Stafford Act, as Amended - FEMA P-592 vol. 1 May 2021

Stafford Act, as Amended

FEMA P-592 vol. 1, May 2021

e Oce of Chief Counsel maintains this booklet. Please submit any

comments or inquiries about this publication to FEMA[email protected].

Robert T. Staord Disaster Relief and Emergency Assistance Act,

Public Law 93-288, as amended,

42 U.S.C. 5121 et seq.

United States Code, Title 42. e Public Health and Welfare, Chapter 68. Disaster Relief

Title I – Findings, Declarations and Denitions

Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121) ...............................1

Sec. 102. Denitions (42 U.S.C. 5122) ...................................................................................1

Sec. 103. References (42 U.S.C. 5123) ...................................................................................3

Title II – Disaster Preparedness and Mitigation Assistance

Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131) ................4

Sec. 202. Disaster Warnings (42 U.S.C. 5132) ......................................................................5

Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133) ..................................................5

Sec. 204. Interagency Task Force (42 U.S.C. 5134) ............................................................10

Sec. 205. Grants to Entities for Establishment of Hazard Mitigation Revolving Loan

Funds (42 U.S.C. 5135) .........................................................................................10

Title III – Major Disaster and Emergency Assistance Administration

Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141) ....................................19

Sec. 302. Coordinating Ocers (42 U.S.C. 5143) ..............................................................19

Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144) .............................19

Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147) ......................................20

Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148) ......................................20

Sec. 306. Performance of Services (42 U.S.C. 5149) ..........................................................21

Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150) ........................................21

Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151) ............................22

Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152) .....................22

Sec. 310. Priority to Certain Applications for Public Facility and

Public Housing Assistance (42 U.S.C. 5153) ......................................................23

Sec. 311. Insurance (42 U.S.C. 5154) ...................................................................................23

-- Prohibited Flood Disaster Assistance (42 U.S.C. 5154a) ...................................24

Sec. 312. Duplication of Benets (42 U.S.C. 5155) ............................................................25

Sec. 313. Standards and Reviews (42 U.S.C. 5156) ............................................................27

Sec. 314. Penalties (42 U.S.C. 5157) .....................................................................................27

Sec. 315. Availability of Materials (42 U.S.C. 5158) ...........................................................27

Sec. 316. Protection of Environment (42 U.S.C. 5159) ......................................................27

Sec. 317. Recovery of Assistance (42 U.S.C. 5160).............................................................28

Sec. 318. Audits and Investigations (42 U.S.C. 5161) ........................................................28

Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162) ...............................................28

Sec. 320. Limitation on Use of Sliding Scales (42 U.S.C. 5163) ........................................29

Sec. 321. Rules and Regulations (42 U.S.C. 5164) ..............................................................29

Sec. 322. Mitigation Planning (42 U.S.C. 5165) .................................................................29

Sec. 323. Minimum Standards for Public and

Private Structures (42 U.S.C. 5165a) ...................................................................30

Sec. 324. Management Costs (42 U.S.C. 5165b).................................................................30

Sec. 325. Public Notice, Comment, and

Consultation Requirements (42 U.S.C. 5165c) ...................................................31

Sec. 326. Designation of Small State and Rural Advocate (42 U.S.C. 5165d) .................32

Sec. 327. National Urban Search and Rescue Response System (42 U.S.C. 5165f) ........32

Title IV – Major Disaster Assistance Programs

Sec. 401. Procedure for Declaration (42 U.S.C. 5170) .......................................................37

Sec. 402. General Federal Assistance (42 U.S.C. 5170a)....................................................38

Sec. 403. Essential Assistance (42 U.S.C. 5170b) ...............................................................38

Sec. 404. Hazard Mitigation (42 U.S.C. 5170c) ..................................................................41

Sec. 405. Federal Facilities (42 U.S.C. 5171) .......................................................................44

Sec. 406. Repair, Restoration, and Replacement

of Damaged Facilities (42 U.S.C. 5172) ...............................................................45

Sec. 407. Debris Removal (42 U.S.C. 5173) ........................................................................52

Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174) ..............52

Sec. 410. Unemployment Assistance (42 U.S.C. 5177) ......................................................61

-- Emergency Grants to Assist Low-Income Migrant

and Seasonal Farmworkers (42 U.S.C. 5177a) ....................................................61

Sec. 412. Benets and Distribution (42 U.S.C. 5179) ........................................................62

Sec. 413. Food Commodities (42 U.S.C. 5180) ..................................................................62

Sec. 414. Relocation Assistance (42 U.S.C. 5181) ..............................................................62

Sec. 415. Legal Services (42 U.S.C. 5182) ............................................................................63

Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183) ...........................63

Sec. 417. Community Disaster Loans (42 U.S.C. 5184) ....................................................63

Sec. 418. Emergency Communications (42 U.S.C. 5185) .................................................64

Sec. 419. Emergency Public Transportation (42 U.S.C. 5186) ..........................................64

Sec. 420. Fire Management Assistance (42 U.S.C. 5187) ..................................................64

Sec. 421. Timber Sale Contracts (42 U.S.C. 5188) .............................................................64

Sec. 422. Simplied Procedure (42 U.S.C. 5189) ................................................................65

Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a) ...........................................66

Sec. 424. Date of Eligibility; Expenses Incurred Before

Date of Disaster (42 U.S.C. 5189b) ......................................................................67

Sec. 425. Transportation Assistance to Individuals

and Households (42 U.S.C. 5189c) ......................................................................67

Sec. 426. Case Management Services (42 U.S.C. 5189d) ...................................................67

Sec. 427. Essential Service Providers (42 U.S.C. 5189e) ....................................................67

Sec. 428. Public Assistance Program Alternative Procedures (42 U.S.C. 5189f) ............68

Sec. 429. Unied Federal Review (42 U.S.C. 5189g) ..........................................................71

Sec. 430. Agency Accountability (42 U.S.C. 5189h). .........................................................71

iii

Title V – Emergency Assistance Programs

Sec. 501. Procedure for Declaration (42 U.S.C. 5191) .......................................................76

Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192) ................................................76

Sec. 503. Amount of Assistance (42 U.S.C. 5193) ..............................................................78

Title VI – Emergency Preparedness

Sec. 601. Declaration of Policy (42 U.S.C. 5195) ................................................................79

Sec. 602. Denitions (42 U.S.C. 5195a) ...............................................................................79

Sec. 603. Administration of Title (42 U.S.C. 5195b) ..........................................................80

-- Critical Infrastructures Protection (42 U.S.C. 5195c) .......................................80

Subtitle A—Powers and Duties

Sec. 611. Detailed Functions or Administration (42 U.S.C. 5196) ...................................81

Sec. 612. Mutual Aid Pacts Between States

and Neighboring Counties (42 U.S.C. 5196a) ....................................................85

Sec. 613. Contributions for Personnel and

Administrative Expenses (42 U.S.C. 5196b) .......................................................85

Sec. 614. Grants for Construction of Emergency Operations Centers

(42 U.S.C. 5196c) ...................................................................................................87

Sec. 615. Use of Funds to Prepare for and Respond to Hazards

(42 U.S.C. 5196d) ...................................................................................................87

-- Radiological Emergency Preparedness Fund (42 U.S.C. 5196e) ......................87

Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f) .................................87

Subtitle B—General Provisions

Sec. 621. Administrative Authority (42 U.S.C. 5197) ........................................................88

Sec. 622. Security Regulations (42 U.S.C. 5197a) ...............................................................89

Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b) ........................................................91

Sec. 624. Annual Report to Congress (42 U.S.C. 5197c) ...................................................91

Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d) ...................................................91

Sec. 626. Authorization of Appropriations and Transfers of Funds

(42 U.S.C. 5197e) ...................................................................................................91

Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f) ................................91

Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g) ............................................91

Title VII – Miscellaneous

Sec. 701. Authority to Prescribe Rules and Accept Gis (42 U.S.C. 5201) ......................92

-- Insular Areas Disaster Survival and Recovery;

Denitions (42 U.S.C. 5204) .................................................................................92

-- Technical Assistance for Insular Areas (42 U.S.C. 5204b) ................................92

Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205) ......................................93

-- Buy American (42 U.S.C. 5206) ...........................................................................94

Sec. 706 Firearms Policies (42 U.S.C. 5207) ..................................................................... 95

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STAFFORD ACT > TITLE I > §§ 101-102

Title I – Findings, Declarations and Denitions

Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121)

(a) e Congress hereby nds and declares that -

(1) because disasters oen cause loss of life, human suering, loss of income, and

property loss and damage; and

(2) because disasters oen disrupt the normal functioning of governments and

communities, and adversely aect individuals and families with great severity;

special measures, designed to assist the eorts of the aected States in expediting

the rendering of aid, assistance, and emergency services, and the reconstruction and

rehabilitation of devastated areas, are necessary.

(b) It is the intent of the Congress, by this Act, to provide an orderly and continuing means

of assistance by the Federal Government to State and local governments in carrying

out their responsibilities to alleviate the suering and damage which result from such

disasters by -

(1) revising and broadening the scope of existing disaster relief programs;

(2) encouraging the development of comprehensive disaster preparedness and

assistance plans, programs, capabilities, and organizations by the States and by

local governments;

(3) achieving greater coordination and responsiveness of disaster preparedness and

relief programs;

(4) encouraging individuals, States, and local governments to protect themselves by

obtaining insurance coverage to supplement or replace governmental assistance;

(5) encouraging hazard mitigation measures to reduce losses from disasters, including

development of land use and construction regulations; and

(6) providing Federal assistance programs for both public and private losses sustained

in disasters[.]

Sec. 102. Denitions (42 U.S.C. 5122)

As used in this Act -

(1) EmErgEncy - “Emergency” means any occasion or instance for which, in the

determination of the President, Federal assistance is needed to supplement State

and local eorts 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.

(2) major DisastEr - “Major disaster” means any natural catastrophe (including any

hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami,

earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or,

regardless of cause, any re, ood, or explosion, in any part of the United States,

which in the determination of the President causes damage of sucient severity

and magnitude to warrant major disaster assistance under this Act to supplement

the eorts and available resources of States, local governments, and disaster

relief organizations in alleviating the damage, loss, hardship, or suering caused

thereby.

(3) “UnitED statEs” means the y States, the District of Columbia, Puerto Rico, the

Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern

Mariana Islands.

(4) “statE” means any State of the United States, the District of Columbia, Puerto

Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the

Northern Mariana Islands.

(5) “govErnor” means the chief executive of any State.

(6) inDian tribal govErnmEnt - e term “Indian tribal government” means the

governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village,

or community that the Secretary of the Interior acknowledges to exist as an Indian

tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a

et seq.).

(7) inDiviDUal with a Disability - e term “individual with a disability” means an

individual with a disability as dened in [Section 3(2) of the Americans with

Disabilities Act of 1990 (42 U.S.C. 12102(2))].

(8) local govErnmEnt - e term “local government” means –

(A) a county, municipality, city, town, township, local public authority,

school district, special district, intrastate district, council of governments

(regardless of whether the council of governments is incorporated as a

nonprot corporation under State law), regional or interstate government

entity, or agency or instrumentality of a local government;

(B) an Indian tribe or authorized tribal organization, or Alaska Native village or

organization, that is not an Indian tribal government as dened in paragraph

(6); and

which an application for assistance is made by a State or political subdivision

of a State.

(9) “FEDEral agEncy” means any department, independent establishment,

Government corporation, or other agency of the executive branch of the Federal

Government, including the United States Postal Service, but shall not include the

American National Red Cross.

(10) PUblic Facility - “Public facility” means the following facilities owned by a State or

local government:

(A) Any ood control, navigation, irrigation, reclamation, public power,

sewage treatment and collection, water supply and distribution, watershed

development, or airport facility.

STAFFORD ACT > TITLE I > § 102

STAFFORD ACT > TITLE I > §§ 102-103

(B) Any non-Federal-aid street, road, or highway.

educational, recreational, or cultural purposes.

(D) Any park.

(11) PrivatE nonProFit Facility -

(A) in gEnEral - e term “private nonprot facility” means private nonprot

educational (without regard to the religious character of the facility), center-

based childcare,

utility, irrigation, emergency, medical, rehabilitational, and

temporary or permanent custodial care facilities (including those for the

aged and disabled) and facilities on Indian reservations, as dened by the

President.

(B) aDDitional FacilitiEs – In addition to the facilities described in

subparagraph (A), the term “private nonprot facility” includes any private

nonprot facility that provides essential social services to the general

public (including museums, zoos, performing arts facilities, community

arts centers, community centers, libraries, homeless shelters, senior citizen

centers, rehabilitation facilities, shelter workshops, food banks, broadcasting

facilities, houses of worship, and facilities that provide health and safety

services of a governmental nature), as dened by the President. No house

of worship may be excluded from this denition because leadership or

membership in the organization operating the house of worship is limited to

persons who share a religious faith or practice.

(12) chiEF ExEcUtivE - e term “Chief Executive” means the person who is the Chief,

Chairman, Governor, President, or similar executive ocial of an Indian tribal

government.

Sec. 103. References (42 U.S.C. 5123)

Except as otherwise specically provided, any reference in this chapter to “State and local”,

“State or local”, “State, and local”, “State, or local”, or “State, local” (including plurals) with

respect to governments or ocials and any reference to a “local government” in sections

5172(d)(3) and 5184 of this title [Section 406(d)(3) and Section 417] is deemed to refer also

to Indian tribal governments and ocials, as appropriate.

* The addition of “center-based childcare” to the denition has an effective date of Oct. 5, 2018.

STAFFORD ACT > TITLE II > § 201

Title II - Disaster Preparedness and Mitigation Assistance

Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131)

(a) Utilization oF sErvicEs oF othEr agEnciEs - e President is authorized to establish a

program of disaster preparedness that utilizes services of all appropriate agencies and

includes -

(1) preparation of disaster preparedness plans for mitigation, warning, emergency

operations, rehabilitation, and recovery;

(2) training and exercises;

(3) postdisaster critiques and evaluations;

(4) annual review of programs;

(5) coordination of Federal, State, and local preparedness programs;

(6) application of science and technology;

(7) research.

(b) tEchnical assistancE For thE DEvEloPmEnt oF Plans anD Programs - e President

shall provide technical assistance to the States in developing comprehensive plans and

practicable programs for preparation against disasters, including hazard reduction,

avoidance, and mitigation; for assistance to individuals, businesses, and State and local

governments following such disasters; and for recovery of damages or destroyed public

and private facilities.

State, the President is authorized to make grants, not to exceed in the aggregate to such

State $250,000, for the development of plans, programs, and capabilities for disaster

preparedness and prevention. Such grants shall be applied for within one year from

May 22, 1974. Any State desiring nancial assistance under this section shall designate

or create an agency to plan and administer such a disaster preparedness program, and

shall, through such agency, submit a State plan to the President, which shall—

(1) set forth a comprehensive and detailed State program for preparation against and

assistance following, emergencies and major disasters, including provisions for

assistance to individuals, businesses, and local governments; and

(2) include provisions for appointment and training of appropriate stas, formulation

of necessary regulations and procedures and conduct of required exercises.

(d) grants For imProvEmEnt, maintEnancE, anD UPDating oF statE Plans - e President

is authorized to make grants not to exceed 50 per centum of the cost of improving,

maintaining and updating State disaster assistance plans, including evaluations

of natural hazards and development of the programs and actions required to

mitigate such hazards; except that no such grant shall exceed $50,000 per annum to

any State.

STAFFORD ACT > TITLE II > §§ 202-203

Sec. 202. Disaster Warnings (42 U.S.C. 5132)

(a) rEaDinEss oF FEDEral agEnciEs to issUE warnings to statE anD local oFFicials -

e President shall insure that all appropriate Federal agencies are prepared to issue

warnings of disasters to State and local ocials.

(b) tEchnical assistancE to statE anD local govErnmEnts For EFFEctivE warnings - e

President shall direct appropriate Federal agencies to provide technical assistance to

State and local governments to insure that timely and eective disaster warning is

provided.

President is authorized to utilize or to make available to Federal, State, and local

agencies the facilities of the civil defense communications system established and

maintained pursuant to section 5196(c) of this title [Section 611(c)] or any other

Federal communications system for the purpose of providing warning to governmental

authorities and the civilian population in areas endangered by disasters.

(d) agrEEmEnts with commErcial commUnications systEms For UsE oF FacilitiEs - e

President is authorized to enter into agreements with the ocers or agents of any

private or commercial communications systems who volunteer the use of their systems

on a reimbursable or nonreimbursable basis for the purpose of providing warning to

governmental authorities and the civilian population endangered by disasters.

Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133)

(a) DEFinition oF small imPovErishED commUnity - In this section, the term “small

impoverished community” means a community of 3,000 or fewer individuals that is

economically disadvantaged, as determined by the State in which the community is

located and based on criteria established by the President.

(b) EstablishmEnt oF Program - e President may establish a program to provide technical

and nancial assistance to States and local governments to assist in the implementation

of predisaster hazard mitigation measures that are cost-eective and are designed to

reduce injuries, loss of life, and damage and destruction of property, including damage

to critical services and facilities under the jurisdiction of the States or local governments.

identied natural disaster hazards in areas under its jurisdiction and has demonstrated

the ability to form eective public-private natural disaster hazard mitigation

partnerships, the President, using amounts in the National Public Infrastructure

Predisaster Mitigation Fund established under subsection (i) of this section (referred

to in this section as the “Fund”), may provide technical and nancial assistance to the

State or local government to be used in accordance with subsection (e) of this section.

(d) statE rEcommEnDations -

(1) in gEnEral -

(A) rEcommEnDations - e Governor of each State may recommend to the

President not fewer than ve local governments to receive assistance under

this section.

STAFFORD ACT > TITLE II > § 203

(B) DEaDlinE For sUbmission - e recommendations under subparagraph (A)

shall be submitted to the President not later than October 1, 2001, and each

October 1st thereaer or such later date in the year as the President may

establish.

Governor shall consider the criteria specied in subsection (g) of

this section.

(2) UsE -

(A) in gEnEral - Except as provided in subparagraph (B), in providing assistance

to local governments under this section, the President shall select from local

governments recommended by the Governors under this subsection.

(B) ExtraorDinary circUmstancEs - In providing assistance to local governments

under this section, the President may select a local government that has not

been recommended by a Governor under this subsection if the President

determines that extraordinary circumstances justify the selection and that

making the selection will further the purpose of this section.

(3) EFFEct oF FailUrE to nominatE - If a Governor of a State fails to submit

recommendations under this subsection in a timely manner, the President may

select, subject to the criteria specied in subsection (g) of this section, any local

governments of the State to receive assistance under this section.

(e) UsEs oF tEchnical anD Financial assistancE -

(1) in gEnEral - Technical and nancial assistance provided under this section—

(A) shall be used by States and local governments principally to implement

predisaster hazard mitigation measures that are cost-eective and are

described in proposals approved by the President under this section; and

(B) may be used -

(i) to support eective public-private natural disaster hazard mitigation

partnerships;

(ii) to improve the assessment of a community’s vulnerability to natural

hazards;

(iii) to establish hazard mitigation priorities, and an appropriate hazard

mitigation plan, for a community; or

(iv) to establish and carry out enforcement activities and implement

the latest published editions of relevant consensus-based codes,

specications, and standards that incorporate the latest hazard-

resistant designs and establish minimum acceptable criteria for the

design, construction, and maintenance of residential structures and

facilities that may be eligible for assistance under this Act for the

purpose of protecting the health, safety, and general welfare of the

buildings’ users against disasters.

(2) DissEmination - A State or local government may use not more than 10 percent

STAFFORD ACT > TITLE II > § 203

of the nancial assistance received by the State or local government under this

section for a scal year to fund activities to disseminate information regarding

cost-eective mitigation technologies.

(f) allocation oF FUnDs -

(1) in gEnEral - e President shall award nancial assistance under this section on a

competitive basis for mitigation activities that are cost eective and in accordance

with the criteria in subsection (g).

(2) minimUm anD maximUm amoUnts - In providing nancial assistance under this

section, the President shall ensure that the amount of nancial assistance made

available to a State (including amounts made available to local governments of the

State) for a scal year -

(A) is not less than the lesser or -

(i) $575,000; or

(ii) the amount that is equal to 1 percent of the total funds appropriated to

carry out this section for the scal year; and

(B) does not exceed the amount that is equal to 15 percent of the total funds

appropriated to carry out this section for the scal year.

(3) rEDistribUtion oF UnobligatED amoUnts - e President may—

(A) withdraw amounts of nancial assistance made available to a State

(including amounts made available to local governments of a State) under

this subsection that remain unobligated by the end of the third scal year

aer the scal year for which the amounts were allocated; and

(B) in the scal year following a scal year in which amounts were withdrawn

under subparagraph (A), add the amounts to any other amounts available to

be awarded on a competitive basis pursuant to paragraph (1).

(g) critEria For assistancE awarDs - In determining whether to provide technical and

nancial assistance to a State or local government under this section, the President

shall provide nancial assistance only in States that have received a major disaster

declaration in the previous 7 years, or to any Indian tribal government located partially

or entirely within the boundaries of such States, and take into account -

(1) the extent and nature of the hazards to be mitigated;

(2) the degree of commitment by the State or local government to reduce damages

from future natural disasters;

(3) the degree of commitment by the State or local government to support ongoing

non-Federal support for the hazard mitigation measures to be carried out using

the technical and nancial assistance;

(4) the extent to which the hazard mitigation measures to be carried out using the

technical and nancial assistance contribute to the mitigation goals and priorities

established by the State;

(5) the extent to which the technical and nancial assistance is consistent with other

STAFFORD ACT > TITLE II > § 203

assistance provided under this Act;

(6) the extent to which prioritized, cost-eective mitigation activities that produce

meaningful and denable outcomes are clearly identied;

(7) if the State or local government has submitted a mitigation plan under section

5165 of this title [Section 322], the extent to which the activities identied under

paragraph (6) are consistent with the mitigation plan;

(8) the opportunity to fund activities that maximize net benets to society;

(9) the extent to which assistance will fund mitigation activities in small impoverished

communities;

(10) the extent to which the State, local, Indian tribal, or territorial government

has facilitated the adoption and enforcement of the latest published editions

of relevant consensus-based codes, specications, and standards, including

amendments made by State, local, Indian tribal, or territorial governments during

the adoption process that incorporate the latest hazard-resistant designs and

establish criteria for the design, construction, and maintenance of residential

structures and facilities that may be eligible for assistance under this Act for the

purpose of protecting the health, safety, and general welfare of the buildings’ users

against disasters;

(11) the extent to which the assistance will fund activities that increase the level of

resiliency; and

(12) such other criteria as the President establishes in consultation with State and local

governments.

(h) FEDEral sharE -

(1) in gEnEral - Financial assistance provided under this section may contribute up

to 75 percent of the total cost of mitigation activities approved by the President.

(2) small imPovErishED commUnitiEs - Notwithstanding paragraph (1), the President

may contribute up to 90 percent of the total cost of a mitigation activity carried out

in a small impoverished community.

(i) national PUblic inFrastrUctUrE PrEDisastEr mitigation assistancE -

(1) in gEnEral - e President may set aside from the Disaster Relief Fund, with

respect to each major disaster, an amount equal to 6 percent of the estimated

aggregate amount of the grants to be made pursuant to sections 403, 406, 407, 408,

410, 416, and 428 for the major disaster in order to provide technical and nancial

assistance under this section and such set aside shall be deemed to be related to

activities carried out pursuant to major disasters under this Act.

