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

# §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/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) shall publish on the website of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) the specifics of each such grant award, including—
  - (1) identifying the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) Region;
  - (2) the [disaster](/usc/42/5204.md?p=2) or [emergency](/usc/42/5122.md?p=1) declaration number;
  - (3) the [State](/usc/42/5122.md?p=4), county, and applicant name;
  - (4) if the applicant is a private [nonprofit](/usc/42/300s–3.md?p=3) 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/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) shall publish on the website of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) any mission assignment or mission assignment task order to another Federal department or [agency](/usc/42/8262.md?p=1) 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;
    - (B) the [disaster](/usc/42/5204.md?p=2) declaration for such [State](/usc/42/5122.md?p=4) or Indian Tribe;
    - (C) the assigned [agency](/usc/42/8262.md?p=1);
    - (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 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/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) 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/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) shall publish on the website of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) 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 to be carried over from the prior fiscal year to the budget year;
    - (B) the unobligated balance of funds to be carried over from the budget year to the budget year plus 1;
    - (C) the amount of obligations for noncatastrophic events for the budget year;
    - (D) the amount of obligations for the budget year for catastrophic events delineated by event and by [State](/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 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/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) on the website of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) not later than the fifth day of each month:
    - (A) A summary of the amount of appropriations made available by source, the transfers executed, the previously allocated funds recovered, and the commitments, [allocations](/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 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 of spending:
      - (i) Public assistance.
      - (ii) Individual assistance.
      - (iii) Mitigation.
      - (iv) Administrative.
      - (v) Operations.
      - (vi) Any other relevant category (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 appropriated will be exhausted.
- (d) **Contracts—**
  - (1) **Information—** Not later than 10 days after the first day of each month, 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) shall publish on the website of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) the specifics of each contract in excess of $1,000,000 that the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) 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/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) shall provide a report to the appropriate committees of Congress summarizing the following information for the preceding fiscal year:
    - (A) The number of contracts awarded without competitive bidding.
    - (B) The reasons why a competitive bidding process was not used.
    - (C) The total amount of contracts awarded with no competitive bidding.
    - (D) The damage category codes, if applicable, for contracts awarded without competitive bidding.
- (e) **Collection of public assistance recipient and subrecipient contracts—**
  - (1) **In general—** Not later than 180 days after October 5, 2018, 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) shall initiate and maintain an effort to collect and store information, prior to the [project](/usc/42/13641.md?p=2) closeout phase on any contract entered into by a public assistance recipient or subrecipient that through the base award, available options, or any subsequent modifications has an estimated value of more than $1,000,000 and is funded through section [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/42/13641.md?p=2) worksheet number, and the category of work associated with each contract;
    - (B) the name of each party;
    - (C) the date the contract was awarded;
    - (D) the amount of the contract;
    - (E) the scope of the contract;
    - (F) the period of performance for the contract; and
    - (G) whether the contract was awarded through a competitive bidding process.
  - (2) **Availability of information collected—** The [Administrator](/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) 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, and appropriate committees of Congress, upon request.
  - (3) **Report—** Not later than 365 days after October 5, 2018, 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) shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the efforts of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) to collect the information described in [paragraph (1)](#e-1).

## Source credit

(Pub. L. 93–288, title IV, § 430, as added Pub. L. 115–254, div. D, § 1224, Oct. 5, 2018, 132 Stat. 3455.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Enactment of section 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 an Effective Date of 2018 Amendment note under section 5121 of this title.