.S.C. 2011](/usc/42/2011.md) et seq.). # §5197g. Federal Bureau of Investigation Nothing in this subchapter shall be construed to authorize investigations of espionage, sabotage, or subversive acts by any [persons](/usc/42/1320a–7k.md?p=d-4-C-i) other than personnel of the Federal Bureau of Investigation. # §5197h. Minority emergency preparedness demonstration program - (a) **In general—** The [Administrator](/usc/42/5195a.md?p=a-7) shall establish a [minority](/usc/42/299a–1.md?p=d-2) [emergency preparedness](/usc/42/5195a.md?p=a-3) demonstration [program](/usc/42/274l–1.md?p=4) to research and promote the capacity of [minority](/usc/42/299a–1.md?p=d-2) communities to provide data, information, and awareness education by providing grants to or executing contracts or cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) with eligible nonprofit organizations to establish and conduct such [programs](/usc/42/274l–1.md?p=4). - (b) **Activities supported—** An eligible nonprofit organization may use a grant, contract, or cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) awarded under this section— - (1) to conduct research into the status of [emergency preparedness](/usc/42/5195a.md?p=a-3) and [disaster](/usc/42/5204.md?p=2) response awareness in African American and Hispanic households located in urban, suburban, and rural communities, particularly in those [States](/usc/42/5195a.md?p=a-9) and regions most impacted by natural and manmade [disasters](/usc/42/5204.md?p=2) and [emergencies](/usc/42/5122.md?p=1); and - (2) to develop and promote awareness of [emergency preparedness](/usc/42/5195a.md?p=a-3) education [programs](/usc/42/274l–1.md?p=4) within [minority](/usc/42/299a–1.md?p=d-2) communities, including development and preparation of culturally competent educational and awareness [materials](/usc/42/5195a.md?p=a-5) that can be used to disseminate information to [minority](/usc/42/299a–1.md?p=d-2) organizations and institutions. - (c) **Eligible organizations—** A nonprofit organization is eligible to be awarded a grant, contract, or cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) under this section with respect to a [program](/usc/42/274l–1.md?p=4) if the organization is a nonprofit organization that is described in [section 501(c)(3) of title 26](/usc/26/501.md?p=c-3) and exempt from tax under [section 501(a)](/usc/42/501.md) of such title, whose primary mission is to provide services to communities predominately populated by [minority](/usc/42/299a–1.md?p=d-2) citizens, and that can demonstrate a partnership with a [minority](/usc/42/299a–1.md?p=d-2)-owned business enterprise or [minority](/usc/42/299a–1.md?p=d-2) business located in a HUBZone (as defined in [section 632(p)](/usc/26/632.md)[^1] of [title 15](/usc/15.md)) with respect to the [program](/usc/42/274l–1.md?p=4). - (d) **Use of funds—** A [recipient](/usc/42/2996a.md?p=6) of a grant, contract, or cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) awarded under this section may only use the proceeds of the grant, contract, or [agreement](/usc/42/1320b–8.md?p=a-3-A) to— - (1) acquire expert professional services necessary to conduct research in communities predominately populated by [minority](/usc/42/299a–1.md?p=d-2) citizens, with a primary emphasis on African American and Hispanic communities; - (2) develop and prepare informational [materials](/usc/42/5195a.md?p=a-5) to promote awareness among [minority](/usc/42/299a–1.md?p=d-2) communities about [emergency preparedness](/usc/42/5195a.md?p=a-3) and how to protect their households and communities in advance of [disasters](/usc/42/5204.md?p=2); - (3) establish consortia with [minority](/usc/42/299a–1.md?p=d-2) national organizations, [minority](/usc/42/299a–1.md?p=d-2) institutions of higher education, and faith-based institutions to disseminate information about [emergency preparedness](/usc/42/5195a.md?p=a-3) to [minority](/usc/42/299a–1.md?p=d-2) communities; and - (4) implement a joint [project](/usc/42/11360.md?p=20) with a [minority](/usc/42/299a–1.md?p=d-2) serving institution, including a part B institution (as defined in [section 1061(2) of title 20](/usc/20/1061.md?p=2)), an institution described in subparagraph [(A)](/usc/20/1063b.md?p=e-1-A), [(B)](/usc/20/1063b.md?p=e-1-B), or [(C)](/usc/20/1063b.md?p=e-1-C) of section 1063b(e)(1)[^1] of [title 20](/usc/20.md), and a