(2) EstimatED aggrEgatE amoUnt—Not later than 180 days aer each major disaster

declaration pursuant to this Act, the estimated aggregate amount of grants for

purposes of paragraph (1) shall be determined by the President and such estimated

amount need not be reduced, increased, or changed due to variations in estimates.

(3) no rEDUction in amoUnts—e amount set aside pursuant to paragraph (1) shall

not reduce the amounts otherwise made available for sections 403, 404, 406, 407,

STAFFORD ACT > TITLE II > § 203

408, 410, 416, and 428 under this Act.

(j) mUltihazarD aDvisory maPs -

(1) DEFinition oF mUltihazarD aDvisory maP - In this subsection, the term

“multihazard advisory map” means a map on which hazard data concerning each

type of natural disaster is identied simultaneously for the purpose of showing

areas of hazard overlap.

(2) DEvEloPmEnt oF maPs - In consultation with States, local governments, and

appropriate Federal agencies, the President shall develop multihazard advisory

maps for areas, in not fewer than ve States, that are subject to commonly

recurring natural hazards (including ooding, hurricanes and severe winds, and

seismic events).

(3) UsE oF tEchnology - In developing multihazard advisory maps under this

subsection, the President shall use, to the maximum extent practicable, the most

cost-eective and ecient technology available.

(4) UsE oF maPs -

(A) aDvisory natUrE - e multihazard advisory maps shall be considered to

be advisory and shall not require the development of any new policy by, or

impose any new policy on, any government or private entity.

(B) availability oF maPs - e multihazard advisory maps shall be made

available to the appropriate State and local governments for the purposes of -

(i) informing the general public about the risks of natural hazards in the

areas described in paragraph (2);

(ii) supporting the activities described in subsection (e) of this section; and

(iii) other public uses.

(k) [Expired]

(l) Prohibition on Earmarks -

(1) DEFinition - In this subsection, the term “congressionally directed spending”

means a statutory provision or report language included primarily at the request

of a Senator or a Member, Delegate or Resident Commissioner of the House of

Representatives providing, authorizing, or recommending a specic 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 specic State, locality, or Congressional district, other

than through a statutory or administrative formula-driven or competitive award

process.

(2) Prohibition - None of the funds appropriated or otherwise made available to carry

out this section may be used for congressionally directed spending.

(3) cErtiFication to congrEss - e Administrator of [FEMA] shall submit to

Congress a certication regarding whether all nancial assistance under this

section was awarded in accordance with this section.

STAFFORD ACT > TITLE II > §§ 203-205

(m) latEst PUblishED EDitions.—For purposes of subsections (e)(1)(B)(iv) and (g)(10), the

term “latest published editions” means, with respect to relevant consensus-based codes,

specications, and standards, the 2 most recently published editions.

Sec. 204. Interagency Task Force (42 U.S.C. 5134)

(a) in gEnEral - e President shall establish a Federal interagency task force for the

purpose of coordinating the implementation of predisaster hazard mitigation programs

administered by the Federal Government.

(b) chairPErson - e Administrator of [FEMA] shall serve as the chairperson of the task

force.

(1) relevant Federal agencies;

(2) State and local government organizations (including Indian tribes); and

(3) the American Red Cross.

Sec. 205. Grants to Entitites for Establishment of Hazard Mitigation Revolving

Loan Funds (42 U.S.C. 5135)

(a) gEnEral aUthority -

(1) in gEnEral - e Administrator may enter into agreements with eligible entities

to make capitalization grants to such entities for the establishment of hazard

mitigation revolving loan funds (referred to in this section as “entity loan funds”)

for providing funding assistance to local governments to carry out eligible projects

under this section to reduce disaster risks for homeowners, businesses, nonprot

organizations, and communities in order to decrease -

(A) the loss of life and property;

(B) the cost of insurance; and

(2) agrEEmEnts - Any agreement entered into under this section shall require the

participating entity to—

(A) comply with the requirements of this section; and

(B) use accounting, audit, and scal procedures conforming to generally

accepted accounting standards.

(b) aPPlication -

(1) in gEnEral - To be eligible to receive a capitalization grant under this section, an

eligible entity shall submit to the Administrator an application that includes the

following:

(A) Project proposals comprised of local government hazard mitigation projects,

on the condition that the entity provides public notice not less than 6 weeks

prior to the submission of an application.

* The authority in subsection (m) expires on Oct. 5, 2023.

(B) An assessment of recurring major disaster vulnerabilities impacting the

entity that demonstrates a risk to life and property.

taken the vulnerabilities described in subparagraph (B) into account.

(D) A description about how the projects described in subparagraph (A) could

conform with the hazard mitigation plan of the entity and of the unit of local

government.

(E) A proposal of the systematic and regional approach to achieve resilience

in a vulnerable area, including impacts to river basins, river corridors,

watersheds, estuaries, bays, coastal regions, micro-basins, micro-watersheds,

ecosystems, and areas at risk of earthquakes, tsunamis, droughts, severe

storms, and wildres, including the wildland-urban interface.

(2) tEchnical assistancE - e Administrator shall provide technical assistance to

eligible entities for applications under this section.

(1) EstablishmEnt oF FUnD - An entity that receives a capitalization grant under this

section shall establish an entity loan fund that complies with the requirements of

this subsection.

(2) FUnD managEmEnt - Except as provided in paragraph (3), entity loan funds shall -

(A) be administered by the agency responsible for emergency management; and

(B) include only –

(i) funds provided by a capitalization grant under this section;

(ii) repayments of loans under this section to the entity loan fund; and

(iii) interest earned on amounts in the entity loan fund.

(3) aDministration -A participating entity may combine the nancial administration

of the entity loan fund of such entity with the nancial administration of any other

revolving fund established by such entity if the Administrator determines that—

(A) the capitalization grant, entity share, repayments of loans, and interest

earned on amounts in the entity loan fund are accounted for separately from

other amounts in the revolving fund; and

(B) the authority to establish assistance priorities and carry out oversight

activities remains in the control of the entity agency responsible for

emergency management.

(4) Entity sharE oF FUnDs -

(A) in gEnEral - On or before the date on which a participating entity receives a

capitalization grant under this section, the entity shall deposit into the entity

loan fund of such entity, an amount equal to not less than 10 percent of the

amount of the capitalization grant.

(B) rEDUcED grant - If, with respect to a capitalization grant under this section,

a participating entity deposits in the entity loan fund of the entity an amount

STAFFORD ACT > TITLE II > § 205

that is less than 10 percent of the total amount of the capitalization grant

that the participating entity would otherwise receive, the Administrator shall

reduce the amount of the capitalization grant received by the entity to the

amount that is 10 times the amount so deposited.

(d) aPPortionmEnt -

(1) in gEnEral - Except as otherwise provided by this subsection, the Administrator

shall apportion funds made available to carry out this section to entities that have

entered into an agreement under subsection (a)(2) in amounts as determined by

the Administrator.

(2) rEsErvation oF FUnDs - e Administrator shall reserve not more than 2.5 percent

of the amount made available to carry out this section for the Federal Emergency

Management Agency for –

(A) administrative costs incurred in carrying out this section;

(B) providing technical assistance to participating entities under subsection (b)

(2); and

(3) Priority - In the apportionment of capitalization grants under this subsection, the

Administrator shall give priority to entity applications under subsection (b) that–

(A) propose projects increasing resilience and reducing risk of harm to natural

and built infrastructure;

(B) involve a partnership between two or more eligible entities to carry out a

project or similar projects;

micro-watersheds, macro-watersheds, estuaries, lakes, bays, and coastal

regions and areas at risk of earthquakes, tsunamis, droughts, severe storms,

and wildres, including the wildland-urban interface; or

(D) propose projects for the resilience of major economic sectors or critical

national infrastructure, including ports, global commodity supply

chain assets (located within an entity or within the jurisdiction of local

governments, insular areas, and Indian tribal governments), power and

water production and distribution centers, and bridges and waterways

essential to interstate commerce.

(4) insUlar arEas -

(A) aPPortionmEnt - From any amount remaining of funds reserved under

paragraph (2), the Administrator may enter into agreements to provide

capitalization grants to insular areas.

(B) rEqUirEmEnts - An insular area receiving a capitalization grant under this

section shall comply with the requirements of this section as applied to

participating entities.

(e) EnvironmEntal rEviEw oF rEvolving loan FUnD ProjEcts - e Administrator may

delegate to a participating entity all of the responsibilities for environmental review,

STAFFORD ACT > TITLE II > § 205

decision making, and action pursuant to the National Environmental Policy Act

of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal environmental laws

including the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the National

Historic Preservation Act of 1966 (54 U.S.C. 300101 et seq.) that would apply to the

Administrator were the Administrator to undertake projects under this section as

Federal projects so long as the participating entity carries out such responsibilities in

the same manner and subject to the same requirements as if the Administrator carried

out such responsibilities.

(f) UsE oF FUnDs -

(1) Types of Assistance - Amounts deposited in an entity loan fund, including loan

repayments and interest earned on such amounts, may be used -

(A) to make loans, on the condition that—

(i) such loans are made at an interest rate of not more than 1 percent;

(ii) annual principal and interest payments will commence not later than

1 year aer completion of any project and all loans made under this

subparagraph will be fully amortized –

(I) not later than 20 years aer the date on which the project is

completed; or

(II) for projects in a low-income geographic area, not later than 30

years aer the date on which the project is completed and not

longer than the expected design life of the project;

(iii) the loan recipient of a loan under this subparagraph establishes a

dedicated source of revenue for repayment of the loan;

(iv) the loan recipient of a loan under this subparagraph has a hazard

mitigation plan that has been approved by the Administrator; and

(v) the entity loan fund will be credited with all payments of principal and

interest on all loans made under this subparagraph;

(B) for mitigation eorts, in addition to mitigation planning under section 322

not to exceed 10 percent of the capitalization grants made to the participating

entity in a scal year;

under this section, except that such amounts shall not exceed $100,000 per

year, 2 percent of the capitalization grants made to the participating entity

in a scal year, or 1 percent of the value of the entity loan fund, whichever

amount is greatest, plus the amount of any fees collected by the entity for

such purpose regardless of the source; and

(D) to earn interest on the entity loan fund.

(2) Prohibition on DEtErmination that loan is a DUPlication - In carrying out this

section, the Administrator may not determine that a loan is a duplication of

assistance or programs under this Act.

(3) ProjEcts anD activitiEs EligiblE For assistancE - Except as provided in this

STAFFORD ACT > TITLE II > § 205

subsection, a participating entity may use funds in the entity loan fund to provide

nancial assistance for projects or activities that mitigate the impacts of natural

hazards including –

(A) drought and prolonged episodes of intense heat;

(B) severe storms, including hurricanes, tornados, wind storms, cyclones, and

severe winter storms;

(D) earthquakes;

(E) ooding, including the construction, repair, or replacement of a non-Federal

levee or other ood control structure, provided that the Administrator, in

consultation with the Army Corps of Engineers (if appropriate), requires

an eligible entity to determine that such levee or structure is designed,

constructed, and maintained in accordance with sound engineering

practices and standards equivalent to the purpose for which such levee or

structure is intended;

(F) shoreline erosion;

(G) high water levels; and

(H) storm surges.

(4) zoning anD lanD UsE Planning changEs - A participating entity may use not more

than 10 percent of a capitalization grant under this section to enable units of local

government to implement zoning and land use planning changes focused on –

(A) the development and improvement of zoning and land use codes that

incentivize and encourage low-impact development, resilient wildland-

urban interface land management and development, natural infrastructure,

green stormwater management, conservation areas adjacent to oodplains,

implementation of watershed or greenway master plans, and reconnection

of oodplains;

(B) the study and creation of agricultural risk compensation districts where

there is a desire to remove or set-back levees protecting highly developed

agricultural land to mitigate for ooding, allowing agricultural producers

to receive compensation for assuming greater ood risk that would alleviate

ood exposure to population centers and areas with critical national

infrastructure;

greater reliance on low impact development stormwater best management

practices, exchange density increases for increased open space and

improvement of neighborhood catch basins to mitigate urban ooding,

reward developers for including and augmenting natural infrastructure

adjacent to and around building projects without reliance on increased

sprawl, and reward developers for addressing wildre ignition; and

(D) the study and creation of an erosion response plan that accommodates river,

lake, forest, plains, and ocean shoreline retreating or blu stabilization due

STAFFORD ACT > TITLE II > § 205

to increased ooding and disaster impacts.

(5) Establishing anD carrying oUt bUilDing coDE EnForcEmEnt - A participating

entity may use capitalization grants under this section to enable units of local

government to establish and carry out the latest published editions of relevant

building codes, specications, and standards for the purpose of protecting the

health, safety, and general welfare of the building’s users against disasters and

natural hazards.

(6) aDministrativE anD tEchnical costs - For each scal year, a participating entity

may use the amount described in paragraph (1)(C) to -

(A) pay the reasonable costs of administering the programs under this section,

including the cost of establishing an entity loan fund; and

(B) provide technical assistance to recipients of nancial assistance from the

entity loan fund, on the condition that such technical assistance does not

exceed 5 percent of the capitalization grant made to such entity.

(7) limitation For singlE ProjEcts - A participating entity may not provide an amount

equal to or more than $5,000,000 to a single hazard mitigation project.

(8) rEqUirEmEnts - For scal year 2022 and each scal year thereaer, the requirements

of subchapter IV of chapter 31 of title 40, United States Code, shall apply to the

construction of projects carried out in whole or in part with assistance made

available by an entity loan fund authorized by this section.

(g) intEnDED UsE Plans –

(1) in gEnEral - Aer providing for public comment and review, and consultation

with appropriate government agencies of the State or Indian tribal government,

Federal agencies, and interest groups, each participating entity shall annually

prepare and submit to the Administrator a plan identifying the intended uses of

the entity loan fund.

(2) contEnts oF Plan - An entity intended use plan prepared under paragraph (1)

shall include -

(A) the integration of entity planning eorts, including entity hazard mitigation

plans and other programs and initiatives relating to mitigation of major

disasters carried out by such entity;

(B) an explanation of the mitigation and resiliency benets the entity intends to

achieve by -

(i) reducing future damage and loss associated with hazards;

(ii) reducing the number of severe repetitive loss structures and repetitive

loss structures in the entity;

(iii) decreasing the number of insurance claims in the entity from injuries

resulting from major disasters or other natural hazards; and

(iv) increasing the rating under the community rating system under

section 1315(b) of the National Flood Insurance Act of 1968 (42 U.S.C.

4022(b)) for communities in the entity;

STAFFORD ACT > TITLE II > § 205

assistance from the entity loan fund of such entity;

(D) the criteria and methods established for the distribution of funds;

(E) the amount of nancial assistance that the entity anticipates apportioning;

(F) the expected terms of the assistance provided from the entity loan fund; and

(G) a description of the nancial status of the entity loan fund, including short-

term and long-term goals for the fund.

(h) aUDits, rEPorts, PUblications, anD ovErsight -

(1) biEnnial Entity aUDit anD rEPort - Beginning not later than the last day of the

second scal year aer the receipt of payments under this section, and biennially

thereaer, any participating entity shall -

(A) conduct an audit of the entity loan fund established under subsection (c);

and

(B) provide to the Administrator a report including -

(i) the result of any such audit; and

(ii) a review of the eectiveness of the entity loan fund of the entity with

respect to meeting the goals and intended benets described in the

intended use plan submitted by the entity under subsection (g).

(2) PUblication - A participating entity shall publish and periodically update

information about all projects receiving funding from the entity loan fund of such

entity, including -

(A) the location of the project;

(B) the type and amount of assistance provided from the entity loan fund;

(D) the anticipated date of completion of the project.

(3) ovErsight -

(a) in gEnEral - e Administrator shall, at least every 4 years, conduct

reviews and audits as may be determined necessary or appropriate by the

Administrator to carry out the objectives of this section and determine the

eectiveness of the fund in reducing natural hazard risk.

(B) gao rEqUirEmEnts - A participating entity shall conduct audits under

paragraph (1) in accordance with the auditing procedures of the Government

Accountability Oce, including generally accepted government auditing

standards.

make recommendations for or require specic changes to an entity loan

fund in order to improve the eectiveness of the fund.

(i) rEgUlations or gUiDancE - e Administrator shall issue such regulations or guidance

as are necessary to -

STAFFORD ACT > TITLE II > § 205

(1) ensure that each participating entity uses funds as eciently as possible;

(2) reduce waste, fraud, and abuse to the maximum extent possible; and

(3) require any party that receives funds directly or indirectly under this section,

including a participating entity and a recipient of amounts from an entity loan

fund, to use procedures with respect to the management of the funds that conform

to generally accepted accounting standards.

(j) waivEr aUthority - Until such time as the Administrator issues nal regulations to

implement this section, the Administrator may -

(1) waive notice and comment rulemaking, if the Administrator determines the

waiver is necessary to expeditiously implement this section; and

(2) provide capitalization grants under this section as a pilot program.

(k) liability ProtEctions - e Agency shall not be liable for any claim based on the exercise

or performance of, or the failure to exercise or perform, a discretionary function or duty

by the Agency, or an employee of the Agency in carrying out this section.

(l) gao rEPort - Not later than 1 year aer the date on which the rst entity loan fund

is established under subsection (c), the Comptroller General of the United States

shall submit to the Committee on Homeland Security and Governmental Aairs of

the Senate and the Committee on Transportation and Infrastructure of the House of

Representatives a report that examines -

(1) the appropriateness of regulations and guidance issued by the Administrator for

the program, including any oversight of the program;

(2) a description of the number of the entity loan funds established, the projects

funded from such entity loan funds, and the extent to which projects funded by

the loan funds adhere to any applicable hazard mitigation plans;

(3) the eectiveness of the entity loan funds to lower disaster related costs; and

(4) recommendations for improving the administration of entity loan funds.

(m) DEFinitions - In this section, the following denitions apply:

(1) aDministrator - e term “Administrator” means the Administrator of the Federal

Emergency Management Agency.

(2) agEncy - e term “Agency” means the Federal Emergency Management Agency.

(3) EligiblE Entity - e term “eligible entity” means -

(A) a State; or

(B) an Indian tribal government that has received a major disaster declaration

during the 5-year period ending on [January 1, 2021].

(4) hazarD mitigation Plan - e term “hazard mitigation plan” means a mitigation

plan submitted under section 322.

(5) insUlar arEa - e term “insular area” means Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and the United States Virgin

Islands.

(6) low-incomE gEograPhic arEa - e term “low-income geographic area” means an

STAFFORD ACT > TITLE II > § 205

area described in paragraph (1) or (2) of section 301(a) of the Public Works and

Economic Development Act of 1965 (42 U.S.C. 3161(a)).

(7) ParticiPating Entity - e term “participating entity” means an eligible entity that

has entered into an agreement under this section.

(8) rEPEtitivE loss strUctUrE - e term “repetitive loss structure” has the meaning

given the term in section 1370 of the National Flood Insurance Act of 1968 (42

U.S.C. 4121).

(9) sEvErE rEPEtitivE loss strUctUrE - e term “severe repetitive loss structure” has

the meaning given the term in section 1366(h) of the National Flood Insurance

Act of 1968 (42 U.S.C. 4104c(h)).

(10) statE - e term “State” means any State of the United States, the District of

Columbia, and Puerto Rico.

(11) wilDlanD-Urban intErFacE - e term “wildland-urban interface” has the

meaning given the term in section 101 of the Healthy Forests Restoration Act of

2003 (16 U.S.C. 6511).

(n) aUthorization oF aPProPriations - ere are authorized to be appropriated $100,000,000

for each of scal years 2022 through 2023 to carry out this section.

STAFFORD ACT > TITLE II > § 205

STAFFORD ACT > TITLE III > §§ 301-303

Title III - Major Disaster and Emergency

Assistance Administration

Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141)

Any Federal agency charged with the administration of a Federal assistance program may, if

so requested by the applicant State or local authorities, modify or waive, for a major disaster,

such administrative conditions for assistance as would otherwise prevent the giving of

assistance under such programs if the inability to meet such conditions is a result of the

major disaster.

Sec. 302. Coordinating Ofcers (42 U.S.C. 5143)

(a) aPPointmEnt oF FEDEral coorDinating oFFicEr - Immediately upon his declaration of a

major disaster or emergency, the President shall appoint a Federal coordinating ocer

to operate in the aected area.

(b) FUnctions oF FEDEral coorDinating oFFicEr - In order to eectuate the purposes of this

Act, the Federal coordinating ocer, within the aected area, shall—

(1) make an initial appraisal of the types of relief most urgently needed;

(2) establish such eld oces as he deems necessary and as are authorized by the

President;

(3) coordinate the administration of relief, including activities of the State and

local governments, the American National Red Cross, the Salvation Army, the

Mennonite Disaster Service, and other relief or disaster assistance organizations,

which agree to operate under his advice or direction, except that nothing

contained in this Act shall limit or in any way aect the responsibilities of the

American National Red Cross under chapter 3001 of title 36; and

(4) take such other action, consistent with authority delegated to him by the President,

and consistent with the provisions of this Act, as he may deem necessary to assist

local citizens and public ocials in promptly obtaining assistance to which they

are entitled.

is necessary, he shall request that the Governor of the aected State designate a State

coordinating ocer for the purpose of coordinating State and local disaster assistance

eorts with those of the Federal Government.

(d) singlE FEDEral coorDinating oFFicEr For mUlti-statE arEa - Where the area aected

by a major disaster or emergency includes parts of more than 1 State, the President, at

the discretion of the President, may appoint a single Federal coordinating ocer for the

entire aected area, and may appoint such deputy Federal coordinating ocers to assist

the Federal coordinating ocer as the President determines appropriate.

Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144)

(a) EmErgEncy sUPPort tEams – e President shall form emergency support teams of

Federal personnel to be deployed in an area aected by a major disaster or emergency.

STAFFORD ACT > TITLE III > §§ 303-305

Such emergency support teams shall assist the Federal coordinating ocer in carrying

out his responsibilities pursuant to this Act. Upon request of the President, the head of

any Federal agency is directed to detail to temporary duty with the emergency support

teams on either a reimbursable or nonreimbursable basis, as is determined necessary

by the President, such personnel within the administrative jurisdiction of the head of

the Federal agency as the President may need or believe to be useful for carrying out

the functions of the emergency support teams, each such detail to be without loss of

seniority, pay, or other employee status.

(b) EmErgEncy rEsPonsE tEams -

(1) EstablishmEnt - In carrying out subsection (a), the President, acting through the

Administrator of [FEMA], shall establish-

(A) at a minimum 3 national response teams; and

(B) sucient regional response teams, including Regional Oce strike teams

under [6 U.S.C. § 317]; and

responsibilities of the Federal Government.

(2) targEt caPability lEvEl - e Administrator shall ensure that specic target

capability levels, as dened pursuant to the guidelines established under [6 U.S.C.

§ 746(a)], are established for Federal emergency response teams.

(3) PErsonnEl - e President, acting through the Administrator, shall ensure that

the Federal emergency response teams consist of adequate numbers of properly

planned, organized, equipped, trained, and exercised personnel to achieve the

established target capability levels. Each emergency response team shall work in

coordination with State and local ocials and onsite personnel associated with a

particular incident.

(4) rEaDinEss rEPorting - e Administrator shall evaluate team readiness on a

regular basis and report team readiness levels in the report required under [6

U.S.C. § 752(a)].

Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147)

Federal agencies may be reimbursed for expenditures under this Act from funds appropriated

for the purposes of this Act. Any funds received by Federal agencies as reimbursement for

services or supplies furnished under the authority of this Act shall be deposited to the credit

of the appropriation or appropriations currently available for such services or supplies.

Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148)

e Federal Government shall not be liable for any claim based upon the exercise or

performance of or the failure to exercise or perform a discretionary function or duty on

the part of a Federal agency or an employee of the Federal Government in carrying out the

provisions of this Act.

STAFFORD ACT > TITLE III > §§ 305-307

Sec. 306. Performance of Services (42 U.S.C. 5149)

(a) Utilization oF sErvicEs or FacilitiEs oF statE anD local govErnmEnts - In carrying

out the purposes of this Act, any Federal agency is authorized to accept and utilize

the services or facilities of any State or local government, or of any agency, oce, or

employee thereof, with the consent of such government.

(b) aPPointmEnt oF tEmPorary PErsonnEl, ExPErts, anD consUltants; acqUisition, rEntal,

or hirE oF EqUiPmEnt, sErvicEs, matErials anD sUPPliEs - In performing any services

under this Act, any Federal agency is authorized -

(1) to appoint and x the compensation of such temporary personnel as may be

necessary, without regard to the provisions of title 5 governing appointments in

competitive service;

(2) to employ experts and consultants in accordance with the provisions of section

3109 of such title, without regard to the provisions of chapter 51 and subchapter

III of chapter 53 of such title relating to classication and General Schedule pay

rates; and

(3) to incur obligations on behalf of the United States by contract or otherwise for

the acquisition, rental, or hire of equipment, services, materials, and supplies

for shipping, drayage, travel, and communications, and for the supervision and

administration of such activities. Such obligations, including obligations arising

out of the temporary employment of additional personnel, may be incurred by an

agency in such amount as may be made available to it by the President.

serving continuously for 3 years, to positions in [FEMA] in the same manner that

competitive service employees 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, unless the employee has

already completed the service requirements for career tenure.

Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150)

(a) contracts or agrEEmEnts with PrivatE EntitiEs -

(1) in gEnEral - In the expenditure of Federal funds for debris clearance, distribution

of supplies, reconstruction, and other major disaster or emergency assistance

activities which may be carried out by contract or agreement with private

organizations, rms, or individuals, preference shall be given, to the extent feasible

and practicable, to those organizations, rms, and individuals residing or doing

business primarily in the area aected by such major disaster or emergency.

(2) constrUction - is section shall not be considered to restrict the use of

Department of Defense resources under this Act in the provision of assistance in

a major disaster.

(3) sPEciFic gEograPhic arEa - In carrying out this section, a contract or agreement

may be set aside for award based on a specic geographic area.

STAFFORD ACT > TITLE III > §§ 307-309

(b) imPlEmEntation -

(1) contracts not to EntitiEs in arEa - Any expenditure of Federal funds for debris

clearance, distribution of supplies, reconstruction, and other major disaster or

emergency assistance activities which may be carried out by contract or agreement

with private organizations, rms, or individuals, not awarded to an organization,

rm, or individual residing or doing business primarily in the area aected by

such major disaster shall be justied in writing in the contract le.

(2) transition - Following the declaration of an emergency or major disaster, an

agency performing response, relief, and reconstruction activities shall transition

work performed under contracts in eect on the date on which the President

declares the emergency or major disaster to organizations, rms, and individuals

residing or doing business primarily in any area aected by the major disaster or

emergency, unless the head of such agency determines that it is not feasible or

practicable to do so.

(3) Formation oF rEqUirEmEnts – e head of a Federal agency, as feasible and

practicable, shall formulate appropriate requirements to facilitate compliance with

this section.

agency to breach or renegotiate any contract in eect before the occurrence of a major

disaster or emergency.

Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151)

(a) rEgUlations For EqUitablE anD imPartial rEliEF oPErations - e President shall issue,

and may alter and amend, such regulations as may be necessary for the guidance of

personnel carrying out Federal assistance functions at the site of a major disaster or

emergency. Such regulations shall include provisions for insuring that the distribution

of supplies, the processing of applications, and other relief and assistance activities shall

be accomplished in an equitable and impartial manner, without discrimination on the

grounds of race, color, religion, nationality, sex, age, disability, English prociency, or

economic status.

(b) comPliancE with rEgUlations as PrErEqUisitE to ParticiPation by othEr boDiEs in rEliEF

oPErations - As a condition of participation in the distribution of assistance or supplies

under this Act or of receiving assistance under this Act, governmental bodies and other

organizations shall be required to comply with regulations relating to nondiscrimination

promulgated by the President, and such other regulations applicable to activities within

an area aected by a major disaster or emergency as he deems necessary for the eective

coordination of relief eorts.

Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152)

(a) In providing relief and assistance under this Act, the President may utilize, with

their consent, the personnel and facilities of the American National Red Cross, the

Salvation Army, the Mennonite Disaster Service, long-term recovery groups, domestic

hunger relief, and other relief, or disaster assistance organizations, in the distribution

of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or

STAFFORD ACT > TITLE III > §§ 309-311

reconstruction of community services housing and essential facilities, whenever the

President nds that such utilization is necessary.

(b) e President is authorized to enter into agreements with the American National

Red Cross, the Salvation Army, the Mennonite Disaster Service, long-term recovery

groups, domestic hunger relief, and other relief, or disaster assistance organizations

under which the disaster relief activities of such organizations may be coordinated by

the Federal coordinating ocer whenever such organizations are engaged in providing

relief during and aer a major disaster or emergency. Any such agreement shall

include provisions assuring that use of Federal facilities, supplies, and services will be

in compliance with regulations prohibiting duplication of benets and guaranteeing

nondiscrimination promulgated by the President under this Act, and such other

regulation as the President may require.

Sec. 310. Priority to Certain Applications for Public Facility and Public Housing

Assistance (42 U.S.C. 5153)

(a) Priority - In the processing of applications for assistance, priority and immediate

consideration shall be given by the head of the appropriate Federal agency, during such

period as the President shall prescribe, to applications from public bodies situated in

areas aected by major disasters under the following Acts:

(1) e United States Housing Act of 1937 [42 U.S.C. § 1437 et seq.] for the provision

of low-income housing.

(2) [4o U.S.C. §§] 3502 to 3505 for assistance in public works planning.

(3) e Community Development Block Grant Program under title I of the Housing

and Community Development Act of 1974 [42 U.S.C. § 5301 et seq.].

(4) [7 U.S.C. §] 1926.

(5) e Public Works and Economic Development Act of 1965 [42 U.S.C. § 3121 et

seq.].

(6) Subtitle IV of title 40.

(7) e Federal Water Pollution Control Act [33 U.S.C. § 1251 et seq].

(b) obligation oF cErtain DiscrEtionary FUnDs - In the obligation of discretionary funds or

funds which are not allocated among the States or political subdivisions of a State, the

Secretary of Housing and Urban Development and the Secretary of Commerce shall

give priority to applications for projects for major disaster areas.

Sec. 311. Insurance (42 U.S.C. 5154)

(a) aPPlicants For rEPlacEmEnt oF DamagED FacilitiEs -

(1) comPliancE with cErtain rEgUlations - An applicant for assistance under section

5172 of this title [Section 406] (relating to repair, restoration, and replacement of

damaged facilities), section 5189 of this title [Section 422] (relating to simplied

procedure) or section 3149(c)(2) of this title shall comply with regulations

prescribed by the President to assure that, with respect to any property to be

replaced, restored, repaired, or constructed with such assistance, such types

and extent of insurance will be obtained and maintained as may be reasonably

available, adequate, and necessary, to protect against future loss to such property.

(2) DEtErmination - In making a determination with respect to availability, adequacy,

and necessity under paragraph (1), the President shall not require greater types

and extent of insurance than are certied to him as reasonable by the appropriate

State insurance commissioner responsible for regulation of such insurance.

(b) maintEnancE oF insUrancE - No applicant for assistance under section 5172 of this title

[Section 406] (relating to repair, restoration, and replacement of damaged facilities),

section 5189 of this title [Section 422] (relating to simplied procedure), or section

3149(c)(2) of this title may receive such assistance for any property or part thereof

for which the applicant has previously received assistance under this Act unless all

insurance required pursuant to this section has been obtained and maintained with

respect to such property. e requirements of this subsection may not be waived under

section 5141 of this title [Section 301].

any or all of the facilities owned by the State. Such an election, if declared in writing at

the time of acceptance of assistance under section 5172 or 5189 of this title [Section 406

or 422] or section 3149(c)(2) of this title) or subsequently and accompanied by a plan

for self-insurance which is satisfactory to the President, shall be deemed compliance

with subsection (a). No such self-insurer may receive assistance under section 5172

or 5189 of this title [Section 406 or 422] for any property or part thereof for which it

has previously received assistance under this Act, to the extent that insurance for such

property or part thereof would have been reasonably available.

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

(a) gEnEral Prohibition - Notwithstanding any other provision of law, no Federal

disaster relief assistance made available in a ood disaster area may be used to make a

payment (including any loan assistance payment) to a person for repair, replacement,

or restoration for damage to any personal, residential, or commercial property if that

person at any time has received ood disaster assistance that was conditional on

the person rst having obtained ood insurance under applicable Federal law and

subsequently having failed to obtain and maintain ood insurance as required under

applicable Federal law on such property.

(b) transFEr oF ProPErty -

(1) DUty to notiFy - In the event of the transfer of any property described in

paragraph (3), the transferor shall, not later than the date on which such transfer

occurs, notify the transferee in writing of the requirements to -

(A) obtain ood 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 ood insurance in accordance with applicable Federal law with

respect to such property. Such written notication shall be contained in

documents evidencing the transfer of ownership of the property.

STAFFORD ACT > TITLE III > § 311, 42 U.S.C. § 5154a

* This section enacted by Sec. 582 of the National Flood Insurance Reform Act of 1994.

STAFFORD ACT > TITLE III > 42 U.S.C. § 5154a, § 312

* Amended Flood Disaster Protection Act (42 U.S.C 4012a(a)) to state requirement to maintain ood

insurance exists for the life of the property, regardless of transfer of ownership.

(2) FailUrE to notiFy - If a transferor described in paragraph (1) fails to make a

notication in accordance with such paragraph and, subsequent to the transfer of

the property -

(A) the transferee fails to obtain or maintain ood insurance in accordance with

applicable Federal law with respect to the property,

(B) the property is damaged by a ood disaster, and

restoration of the property as a result of such damage, the transferor shall be

required to reimburse the Federal Government in an amount equal to the

amount of the Federal disaster relief assistance provided with respect to the

property.

(3) ProPErty DEscribED - For purposes of paragraph (1), a property is described in this

paragraph if it is personal, commercial, or residential property for which Federal

disaster relief assistance made available in a ood disaster area has been provided,

prior to the date on which the property is transferred, for repair, replacement,

or restoration of the property, if such assistance was conditioned upon obtaining

ood insurance in accordance with applicable Federal law with respect to such

property.

(d) “FlooD DisastEr arEa” DEFinED - For purposes of this section, the term “ood disaster

area” means an area with respect to which -

(1) the Secretary of Agriculture nds, or has found, to have been substantially aected

by a natural disaster in the United States pursuant to [7 U.S.C. § 1961(a)]; or

(2) t he President declares, or has declared, the existence of a major disaster or

emergency pursuant to the [Staord Act] (42 U.S.C. 5121 et seq.), as a result of

ood conditions existing in or aecting that area.

(e) E

FFEctivE DatE - is section and the amendments made by this section shall apply to

disasters declared aer September 23, 1994.

Sec. 312. Duplication of Benets (42 U.S.C. 5155)

(a) g EnEral Prohibition - e President, in consultation with the head of each Federal

agency administering any program providing nancial assistance to persons, business

concerns, or other entities suering losses as a result of a major disaster or emergency,

shall assure that no such person, business concern, or other entity will receive such

assistance with respect to any part of such loss as to which he has received nancial

assistance under any other program or from insurance or any other source.

(b) s

PEcial rUlEs -

(1) limitation - is section shall not prohibit the provision of Federal assistance to

a person who is or may be entitled to receive benets for the same purposes from

another source if such person has not received such other benets by the time of

application for Federal assistance and if such person agrees to repay all duplicative

STAFFORD ACT > TITLE III > § 312

assistance to the agency providing the Federal assistance.

(2) ProcEDUrEs - e President shall establish such procedures as the President

considers necessary to ensure uniformity in preventing duplication of benets.

(3) EFFEct oF Partial bEnEFits - Receipt of partial benets for a major disaster or

emergency shall not preclude provision of additional Federal assistance for any

part of a loss or need for which benets have not been provided.

(4) waivEr oF gEnEral Prohibition.

(A) in gEnEral - e President may waive the general prohibition provided in

subsection (a) upon request of a Governor on behalf of the State or on behalf

of a person, business concern, or any other entity suering losses as a result

of a major disaster or emergency, if the President nds such waiver is in the

public interest and will not result in waste, fraud, or abuse. In making this

decision, the President may consider the following:

(i) e recommendations of the Administrator of [FEMA] made in

consultation with the Federal agency or agencies administering the

duplicative program.

(ii) If a waiver is granted, the assistance to be funded is cost eective.

(iii) Equity and good conscience.

(iv) Other matters of public policy considered appropriate by the President.

(B) grant or DEnial oF waivEr - A request under subparagraph (A) shall be

granted or denied not later than 45 days aer submission of such request.

subsection (c), in carrying out subparagraph (A), the President may not

determine that a loan is a duplication of assistance, provided that all Federal

assistance is used toward a loss suered as a result of the major disaster or

emergency.

disaster or emergency shall be liable to the United States to the extent that such assistance

duplicates benets available to the person for the same purpose from another source.

e agency which provided the duplicative assistance shall collect such duplicative

assistance from the recipient in accordance with chapter 37 of title 31, relating to debt

collection, when the head of such agency considers it to be in the best interest of the

Federal Government.

(d) assistancE not incomE - Federal major disaster and emergency assistance provided to

individuals and families under this Act, and comparable disaster assistance provided by

States, local governments, and disaster assistance organizations, shall not be considered

as income or a resource when determining eligibility for or benet levels under federally

funded income assistance or resource-tested benet programs.

* The Disaster Recovery Reform Act (DRRA), Div. D of Pub. L. 115-254 § 1210 (2018). Sec. 1210 of

DRRA provides that section 312(b)(4) is effective for declarations between Jan. 1, 2016 to Dec. 31,

2021. It does not apply to sections 406 and 408 of the Stafford Act. The authority in section 312(b)

(4) expires on Oct. 5, 2023.

STAFFORD ACT > TITLE III > §§ 313-315

Sec. 313. Standards and Reviews (42 U.S.C. 5156)

e President shall establish comprehensive standards which shall be used to assess the

eciency and eectiveness of Federal major disaster and emergency assistance programs

administered under this Act. e President shall conduct annual reviews of the activities

of Federal agencies and State and local governments in major disaster and emergency

preparedness and in providing major disaster and emergency assistance in order to assure

maximum coordination and eectiveness of such programs and consistency in policies for

reimbursement of States under this Act.

Sec. 314. Penalties (42 U.S.C. 5157)

(a) misUsE oF FUnDs - Any person who knowingly misapplies the proceeds of a loan or other

cash benet obtained under this Act shall be ned an amount equal to one and one-half

times the misapplied amount of the proceeds or cash benet.

(b) civil EnForcEmEnt - Whenever it appears that any person has violated or is about to

violate any provision of this Act, including any civil penalty imposed under this Act, the

Attorney General may bring a civil action for such relief as may be appropriate. Such

action may be brought in an appropriate United States district court.

General for appropriate action any evidence developed in the performance of functions

under this Act that may warrant consideration for criminal prosecution.

(d) civil PEnalty - Any individual who knowingly violates any order or regulation issued

under this Act shall be subject to a civil penalty of not more than $5,000 for each

violation.

Sec. 315. Availability of Materials (42 U.S.C. 5158)

e President is authorized, at the request of the Governor of an aected State, to provide

for a survey of construction materials needed in the area aected by a major disaster on

an emergency basis for housing repairs, replacement housing, public facilities repairs and

replacement, farming operations, and business enterprises and to take appropriate action to

assure the availability and fair distribution of needed materials, including, where possible,

the allocation of such materials for a period of not more than one hundred and eighty days

aer such major disaster. Any allocation program shall be implemented by the President to

the extent possible, by working with and through those companies which traditionally supply

construction materials in the aected area. For the purposes of this section “construction

materials” shall include building materials and materials required for repairing housing,

replacement housing, public facilities repairs and replacement, and for normal farm and

business operations.

Sec. 316. Protection of Environment (42 U.S.C. 5159)

An action which is taken or assistance which is provided pursuant to section 5170a, 5170b,

5172, 5173, or 5192 of this title [Section 402, 403, 406, 407, or 502], including such assistance

provided pursuant to the procedures provided for in section 5189 of this title [Section 422],

which has the eect of restoring a facility substantially to its condition prior to the disaster

or emergency, shall not be deemed a major Federal action signicantly aecting the quality

STAFFORD ACT > TITLE III > §§ 316-319

of the human environment within the meaning of the National Environmental Policy Act of

1969 (83 Stat. 852) [42 U.S.C. §4321 et seq.]. Nothing in this section shall alter or aect the

applicability of the National Environmental Policy Act of 1969 [42 U.S.C. §4321 et seq.] to

other Federal actions taken under this Act or under any other provisions of law.

Sec. 317. Recovery of Assistance (42 U.S.C. 5160)

(a) Party liablE - Any person who intentionally causes a condition for which Federal

assistance is provided under this Act or under any other Federal law as a result of a

declaration of a major disaster or emergency under this Act shall be liable to the United

States for the reasonable costs incurred by the United States in responding to such

disaster or emergency to the extent that such costs are attributable to the intentional act

or omission of such person which caused such condition. Such action for reasonable

costs shall be brought in an appropriate United States district court.

(b) rEnDEring oF carE - A person shall not be liable under this section for costs incurred by

the United States as a result of actions taken or omitted by such person in the course of

rendering care or assistance in response to a major disaster or emergency.

Sec. 318. Audits and Investigations (42 U.S.C. 5161)

(a) in gEnEral - Subject to the provisions of chapter 75 of title 31, relating to requirements

for single audits, the President shall conduct audits and investigations as necessary

to assure compliance with this Act, and in connection therewith may question such

persons as may be necessary to carry out such audits and investigations.

(b) accEss to rEcorDs - For purposes of audits and investigations under this section, the

President and Comptroller General may inspect any books, documents, papers, and

records of any person relating to any activity undertaken or funded under this Act.

governments in connection with assistance under this Act when necessary to assure

compliance with this Act or related regulations.

Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162)

(a) in gEnEral - e President may lend or advance to an eligible applicant or a State the

portion of assistance for which the State is responsible under the cost-sharing provisions

of this Act in any case in which -

(1) the State is unable to assume its nancial responsibility under such cost-sharing

provisions—

(A) with respect to concurrent, multiple major disasters in a jurisdiction, or

(B) aer incurring extraordinary costs as a result of a particular disaster; and

(2) the damages caused by such disasters or disaster are so overwhelming and severe

that it is not possible for the applicant or the State to assume immediately their

nancial responsibility under this Act.

(b) tErms oF loans anD aDvancEs -

(1) in gEnEral - Any loan or advance under this section shall be repaid to the United

STAFFORD ACT > TITLE III > §§ 319-322

States.

(2) intErEst - Loans and advances under this section shall bear interest at a rate

determined by the Secretary of the Treasury, taking into consideration the current

market yields on outstanding marketable obligations of the United States with

remaining periods to maturity comparable to the reimbursement period of the

loan or advance.

under which any loan or advance authorized by this section may be made.

Sec. 320. Limitation on Use of Sliding Scales (42 U.S.C. 5163)

No geographic area shall be precluded from receiving assistance under this Act solely by

virtue of an arithmetic formula or sliding scale based on income or population.

Sec. 321. Rules and Regulations (42 U.S.C. 5164)

e President may prescribe such rules and regulations as may be necessary and proper to

carry out the provisions of this Act, and may exercise, either directly or through such Federal

agency as the President may designate, any power or authority conferred to the President by

this Act.

Sec. 322. Mitigation Planning (42 U.S.C. 5165)

(a) rEqUirEmEnt oF mitigation Plan - As a condition of receipt of an increased Federal

share for hazard mitigation measures under subsection (e) of this section, a State,

local, or tribal government shall develop and submit for approval to the President a

mitigation plan that outlines processes for identifying the natural hazards, risks, and

vulnerabilities of the area under the jurisdiction of the government.

(b) local anD tribal Plans - Each mitigation plan developed by a local or tribal government

shall -

(1) describe actions to mitigate hazards, risks, and vulnerabilities identied under the

plan; and

(2) establish a strategy to implement those actions.

shall -

(1) identify the natural hazards, risks, and vulnerabilities of areas in the State;

(2) support development of local mitigation plans;

(3) provide for technical assistance to local and tribal governments for mitigation

planning; and

(4) identify and prioritize mitigation actions that the State will support, as resources

become available.

(d) FUnDing -

(1) in gEnEral - Federal contributions under section 5170c of this title [Section 404]

may be used to fund the development and updating of mitigation plans under this

STAFFORD ACT > TITLE III > § 322-324

section.

(2) maximUm FEDEral contribUtion - With respect to any mitigation plan, a State,

local, or tribal government may use an amount of Federal contributions under

section 5170c of this title [Section 404] not to exceed 7 percent of the amount

of such contributions available to the government as of a date determined by the

government.

(e) incrEasED FEDEral sharE For hazarD mitigation mEasUrEs -

(1) in gEnEral - If, at the time of the declaration of a major disaster or event under

section 420, a State has in eect an approved mitigation plan under this section,

the President may increase to 20 percent, with respect to the major disaster or

event under section 420, the maximum percentage specied in the last sentence

of section 5170c(a) of this title [Section 404(a)].

(2) Factors For consiDEration -In determining whether to increase the maximum

percentage under paragraph (1), the President shall consider whether the State

has established -

(A) eligibility criteria for property acquisition and other types of mitigation

measures;

(B) requirements for cost eectiveness that are related to the eligibility criteria;

(D) a process by which an assessment of the eectiveness of a mitigation action

may be carried out aer the mitigation action is complete.

Sec. 323. Minimum Standards for Public and Private Structures

(42 U.S.C. 5165a)

(a) in gEnEral - As a condition of receipt of a disaster loan or grant under this Act-

(1) the recipient shall carry out any repair or construction to be nanced with the loan

or grant in accordance with applicable standards of safety, decency, and sanitation

and in conformity with applicable codes, specications, and standards; and

(2) the President may require safe land use and construction practices, aer adequate

consultation with appropriate State and local government ocials.

(b) EviDEncE oF comPliancE - A recipient of a disaster loan or grant under this Act shall

provide such evidence of compliance with this section as the President may require by

regulation.

Sec. 324. Management Costs (42 U.S.C. 5165b)

(a) DEFinition oF managEmEnt cost - In this section, the term “management cost” includes

any indirect cost, any direct administrative cost, and any other administrative expense

associated with a specic project under a major disaster, emergency, or disaster

preparedness or mitigation activity or measure.

(b) EstablishmEnt oF managEmEnt cost ratEs -

(1) in gEnEral - Notwithstanding any other provision of law (including any

STAFFORD ACT > TITLE III > §§ 324-325

administrative rule or guidance), the President shall by regulation implement

management cost rates, for grantees and subgrantees, that shall be used to

determine contributions under this Act for management costs.

(2) sPEciFic managEmEnt costs - e Administrator of [FEMA] shall provide the

following percentage rates, in addition to the eligible project costs, to cover direct

and indirect costs of administering the following programs:

(A) hazarD mitigation - A grantee under section 404 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 403, 406, 407, and 502 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.

subsection (b) not later than 3 years aer the date of establishment of the rates and

periodically thereaer.

