---
kind: "section"
citation: "42 U.S.C. § 5189f"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5189f"
heading: "Public assistance program alternative procedures"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5189f"
units:
  - "Chapter 68 — Disaster Relief"
  - "Subchapter IV — Major Disaster Assistance Programs"
---

# §5189f. Public assistance program alternative procedures

- (a) **Approval of projects—** The President, acting through the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1), may approve [projects](/usc/42/13641.md?p=2) 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/42/5195a.md?p=a-7) 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/42/300s–3.md?p=7) has not begun as of the date of enactment of this Act.[^1]
- (b) **Adoption—** The [Administrator](/usc/42/5195a.md?p=a-7), in coordination with [States](/usc/42/5195a.md?p=a-9), 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](/usc/42/13641.md?p=4) or operator 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](/usc/42/13641.md?p=4) or operator of a [private nonprofit facility](/usc/42/5122.md?p=11-A) for the timely and cost-effective completion of [projects](/usc/42/13641.md?p=2) 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](/usc/42/13641.md?p=4) or operator of a [private nonprofit facility](/usc/42/5122.md?p=11-A) consistent with procedures determined by the [Administrator](/usc/42/5195a.md?p=a-7).
  - (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](/usc/42/13641.md?p=4) or operator 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/42/5195a.md?p=a-6) 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](/usc/42/13641.md?p=4) or operator 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](/usc/42/13641.md?p=4) or operator 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](/usc/42/13641.md?p=4) or operator 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/42/5195a.md?p=a-7), the [facilities](/usc/42/5195a.md?p=a-6) of a [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner](/usc/42/13641.md?p=4) or operator of a [private nonprofit facility](/usc/42/5122.md?p=11-A) as a single [project](/usc/42/13641.md?p=2) based upon the estimates adopted under the procedures;
    - (D) if the actual costs of a [project](/usc/42/13641.md?p=2) completed under the procedures are less than the estimated costs thereof, the [Administrator](/usc/42/5195a.md?p=a-7) may permit a grantee or subgrantee to use all or part of the excess funds for—
      - (i) cost-effective activities that reduce the risk of future damage, hardship, or suffering from a [major disaster](/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/42/5195a.md?p=a-7) shall make available, at an applicant’s request and where the [Administrator](/usc/42/5195a.md?p=a-7) or the certified cost estimate prepared by the applicant’s professionally licensed engineers has estimated an eligible Federal share for a [project](/usc/42/13641.md?p=2) of at least $5,000,000, an independent expert panel to validate the estimated eligible cost consistent with applicable regulations and policies implementing this section;
    - (F) in determining eligible costs under [section 5172 of this title](/usc/42/5172.md), the [Administrator](/usc/42/5195a.md?p=a-7) 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/42/5195a.md?p=a-7) 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/42/5195a.md?p=a-7), the estimates on which grants made pursuant to this section are based shall be presumed to be reasonable and eligible costs, as long as there is no evidence of fraud.
  - (2) For debris removal under sections [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 completion if the [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner](/usc/42/13641.md?p=4) or operator 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 of debris and wreckage based on the time it takes to complete debris and wreckage removal;
    - (C) allowing use of program income from recycled debris without offset to the grant amount;
    - (D) reimbursing base and overtime wages for employees and extra hires of a [State](/usc/42/5122.md?p=4), tribal or [local government](/usc/42/5122.md?p=8), or [owner](/usc/42/13641.md?p=4) or operator of a [private nonprofit facility](/usc/42/5122.md?p=11-A) performing or administering debris and wreckage removal;
    - (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/42/5195a.md?p=a-7) and have pre-qualified 1 or more debris and wreckage removal contractors before the date of declaration of the [major disaster](/usc/42/5122.md?p=2); and
    - (F) if the actual costs of [projects](/usc/42/13641.md?p=2) under [subparagraph (A)](#e-2-A) are less than the estimated costs of the [project](/usc/42/13641.md?p=2), the [Administrator](/usc/42/5195a.md?p=a-7) may permit a grantee or subgrantee to use all or part of the excess funds for—
      - (i) debris management planning;
      - (ii) acquisition of debris management equipment for current or future use; and
      - (iii) other activities to improve future debris removal operations, as determined by the [Administrator](/usc/42/5195a.md?p=a-7).
- (f) **Waiver authority—** Until such time as the [Administrator](/usc/42/5195a.md?p=a-7) promulgates regulations to implement this section, the [Administrator](/usc/42/5195a.md?p=a-7) may—
  - (1) waive notice and comment rulemaking, if the [Administrator](/usc/42/5195a.md?p=a-7) determines the waiver is necessary to expeditiously implement this section; and
  - (2) carry out the alternative procedures under this section as a pilot program.
- (g) **Overtime payments—** The guidelines for reimbursement for costs under [subsection (e)(2)(D)](#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 a report on the alternative procedures for the repair, restoration, and replacement of damaged [facilities](/usc/42/5195a.md?p=a-6) 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 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.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 93–288, title IV, § 428, as added Pub. L. 113–2, div. B, § 1102(2), Jan. 29, 2013, 127 Stat. 39; amended Pub. L. 115–254, div. D, § 1207(c), (d), Oct. 5, 2018, 132 Stat. 3440, 3441.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this Act, referred to in subsec. (a), probably means the date of enactment of Pub. L. 113–2, which enacted this section and was approved Jan. 29, 2013.

This chapter, referred to in subsec. (d)(2), was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

The Fair Labor Standards Act of 1938, referred to in subsec. (g), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

### Amendments

2018—Subsec. (d). Pub. L. 115–254, § 1207(c), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (e)(1)(G). Pub. L. 115–254, § 1207(d), added subpar. (G).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.