Hispanic-serving institution (as defined in [section 1101a(a)(5) of title 20](/usc/20/1101a.md?p=a-5)). - (e) **Application and review procedure—** To be eligible to receive a grant, contract, or cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) under this section, an organization must submit an application to the [Administrator](/usc/42/5195a.md?p=a-7) at such time, in such manner, and accompanied by such information as the [Administrator](/usc/42/5195a.md?p=a-7) may reasonably require. The [Administrator](/usc/42/5195a.md?p=a-7) shall establish a procedure by which to accept such applications. - (f) **Authorization of appropriation—** There is authorized to be appropriated to carry out this section $1,500,000 for fiscal year 2002 and such [funds](/usc/42/12854.md?p=3) as may be necessary for fiscal years 2003 through 2007. Such sums shall remain available until expended. # §5201. Rules and regulations - (a) - (1) The President may prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this chapter, and he may exercise any power or authority conferred on him by any section of this chapter either directly or through such [Federal agency](/usc/42/5122.md?p=9) or agencies as he may designate. - (2) **Deadline for payment of assistance.—** Rules and regulations authorized by [paragraph (1)](#a-1) shall provide that payment of any assistance under this chapter to a [State](/usc/42/5122.md?p=4) shall be completed within 60 days after the date of approval of such assistance. - (b) In furtherance of the purposes of this chapter, 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](/usc/42/12854.md?p=3) 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](/usc/42/242q–4.md?p=2) of the Treasury may invest and reinvest excess monies in the [fund](/usc/42/12854.md?p=3). Such investments shall be in public debt securities with maturities suitable for the needs of the [fund](/usc/42/12854.md?p=3) and shall bear interest at rates determined by the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the [United States](/usc/42/5122.md?p=3) of comparable maturities. The interest on such investments shall be credited to, and form a part of, the [fund](/usc/42/12854.md?p=3). # [§5202. Repealed. Pub. L. 100–707, title I, § 108(c), Nov. 23, 1988, 102 Stat. 4708 — repealed] # §5203. Excess disaster assistance payments as budgetary emergency requirements Beginning in fiscal year 1993, and in each year thereafter, notwithstanding any other provision of law, all amounts appropriated for [disaster](/usc/42/5204.md?p=2) assistance payments under the Robert T. Stafford [Disaster](/usc/42/5204.md?p=2) Relief and [Emergency](/usc/42/5122.md?p=1) Assistance Act ([42 U.S.C. 5121](/usc/42/5121.md) et seq.) that are in excess of either the historical annual average obligation of $320,000,000, or the amount submitted in the President’s initial budget request, whichever is lower, shall be considered as “[emergency](/usc/42/5122.md?p=1) requirements” pursuant to [section 901(b)(2)(D)](/usc/42/901.md)[^1] of [title 2](/usc/2.md), and such amounts shall on and after December 12, 1991, be so designated. # §5204. Insular areas disaster survival and recovery; definitions As used in [sections 5204 to 5204c](/usc/42/5204..5204c.md) of this title— - (1) the term “insular area” means any of the following: American Samoa, the Federated [States](/usc/42/5122.md?p=4) of Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands, the [Trust](/usc/42/12854.md?p=6) Territory of the Pacific Islands, and the Virgin Islands; - (2) the term “disaster” means a [declaration](/usc/42/247d–6e.md?p=e-4) of a [major disaster](/usc/42/5122.md?p=2) by the President after September 1, 1989, pursuant to [section 5170 of this title](/usc/42/5170.md); and - (3) the term “[Secretary](/usc/42/242q–4.md?p=2)” means the [Secretary](/usc/42/242q–4.md?p=2) of the Interior. # §5204a. Authorization of appropriations for insular areas There are hereby authorized to be appropriated to the [Secretary](/usc/42/242q–4.md?p=2) such sums as may be necessary to— - (1) reconstruct essential [public facilities](/usc/42/5122.md?p=10) damaged by [disasters](/usc/42/5204.md?p=2) in the [insular areas](/usc/42/5204.md?p=1) that occurred prior to February 24, 1992; and - (2) enhance the survivability of essential [public facilities](/usc/42/5122.md?p=10) in the event of [disasters](/usc/42/5204.md?p=2) in