Sec. 325. Public Notice, Comment, and Consultation Requirements

(42 U.S.C. 5165c)

(a) PUblic noticE anD commEnt concErning nEw or moDiFiED PoliciEs -

(1) in gEnEral - e President shall provide for public notice and opportunity for

comment before adopting any new or modied policy that -

(A) governs implementation of the public assistance program administered by

[FEMA] under this Act; and

(B) could result in a signicant reduction of assistance under the program.

(2) aPPlication - Any policy adopted under paragraph (1) shall apply only to a major

disaster or emergency declared on or aer the date on which the policy is adopted.

(b) consUltation concErning intErim PoliciEs -

(1) in gEnEral - Before adopting any interim policy under the public assistance

program to address specic conditions that relate to a major disaster or

emergency that has been declared under this Act, the President, to the maximum

extent practicable, shall solicit the views and recommendations of grantees and

subgrantees with respect to the major disaster or emergency concerning the

potential interim policy, if the interim policy is likely -

(A) to result in a signicant reduction of assistance to applicants for the assistance

with respect to the major disaster or emergency; or

(B) to change the terms of a written agreement to which the Federal Government

is a party concerning the declaration of the major disaster or emergency.

(2) no lEgal right oF action - Nothing in this subsection confers a legal right of

action on any party.

STAFFORD ACT > TITLE III > §§ 325-327

implementation of the public assistance program.

Sec. 326. Designation of Small State and Rural Advocate (42 U.S.C. 5165d)

(a) in gEnEral - e President shall designate in [FEMA] a Small State and Rural Advocate.

(b) rEsPonsibilitiEs - e Small State and Rural Advocate shall be an advocate for the fair

treatment of small States and rural communities in the provision of assistance under

this Act.

(1) participate in the disaster declaration process under section 5170 of this title

[Section 401] and the emergency declaration process under section 5191 of

this title [Section 501], to ensure that the needs of rural communities are being

addressed;

(2) assist small population States in the preparation of requests for major disaster or

emergency declarations; and

(3) conduct such other activities as the Administrator of [FEMA] considers

appropriate.

Sec. 327. National Urban Search and Rescue Response System (42 U.S.C. 5165f)

(a) DEFinitions - In this section, the following denitions shall apply:

(1) aDministrator - e term ‘‘Administrator’’ means the Administrator of [FEMA].

(2) agEncy - e term ‘‘Agency’’ means [FEMA].

(3) hazarD - e term ‘‘hazard’’ has the meaning given the term in section 602.

(4) nonEmPloyEE systEm mEmbEr - e term ‘‘nonemployee System member’’ means a

System member not employed by a sponsoring agency or participating agency.

(5) ParticiPating agEncy - e term ‘‘participating agency’’ means a State or local

government, nonprot organization, or private organization that has executed an

agreement with a sponsoring agency to participate in the System.

(6) sPonsoring agEncy - e term ‘‘sponsoring agency’’ means a State or local

government that is the sponsor of a task force designated by the Administrator to

participate in the System.

(7) systEm - e term ‘‘System’’ means the National Urban Search and Rescue

Response System to be administered under this section.

(8) systEm mEmbEr - e term ‘‘System member’’ means an individual who is not a

full-time employee of the Federal Government and who serves on a task force or

on a System management or other technical team.

(9) task ForcE - e term ‘‘task force’’ means an urban search and rescue team

designated by the Administrator to participate in the System.

(b) gEnEral aUthority - Subject to the requirements of this section, the Administrator

shall continue to administer the emergency response system known as the National

STAFFORD ACT > TITLE III > § 327

Urban Search and Rescue Response System.

national network of standardized search and rescue resources to assist States and local

governments in responding to hazards.

(d) task ForcEs. -

(1) DEsignation - e Administrator shall designate task forces to participate in the

System. e Administration shall determine the criteria for such participation.

(2) sPonsoring agEnciEs - Each task force shall have a sponsoring agency. e

Administrator shall enter into an agreement with the sponsoring agency with

respect to the participation of each task force in the System.

(3) comPosition -

(A) ParticiPating agEnciEs - A task force may include, at the discretion of the

sponsoring agency, one or more participating agencies. e sponsoring

agency shall enter into an agreement with each participating agency with

respect to the participation of the participating agency on the task force.

(B) othEr inDiviDUals - A task force may also include, at the discretion of the

sponsoring agency, other individuals not otherwise associated with the

sponsoring agency or a participating agency. e sponsoring agency of a task

force may enter into a separate agreement with each such individual with

respect to the participation of the individual on the task force.

(e) managEmEnt anD tEchnical tEams - e Administrator shall maintain such

management teams and other technical teams as the Administrator determines are

necessary to administer the System.

(f) aPPointmEnt oF systEm mEmbErs into FEDEral sErvicE -

(1) in gEnEral - e Administrator may appoint a System member into Federal

service for a period of service to provide for the participation of the System

member in exercises, preincident staging, major disaster and emergency response

activities, and training events sponsored or sanctioned by the Administrator.

(2) nonaPPlicability oF cErtain civil sErvicE laws - e Administrator may make

appointments under paragraph (1) without regard to the provisions of title 5,

United States Code, governing appointments in the competitive service.

(3) rElationshiP to othEr aUthoritiEs - e authority of the Administrator to make

appointments under this subsection shall not aect any other authority of the

Administrator under this Act.

(4) limitation - A System member who is appointed into Federal service under

paragraph (1) shall not be considered an employee of the United States for

purposes other than those specically set forth in this section.

(g) comPEnsation -

(1) Pay oF systEm mEmbErs—Subject to such terms and conditions as the

Administrator may impose by regulation, the Administrator shall make payments

to the sponsoring agency of a task force -

(A) to reimburse each employer of a System member on the task force for

compensation paid by the employer to the System member for any period

during which the System member is appointed into Federal service under

subsection (f)(1); and

(B) to make payments directly to a nonemployee System member on the task

force for any period during which the nonemployee System member is

appointed into Federal service under subsection (f)(1).

(2) rEimbUrsEmEnt For EmPloyEEs Filling Positions oF systEm mEmbErs -

(A) in gEnEral - Subject to such terms and conditions as the Administrator

may impose by regulation, the Administrator shall make payments to the

sponsoring agency of a task force to be used to reimburse each employer of a

System member on the task force for compensation paid by the employer to

an employee lling a position normally lled by the System member for any

period during which the System member is appointed into Federal service

under subsection (f)(1).

(B) limitation - Costs incurred by an employer shall be eligible for

reimbursement under subparagraph (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 not been appointed into Federal service under subsection

(f)(1).

(3) mEthoD oF PaymEnt. - A System member shall not be entitled to pay directly

from the Agency for a period during which the System member is appointed into

Federal Service under subsection (f)(1).

(h) PErsonal injUry, illnEss, Disability, or DEath -

(1) in gEnEral - A System member who is appointed into Federal service under

subsection (f)(1) and who suers 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 of title 5, United States Code,

be treated as though the member were an employee (as dened by section 8101 of

that title) who had sustained the injury in the performance of duty.

(2) ElEction oF bEnEFits -

(A) in gEnEral - A System member (or, in the case of the death of the System

member, the System member’s dependent) who is entitled under paragraph

(1) to receive benets under subchapter I of chapter 81 of title 5, United

States Code, by reason of personal injury, illness, disability, or death, and

to receive benets from a State or local government by reason of the same

personal injury, illness, disability or death shall elect to -

(i) receive benets under such subchapter; or

(ii) receive benets from the State or local government.

(B) DEaDlinE - A System member or dependent shall make an election of

benets under subparagraph (A) not later than 1 year aer the date of the

STAFFORD ACT > TITLE III > § 327

personal injury, illness, disability, or death that is the reason for the benets,

or until such later date as the Secretary of Labor may allow for reasonable

cause shown.

irrevocable unless otherwise provided by law.

(3) rEimbUrsEmEnt For statE or local bEnEFits - Subject to such terms and conditions

as the Administrator may impose by regulation, if a System member or dependent

elects to receive benets from a State or local government under paragraph (2)(A),

the Administrator shall reimburse the State or local government for the value of

the benets.

(4) PUblic saFEty oFFicEr claims - Nothing in this subsection shall be construed to

bar any claim by, or with respect to, any System member who is a public safety

ocer, as dened in section 1204 of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 (42 U.S.C. 3796b), for any benets authorized under part L of

title I of that Act (42 U.S.C. 3796 et seq.).

(i) liability - A System member appointed into Federal service under subsection (f)(1),

while acting within the scope of the appointment, shall be considered to be an employee

of the Federal Government under section 1346(b) of title 28, United States Code, and

chapter 171 of that title, relating to tort claims procedure.

(j) EmPloymEnt anD rEEmPloymEnt rights - With respect to a System member who is

not a regular full-time employee of a sponsoring agency or participating agency, the

following terms and conditions apply:

(1) sErvicE - Service as a System member shall be considered to be ‘‘service in the

uniformed services’’ for purposes of chapter 43 of title 38, United States Code,

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 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, United States Code, pertaining to

giving notice of absence from a position of employment. A determination of such

necessity shall be made by the Administrator and shall not be subject to judicial

review.

(k) licEnsEs anD PErmits - If a System member holds a valid license, certicate, or other

permit issued by any State or other governmental jurisdiction evidencing the member’s

qualications in any professional, mechanical, or other skill or type of assistance required

by the System, the System member 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).

(l) PrEParEDnEss cooPErativE agrEEmEnts - Subject to the availability of appropriations for

such purpose, the Administrator shall enter into an annual preparedness cooperative

agreement with each sponsoring agency. Amounts made available to a sponsoring

agency under such a preparedness cooperative agreement shall be for the following

purposes:

(1) training and exercises, including training and exercises with other Federal, State,

and local government 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, emergency, or other hazard, as determined by the

Administrator.

(m) rEsPonsE cooPErativE agrEEmEnts - e Administrator shall enter into a response

cooperative agreement with each sponsoring agency, as appropriate, under which the

Administrator agrees to reimburse the sponsoring agency for costs incurred by the

sponsoring agency in responding to a major disaster or emergency.

(n) obligations - e Administrator may incur all necessary obligations consistent with

this section in order to ensure the eectiveness of the System.

(o) EqUiPmEnt maintEnancE anD rEPlacEmEnt - Not later than 180 days aer the date

of enactment of this section, the Administrator shall submit to the appropriate

congressional committees (as dened in section 2 of the Homeland Security Act of

2002 (6 U.S.C. 101)) a report on the development of a plan, including implementation

steps and timeframes, to nance, maintain, and replace System equipment.

(p) FEDEral EmPloyEEs - Nothing in this section shall be construed to mean that a task force

may not include Federal employees. In the case of a Federal employee detailed to a task

force, the sponsoring agency shall enter into an agreement with the relevant employing

Federal agency.

STAFFORD ACT > TITLE III > § 327

Title IV - Major Disaster Assistance Programs

Sec. 401. Procedure for Declaration (42 U.S.C. 5170)

(a) in gEnEral - All requests for a declaration by the President that a major disaster exists shall

be made by the Governor of the aected State. Such a request shall be based on a nding

that the disaster is of such severity and magnitude that eective response is beyond the

capabilities of the State and the aected local governments and that Federal assistance is

necessary. As part of such request, and as a prerequisite to major disaster assistance under

this Act, the Governor shall take appropriate response action under State law and direct

execution of the State’s emergency plan. e Governor shall furnish information on the

nature and amount of State and local resources which have been or will be committed to

alleviating the results of the disaster, and shall certify that, for the current disaster, State

and local government obligations and expenditures (of which State commitments must

be a signicant proportion) will comply with all applicable cost-sharing requirements of

this Act. Based on the request of a Governor under this section, the President may declare

under this Act that a major disaster or emergency exists.

(b) inDian tribal govErnmEnt rEqUEsts -

(1) in gEnEral - e Chief Executive of an aected Indian tribal government may

submit a request for a declaration by the President that a major disaster exists

consistent with the requirements of subsection (a).

(2) rEFErEncEs - In implementing assistance authorized by the President under this

chapter in response to a request of the Chief Executive of an aected Indian tribal

government for a major disaster declaration, any reference in this subchapter or

subchapter III (except sections 5153 and 5165d of this title [Sections 310 and

326]) to a State or the Governor of a State is deemed to refer to an aected Indian

tribal government or the Chief Executive of an aected Indian tribal government,

as appropriate.

(3) savings Provision - Nothing in this subsection shall prohibit an Indian tribal

government from receiving assistance under this subchapter through a declaration

made by the President at the request of a State under subsection (a) if the President

does not make a declaration under this subsection for the same incident.

(1) in gEnEral - In providing assistance to an Indian tribal government 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 of adjustment is necessary and

appropriate.

(2) critEria For making DEtErminations – e President shall establish criteria for

making determinations under paragraph (1)(B).

STAFFORD ACT > TITLE IV > §§ 402-403

Sec. 402. General Federal Assistance (42 U.S.C. 5170a)

In any major disaster, the President may -

(1) direct any Federal agency, with or without reimbursement, to utilize its authorities

and the resources granted to it under Federal law (including personnel, equipment,

supplies, facilities, and managerial, technical, and advisory services) in support of

State and local assistance response and recovery eorts, including precautionary

evacuations;

(2) coordinate all disaster relief assistance (including voluntary assistance) provided

by Federal agencies, private organizations, and State and local governments,

including precautionary evacuations and recovery;

(3) provide technical and advisory assistance to aected State and local governments

for -

(A) the performance of essential community services;

(B) issuance of warnings of risks and hazards;

information;

(D) provision of health and safety measures;

(E) management, control, and reduction of immediate threats to public health

and safety; and

(F) recovery activities, including disaster impact assessments and planning;

(4) assist State and local governments in the distribution of medicine, food, and other

consumable supplies, and emergency assistance;

(5) provide assistance to State and local governments for building code and oodplain

management ordinance administration and enforcement, including inspections

for substantial damage compliance; and

(6) provide accelerated Federal assistance and Federal support where necessary to

save lives, prevent human suering, or mitigate severe damage, which may be

provided in the absence of a specic request and in which case the President—

(A) shall, to the fullest extent practicable, promptly notify and coordinate with

ocials in a State in which such assistance or support is provided; and

(B) shall not, in notifying and coordinating with a State under subparagraph

(A), delay or impede the rapid deployment, use, and distribution of critical

resources to victims of a major disaster.

Sec. 403. Essential Assistance (42 U.S.C. 5170b)

(a) in gEnEral - Federal agencies may on the direction of the President, provide assistance

essential to meeting immediate threats to life and property resulting from a major

disaster, as follows:

(1) FEDEral rEsoUrcEs, gEnErally - Utilizing, lending, or donating to State and

local governments Federal equipment, supplies, facilities, personnel, and other

STAFFORD ACT > TITLE IV > § 403

resources, other than the extension of credit, for use or distribution by such

governments in accordance with the purposes of this Act.

(2) mEDicinE, FooD, anD othEr consUmablEs - Distributing or rendering through State

and local governments, the American National Red Cross, the Salvation Army, the

Mennonite Disaster Service, and other relief and disaster assistance organizations

medicine durable medical equipment, food, and other consumable supplies, and

other services and assistance to disaster victims.

(3) work anD sErvicEs to savE livEs anD ProtEct ProPErty - Performing on public or

private lands or waters any work or services essential to saving lives and protecting

and preserving property or public health and safety, including -

(A) debris removal;

(B) search and rescue, emergency medical care, emergency mass care, emergency

shelter, and provision of food, water, medicine durable medical equipment,

and other essential needs, including movement of supplies or persons;

performance of emergency tasks and essential community services;

(D) provision of temporary facilities for schools and other essential community

services;

(E) demolition of unsafe structures which endanger the public;

(F) warning of further risks and hazards;

(G) dissemination of public information and assistance regarding health and

safety measures;

(H) provision of technical advice to State and local governments on disaster

management and control;

(I) reduction of immediate threats to life, property, and public health and safety;

and

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

(i) to individuals with household pets and service animals; and

(ii) to such pets and animals.

(4) contribUtions - Making contributions to State or local governments or owners

or operators of private nonprot facilities for the purpose of carrying out the

provisions of this subsection.

(b) FEDEral sharE - e Federal share of assistance under this section shall be not less than

75 percent of the eligible cost of such assistance.

(1) gEnEral rUlE - During the immediate aermath of an incident which may

ultimately qualify for assistance under this title or title V of this Act, the Governor

of the State in which such incident occurred may request the President to direct

the Secretary of Defense to utilize the resources of the Department of Defense for

STAFFORD ACT > TITLE IV > § 403

the purpose of performing on public and private lands any emergency work which

is made necessary by such incident and which is essential for the preservation

of life and property. If the President determines that such work is essential for

the preservation of life and property, the President shall grant such request to the

extent the President determines practicable. Such emergency work may only be

carried out for a period not to exceed 10 days.

(2) rUlEs aPPlicablE to DEbris rEmoval - Any removal of debris and wreckage carried

out under this subsection shall be subject to section 5173(b) of this title [Section

407(b)], relating to unconditional authorization and indemnication for debris

removal.

(3) ExPEnDitUrEs oUt oF DisastEr rEliEF FUnDs - e cost of any assistance provided

pursuant to this subsection shall be reimbursed out of funds made available to

carry out this Act.

(4) FEDEral sharE - e Federal share of assistance under this subsection shall be not

less than 75 percent.

(5) gUiDElinEs - Not later than 180 days aer November 23, 1988, the President shall

issue guidelines for carrying out this subsection. Such guidelines shall consider

any likely eect assistance under this subsection will have on the availability of

other forms of assistance under this Act.

(6) DEFinitions - For purposes of this section —

(A) DEPartmEnt oF DEFEnsE - e term “Department of Defense” has the

meaning the term “department” has under section 101 of title 10.

(B) EmErgEncy work - e term “emergency work” includes clearance and

removal of debris and wreckage and temporary restoration of essential

public facilities and services.

(d) salariEs anD bEnEFits -

(1) in gEnEral - If the President declares a major disaster or emergency for an area

within the jurisdiction of a State, tribal, or local government, the President may

reimburse the State, tribal, or local government for costs relating to -

(A) basic pay and benets for permanent employees of the State, tribal, or local

government conducting emergency protective measures under this section,

if—

(i) the work is not typically performed by the employees; and

(ii) the type of work may otherwise be carried out by contract or agreement

with private organizations, rms, or individuals[;] or

(B) overtime and hazardous duty compensation for permanent employees

of the State, tribal, or local government conducting emergency protective

measures under this section.

(2) ovErtimE - e guidelines for reimbursement for costs under paragraph (1) shall

STAFFORD ACT > TITLE IV > §§ 403-404

ensure that no State, tribal, or local government is denied reimbursement for

overtime payments that are required pursuant to the Fair Labor Standards Act of

1938 (29 U.S.C. 201 et seq.).

(3) no EFFEct on mUtUal aiD Pacts - Nothing in this subsection shall aect the

ability of the President to reimburse labor force expenses provided pursuant to an

authorized mutual aid pact.

Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)

(a) in gEnEral - e President may contribute up to 75 percent of the cost of hazard

mitigation measures which the President has determined are cost eective and which

substantially reduce the risk of, or increase resilience to, future damage, hardship, loss,

or suering in any area aected by a major disaster, or any area aected by a re for

which assistance was provided under section 420. Such measures shall be identied

following the evaluation of natural hazards under section 5165 of this title [Section

322] and shall be subject to approval by the President. Subject to section 5165 of this

title [Section 322], the total of contributions under this section for a major disaster

or event under section 420 shall not exceed 15 percent for amounts not more than

$2,000,000,000, 10 percent for amounts of more than $2,000,000,000 and not more

than $10,000,000,000, and 7.5 percent on amounts of more than $10,000,000,000 and

not more than $35,333,000,000 of the estimated aggregate amount of grants to be made

(less any associated administrative costs) under this Act with respect to the major

disaster or event under section 420.

(b) ProPErty acqUisition anD rElocation assistancE -

(1) gEnEral aUthority - In providing hazard mitigation assistance under this section

in connection with ooding, the Administrator of [FEMA] may provide property

acquisition and relocation assistance for projects that meet the requirements of

paragraph (2).

(2) tErms anD conDitions - An acquisition or relocation project shall be eligible to

receive assistance pursuant to paragraph (1) only if -

(A) the applicant for the assistance is otherwise eligible to receive assistance

under the hazard mitigation grant program established under subsection (a)

of this section; and

(B) on or aer December 3, 1993, the applicant for the assistance enters

into an agreement with the Administrator that provides assurances

that -

* Sec. 1210(b) of DRRA provides that “Notwithstanding section 312 of the [Stafford Act] (42 U.S.C.

5155) and its implementing regulations, assistance provided pursuant to section 404 of such Act

may be used to fund activities authorized for construction within the scope of a federally authorized

water resources development project of the Army Corps of Engineers if such activities are also

eligible activities under such section.” The provision also says that federal funding provided pursant

to this section may not exceed the total Federal share for the project. In addition, no further federal

funding shall be provided for construction of such a project constructed with funding pursuant to this

subsection.

STAFFORD ACT > TITLE IV > § 404

(i) any property acquired, accepted, or from which a structure will be

removed pursuant to the project will be dedicated and maintained in

perpetuity for a use that is compatible with open space, recreational, or

wetlands management practices;

(ii) no new structure will be erected on property acquired, accepted or from

which a structure was removed under the acquisition or relocation

program other than -

(I) a public facility that is open on all sides and functionally related to

a designated open space;

(II) a rest room; or

(III) a structure that the Administrator approves in writing before the

commencement of the construction of the structure; and

(iii) aer receipt of the assistance, with respect to any property acquired,

accepted or from which a structure was removed under the acquisition

or relocation program -

(I) no subsequent application for additional disaster assistance for

any purpose will be made by the recipient to any Federal entity;

and

(II) no assistance referred to in subclause (I) will be provided to the

applicant by any Federal source.

(3) statUtory constrUction - Nothing in this subsection is intended to alter or

otherwise aect an agreement for an acquisition or relocation project carried out

pursuant to this section that was in eect on the day before December 3, 1993.

(1) in gEnEral - A State desiring to administer the hazard mitigation grant program

established by this section with respect to hazard mitigation assistance in the State

may submit to the President an application for the delegation of the authority to

administer the program.

(2) critEria - e President, in consultation and coordination with States and

local governments, shall establish criteria for the approval of applications

submitted under paragraph (1). Until such time as the Administrator

promulgates regulations to implement this paragraph, the Administrator

may waive notice and comment rulemaking, if the Administrator

determines doing so is necessary to expeditiously implement this section, and may

carry out this section as a pilot program. e criteria shall include, at a minimum -

(A) the demonstrated ability of the State to manage the grant program under this

section;

(B) there being in eect an approved mitigation plan under section 5165 of this

title [Section 322]; and

(3) aPProval - e President shall approve an application submitted under paragraph

STAFFORD ACT > TITLE IV > § 404

(1) that meets the criteria established under paragraph (2).

(4) withDrawal oF aPProval - If, aer approving an application of a State submitted

under paragraph (1), the President determines that the State is not administering

the hazard mitigation grant program established by this section in a manner

satisfactory to the President, the President shall withdraw the approval.

(5) aUDits - e President shall provide for periodic audits of the hazard mitigation

grant programs administered by States under this subsection.

(d) strEamlinED ProcEDUrEs -

(1) in gEnEral - For the purpose of providing assistance under this section, the

President shall ensure that—

(A) adequate resources are devoted to ensure that applicable environmental

reviews under the National Environmental Policy Act of 1969 [42 U.S.C.

4321 et seq.] and historic preservation reviews under the National Historic

Preservation Act [16 U.S.C. 470 et seq.] are completed on an expeditious

basis; and

(B) the shortest existing applicable process under the National Environmental

Policy Act of 1969 [42 U.S.C. 4321 et seq.] and the National Historic

Preservation Act [16 U.S.C. 470 et seq.] is utilized.

(2) aUthority For othEr ExPEDitED ProcEDUrEs - e President may utilize expedited

procedures in addition to those required under paragraph (1) for the purpose of

providing assistance under this section, such as procedures under the Prototype

Programmatic Agreement of [FEMA], for the consideration of multiple structures

as a group and for an analysis of the cost-eectiveness and fulllment of cost-share

requirements for proposed hazard mitigation measures.

(e) aDvancE assistancE - e President may provide not more than 25 percent of the

amount of the estimated cost of hazard mitigation measures to a State grantee eligible

for a grant under this section before eligible costs are incurred.

(f) UsE oF assistancE - Recipients of hazard mitigation assistance provided under this

section and section 203 may use the assistance to conduct activities to help reduce the

risk of future damage, hardship, loss, or suering in any area aected by a wildre 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 ooding;

(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 ow freely;

(7) adding drainage dips and constructing emergency spillways to keep roads and

bridges from washing out during oods;

(8) planting grass to prevent the spread of noxious weeds;

STAFFORD ACT > TITLE IV > §§ 404-405

(9) installing warning signs;

(10) establishing defensible space measures;

(11) reducing hazardous fuels;

(12) mitigating windstorm damage, including replacing or installing electrical

transmission or distribution utility pole structures with poles that are resilient to

extreme wind and combined ice and wind loadings for the basic wind speeds and

ice conditions associated with the relevant location;

(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 of hazard mitigation assistance

provided under this section and section 203 may use the assistance to conduct activities

to help reduce the risk of future damage, hardship, loss, or suering in any area aected

by earthquake hazards, including—

(1) improvements to regional seismic networks in support of building a capability for

earthquake early warning;

(2) improvements to geodetic networks in support of building a capability for

earthquake early warning; and

(3) improvements to seismometers, Global Positioning System receivers, and

associated infrastructure in support of building a capability for earthquake early

warning.

Sec. 405. Federal Facilities (42 U.S.C. 5171)

(a) rEPair, rEconstrUction, rEstoration, or rEPlacEmEnt oF UnitED statEs FacilitiEs - e

President may authorize any Federal agency to repair, reconstruct, restore, or replace

any facility owned by the United States and under the jurisdiction of such agency

which is damaged or destroyed by any major disaster if he determines that such repair,

reconstruction, restoration, or replacement is of such importance and urgency that it

cannot reasonably be deferred pending the enactment of specic 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 insuciency of funds appropriated for such purpose,

where such lack or insuciency can be remedied by the transfer, in accordance with

law, of funds appropriated to that agency for another purpose.

shall evaluate the natural hazards to which these facilities are exposed and shall take

appropriate action to mitigate such hazards, including safe land-use and construction

practices, in accordance with standards prescribed by the President.

STAFFORD ACT > TITLE IV > § 406

Sec. 406. Repair, Restoration, and Replacement of Damaged Facilities

(42 U.S.C. 5172)

(a) contribUtions -

(1) in gEnEral - e President may make contributions -

(A) to a State or local government for the repair, restoration, reconstruction, or

replacement of a public facility damaged or destroyed by a major disaster

and for associated expenses incurred by the government; and

(B) subject to paragraph (3), to a person that owns or operates a private nonprot

facility damaged or destroyed by a major disaster for the repair, restoration,

reconstruction, or replacement of the facility and for associated expenses

incurred by the person.

(2) associatED ExPEnsEs - For the purposes of this section, associated expenses shall

include -

(A) the costs of mobilizing and employing the National Guard for performance

of eligible work;

(B) the costs of using prison labor to perform eligible work, including wages

actually paid, transportation to a worksite, and extraordinary costs of

guards, food, and lodging;

government, or person described in paragraph (1) that perform eligible

work, plus fringe benets on such wages to the extent that such benets were

being paid before the major disaster; and

(D) base and overtime wages for extra hires to facilitate the implementation and

enforcement of adopted building codes for a period of not more than 180

days aer the major disaster is declared.

(3) conDitions For assistancE to PrivatE nonProFit FacilitiEs -

(A) in gEnEral - e President may make contributions to a private nonprot

facility under paragraph (1)(B) only if -

(i) the facility provides critical services (as dened by the President) in the

event of a major disaster; or

(ii) the owner or operator of the facility -

(I) has applied for a disaster loan under [Sec. 7(b) of the Small

Business Act (15 U.S.C. § 636(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 is

eligible.

(B) DEFinition oF critical sErvicEs - In this paragraph, the term “critical

services” includes power, water (including water provided by an irrigation

organization or facility), sewer, wastewater treatment, communications

STAFFORD ACT > TITLE IV > § 406

(including broadcasting and telecommunications), education, and

emergency medical care.

of worship, educational facility, or any other private nonprot facility, shall

be eligible for contributions under paragraph (1)(B), without regard to the

religious character of the facility or the primary religious use of the facility.

No house of worship, educational facility, or any other private nonprot

facility may be excluded from receiving contributions under paragraph (1)

(B) because leadership or membership in the organization operating the

house of worship is limited to persons 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;

(D) the Committee on Appropriations of the House of Representatives.

(b) FEDEral sharE -

(1) minimUm FEDEral sharE - Except as provided in paragraph (2), the Federal share of

assistance under this section shall be not less than 75 percent of the eligible cost of

repair, restoration, reconstruction, or replacement carried out under this section.

(2) rEDUcED FEDEral sharE

- e 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 or private nonprot facility following an event associated with a

major disaster -

(A) that has been damaged, on more than one occasion within the preceding

10-year period, by the same type of event; and

(B) the owner of which has failed to implement appropriate mitigation measures

to address the hazard that caused the damage to the facility.

(3) incrEasED FEDEral sharE -

(A) incEntivE mEasUrEs - e President may provide incentives to a State or

Tribal government to invest in measures that increase readiness for, and

resilience from, a major disaster 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 322;

(ii) investments in disaster relief, insurance, and emergency management

programs;

(iii) encouraging the adoption and enforcement of the latest published

* This paragraph is not effective until FEMA issues implementing regulations.

STAFFORD ACT > TITLE IV > § 406

editions of relevant consensus-based codes, specications, and

standards that incorporate the latest hazard-resistant designs and

establish minimum acceptable criteria for the design, construction,

and maintenance of residential structures and facilities that may be

eligible for assistance under this Act for the purpose of protecting

the health, safety, and general welfare of the buildings’ users against

disasters;

(iv) facilitating participation in the community rating system; and

(v) funding mitigation projects or granting tax incentives for projects that

reduce risk.

(B) comPrEhEnsivE gUiDancE - Not later than 1 year aer the date of enactment

of this paragraph, the President, acting through the Administrator, shall

issue comprehensive guidance to State and Tribal governments 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.

subparagraph (B), the Administrator shall submit to the Committee on

Transportation and Infrastructure of the House of Representatives and the

Committee on Homeland Security and Governmental Aairs 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.

(1) For PUblic FacilitiEs -

(A) in gEnEral - In any case in which a State or local government determines

that the public welfare would not best be served by repairing, restoring,

reconstructing, or replacing any public facility owned or controlled by

the State or local government, the State or local government may elect to

receive, in lieu of a contribution under subsection (a)(1)(A) of this section, a

contribution in an amount equal to the Federal share of the Federal estimate

of the cost of repairing, restoring, reconstructing, or replacing the facility

and of management expenses.

(B) UsE oF FUnDs - Funds contributed to a State or local government under this

paragraph may be used -

(i) to repair, restore, or expand other selected public facilities;

(ii) to construct new facilities; or

(iii) to fund hazard mitigation measures that the State or local government

determines to be necessary to meet a need for governmental services

STAFFORD ACT > TITLE IV > § 406

and functions in the area aected by the major disaster.

paragraph may not be used for -

(i) any public facility located in a regulatory oodway (as dened in

section 59.1 of title 44, Code of Federal Regulations (or a successor

regulation)); or

(ii) any uninsured public facility located in a special ood hazard area

identied by the Administrator of [FEMA] under the National Flood

Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

(2) For PrivatE nonProFit FacilitiEs -

(A) in gEnEral - In any case in which a person that owns or operates a

private nonprot facility determines that the public welfare would not

best be served by repairing, restoring, reconstructing, or replacing

the facility, the person may elect to receive, in lieu of a contribution

under subsection (a)(1)(B), a contribution in an amount equal to the

Federal share of the Federal estimate of the cost of repairing, restoring,

reconstructing, or replacing the facility and of management expenses.

(B) UsE oF FUnDs - Funds contributed to a person under this paragraph may be

used -

(i) to repair, restore, or expand other selected private nonprot facilities

owned or operated by the person;

(ii) to construct new private nonprot facilities to be owned or operated by

the person; or

(iii) to fund hazard mitigation measures that the person determines to be

necessary to meet a need for the person’s services and functions in the

area aected by the major disaster.

be used for -

(i) any private nonprot facility located in a regulatory oodway (as

dened in section 59.1 of title 44, Code of Federal Regulations (or a

successor regulation)); or

(ii) any uninsured private nonprot facility located in a special ood

hazard area identied by the Administrator of [FEMA] under the

National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

(d) FlooD insUrancE -

(1) rEDUction oF FEDEral assistancE - If a public facility or private nonprot facility

located in a special ood hazard area identied for more than 1 year by the

Administrator pursuant to the National Flood Insurance Act of 1968 (42 U.S.C.

4001 et seq.) is damaged or destroyed, aer the 180th day following November 23,

1988, by ooding in a major disaster and such facility is not covered on the date of

STAFFORD ACT > TITLE IV > § 406

such ooding by ood insurance, the Federal assistance which would otherwise

be available under this section with respect to repair, restoration, reconstruction,

and replacement of such facility and associated expenses shall be reduced in

accordance with paragraph (2). is section shall not apply to more than one

building of a multi-structure educational, law enforcement, correctional, re, or

medical campus, for any major disaster or emergency declared by the President

under section 401 or 501, respectively, of the [Staord Act] (42 U.S.C. 5170, 5191)

on or aer January 1, 2016 through December 31, 2018.

(2) amoUnt oF rEDUction - e amount of a reduction in Federal assistance under

this section with respect to a facility shall be the lesser of -

(A) the value of such facility on the date of the ood damage or

destruction, or

(B) the maximum amount of insurance proceeds which would have been

payable with respect to such facility if such facility had been covered by ood

insurance under the National Flood Insurance Act of 1968 on such date.

(3) ExcEPtion - Paragraphs (1) and (2) shall not apply to a private nonprot facility

which is not covered by ood insurance solely because of the local government’s

failure to participate in the ood insurance program established by the National

Flood Insurance Act.

(4) DissEmination oF inFormation - e President shall disseminate information

regarding the reduction in Federal assistance provided for by this subsection to

State and local governments and the owners and operators of private nonprot

facilities who may be aected by such a reduction.

(e) EligiblE cost –

(1) DEtErmination –

(A) in gEnEral – For the purposes of this section, for disasters declared on or

aer August 1, 2017, or a disaster in which a cost estimate has not yet been

nalized for a project, or for any project for which the nalized estimate is on

appeal, the President shall estimate the eligible cost of repairing, restoring,

reconstructing, or replacing a public facility or private nonprot facility—

(i) on the basis of the design of the facility as the facility existed

immediately before the major disaster;

(ii) in conformity with the latest published editions of relevant consensus-

based codes, specications, and standards that incorporate the latest

hazard-resistant designs and establish minimum acceptable criteria

for the design, construction, and maintenance of residential structures

and facilities that may be eligible for assistance under this Act for the

purposes of protecting the health, safety, and general welfare of the

facility’s users against disasters (including oodplain management

and hazard mitigation criteria required by the President or under the

Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)); and

(iii) in a manner that allows the facility to meet the denition of resilient

developed pursuant to this subsection.

(B) cost Estimation ProcEDUrEs

–

(i) i

n gEnEral – Subject to paragraph (2), the President shall use the cost

estimation procedures established under paragraph (3) to determine

the eligible cost under this subsection.

(ii) aPPlicability – e procedures specied in this paragraph and

paragraph (2) shall apply only to projects the eligible cost of which is

equal to or greater than the amount specied in section 5189 of this

title [Section 422].

ontribUtions – Contributions for the eligible cost made under this section

may be provided on an actual cost basis or on cost-estimation procedures.

Note: Subsection (e)(2) is not eective until the regulations required under subsection (e)(3)

are published.

(2) m

oDiFication oF EligiblE cost -

(A) actUal cost grEatEr than cEiling PErcEntagE oF EstimatED cost - In any

case in which the actual cost of repairing, restoring, reconstructing, or

replacing a facility under this section is greater than the ceiling percentage

established under paragraph (3) of the cost estimated under paragraph (1),

the President may determine that the eligible cost includes a portion of the

actual cost of the repair, restoration, reconstruction, or replacement that

exceeds the cost estimated under paragraph (1).

(B) a

ctUal cost lEss than EstimatED cost -

(i) g

rEatEr than or EqUal to Floor PErcEntagE oF EstimatED cost - In any

case in which the actual cost of repairing, restoring, reconstructing, or

replacing a facility under this section is less than 100 percent of the cost

estimated under paragraph (1), but is greater than or equal to the oor

percentage established under paragraph (3) of the cost estimated under

paragraph (1), the State or local government or person receiving funds

under this section shall use the excess funds to carry out cost-eective

activities that reduce the risk of future damage, hardship, or suering

from a major disaster.

(ii) l

Ess than Floor PErcEntagE oF EstimatED cost - In any case in which

the actual cost of repairing, restoring, reconstructing, or replacing a

facility under this section is less than the oor percentage established

under paragraph (3) of the cost estimated under paragraph (1), the

State or local government or person receiving assistance under this

section shall reimburse the President in the amount of the dierence.

STAFFORD ACT > TITLE IV > § 406

* Subsection (e)(1)(A)(iii) is not effective until FEMA issues regulations required by subsection (e)(5)(A).

** Cost estimation procedures are not effective until FEMA issues regulations required by subsection

(e)(3).

appeal under section 5189a of this title [Section 423].

(3) ExPErt PanEl -

(A) EstablishmEnt - Not later than 18 months aer October 30, 2000, the

President, acting through the Administrator of [FEMA], shall establish an

expert panel, which shall include representatives from the construction

industry and State and local government.

(B) DUtiEs - e expert panel shall develop recommendations concerning -

(i) procedures for estimating the cost of repairing, restoring,

reconstructing, or replacing a facility consistent with industry

practices; and

(ii) the ceiling and oor percentages referred to in paragraph (2).

under subparagraph (B), the President shall promulgate regulations that

establish -

(i) cost estimation procedures described in subparagraph (B)(i); and

(ii) the ceiling and oor percentages referred to in paragraph (2).

(D) rEviEw by PrEsiDEnt - Not later than 2 years aer the date of promulgation

of regulations under subparagraph (C) and periodically thereaer, the

President shall review the cost estimation procedures and the ceiling and

oor percentages established under this paragraph.

(E) rEPort to congrEss - Not later than 1 year aer the date of promulgation of

regulations under subparagraph (C), 3 years aer that date, and at the end

of each 2-year period thereaer, the expert panel shall submit to Congress a

report on the appropriateness of the cost estimation procedures.

(4) sPEcial rUlE - In any case in which the facility being repaired, restored,

reconstructed, or replaced under this section was under construction on the date

of the major disaster, the cost of repairing, restoring, reconstructing, or replacing

the facility shall include, for the purposes of this section, only those costs that,

under the contract for the construction, are the owner’s responsibility and not the

contractor’s responsibility.

(5) nEw rUlEs—

(A) in gEnEral - Not later than [April 5, 2020], the President, acting through the

Administrator of [FEMA], and in consultation with the heads of relevant

Federal departments and agencies, shall issue a nal rulemaking that denes

the terms “resilient” and “resiliency” for purposes of this subsection.

(B) intErim gUiDancE - Not later than [Dec. 4, 2018], the Administrator shall

issue interim guidance to implement this subsection. Such interim guidance

shall expire 18 months aer the date of enactment of this paragraph or

upon issuance of nal regulations pursuant to subparagraph (A), whichever

occurs rst.

STAFFORD ACT > TITLE IV > § 406

STAFFORD ACT > TITLE IV > §§ 406-408

issues the nal rulemaking under this paragraph, the Administrator shall

issue any necessary guidance related to the rulemaking.

(D) rEPort - Not later than [Oct. 5, 2020], the Administrator shall submit to

Congress a report summarizing the regulations and guidance issued

pursuant to this paragraph.

Sec. 407. Debris Removal (42 U.S.C. 5173)

(a) PrEsiDEntial aUthority - e President, whenever he determines it to be in the public

interest, is authorized -

(1) through the use of Federal departments, agencies, and instrumentalities, to clear

debris and wreckage resulting from a major disaster from publicly and privately

owned lands and waters; and

(2) to make grants to any State or local government or owner or operator of a private

non-prot facility for the purpose of removing debris or wreckage resulting from

a major disaster from publicly or privately owned lands and waters.

(b) aUthorization by statE or local govErnmEnt; inDEmniFication agrEEmEnt - No

authority under this section shall be exercised unless the aected State or local

government shall rst arrange an unconditional authorization for removal of such

debris or wreckage from public and private property, and, in the case of removal of

debris or wreckage from private property, shall rst agree to indemnify the Federal

Government against any claim arising from such removal.

recognition of dierences existing among urban, suburban, and rural lands in

implementation of this section so as to facilitate adequate removal of debris and

wreckage from large lots.

(d) FEDEral sharE - e Federal share of assistance under this section shall be not less than

75 percent of the eligible cost of debris and wreckage removal carried out under this

section.

(e) ExPEDitED PaymEnts -

(1) grant assistancE – In making a grant under subsection (a)(2), the President

shall provide not less than 50 percent of the President’s initial estimate of

the Federal share of assistance as an initial payment in accordance with

paragraph (2).

(2) DatE oF PaymEnt – Not later than 60 days aer the date of the estimate described

in paragraph (1) and not later than 90 days aer the date on which the State or

local government or owner or operator of a private nonprot facility applies for

assistance under this section, an initial payment described in paragraph (1) shall

be paid.

Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174)

(a) in gEnEral -

(1) Provision oF assistancE - In accordance with this section, the President, in

STAFFORD ACT > TITLE IV > § 408

consultation with the Governor of a State, may provide nancial assistance, and,

if necessary, direct services, to individuals and households in the State who, as

a direct result of a major disaster, have necessary expenses and serious needs in

cases in which the individuals and households are unable to meet such expenses

or needs through other means.

(2) rElationshiP to othEr assistancE - Under paragraph (1), an individual or

household shall not be denied assistance under paragraph (1), (3), or (4) of

subsection (c) of this section solely on the basis that the individual or household

has not applied for or received any loan or other nancial assistance from the

Small Business Administration or any other Federal agency.

(b) hoUsing assistancE -

(1) Eligibility - e President may provide nancial or other assistance under

this section to individuals and households to respond to the disaster-related

housing needs of individuals and households who are displaced from their

predisaster primary residences or whose predisaster primary residences are

rendered uninhabitable, or with respect to individuals with disabilities, rendered

inaccessible or uninhabitable, as a result of damage caused by a major disaster.

(2) DEtErmination oF aPProPriatE tyPEs oF assistancE -

(A) in gEnEral - e President shall determine appropriate types of housing

assistance to be provided under this section to individuals and households

described in subsection (a)(1) based on considerations of cost eectiveness,

convenience to the individuals and households, and such other factors as the

President may consider appropriate.

(B) mUltiPlE tyPEs oF assistancE - One or more types of housing assistance may

be made available under this section, based on the suitability and availability

of the types of assistance, to meet the needs of individuals and households in

the particular disaster situation.

* Sec. 1216 of DRRA provides debt waiver authority as follows: “(a) WAIVER AUTHORITY.—(1)

DEFINITION.—In this subsection, the term ‘‘covered assistance’’ means assistance provided—(A)

under section 408 of the [Stafford Act] (42 U.S.C. 5174); and (B) in relation to a major disaster or

emergency declared by the President under section 401 or 501, respectively, of the [Stafford Act] (42

U.S.C. 5170, 5191) on or after October 28, 2012. (2) AUTHORITY. - Notwithstanding section 3716(e)

of title 31, United States Code, the Administrator—(A) subject to subparagraph (B), may waive a debt

owed to the United States related to covered assistance provided to an individual or household if—(i)

the covered assistance was distributed based on an error by the Agency; (ii) there was no fault on

behalf of the debtor; and (iii) the collection of the debt would be against equity and good conscience;

and (B) may not waive a debt under subparagraph (A) if the debt involves fraud, the presentation of

a false claim, or misrepresentation by the debtor or any party having an interest in the claim.” This

waiver authority will not apply to any major disaster or emergency declared after the OIG publishes a

determination of excessive error rate.

Sec. 1216(b)(1) of DRRA provides “Notwithstanding [31 U.S.C. 3716(e)] and unless there is evidence

of civil or criminal fraud, the Agency may not take any action to recoup covered assistance from the

recipient 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 rst provides to the recipient written notication of an

intent to recoup.”

STAFFORD ACT > TITLE IV > § 408

(1) tEmPorary hoUsing -

(A) Financial assistancE -

(i) in gEnEral - e President may provide nancial assistance to

individuals or households to rent alternate housing accommodations,

existing rental units, manufactured housing, recreational vehicles, or

other readily fabricated dwellings. Such assistance may include the

payment of the cost of utilities, excluding telephone service.

(ii) amoUnt - e amount of assistance under clause (i) shall be based

on the fair market rent for the accommodation provided plus the

cost of any transportation, utility hookups, security deposits, or unit

installation not provided directly by the President.

(B) DirEct assistancE -

(i) in gEnEral - e President may provide temporary housing units,

acquired by purchase or lease, directly to individuals or households

who, because of a lack of available housing resources, would

be unable to make use of the assistance provided under subparagraph

(A).

(ii) lEasE anD rEPair oF rEntal Units For tEmPorary

hoUsing -

(I) in gEnEral - e President, to the extent the President determines

it would be a cost-eective alternative to other temporary housing

options, may -

(aa) enter into lease agreements with owners of multifamily

rental property impacted by a major disaster or located

in areas covered by a major disaster declaration to house

individuals and households eligible for assistance under this

section; and

(bb) make repairs or improvements to properties under such

lease agreements, to the extent necessary to serve as safe and

adequate temporary housing.

(II) imProvEmEnts or rEPairs - Under the terms of any lease agreement

for property entered into under this subsection, the value of the

improvements or repairs shall be deducted from the value of the

lease agreement.

(iii) PErioD oF assistancE - e President may not provide direct assistance

under clause (i) with respect to a major disaster aer the end of the

18-month period beginning on the date of the declaration of the

major disaster by the President, except that the President may extend

that period if the President determines that due to extraordinary

circumstances an extension would be in the public interest.

(iv) collEction oF rEntal chargEs - Aer the end of the 18-month period

referred to in clause (iii), the President may charge fair market rent for

each temporary housing unit provided.

STAFFORD ACT > TITLE IV > § 408

(2) rEPairs -

(A) in gEnEral - e President may provide nancial assistance for -

(i) the repair of owner-occupied private residences, utilities, and

residential infrastructure (such as a private access route) damaged by

a major disaster to a safe and sanitary living or functioning condition;

and

(ii) eligible hazard mitigation measures that reduce the likelihood of future

damage to such residences, utilities, or infrastructure.