the [insular areas](/usc/42/5204.md?p=1), except that with respect to the [disaster](/usc/42/5204.md?p=2) declared by the President in the case of Hurricane Hugo, September 1989, amounts for any fiscal year shall not exceed 25 percent of the estimated aggregate amount of grants to be made under sections [5170b](/usc/42/5170b.md) and [5172](/usc/42/5172.md) of this title for such [disaster](/usc/42/5204.md?p=2). Such sums shall remain available until expended. # §5204b. Technical assistance for insular areas - (a) Upon the [declaration](/usc/42/247d–6e.md?p=e-4) by the President of a [disaster](/usc/42/5204.md?p=2) in an [insular area](/usc/42/5204.md?p=1), the President, acting through the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency, shall assess, in cooperation with the [Secretary](/usc/42/242q–4.md?p=2) and [chief executive](/usc/42/5122.md?p=12) of such [insular area](/usc/42/5204.md?p=1), the capability of the insular government to respond to the [disaster](/usc/42/5204.md?p=2), including the capability to assess damage; coordinate activities with [Federal agencies](/usc/42/5122.md?p=9), particularly the Federal [Emergency](/usc/42/5122.md?p=1) 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](/usc/42/12854.md?p=3). 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](/usc/42/5204.md?p=1) which the President deems necessary for the recovery effort. - (b) One year following the [declaration](/usc/42/247d–6e.md?p=e-4) by the President of a [disaster](/usc/42/5204.md?p=2) in an [insular area](/usc/42/5204.md?p=1), the [Secretary](/usc/42/242q–4.md?p=2), in consultation with the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency, shall submit to the Senate Committee on [Energy](/usc/42/6311.md?p=7) 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](/usc/42/12854.md?p=3) 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](/usc/42/12854.md?p=3) in the event of future [disasters](/usc/42/5204.md?p=2). # §5204c. Hazard mitigation for insular areas The total of contributions under the last sentence of [section 5170c of this title](/usc/42/5170c.md) for the [insular areas](/usc/42/5204.md?p=1) shall not exceed 10 percent of the estimated aggregate amounts of grants to be made under sections [5170b](/usc/42/5170b.md), [5172](/usc/42/5172.md), [5173](/usc/42/5173.md), [5174](/usc/42/5174.md), and [5178](/usc/42/5178.md)[^1] of this title for any [disaster](/usc/42/5204.md?p=2): Provided, That the President shall require a 50 percent local match for assistance in excess of 10 percent of the estimated aggregate amount of grants to be made under [section 5172 of this title](/usc/42/5172.md) for any [disaster](/usc/42/5204.md?p=2). # §5205. Disaster grant closeout procedures - (a) **Statute of limitations—** - (1) **In general—** Notwithstanding [section 3716(e) of title 31](/usc/31/3716.md?p=e) and except as provided in [paragraph (2)](#a-2), no administrative action to recover any payment made to a [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) for [disaster](/usc/42/5204.md?p=2) or [emergency](/usc/42/5122.md?p=1) assistance under this chapter shall be initiated in any forum after the date that is 3 years after the date of transmission of the final expenditure report for [project](/usc/42/11360.md?p=20) completion as certified by the grantee. - (2) **Fraud exception—** The limitation under [paragraph (1)](#a-1) shall apply unless there is evidence of civil or criminal fraud. - (b) **Rebuttal of presumption of record maintenance—** - (1) **In general—** In any dispute arising under this section after the date that is 3 years after the date of transmission of the final expenditure report for [project](/usc/42/11360.md?p=20) completion as certified by the grantee, there shall be a presumption that accounting records were maintained that adequately identify the source and application of [funds](/usc/42/12854.md?p=3) provided for financially assisted activities. - (2) **Affirmative evidence—** The presumption described in [paragraph (1)](#b-1) may be rebutted only on production of affirmative evidence that the [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) did not maintain documentation described in that paragraph. - (3) **Inability to produce documentation—** The inability of the Federal, [State](/usc/42/5122.md?p=4), or [local government](/usc/42/5122.md?p=8) to produce source