(B) rElationshiP to othEr assistancE - A recipient of assistance provided under

this paragraph shall not be required to show that the assistance can be met

through other means, except insurance proceeds.

(3) rEPlacEmEnt -

(A) in gEnEral - e President may provide nancial assistance for the

replacement of owner-occupied private residences damaged by a major

disaster.

(B) aPPlicability oF FlooD insUrancE rEqUirEmEnt - With respect to assistance

provided under this paragraph, the President may not waive any provision

of Federal law requiring the purchase of ood insurance as a condition of the

receipt of Federal disaster assistance.

(4) PErmanEnt hoUsing constrUction - e President may provide nancial assistance

or direct assistance to individuals or households to construct permanent or semi-

permanent housing in insular areas outside the continental United States and in

other locations in cases in which -

(A) no alternative housing resources are available; and

(B) the types of temporary housing assistance described in paragraph (1) are

unavailable, infeasible, or not cost-eective.

(d) tErms anD conDitions rElating to hoUsing assistancE -

(1) sitEs -

(A) in gEnEral - Any readily fabricated dwelling provided under this section

shall, whenever practicable, be located on a site that -

(i) is complete with utilities;

(ii) meets the physical accessibility requirements for individuals with

disabilities; and

(iii) is provided by the State or local government, by the owner of the site, or

by the occupant who was displaced by the major disaster.

(B) sitEs ProviDED by thE PrEsiDEnt - A readily fabricated dwelling may be

located on a site provided by the President if the President determines that

such a site would be more economical or accessible.

(2) DisPosal oF Units -

(A) salE to occUPants -

STAFFORD ACT > TITLE IV > § 408

(i) in gEnEral - Notwithstanding any other provision of law, a temporary

housing unit purchased under this section by the President for the

purpose of housing disaster victims may be sold directly to the

individual or household who is occupying the unit if the individual or

household lacks permanent housing.

(ii) salE PricE - A sale of a temporary housing unit under clause (i) shall be

at a price that is fair and equitable.

(iii) DEPosit oF ProcEEDs - Notwithstanding any other provision of law, the

proceeds of a sale under clause (i) shall be deposited in the appropriate

Disaster Relief Fund account.

(iv) hazarD anD FlooD insUrancE - A sale of a temporary housing unit

under clause (i) shall be made on the condition that the individual or

household purchasing the housing unit agrees to obtain and maintain

hazard and ood insurance on the housing unit.

(v) UsE oF gsa sErvicEs - e President may use the services of

the General Services Administration to accomplish a sale under

clause (i).

(B) othEr mEthoDs oF DisPosal - If not disposed of under subparagraph (A), a

temporary housing unit purchased under this section by the President for

the purpose of housing disaster victims -

(i) may be sold to any person; or

(ii) may be sold, transferred, donated, or otherwise made available directly

to a State or other governmental entity or to a voluntary organization

for the sole purpose of providing temporary housing to disaster

victims in major disasters and emergencies if, as a condition of the

sale, transfer, or donation, the State, other governmental agency, or

voluntary organization agrees -

(I) to comply with the nondiscrimination provisions of section 5151

of this title [Section 308]; and

(II) to obtain and maintain hazard and ood insurance on the

housing unit.

(e) Financial assistancE to aDDrEss othEr nEEDs

(1) mEDical, DEntal, chilD carE, anD FUnEral ExPEnsEs - e President, in

consultation with the Governor of a State, may provide nancial assistance under

this section to an individual or household in the State who is adversely aected by

a major disaster to meet disaster-related medical, dental, child care, and funeral

expenses.

(2) PErsonal ProPErty, transPortation, anD othEr ExPEnsEs - e President, in

consultation with the Governor of a State, may provide nancial assistance under

* Sec. 1238 of DRRA provides that, notwithstanding section 1 of the Passport Act of 1920 or any

other provision of law, the President, in consultation with the Governor of a State, may waive

document replacement fees as specied in that provision for an individual or household described

in sec. 408(e)(1). This assistance is not subject to assistance limits in sec. 408(h).

STAFFORD ACT > TITLE IV > § 408

this section to an individual or household described in paragraph (1) to address

personal property, transportation, and other necessary expenses or serious needs

resulting from the major disaster.

(f) statE rolE -

(1) statE- or inDian tribal govErnmEnt-aDministErED assistancE anD othEr nEEDs

assistancE -

(A) grant to statE

- Subject to subsection (g) of this section, a Governor may

request a grant from the President to provide assistance to individuals and

households in the State under subsections (c)(1)(B), (c)(4), and (e) if the

President and the State or Indian tribal government comply, as determined

by the Administrator, with paragraph (3) of this section.

(B) aDministrativE costs - A State that receives a grant under subparagraph

(A) may expend not more than 5 percent of the amount of the grant for the

administrative costs of providing assistance to individuals and households

in the State under subsections (c)(1)(B), (c)(4), and (e) of this section.

(2) accEss to rEcorDs - In providing assistance to individuals and households

under this section, the President shall provide for the substantial and ongoing

involvement of the States in which the individuals and households are located,

including by providing to the States access to the electronic records of individuals

and households receiving assistance under this section in order for the States to

make available any additional State and local assistance to the individuals and

households.

(3) rEqUirEmEnts -

(A) aPPlication - A State or Indian tribal government desiring to provide

assistance under subsection (c)(1)(B), (c)(4), or (e) shall submit to the

President an application for a grant to provide nancial assistance under the

program.

(B) critEria - e President, in consultation and coordination with State

and Indian tribal governments, shall establish criteria for the approval of

applications submitted under subparagraph (A). e criteria shall include,

at a minimum—

(i) a requirement that the State or Indian tribal government submit a

housing strategy under subparagraph (C);

(ii) the demonstrated ability of the State or Indian tribal government to

manage the program under this section;

(iii) there being in eect a plan approved by the President as to how the

State or Indian tribal government will comply with applicable Federal

* Sec. 1211(b) of DRRA provides that FEMA shall reimburse State and local units of government

“for requests received within a period of 3 years after the declaration of a major disaster” upon a

determination that a locally implemented housing solution, implemented by State or local units of

government: (1) costs 50 percent of comparable FEMA solution or whatever the locally implemented

solution costs, whichever is lower; (2) complies with local housing regulations and ordinances; and

(3) the housing solution was implemented within 90 days of the disaster.

laws and regulations and how the State or Indian tribal government

will provide assistance under its plan;

(iv) a requirement that the State or Indian tribal government comply with

rules and regulations established pursuant to subsection (j); and

(v) a requirement that the President, or the designee of the President,

comply with subsection (i).

(i) in gEnEral—A State or Indian tribal government submitting an

application under this paragraph shall have an approved housing

strategy, which shall be developed and submitted to the President for

approval.

(ii) rEqUirEmEnts—e housing strategy required under clause (i) shall—

(I) outline the approach of the State in working with Federal partners,

Indian tribal governments, local communities, nongovernmental

organizations, and individual disaster survivors to meet disaster-

related sheltering and housing needs; and

(II) include the establishment of an activation plan for a State

Disaster Housing Task Force, as outlined in the National Disaster

Housing Strategy, to bring together State, tribal, local, Federal,

nongovernmental, and private sector expertise to evaluate

housing 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 mismanagement for this program and for programs

under subsections (c)(1)(B), (c)(4), and (e). e President shall monitor

and conduct quality assurance activities on a State or Indian tribal govern-

ment’s implementation of programs under subsections (c)(1)(B), (c)(4), and

(e). If, aer approving an application of a State or Indian tribal government

submitted under this paragraph, the President determines that the State or

Indian tribal government is not administering the program established by

this section in a manner satisfactory to the President, the President shall

withdraw the approval.

(E) aUDits - e Inspector General of the Department of Homeland Security

shall provide for periodic audits of the programs administered by States and

Indian tribal governments under this subsection.

(F) aPPlicablE laws - All Federal laws applicable to the management,

administration, or contracting of the programs by [FEMA] 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 aer the date of

enactment of this paragraph, the Inspector General of the Department of

STAFFORD ACT > TITLE IV > § 408

Homeland Security shall submit a report to the Committee on Homeland

Security and Governmental Aairs of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives on the

State or Indian tribal government’s role to provide assistance under this

section. e report shall contain an assessment of the eectiveness of the

State or Indian tribal government’s role in providing assistance under this

section, including—

(i) whether the State or Indian tribal government’s role helped to improve

the general speed of disaster recovery;

(ii) whether the State or Indian tribal government providing assistance

under this section had the capacity to administer this section; and

(iii) recommendations for changes to improve the program if the State or

Indian tribal government’s role to administer the programs should be

continued.

(H) rEPort on incEntivEs—Not later than 12 months aer the date of enactment

of this paragraph, the Administrator of [FEMA] shall submit a report to the

Committee on Homeland Security and Governmental Aairs of the Senate

and the Committee on Transportation and Infrastructure of the House of

Representatives on a potential incentive structure for awards made under

this section to encourage participation by eligible States and Indian tribal

governments. In developing this report, the Administrator of [FEMA] shall

consult with State, local, and Indian tribal entities to gain their input on any

such incentive structure to encourage participation and shall include this

information in the report. is report should address, among other options,

potential adjustments to the cost-share requirement and management costs

to State and Indian tribal governments.

(I) Prohibition - e President may not condition the provision of Federal

assistance under this Act on a State or Indian tribal government requesting a

grant under this section.

(J) miscEllanEoUs -

(i) noticE anD commEnt - e Administrator of [FEMA] may waive

notice and comment rulemaking with respect to rules to carry out

this section, if the Administrator determines doing so is necessary to

expeditiously implement this section, and may carry out this section as

a pilot program until such regulations are promulgated.

(ii) Final rUlE - Not later than 2 years aer the date of enactment of this

paragraph, the Administrator of [FEMA] shall issue nal regulations to

implement this subsection as amended by [DRRA].

(iii) waivEr anD ExPiration - e authority under clause (i) and any pilot

program implemented pursuant to such clause shall expire 2 years

aer the date of enactment of this paragraph or upon issuance of nal

regulations pursuant to clause (ii), whichever occurs sooner.

(g) cost sharing -

STAFFORD ACT > TITLE IV > § 408

(1) FEDEral sharE - Except as provided in paragraph (2), the Federal share of the

costs eligible to be paid using assistance provided under this section shall be 100

percent.

(2) Financial assistancE to aDDrEss othEr nEEDs - In the case of nancial assistance

provided under subsection (e) of this section -

(A) the Federal share shall be 75 percent; and

(B) the non-Federal share shall be paid from funds made available by the State.

(h) maximUm amoUnt oF assistancE -

(1) in gEnEral - No individual or household shall receive nancial assistance greater

than $25,000 under this section with respect to a single major disaster, excluding

nancial assistance to rent alternate housing accommodations under subsection

(c)(1)(A)(i) and nancial assistance to address other needs under subsection (e).

(2) othEr nEEDs assistancE - e maximum nancial assistance any individual or

household may receive under subsection (e) shall be equivalent to the amount set

forth in paragraph (1) with respect to a single major disaster.

(3) aDjUstmEnt oF limit - e limit established under paragraphs (1) and (2) shall be

adjusted annually to reect 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 - e maximum amount of assistance established under

paragraph (1) shall exclude expenses to repair or replace damaged

accessibility-related improvements under paragraphs (2), (3), and (4) of

subsection (c) for individuals with disabilities.

(B) othEr nEEDs assistancE - e maximum amount of assistance established

under paragraph (2) shall exclude expenses to repair or replace accessibility-

related personal property under subsection (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 of assistance under this section to

provide reasonable assurance that payments are made only to an individual or

household that is eligible for such assistance;

(2) minimize the risk of making duplicative payments or payments for fraudulent

claims under this section;

(3) collect any duplicate payment on a claim under this section, or reduce the amount

of subsequent payments to oset the amount of any such duplicate payment;

(4) provide instructions to recipients of assistance under this section regarding the

proper use of any such assistance, regardless of how such assistance is distributed;

and

STAFFORD ACT > TITLE IV > § 408

(5) conduct an expedited and simplied review and appeal process for an individual

or household whose application for assistance under this section is denied.

(j) rUlEs anD rEgUlations - e President shall prescribe rules and regulations to carry out

this section, including criteria, standards, and procedures for determining eligibility for

assistance.

Sec. 410. Unemployment Assistance (42 U.S.C. 5177)

(a) bEnEFit assistancE - e President is authorized to provide to any individual unemployed

as a result of a major disaster such benet 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

dened in [the Internal Revenue Code of 1986, 26 U.S.C. § 85(b)]) or a waiting period

credit. Such assistance as the President shall provide shall be available to an individual as

long as the individual’s unemployment caused by the major disaster continues or until

the individual is reemployed in a suitable position, but no longer than 26 weeks aer the

major disaster is declared. Such assistance for a week of unemployment shall not exceed

the maximum weekly amount authorized under the unemployment compensation law

of the State in which the disaster occurred. e President is directed to provide such

assistance through agreements with States which, in his judgment, have an adequate

system for administering such assistance through existing State agencies.

(b) rEEmPloymEnt assistancE

(1) statE assistancE - A State shall provide, without reimbursement from any funds

provided under this Act, reemployment assistance services under any other law

administered by the State to individuals receiving benets under this section.

(2) FEDEral assistancE - e President may provide reemployment assistance services

under other laws to individuals who are unemployed as a result of a major disaster

and who reside in a State which does not provide such services.

Emergency Grants to Assist Low-Income Migrant and Seasonal Farmworkers

(42 U.S.C. 5177a)

(a) in gEnEral - e Secretary of Agriculture may make grants to public agencies or

private organizations with tax exempt status under section 501(c)(3) of title 26, that

have experience in providing emergency services to low-income migrant and seasonal

farmworkers where the Secretary determines that a local, State or national emergency

or disaster has caused low-income migrant or seasonal farmworkers to lose income, to

be unable to work, or to stay home or return home in anticipation of work shortages.

Emergency services to be provided with assistance received under this section may

include such types of assistance as the Secretary of Agriculture determines to be

necessary and appropriate.

(b) “low-incomE migrant or sEasonal FarmworkEr” DEFinED - For the purposes of this

section, the term “low-income migrant or seasonal farmworker” means an individual -

(1) who has, during any consecutive 12 month period within the preceding 24 month

STAFFORD ACT > TITLE IV > §§ 408-410, 42 U.S.C. § 5177a

* This section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990.

period, performed farm work for wages;

(2) who has received not less than one-half of such individual’s total income, or been

employed at least one-half of total work time in farm work; and

(3) whose annual family income within the 12 month period referred to in paragraph

(1) does not exceed the higher of the poverty level or 70 percent of the lower living

standard income level.

as may be necessary to carry out this section.

Sec. 412. Benets and Distribution (42 U.S.C. 5179)

(a) PErsons EligiblE; tErms anD conDitions - Whenever the President determines that, as

a result of a major disaster, low-income households are unable to purchase adequate

amounts of nutritious food, he is authorized, under such terms and conditions as he

may prescribe, to distribute through the Secretary of Agriculture or other appropriate

agencies benet allotments to such households pursuant to the provisions of the Food

and Nutrition Act of 2008 of 1964

(P.L. 91-671; 84 Stat. 2048) [7 U.S.C. 2011 et seq.]

and to make surplus commodities available pursuant to the provisions of this Act.

(b) DUration oF assistancE; Factors consiDErED - e President, through the Secretary

of Agriculture or other appropriate agencies, is authorized to continue to make such

benet allotments and surplus commodities available to such households for so

long as he determines necessary, taking into consideration such factors as he deems

appropriate, including the consequences of the major disaster on the earning power of

the households, to which assistance is made available under this section.

construed as amending or otherwise changing the provisions of the Food and Nutrition

Act of 2008 of 1964

[7 U.S.C. 2011 et seq.] except as they relate to the availability

of supplemental nutrition assistance program benets in an area aected by a major

disaster.

Sec. 413. Food Commodities (42 U.S.C. 5180)

(a) EmErgEncy mass FEEDing - e President is authorized and directed to assure that

adequate stocks of food will be ready and conveniently available for emergency mass

feeding or distribution in any area of the United States which suers a major disaster or

emergency.

(b) FUnDs For PUrchasE oF FooD commoDitiEs - e Secretary of Agriculture shall utilize

funds appropriated under section 612c of title 7, to purchase food commodities

necessary to provide adequate supplies for use in any area of the United States in the

event of a major disaster or emergency in such area.

Sec. 414. Relocation Assistance (42 U.S.C. 5181)

Notwithstanding any other provision of law, no person otherwise eligible for any kind of

replacement housing payment under the Uniform Relocation Assistance and Real Property

STAFFORD ACT > TITLE IV > 42 U.S.C. § 5177a, §§ 412-414

* Typographical error in original.

Acquisition Policies Act of 1970 (P.L. 91-646) [42 U.S.C. 4601 et seq.] shall be denied such

eligibility as a result of his being unable, because of a major disaster as determined by the

President, to meet the occupancy requirements set by such Act.

Sec. 415. Legal Services (42 U.S.C. 5182)

Whenever the President determines that low-income individuals are unable to secure legal

services adequate to meet their needs as a consequence of a major disaster, consistent with the

goals of the programs authorized by this Act, the President shall assure that such programs

are conducted with the advice and assistance of appropriate Federal agencies and State and

local bar associations.

Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183)

e President is authorized to provide professional counseling services, including nancial

assistance to State or local agencies or private mental health organizations to provide such

services or training of disaster workers, to victims of major disasters in order to relieve

mental health problems caused or aggravated by such major disaster or its aermath.

Sec. 417. Community Disaster Loans (42 U.S.C. 5184)

(a) in gEnEral - e President is authorized to make loans to any local government which

may suer a substantial loss of tax and other revenues as a result of a major disaster, and

has demonstrated a need for nancial assistance in order to perform its governmental

functions.

(b) amoUnt - e amount of any such loan shall be based on need, shall not

exceed -

(1) 25 percent of the annual operating budget of that local government for the scal

year in which the major disaster occurs, and shall not exceed $5,000,000; or

(2) if the loss of tax and other revenues of the local government as a result of the

major disaster is at least 75 percent of the annual operating budget of that local

government for the scal year in which the major disaster occurs, 50 percent of

the annual operating budget of that local government for the scal year in which

the major disaster occurs, and shall not exceed $5,000,000.

(1) cancEllation - Repayment of all or any part of such loan to the extent that revenues

of the local government during the three full scal year period following the major

disaster are insucient to meet the operating budget of the local government,

including additional disaster-related expenses of a municipal operation character

shall be cancelled.

(2) conDition on continUing Eligibility - A local government shall not be eligible

for further assistance under this section during any period in which the local

government is in arrears with respect to a required repayment of a loan under this

section.

STAFFORD ACT > TITLE IV > §§ 414-417

(d) EFFEct on othEr assistancE - Any loans made under this section shall not reduce or

otherwise aect any grants or other assistance under this Act.

Sec. 418. Emergency Communications (42 U.S.C. 5185)

e President is authorized during, or in anticipation of, an emergency or major disaster to

establish temporary communications systems and to make such communications available

to State and local government ocials and other persons as he deems appropriate.

Sec. 419. Emergency Public Transportation (42 U.S.C. 5186)

e President is authorized to provide temporary public transportation service in an area

aected by a major disaster to meet emergency needs and to provide transportation to

governmental oces, supply centers, stores, post oces, schools, major employment centers,

and such other places as may be necessary in order to enable the community to resume its

normal pattern of life as soon as possible.

Sec. 420. Fire Management Assistance (42 U.S.C. 5187)

(a) in gEnEral - e President is authorized to provide assistance, including grants,

equipment, supplies, and personnel, to any State or local government for the mitigation,

management, and control of any re on public or private forest land or grassland that

threatens such destruction as would constitute a major disaster.

(b) coorDination with statE anD tribal DEPartmEnts oF ForEstry - In providing assistance

under this section, the President shall coordinate with State and tribal departments of

forestry.

the authority provided under section 5170b of this title [Section 403].

(d) hazarD mitigation assistancE - Whether or not a major disaster is declared, the

President may provide hazard mitigation assistance in accordance with section 404 in

any area aected by a re for which assistance was provided under this section.

(e) rUlEs anD rEgUlations - e President shall prescribe such rules and regulations as are

necessary to carry out this section.

Sec. 421. Timber Sale Contracts (42 U.S.C. 5188)

(a) cost-sharing arrangEmEnt - Where an existing timber sale contract between the

Secretary of Agriculture or the Secretary of the Interior and a timber purchaser does

not provide relief from major physical change not due to negligence of the purchaser

prior to approval of construction of any section of specied road or of any other

specied development facility and, as a result of a major disaster, a major physical

change results in additional construction work in connection with such road or facility

by such purchaser with an estimated cost, as determined by the appropriate Secretary,

(1) of more than $ 1,000 for sales under one million board feet, (2) of more than $1

per thousand board feet for sales of one to three million board feet, or (3) of more than

$3,000 for sales over three million board feet, such increased construction cost shall be

borne by the United States.

(b) cancEllation oF aUthority - If the appropriate Secretary determines that damages

STAFFORD ACT > TITLE IV > §§ 418-421

STAFFORD ACT > TITLE IV > §§ 421-422

are so great that restoration, reconstruction, or construction is not practical under the

cost-sharing arrangement authorized by subsection (a) of this section, he may allow

cancellation of a contract entered into by his Department notwithstanding contrary

provisions therein.

days the minimum period of advance public notice required by section 476 of title

in connection with the sale of timber from national forests, whenever the Secretary

determines that (1) the sale of such timber will assist in the construction of any area of

a State damaged by a major disaster, (2) the sale of such timber will assist in sustaining

the economy of such area, or (3) the sale of such timber is necessary to salvage the value

of timber damaged in such major disaster or to protect undamaged timber.

(d) statE grants For rEmoval oF DamagED timbEr; rEimbUrsEmEnt oF ExPEnsEs limitED

to salvagE valUE oF rEmovED timbEr - e President, when he determines it to be

in the public interest, is authorized to make grants to any State or local government

for the purpose of removing from privately owned lands timber damaged as

a result of a major disaster, and such State or local government is authorized

upon application, to make payments out of such grants to any person for reimbursement

of expenses actually incurred by such person in the removal of damaged timber, not to

exceed the amount that such expenses exceed the salvage value of such timber.

Sec. 422. Simplied Procedure (42 U.S.C. 5189)

(a) in gEnEral - If the Federal estimate of the cost of -

(1) Repairing, restoring, reconstructing, or replacing under section 5172 of this

title [Section 406] any damaged or destroyed public facility or private nonprot

facility,

(2) emergency assistance under section 5170b or 5192 of this title [Section 403 or

502], or

(3) debris removed under section 5173 of this title [Section 407],

is less than $35,000 (or, if the Administrator has established a threshold under subsection

(b), the amount established under subsection (b)), the President (on application of the

State or local government or the owner or operator of the private nonprot facility)

may make the contribution to such State or local government or owner or operator

under section 5170b, 5172, 5173, or 5192 of this title [Section 403, 406, 407, or 502],

as the case may be, on the basis of such Federal estimate. Such $35,000 amount or, if

applicable, the amount established under subsection (b), shall be adjusted annually to

reect 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 aer January 29, 2013, the President, acting through

the Administrator of [FEMA] (in this section referred to as the “Administrator”),

shall –

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

STAFFORD ACT > TITLE IV > §§ 422-423

(A) complete an analysis to determine whether an increase in the threshold

for eligibility under subsection (a) is appropriate, which shall include

consideration of cost-eectiveness, speed of recovery, capacity of grantees,

past performance, and accountability measures; and

(B) submit to the Committee on Transportation and Infrastructure of the

House of Representatives and the Committee on Homeland Security and

Governmental Aairs of the Senate a report regarding the analysis conducted

under subparagraph (A).