documentation supporting expenditure reports later than 3 years after the date of transmission of the final expenditure report for [project](/usc/42/11360.md?p=20) completion as certified by the grantee shall not constitute evidence to rebut the presumption described in [paragraph (1)](#b-1). - (4) **Right of access—** The period during which the Federal, [State](/usc/42/5122.md?p=4), or [local government](/usc/42/5122.md?p=8) has the right to access source documentation shall not be limited to the required 3-year retention period referred to in [paragraph (3)](#b-3), but shall last as long as the records are maintained. - (c) **Binding nature of grant requirements—** A [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) shall not be liable for reimbursement or any other penalty for any payment made under this chapter if— - (1) the payment was authorized by an approved [agreement](/usc/42/1320b–8.md?p=a-3-A) specifying the costs; - (2) the costs were reasonable; and - (3) the purpose of the grant was accomplished. - (d) **Facilitating closeout—** - (1) **Incentives—** The [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency may develop incentives and penalties that encourage [State](/usc/42/5122.md?p=4), local, or [Indian tribal governments](/usc/42/5122.md?p=6) to close out expenditures and activities on a timely basis related to [disaster](/usc/42/5204.md?p=2) or [emergency](/usc/42/5122.md?p=1) assistance. - (2) **Agency requirements—** The Federal [Emergency](/usc/42/5122.md?p=1) Management Agency shall, consistent with applicable regulations and required procedures, meet its responsibilities to improve closeout [practices](/usc/42/17061.md?p=19) and reduce the time to close [disaster](/usc/42/5204.md?p=2) [program](/usc/42/274l–1.md?p=4) awards. # §5205a. Certain recoupment prohibited - (a) **In general—** Notwithstanding any other provision of law, the Agency shall deem any [covered disaster assistance](#b) to have been properly procured, provided, and utilized, and shall restore any funding of [covered disaster assistance](#b) previously provided but subsequently withdrawn or deobligated. - (b) **Covered disaster assistance defined—** In this section, the term “covered disaster assistance” means assistance— - (1) provided to a [local government](/usc/42/5122.md?p=8) pursuant to section [5170b](/usc/42/5170b.md), [5172](/usc/42/5172.md), or [5173](/usc/42/5173.md) of this title; and - (2) with respect to which the inspector general of the Department of Homeland Security has determined, after an audit, that— - (A) the Agency deployed to the [local government](/usc/42/5122.md?p=8) a Technical Assistance Contractor to review field operations, provide eligibility advice, and assist with day-to-day decisions; - (B) the Technical Assistance Contractor provided inaccurate information to the [local government](/usc/42/5122.md?p=8); and - (C) the [local government](/usc/42/5122.md?p=8) relied on the inaccurate information to determine that relevant contracts were eligible, reasonable, and reimbursable. - (c) **Effective date—** This section shall be effective on October 5, 2018. # §5206. Buy American - (a) **Compliance with chapter 83 of title 41—** No [funds](/usc/42/12854.md?p=3) authorized to be appropriated under this Act or any amendment made by this Act may be expended by an entity unless the entity, in expending the [funds](/usc/42/12854.md?p=3), complies with [chapter 83](/usc/41/chstIV-ch83.md) of title 41. - (b) **Debarment of persons convicted of fraudulent use of “Made in America” labels—** - (1) **In general—** If the [Administrator](/usc/42/4005.md?p=1) of the Federal [Emergency](/usc/42/5122.md?p=1) Management Agency determines that a [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/5122.md?p=3) that is not made in America, the [Administrator](/usc/42/4005.md?p=1) shall determine, not later than 90 days after determining that the [person](/usc/42/1320a–7k.md?p=d-4-C-i) has been so convicted, whether the [person](/usc/42/1320a–7k.md?p=d-4-C-i) should be debarred from contracting under the Robert T. Stafford [Disaster](/usc/42/5204.md?p=2) Relief and [Emergency](/usc/42/5122.md?p=1) Assistance Act ([42 U.S.C. 5121](/usc/42/5121.md) et seq.). - (2) **Definition of debar—** In this subsection, the term “debar” has the meaning given the term in [section 4654(c) of title 10](/usc/10/4654.md?p=c).