(2) amoUnt - Aer the Administrator submits the report required under paragraph

(1), the President shall direct the Administrator to -

(A) immediately establish a threshold for eligibility under this section in an

appropriate count, without regard to chapter 5 of title 5; and

(B) adjust the threshold annually to reect changes in the Consumer Price Index

for all Urban Consumers published by the Department of Labor.

(3) rEviEw - Not later than 3 years aer the date on which the Administrator establishes

a threshold under paragraph (2), and every 3 years thereaer, the President, acting

through the Administrator, shall review the threshold for eligibility under this

section.

Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a)

(a) right oF aPPEal - Any decision regarding eligibility for, from, or amount of assistance

under this title may be appealed within 60 days aer the date on which the applicant for

such assistance is notied of the award or denial of award of such assistance.

(b) PErioD For DEcision - A decision regarding an appeal under subsection (a) of this

section shall be rendered within 90 days aer the date on which the Federal ocial

designated to administer such appeals receives notice of such appeal.

consideration of appeals under this section.

(d) right oF arbitration -

(1) in gEnEral - Notwithstanding this section, an applicant for assistance under this

title 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 that

occurred aer January 1, 2016. Such arbitration shall be conducted by the Civilian

Board of Contract Appeals and the decision of such Board shall be binding.

(2) rEviEw - e Civilian Board 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 under this title, 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.

STAFFORD ACT > TITLE IV > §§ 423-427

(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 aer the completion of the rst appeal

under subsection (a) at any time before the Administrator of [FEMA] has

issued a nal agency determination or 180 days aer the Administrator’s

receipt of the appeal if the Administrator has not provided the applicant with

a nal determination on the appeal. e applicant’s request shall contain

documentation from the administrative record for the rst appeal and may

contain additional documentation supporting the applicant’s position.

Sec. 424. Date of Eligibility; Expenses Incurred Before Date of Disaster

(42 U.S.C. 5189b)

Eligibility for Federal assistance under this title shall begin on the date of the occurrence of

the event which results in a declaration by the President that a major disaster exists; except

that reasonable expenses which are incurred in anticipation of and immediately preceding

such event may be eligible for Federal assistance under this Act.

Sec. 425. Transportation Assistance to Individuals and Households

(42 U.S.C. 5189c)

e President may provide transportation assistance to relocate individuals displaced from

their predisaster primary residences as a result of an incident declared under this Act or

otherwise transported from their predisaster primary residences under section 5170b(a)(3)

or 5192 of this title [Sections 403(a)(3) or 502], to and from alternative locations for short

or long-term accommodation or to return an individual or household to their predisaster

primary residence or alternative location, as determined necessary by the President.

Sec. 426. Case Management Services (42 U.S.C. 5189d)

e President may provide case management services, including nancial assistance, to State

or local government agencies or qualied private organizations to provide such services, to

victims of major disasters to identify and address unmet needs.

Sec. 427. Essential Service Providers (42 U.S.C. 5189e)

(a) DEFinition - In this section, the term “essential service provider” means an entity that -

(1) (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

STAFFORD ACT > TITLE IV > §§ 427-428

(B) is a tower owner or operator.

(2) is -

(A) a municipal entity;

(B) a nonprot entity; or

(3) is contributing to eorts to respond to an emergency or major disaster.

(b) aUthorization For accEssibility - Unless exceptional circumstances apply, in an

emergency or major disaster, the head of a Federal agency, to the greatest extent

practicable, shall not -

(1) deny or impede access to the disaster site to an essential service provider whose

access is necessary to restore and repair an essential service; or

(2) impede the restoration or repair of the services described in subsection (a)(1).

all applicable Federal laws, regulation, and policies.

Sec. 428. Public Assistance Program Alternative Procedures (42 U.S.C. 5189f)

(a) aPProval oF ProjEcts - e President, acting through the Administrator of [FEMA], may

approve projects under the alternative procedures adopted under this section for any

major disaster or emergency declared on or aer January 29, 2013. e Administrator

may also apply the alternate procedures adopted under this section to a major disaster

or emergency declared before [Jan. 29, 2013] for which construction has not begun as

[Jan. 29, 2013].

(b) aDoPtion - e Administrator, in coordination with States, tribal and local governments,

and owners or operators of private nonprot facilities, may adopt alternative procedures

to administer assistance provided under sections 5170b(a)(3)(A), 5172, 5173, and

5192(a)(5) of this title [Sections 403(a)(3)(A), 406, 407, and 502(a)(5)].

further the goals of -

(1) reducing the costs to the Federal Government of providing such assistance;

(2) increasing exibility in the administration of such assistance;

(3) expediting the provision of such assistance to a State, tribal or local government,

or owner or operator of a private nonprot facility; and

(4) providing nancial incentives and disincentives for a State, tribal or local

government, or owner or operator of a private nonprot facility for the timely and

cost-eective completion of projects 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, tribal or local government, or owner or

operator of a private nonprot facility consistent with procedures determined by

the Administrator.

STAFFORD ACT > TITLE IV > § 428

(2) no conDitions - e President may not condition the provision of Federal

assistance under this Act on the election by a State, local, or Indian tribal

government, or owner or operator of a private nonprot facility to participate in

the alternative procedures adopted under this section.

(e) minimUm ProcEDUrEs - e alternative procedures adopted under this section shall

include the following:

(1) For repair, restoration, and replacement of damaged facilities under section 5172

of this title [Section 406] -

(A) making grants on the basis of xed estimates, if the State, tribal or local

government, or owner or operator of the private nonprot facility agrees to

be responsible for any actual costs that exceed the estimate;

(B) providing an option for a State, tribal or local government, or owner

or operator of a private nonprot facility to elect to receive an in-lieu

contribution, without reduction, on the basis of estimates of -

(i) the cost of repair, restoration, reconstruction, or replacement

of a public facility owned or controlled by the State, tribal or

local government or owner or operator of a private nonprot facility;

and

(ii) management expenses;

the facilities of a State, tribal, or local government, or owner or operator

of a private nonprot facility as a single project based upon the estimates

adopted under the procedures;

(D) if the actual costs of a project completed under the procedures are less than

the estimated costs thereof, the Administrator may permit a grantee or

subgrantee to use all or part of the excess funds for -

(i) cost-eective activities that reduce the risk of future damage, hardship,

or suering from a major disaster; and

(ii) other activities to improve future Public Assistance operations

or planning;

(E) in determining eligible costs under section 5172 of this title [Section 406],

the Administrator shall make available, at an applicant’s request and where

the Administrator or the certied cost estimate prepared by the applicant’s

professionally licensed engineers has estimated an eligible Federal share for

a project of at least $5,000,000, an independent expert panel to validate the

estimated eligible cost consistent with applicable regulations and policies

implementing this section;

(F) in determining eligible costs under section 5172 of this title [Section

406], the Administrator shall, at the applicant’s request, consider properly

conducted and certied cost estimates prepared by professionally licensed

engineers (mutually agreed upon by the Administrator and the applicant),

to the extent that such estimates comply with applicable regulations, policy,

and guidance; and

(G) once certied by a professionally licensed engineer and accepted by the

Administrator, 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), 5173, and 5192(a)(5) of this

title [Sections 403(a)(3)(A), 407, and 502(a)(5)] -

(A) making grants on the basis of xed estimates to provide nancial incentives

and disincentives for the timely or cost-eective completion if the State,

tribal or local government, or owner or operator of the private nonprot

facility agrees to be responsible to pay for any actual costs that exceed the

estimate;

(B) using a sliding scale for determining the Federal share for removal of debris

and wreckage based on the time it takes to complete debris and wreckage

removal;

grant amount;

(D) reimbursing base and overtime wages for employees and extra hires of a

State, tribal or local government, or owner or operator of a private nonprot

facility performing or administering debris and wreckage removal;

(E) providing incentives to a State or tribal government to have a debris

management plan approved by the Administrator and have pre-qualied 1 or

more debris and wreckage removal contractors before the date of declaration

of the major disaster; and

(F) if the actual costs of projects under subparagraph (A) are less than the

estimated costs of the project, the Administrator may permit a grantee or

subgrantee to use all or part of the excess funds for -

(i) debris management planning;

(ii) acquisition of debris management equipment for current or future use;

and

(iii) other activities to improve future debris removal operations, as

determined by the Administrator.

(f) waivEr aUthority - Until such time as the Administrator promulgates regulations to

implement this section, the Administrator may -

(1) waive notice and comment rulemaking, if the Administrator determines the

waiver is necessary to expeditiously implement this section; and

(2) carry out the alternative procedures under this section as a pilot program.

(g) ovErtimE PaymEnts - e guidelines for reimbursement for costs under subsection

(e)(2)(D) shall ensure that no State or local government is denied reimbursement for

overtime payments that are required pursuant to the Fair Labor Standards Act of 1938

(29 U.S.C. 201 et seq.).

STAFFORD ACT > TITLE IV > § 428

(h) rEPort -

(1) in gEnEral - Not earlier than 3 years, and not later than 5 years, aer January

29, 2013, the Inspector General of the Department of Homeland Security shall

submit to the Committee on Homeland Security and Governmental Aairs of the

Senate and the Committee on Transportation and Infrastructure of the House of

Representatives a report on the alternative procedures for the repair, restoration,

and replacement of damaged facilties under section 5172 of this title [Section 406]

authorized under this section.

(2) contEnts - e report shall contain an assessment of the eectiveness of the

alternative procedures, including -

(A) whether the alternative procedures helped to improve the general speed of

disaster recovery;

(B) the accuracy of the estimates relied upon;

(D) whether the alternative procedures were cost eective;

(E) whether the independent expert panel described in subsection (e)(1)(E) was

eective; and

(F) recommendations for whether the alternative procedures should be

continued and any recommendations for changes to the alternative

procedures.

Sec. 429. Unied Federal Review (42 U.S.C. 5189g)

(a) in gEnEral - Not later than 18 months aer January 29, 2013, and in consultation

with the Council on Environmental Quality and the Advisory Council on Historic

Preservation, the President shall establish an expedited and unied interagency review

process to ensure compliance with environmental and historic requirements under

Federal law relating to disaster recovery projects, in order to expedite the recovery

process, consistent with applicable law.

(b) contEnts - e review process established under this section shall include

mechanisms to expeditiously address delays that may occur during the

recovery from a major disaster and be updated, as appropriate, consistent with a

applicable law.

Sec. 430. Agency Accountability.

(a) PUblic assistancE—Not later than 5 days aer an award of a public assistance grant is

made under section 406 that is in excess of $1,000,000, the Administrator of [FEMA]

shall publish on the website of [FEMA] the specics of each such grant award,

including—

(1) identifying the [FEMA] Region;

(2) the disaster or emergency declaration number;

(3) the State, county, and applicant name;

(4) if the applicant is a private nonprot organization;

STAFFORD ACT > TITLE IV > §§ 428-430

(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 aer the issuance of a mission assignment or

mission assignment task order, the Administrator of [FEMA] shall publish on the

website of [FEMA] any mission assignment or mission assignment task order

to another Federal department or agency regarding a major disaster in excess of

$1,000,000, including—

(A) the name of the impacted State or Indian Tribe;

(B) the disaster declaration for such State or Indian Tribe;

(D) the assistance requested;

(E) a description of the disaster;

(F) the total cost estimate;

(G) the amount obligated;

(H) the State or Indian tribal government 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 or Indian Tribe requested the mission

assignment.

(2) rEcorDing changEs - Not later than 10 days aer the last day of each month until

a mission assignment or mission assignment task order described in paragraph

(1) is completed and closed out, the Administrator of [FEMA] shall update any

changes to the total cost estimate and the amount obligated.

month, the Administrator of [FEMA] shall publish on the website of [FEMA] reports,

including a specic description of the methodology and the source data used in

developing such reports, including—

(1) an estimate of the amounts for the scal year covered by the President’s most recent

budget pursuant to section 1105(a) of title 31, United States Code, including—

(A) the unobligated balance of funds to be carried over from the prior scal 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;

(D) the amount of obligations for the budget year for catastrophic events

delineated by event and by State;

STAFFORD ACT > TITLE IV > § 430

(E) the total amount that has been previously obligated or will be required for

catastrophic events delineated by event and by State for all prior years, the

current scal year, the budget year, and each scal year thereaer;

(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, as described

in section 102(1), major disasters, as described in section 102(2), re

management assistance grants, as described in section 420, surge activities,

and disaster readiness and support activities; and

(H) the amount required for activities not covered under section 251(b)(2)(D)

(iii) of the Balanced Budget and Emergency Decit Control Act of 1985 (2

U.S.C. 901(b)(2)(D)(iii)); and

(2) an estimate or actual amounts, if available, of the following for the current scal

year, which shall be submitted not later than the h day of each month, published

by the Administrator of [FEMA] on the website of [FEMA] not later than the h

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, and obligations made.

(B) A table of disaster relief activity delineated by month, including—

(i) the beginning and ending balances;

(ii) the total obligations to include amounts obligated for re assistance,

emergencies, surge, and disaster support activities;

(iii) the obligations for catastrophic events delineated by event and by State;

and

(iv) the amount of previously obligated funds that are recovered.

events delineated by event.

(D) e 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 measures and

disaster resources) delineated by disaster.

(E) e date on which funds appropriated will be exhausted.

STAFFORD ACT > TITLE IV > § 430

(d) contracts

—

(1) inFormation - Not later than 10 days aer the rst day of each month, the

Administrator of [FEMA] shall publish on the website of [FEMA] the specics of

each contract in excess of $1,000,000 that [FEMA] enters into, including—

(A) the name of the party;

(B) the date the contract was awarded;

(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.

e information shall be delineated by disaster, if applicable, and specify the

damage category code, if applicable.

(2) rEPort - Not later than 10 days aer the last day of the scal year, the Administrator

of [FEMA] shall provide a report to the appropriate committees of Congress

summarizing the following information for the preceding scal year:

(A) e number of contracts awarded without competitive bidding.

(B) e reasons why a competitive bidding process was not used.

(D) e 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 aer the date of enactment of this

subsection, the Administrator of [FEMA] shall initiate and maintain an eort to

collect and store information, prior to the project closeout phase on any contract

entered into by a public assistance recipient or subrecipient that through the base

award, available options, or any subsequent modications has an estimated value

of more than $1,000,000 and is funded through section 324, 403, 404, 406, 407,

428, or 502, including—

(A) the disaster number, project worksheet number, and the category of work

associated with each contract;

(B) the name of each party;

(D) the amount of the contract;

(E) the scope of the contract;

STAFFORD ACT > TITLE IV > § 430

* Sec. 1225 of DRRA provides, “Notwithstanding any other provision of law, [FEMA] shall not reimburse

a State or local government, an Indian tribal government [...] or the owner or operator of a private non-

profit [...] for any activities made pursuant to a contract entered into after August 1, 2017, that prohibits

the Administrator or the Comptroller General of the United States from auditing or otherwise reviewing

all aspects relating to 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 - e Administrator of [FEMA] shall

make the information collected and stored under paragraph (1) available to the

Inspector General of the Department of Homeland Security, the Government

Accountability Oce, and appropriate committees of Congress, upon request.

(3) rEPort - Not later than 365 days aer the date of enactment of this subsection, the

Administrator of [FEMA] shall submit a report to the Committee on Homeland

Security and Governmental Aairs of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives on the eorts

of [FEMA] to collect the information described in paragraph (1).

STAFFORD ACT > TITLE IV > § 430

STAFFORD ACT > TITLE IV, TITLE V > §§ 501-502

Title V - Emergency Assistance Programs

Sec. 501. Procedure for Declaration (42 U.S.C. 5191)

(a) rEqUEst anD DEclaration - All requests for a declaration by the President that an

emergency exists shall be made by the Governor of the aected State. Such a request shall

be based on a nding that the situation is of such severity and magnitude that eective

response is beyond the capabilities of the State and the aected local governments and

that Federal assistance is necessary. As a part of such request, and as a prerequisite to

emergency assistance under this Act, the Governor shall take appropriate action under

State law and direct execution of the State’s emergency plan. e Governor shall furnish

information describing the State and local eorts and resources which have been or

will be used to alleviate the emergency, and will dene the type and extent of Federal

aid required. Based upon such Governor’s request, the President may declare that an

emergency exists.

(b) cErtain EmErgEnciEs involving FEDEral Primary rEsPonsibility - e President may

exercise any authority vested in him by section 5192 of this title or section 5193 of

this title [Sections 502 or 503] with respect to an emergency when he determines

that an emergency exists for which the primary responsibility for response rests with

the United States because the emergency involves a subject area for which, under

the Constitution or laws of the United States, the United States exercises exclusive

or preeminent responsibility and authority. In determining whether or not such an

emergency exists, the President shall consult the Governor of any aected State, if

practicable. e President’s determination may be made without regard to subsection

(a) of this section.

(1) in gEnEral - e Chief Executive of an aected Indian tribal government may

submit a request for a declaration by the President that an emergency exists

consistent with the requirements of subsection (a).

(2) rEFErEncEs - In implementing assistance authorized by the President under this

subchapter in response to a request of the Chief Executive of an aected Indian

tribal government for an emergency declaration, any reference in this subchapter

or subchapter III (except sections 5153 and 5165d of this title [Sections 310 and

326]) to a State or the Governor of a State is deemed to refer to an aected Indian

tribal government or the Chief Executive of an aected Indian tribal government,

as appropriate.

(3) savings Provision - Nothing in this subsection shall prohibit an Indian tribal

government from receving assistance under this subchapter through a declaration

made by the President at the request of a State under subsection (a) if the President

does not make a declaration under this subsection for the same incident.

Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192)

(a) sPEciFiED - In any emergency, the President may -

STAFFORD ACT > TITLE V > § 502

(1) direct any Federal agency, with or without reimbursement, to utilize its authorities

and the resources granted to it under Federal law (including personnel, equipment,

supplies, facilities, and managerial, technical and advisory services) in support of

State and local emergency assistance eorts to save lives, protect property and

public health and safety, and lessen or avert the threat of a catastrophe, including

precautionary evacuations;

(2) coordinate all disaster relief assistance (including voluntary assistance) provided

by Federal agencies, private organizations, and State and local governments;

(3) provide technical and advisory assistance to aected State and local governments

for -

(A) the performance of essential community services;

(B) issuance of warnings of risks or hazards;

information;

(D) provision of health and safety measures; and

(E) management, control, and reduction of immediate threats to public health

and safety;

(4) provide emergency assistance through Federal agencies;

(5) remove debris in accordance with the terms and conditions of section 5173 of this

title [Section 407];

(6) provide assistance in accordance with section 5174 of this title [Section 408];

(7) assist State and local governments in the distribution of medicine, food, and other

consumable supplies, and emergency assistance; and

(8) provide accelerated Federal assistance and Federal support where necessary to

save lives, prevent human suering, or mitigate severe damage, which may be

provided in the absence of a specic request and in which case the President -

(A) shall, to the fullest extent practicable, promptly notify and coordinate with a

State in which such assistance or support is provided; and

(B) shall not, in notifying and coordinating with a State under subparagraph

(A), delay or impede the rapid deployment, use, and distribution of critical

resources to victims of an emergency.

(b) gEnEral - Whenever the Federal assistance provided under subsection (a) of this section

with respect to an emergency is inadequate, the President may also provide assistance

with respect to eorts to save lives, protect property and public health and safety, and

lessen or avert the threat of a catastrophe, including precautionary evacuations.

in requesting the declaration of an emergency in advance of a natural or man-made

disaster (including for the purpose of seeking assistance with special needs and other

evacuation eorts) under this section by dening the types of assistance available

to aected States and the circumstances under which such requests are likely to be

approved.

STAFFORD ACT > TITLE V > § 503

Sec. 503. Amount of Assistance (42 U.S.C. 5193)

(a) FEDEral sharE - e Federal share for assistance provided under this title shall be equal

to not less than 75 percent of the eligible costs.

(b) limit on amoUnt oF assistancE –

(1) in gEnEral - Except as provided in paragraph (2), total assistance provided under

this title for a single emergency shall not exceed $5,000,000.

(2) aDDitional assistancE - e limitation described in paragraph (1) may be

exceeded when the President determines that -

(A) continued emergency assistance is immediately required;

(B) there is a continuing and immediate risk to lives, property, public health or

safety; and

(3) rEPort - Whenever the limitation described in paragraph (1) is exceeded, the

President shall report to the Congress on the nature and extent of emergency

assistance requirements and shall propose additional legislation if necessary.

STAFFORD ACT > TITLE VI > §§ 601-602

Title VI - Emergency Preparedness

Sec. 601. Declaration of policy (42 U.S.C. 5195)

e purpose of this title is to provide a system of emergency preparedness for the protection

of life and property in the United States from hazards and to vest responsibility for emergency

preparedness jointly in the Federal Government and the States and their political subdivisions.

e Congress recognizes that the organizational structure established jointly by the Federal

Government and the States and their political subdivisions for emergency preparedness

purposes can be eectively utilized to provide relief and assistance to people in areas of the

United States struck by a hazard. e Federal Government shall provide necessary direction,

coordination, and guidance, and shall provide necessary assistance, as authorized in this title

so that a comprehensive emergency preparedness system exists for all hazards.

Sec. 602. Denitions (42 U.S.C. 5195a)

(a) DEFinitions - For purposes of this title only:

(1) hazarD - e term “hazard” means an emergency or disaster resulting from–

(A) a natural disaster; or

(B) an accidental or man-caused event.

(2) natUral DisastEr - e term “natural disaster” means any hurricane, tornado,

storm, ood, high water, wind-driven water, tidal wave, tsunami, earthquake,

volcanic eruption, landslide, mudslide, snowstorm, drought, re, or other

catastrophe in any part of the United States which causes, or which may cause,

substantial damage or injury to civilian property or persons.

(3) EmErgEncy PrEParEDnEss - e term “emergency preparedness” means all those

activities and measures designed or undertaken to prepare for or minimize the

eects of a hazard upon the civilian population, to deal with the immediate

emergency conditions which would be created by the hazard, and to eectuate

emergency repairs to, or the emergency restoration of, vital utilities and facilities

destroyed or damaged by the hazard. Such term includes the following:

(A) Measures to be undertaken in preparation for anticipated hazards (including

the establishment of appropriate organizations, operational plans, and

supporting agreements, the recruitment and training of personnel, the

conduct of research, the procurement and stockpiling of necessary materials

and supplies, the provision of suitable warning systems, the construction

or preparation of shelters, shelter areas, and control centers, and, when

appropriate, the non-military evacuation of the civilian population).

(B) Measures to be undertaken during a hazard (including the enforcement of

passive defense regulations prescribed by duly established military or civil

authorities, the evacuation of personnel to shelter areas, the control of trac

and panic, and the control and use of lighting and civil communications).

re ghting, rescue, emergency medical, health and sanitation services,

monitoring for specic dangers of special weapons, unexploded bomb

reconnaissance, essential debris clearance, emergency welfare measures,

and immediately essential emergency repair or restoration of damaged vital

facilities).

(4) organizational EqUiPmEnt - e term “organizational equipment” means

equipment determined by the Administrator to be necessary to an emergency

preparedness organization, as distinguished from personal equipment, and of

such a type or nature as to require it to be nanced in whole or in part by the

Federal Government. Such term does not include those items which the local

community normally uses in combating local disasters, except when required in

unusual quantities dictated by the requirements of the emergency preparedness

plans.

(5) matErials - e term “materials” includes raw materials, supplies, medicines,

equipment, component parts and technical information and processes necessary

for emergency preparedness.

(6) FacilitiEs - e term “facilities”, except as otherwise provided in this title, includes

buildings, shelters, utilities, and land.

(7) aDministrator - e term “Administrator” means the Administrator of [FEMA].

(8) nEighboring coUntriEs - e term “neighboring countries” includes Canada and

Mexico.

(9) UnitED statEs anD statEs - e terms “United States “ and “States” includ[e] the

several States, the District of Columbia, and territories and possessions of the

United States.

(10) statE - e term “State” includes interstate emergency preparedness authorities

established under section 5196(h) of this title [Section 611(h)].

(b) cross rEFErEncE - e terms “national defense” and “defense”, as used in the Defense

Production Act of 1950 (50 U.S.C. App. 2061 et seq.), includes

emergency preparedness

activities conducted pursuant to this title.

Sec. 603. Administration of Title (42 U.S.C. 5195b)

is title shall be carried out by the Administrator of [FEMA].

Critical Infrastructures Protection (42 U.S.C. 5195c)

[Enacted as the Critical Infrastructures Protection Act of 2001 and also as part of the Uniting

and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct

Terrorism Act of 2001 or USA PATRIOT Act, not as part of the Staord Act]

STAFFORD ACT > TITLE VI > §§ 602-603

SUBTITLE A – POWERS AND DUTIES

Sec. 611. Detailed Functions of Administration (42 U.S.C. 5196)

(a) in gEnEral - In order to carry out the policy described in section 5195 of this title

[Section 601], the Administrator shall have the authorities provided in this section.

(b) FEDEral EmErgEncy rEsPonsE Plans anD Programs - e Administrator may prepare

Federal response plans and programs for the emergency preparedness of the United

States and sponsor and direct such plans and programs. To prepare such plans and

programs and coordinate such plans and programs with State eorts, the Administrator

may request such reports on State plans and operations for emergency preparedness as

may be necessary to keep the President, Congress, and the States advised of the status of

emergency preparedness in the United States.

President, the Administrator may delegate to other departments and agencies of the

Federal Government appropriate emergency preparedness responsibilities and review

and coordinate the emergency preparedness activities of the departments and agencies

with each other and with the activities of the States and neighboring countries.

(d) commUnications anD warnings - e Administrator may make appropriate provision

for necessary emergency preparedness communications and for dissemination of

warnings to the civilian population of a hazard.

(e) EmErgEncy PrEParEDnEss mEasUrEs - e Administrator may study and develop

emergency preparedness measures designed to aord adequate protection of life and

property, including -

(1) research and studies as to the best methods of treating the eects of hazards;

(2) developing shelter designs and materials for protective covering or construction;

(3) developing equipment or facilities and eecting the standardization thereof to

meet emergency preparedness requirements; and

(4) plans that take into account the needs of individuals with pets and service animals

prior to, during, and following a major disaster or emergency.

(f) training Programs -

(1) e Administrator may -

(A) conduct or arrange, by contract or otherwise, for training programs for the

instruction of emergency preparedness ocials and other persons in the

organization, operation, and techniques of emergency preparedness;

(B) conduct or operate schools or including the payment of travel expenses, in

accordance with subchapter I of chapter 57 of title 5 and the Standardized

Government Travel Regulations, and per diem allowances, in lieu of

subsistence for trainees in attendance or the furnishing of subsistence

and quarters for trainees and instructors on terms prescribed by the

Administrator; and

STAFFORD ACT > TITLE VI > § 611

(2) e terms prescribed by the Administrator for the payment of travel expenses and

per diem allowances authorized by this subsection shall include a provision that

such payment shall not exceed one-half of the total cost of such expenses.

(3) e Administrator may lease real property required for the purpose of carrying

out this subsection, but may not acquire fee title to property unless specically

authorized by law.

(g) PUblic DissEmination oF EmErgEncy PrEParEDnEss inFormation - e Administrator

may publicly disseminate appropriate emergency preparedness information by all

appropriate means.

(h) EmErgEncy PrEParEDnEss comPacts -

(1) e Administrator shall establish a program supporting the development

of emergency preparedness compacts for acts of terrorism, disasters, and

emergencies throughout the Nation, by -

(A) identifying and cataloging existing emergency preparedness compacts for

acts of terrorism, disasters, and emergencies at the State and local levels of

government;

(B) disseminating to State and local governments examples of best practices

in the development of emergency preparedness compacts and models of

existing emergency preparedness compacts, including agreements involving

interstate jurisdictions; and

terrorism, disasters, and emergencies, making such inventory available to

appropriate Federal, State, and local government ocials, and ensuring that

such inventory is as current and accurate as practicable.

(2) e Administrator may -

(A) assist and encourage the States to negotiate and enter into interstate

emergency preparedness compacts;

(B) review the terms and conditions of such proposed compacts in order to

assist, to the extent feasible, in obtaining uniformity between such compacts

and consistency with Federal emergency response plans and programs;

(D) aid and assist in encouraging reciprocal emergency preparedness legislation

by the States which will permit the furnishing of mutual aid for emergency

preparedness purposes in the event of a hazard which cannot be adequately

met or controlled by a State or political subdivision thereof threatened with

or experiencing a hazard.

(3) A copy of each interstate emergency preparedness compact shall be transmitted

promptly to the Senate and the House of Representatives. e consent of Congress

is deemed to be granted to each such compact upon the expiration of the 60-day

period beginning on the date on which the compact is transmitted to Congress.

(4) Nothing in this subsection shall be construed as preventing Congress from

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

disapproving, or withdrawing at any time its consent to, any interstate emergency

preparedness compact.

(i) matErials anD FacilitiEs -

(1) e Administrator may procure by condemnation or otherwise, construct, lease,

transport, store, maintain, renovate or distribute materials and facilities for

emergency preparedness, with the right to take immediate possession thereof.

(2) Facilities acquired by purchase, donation, or other means of transfer may be

occupied, used, and improved for the purposes of this title before the approval of

title by the Attorney General as required by sections 3111 and 3112 of title 40.

(3) e Administrator may lease real property required for the purpose of carrying

out the provisions of this subsection, but shall not acquire fee title to property

unless specically authorized by law.

(4) e Administrator may procure and maintain under this subsection radiological,

chemical, bacteriological, and biological agent monitoring and decontamination

devices and distribute such devices by loan or grant to the States for emergency

preparedness purposes, under such terms and conditions as the Administrator

shall prescribe.

(j) Financial contribUtions -

(1) e Administrator may make nancial contributions, on the basis of programs or

projects approved by the Administrator, to the States for emergency preparedness

purposes, including the procurement, construction, leasing, or renovating

of materials and facilities. Such contributions shall be made on such terms

or conditions as the Administrator shall prescribe, including the method of

purchase, the quantity, quality, or specications of the materials or facilities, and

such other factors or care or treatment to assure the uniformity, availability, and

good condition of such materials or facilities.

(2) e Administrator may make nancial contributions, on the basis of programs

or projects approved by the Administrator, to the States and local authorities

for animal emergency preparedness purposes, including the procurement,

construction, leasing, or renovating of emergency shelter facilities and materials

that will accommodate people with pets and service animals.

(3) No contribution may be made under this subsection for the procurement of

land or for the purchase of personal equipment for State or local emergency

preparedness workers.

(4) e amounts authorized to be contributed by the Administrator to each State for

organizational equipment shall be equally matched by such State from any source

it determines is consistent with its laws.

(5) Financial contributions to the States for shelters and other protective facilities

shall be determined by taking the amount of funds appropriated or available to

the Administrator for such facilities in each scal year and apportioning such

funds among the States in the ratio which the urban population of the critical

STAFFORD ACT > TITLE VI > § 611

target areas (as determined by the Administrator) in each State, at the time of the

determination, bears to the total urban population of the critical target areas of all

of the States.

(6) e amounts authorized to be contributed by the Administrator to each State for

such shelters and protective facilities shall be equally matched by such State from

any source it determines is consistent with its laws and, if not matched within

a reasonable time, the Administrator may reallocate such amounts to other

States under the formula described in paragraph (4).

e value of any land

contributed by any State or political subdivision thereof shall be excluded from

the computation of the State share under this subsection.

(7) e amounts paid to any State under this subsection shall be expended solely

in carrying out the purposes set forth herein and in accordance with State

emergency preparedness programs or projects approved by the Administrator.

e Administrator shall make no contribution toward the cost of any program

or project for the procurement, construction, or leasing of any facility which (A)

is intended for use, in whole or in part, for any purpose other than emergency

preparedness, and (B) is of such kind that upon completion it will, in the judgment

of the Administrator, be capable of producing sucient revenue to provide

reasonable assurance of the retirement or repayment of such cost; except that

(subject to the preceding provisions of this subsection) the Administrator may

make a contribution to any State toward that portion of the cost of the construction,

reconstruction, or enlargement of any facility which the Administrator determines

to be directly attributable to the incorporation in such facility of any feature of

construction or design not necessary for the principal intended purpose thereof

but which is, in the judgment of the Administrator necessary for the use of such

facility for emergency preparedness purposes.

(8) e Administrator shall submit to Congress a report, at least annually, regarding

all contributions made pursuant to this subsection.

(9) All laborers and mechanics employed by contractors or subcontractors in the

performance of construction work nanced with the assistance of any contribution

of Federal funds made by the Administrator under this subsection shall be paid

wages at rates not less than those prevailing on similar construction in the locality

as determined by the Secretary of Labor in accordance with sections 3141-3144,

3146, and 3147 of title 40, and every such employee shall receive compensation

at a rate not less than one and 1/2 times the basic rate of pay of the employee for

all hours worked in any workweek in excess of eight hours in any workday or

40 hours in the workweek, as the case may be. e Administrator shall make no

contribution of Federal funds without rst obtaining adequate assurance that these

labor standards will be maintained upon the construction work. e Secretary of

Labor shall have, with respect to the labor standards specied 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.

STAFFORD ACT > TITLE VI > § 611

* This was redesignated paragraph (5) by Pub. L. 109-308, § 3(2), Oct. 6, 2006, 120 Stat. 1725.

(k) salE or DisPosal oF cErtain matErials anD FacilitiEs - e Administrator may arrange

for the sale or disposal of materials and facilities found by the Administrator to be

unnecessary or unsuitable for emergency preparedness purposes in the same manner

as provided for excess property under chapters 1 to 11 of title 40 and division C (except

sections 3302, 3307(e), 3501(b), 3509, 4710, and 4711) of subtitle I of title 41. Any

funds received as proceeds from the sale or other disposition of such materials and

facilities shall be deposited into the Treasury as miscellaneous receipts.

Sec. 612. Mutual Aid Pacts Between States and Neighboring Countries

(42 U.S.C. 5196a)

e Administrator shall give all practicable assistance to States in arranging, through the

Department of State, mutual emergency preparedness aid between the States and neighboring

countries.

Sec. 613. Contributions for Personnel and Administrative Expenses

(42 U.S.C. 5196b)

(a) gEnEral aUthority - To further assist in carrying out the purposes of this title, the

Administrator may make nancial contributions to the States (including interstate

emergency preparedness authorities established pursuant to section 5196(h) of this title

[Section 611(h)]) for necessary and essential State and local emergency preparedness

personnel and administrative expenses, on the basis of approved plans (which shall

be consistent with the Federal emergency response plans for emergency preparedness)

for the emergency preparedness of the States. e nancial contributions to the

States under this section may not exceed one-half of the total cost of such necessary

and essential State and local emergency preparedness personnel and administrative

expenses.

(b) Plan rEqUirEmEnts - A plan submitted under this section shall

(1) provide, pursuant to State law, that the plan shall be in eect in all political

subdivisions of the State and be mandatory on them and be administered or

supervised by a single State agency;

(2) provide that the State shall share the nancial assistance with that provided by the

Federal Government under this section from any source determined by it to be

consistent with State law;

(3) provide for the development of State and local emergency preparedness

operational plans, including a catastrophic incident annex, pursuant to standards

approved by the Administrator;

(4) provide for the employment of a full-time emergency preparedness director, or

deputy director, by the State;

(5) provide that the State shall make such reports in such form and content as the

STAFFORD ACT > TITLE VI > §§ 611-613

* Sec. 536 of PKEMRA provides “The Department of Homeland Security shall, in approving standards

for State and local emergency preparedness operational plans under section 613(b)(3) of the [Stafford

Act] (42 U.S.C. 5196b(b)(3)), account for the needs of individuals with household pets and service ani-

mals before, during, and following a major disaster or emergency: Provided, That Federal agencies may

provide assistance as described in section 403(a) of the [Stafford Act] (42 U.S.C. 5170b(a)) to carry out

the plans described in the previous proviso.”

Administrator may require;

(6) make available to duly authorized representatives of the Administrator and the

Comptroller General, books, records, and papers necessary to conduct audits for

the purposes of this section; and

(7) include a plan for providing information to the public in a coordinated manner.

(1) consistEncy - A catastrophic incident annex submitted under subsection (b)(3)

shall be -

(A) modeled aer the catastrophic incident annex of the National Response

Plan; and

(B) consistent with the national preparedness goal established under [Sec. 643

of PKEMRA, 6 USC § 743], the National Incident Management System, the

National Response Plan, and other related plans and strategies.

(2) consUltation - In developing a catastrophic incident annex submitted under

subsection (b)(3), a State shall consult with and seek appropriate comments

from local governments, emergency response providers, locally governed

multijurisdictional councils of government, and regional planning commissions.

(d) tErms anD conDitions - e Administrator shall establish such other terms and

conditions as the Administrator considers necessary and proper to carry out

this section.

(e) aPPlication oF othEr Provisions - In carrying out this section, the provisions of

section[s] 5196(h) and 5197(h) of this title [Sections 611(h) and 621(h)] shall apply.

(f) allocation oF FUnDs - For each scal year concerned, the Administrator shall allocate

to each State, in accordance with regulations and the total sum appropriated under

this title, amounts to be made available to the States for the purposes of this section.

Regulations governing allocations to the States under this subsection shall give due

regard to (1) the criticality of the areas which may be aected by hazards with respect

to the development of the total emergency preparedness readiness of the United States,

(2) the relative state of development of emergency preparedness readiness of the State,

(3) population, and (4) such other factors as the Administrator shall prescribe. e

Administrator may reallocate the excess of any allocation not used by a State in a plan

submitted under this section. Amounts paid to any State or political subdivision under

this section shall be expended solely for the purposes set forth in this section.

(g) stanDarDs For statE anD local EmErgEncy PrEParEDnEss oPErational Plans - In

approving standards for State and local emergency preparedness operational plans

pursuant to subsection (b)(3), the Administrator shall ensure that such plans take into

account the needs of individuals with household pets and service animals prior to,

during, and following a major disaster or emergency.

(h) sUbmission oF Plan - If a State fails to submit a plan for approval as required by this

section within 60 days aer the Administrator noties the States of the allocations

under this section, the Administrator may reallocate such funds, or portions thereof,

among the other States in such amounts as, in the judgment of the Administrator, will

STAFFORD ACT > TITLE VI > § 613

best assure the adequate development of the emergency preparedness capability of the

United States.

(h) annUal rEPorts - e Administrator shall report annually to the Congress all

contributions made pursuant to this section.

Sec. 614. Grants for Construction of Emergency Operations Centers

(42 U.S.C. 5196c)

(a) grants - e Administrator of [FEMA] may make grants to States under this subchapter

for equipping, upgrading, and constructing State and local emergency operations

centers.

(b) FEDEral sharE - Notwithstanding any other provision of this subchapter, the Federal

share of the cost of an activity carried out using amounts from grants made under this

section shall not exceed 75 percent.

Sec. 615. Use of Funds to Prepare for and Respond to Hazards

(42 U.S.C. 5196d)

Funds made available to the States under this title may be used by the States for the purposes

of preparing for hazards and providing emergency assistance in response to hazards.

Regulations prescribed to carry out this section shall authorize the use of emergency

preparedness personnel, materials, and facilities supported in whole or in part through

contributions under this title for emergency preparedness activities and measures related

to hazards.

Radiological Emergency Preparedness Fund (42 U.S.C. 5196e)

ere is hereby established in the Treasury a Radiological Emergency Preparedness Fund,

which shall be available under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.],

as amended, and Executive Order 12657, for osite radiological emergency planning,

preparedness, and response. Beginning in scal year 1999 and thereaer, the Administrator

of [FEMA] shall promulgate through rulemaking fees to be assessed and collected,

applicable to persons subject to FEMA’s radiological emergency preparedness regulations.

e aggregate charges assessed pursuant to this section during scal year 1999 shall not be

less than 100 percent of the amounts anticipated by FEMA necessary for its radiological

emergency preparedness program for such scal year. e methodology for assessment

and collection of fees shall be fair and equitable; and shall reect costs of providing such

services, including administrative costs of collecting such fees. Fees received pursuant to this

section shall be deposited in the Fund as osetting collections and will become available for

authorized purposes on October 1, 1999, and remain available until expended.

Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f)

(a) in gEnEral - Consistent with section 5151(a) of this title [Section 308(a)], the

Administrator of [FEMA] shall -

(1) identify, in coordination with State and local governments, population groups

STAFFORD ACT > TITLE VI > § 613

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

** This section was enacted as part of the Departments of Veterans Affairs and Housing and Urban

Development, and Independent Agencies Appropriations Act, 1999.

with limited English prociency and take into account such groups in planning

for an emergency or major disaster;

(2) ensure that information made available to individuals aected by a

major disaster or emergency is made available in formats that can be understood

by -

(A) population groups identied under paragraph (1); and

(B) individuals with disabilities or other special needs; and

(3) develop and maintain an informational clearinghouse of model language assistance

programs and best practices for State and local governments in providing services

related to a major disaster or emergency.

(b) groUP sizE - For purposes of subsection (a), the Administrator of [FEMA] shall dene

the size of a population group.

SUBTITLE B – GENERAL PROVISIONS

Sec. 621. Administrative Authority (42 U.S.C. 5197)

(a) in gEnEral - For the purpose of carrying out the powers and duties assigned to the

Administrator under this title, the Administrator may exercise the administrative

authorities provided under this section.

(b) aDvisory PErsonnEl -

(1) e Administrator may employ not more than 100 part-time or temporary

advisory personnel (including not to exceed 25 subjects of the United Kingdom

or citizens of Canada) as the Administrator considers to be necessary in carrying

out the provisions of this title.

(2) Persons holding other oces or positions under the United States for which

they receive compensation, while serving as advisory personnel, shall receive

no additional compensation for such service. Other part-time or temporary

advisory personnel so employed may serve without compensation or may receive

compensation at a rate not to exceed $180 for each day of service, plus authorized

subsistence and travel, as determined by the Administrator.

(1) use the services of Federal agencies and, with the consent of any State or local

government, accept and use the services of State and local agencies;

(2) establish and use such regional and other oces as may be necessary; and

(3) use such voluntary and uncompensated services by individuals or organizations

as may from time to time be needed.

(d) giFts - Notwithstanding any other provision of law, the Administrator may accept gis

of supplies, equipment, and facilities and may use or distribute such gis for emergency

preparedness purposes in accordance with the provisions of this title.

(e) rEimbUrsEmEnt - e Administrator may reimburse any Federal agency for any of

STAFFORD ACT > TITLE VI > §§ 616, 621

its expenditures or for compensation of its personnel and use or consumption of its

materials and facilities under this title to the extent funds are available.

(f) Printing - e Administrator may purchase such printing, binding, and blank-

book work from public, commercial, or private printing establishments or binderies

as the Administrator considers necessary upon orders placed by the Director of the

Government Printing Oce or upon waivers issued in accordance with section 504 of

title 44.

(g) rUlEs anD rEgUlations - e Administrator may prescribe such rules and regulations as

may be necessary and proper to carry out any of the provisions of this title and perform

any of the powers and duties provided by this title. e Administrator may perform any

of the powers and duties provided by this title through or with the aid of such ocials

of [FEMA] as the Administrator may designate.

(h) FailUrE to ExPEnD contribUtions corrEctly -

(1) When, aer reasonable notice and opportunity for hearing to the State or other

person involved, the Administrator nds that there is a failure to expend funds

in accordance with the regulations, terms, and conditions established under

this title for approved emergency preparedness plans, programs, or projects,

the Administrator may notify such State or person that further payments will

not be made to the State or person from appropriations under this title (or from

funds otherwise available for the purposes of this title for any approved plan,

program, or project with respect to which there is such failure to comply) until the

Administrator is satised that there will no longer be any such failure.

(2) Until so satised, the Administrator shall either withhold the payment of

any nancial contribution to such State or person or limit payments to those

programs or projects with respect to which there is substantial compliance with

the regulations, terms, and conditions governing plans, programs, or projects

hereunder.

(3) As used in this subsection, the term “person” means the political subdivision of

any State or combination or group thereof or any person, corporation, association,

or other entity of any nature whatsoever, including instrumentalities of States and

political subdivisions.

Sec. 622. Security Regulations (42 U.S.C. 5197a)

(a) EstablishmEnt - e Administrator shall establish such security requirements and

safeguards, including restrictions with respect to access to information and property as

the Administrator considers necessary.

(b) limitation on EmPloyEE accEss to inFormation - No employee of [FEMA] 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 les of the Federal Bureau of Investigation or

any other investigative agency of the Government indicating that such employee is of

questionable loyalty or reliability for security purposes, or if any such information is

STAFFORD ACT > TITLE VI > §§ 621-622

so disclosed, until the Federal Bureau of Investigation shall have conducted a full eld

investigation concerning such person and a report thereon shall have been evaluated in

writing by the Administrator.

determined by the Administrator to be of critical importance from the standpoint of

national security until a full eld investigation concerning such employee shall have

been conducted by the Director of the Oce of Personnel Management and a report

thereon shall have been evaluated in writing by the Administrator of [FEMA]. In the

event such full eld investigation by the Director of the Oce of Personnel Management

develops any data reecting that such applicant for a position of critical importance is

of questionable loyalty or reliability for security purposes, or if the Administrator of

[FEMA] for any other reason considers it to be advisable, such investigation shall be

discontinued and a report thereon shall be referred to the Administrator of [FEMA] for

evaluation in writing. ereaer, the Administrator of [FEMA] may refer the matter to

the Federal Bureau of Investigation for the conduct of a full eld investigation by such

Bureau. e result of such latter investigation by such Bureau shall be furnished to the

Administrator of [FEMA] for action.

(d) EmPloyEE oaths - Each Federal employee of [FEMA] acting under the authority

of this title, except the subjects of the United Kingdom and citizens of Canada

specied in section 5197(b) of this title [Section 621(b)], shall execute the loyalty

oath or appointment adavits prescribed by the Director of the Oce of Personnel

Management. Each person other than a Federal employee who is appointed to serve

in a State or local organization for emergency preparedness shall before entering upon

duties, take an oath in writing before a person authorized to administer oaths, which

oath shall be substantially as follows:

“I______, do solemnly swear (or arm) that I will support and defend the Constitution

of the United States against all enemies, foreign and domestic; that I will bear true

faith and allegiance to the same; that I take this obligation freely, without any mental

reservation or purpose of evasion; and that I will well and faithfully discharge the duties

upon which I am about to enter.

“And I do further swear (or arm) that I do not advocate, nor am I a member or an aliate

of any organization, group, or combination of persons that advocates the overthrow of

the Government of the United States by force or violence; and that during such time

as I am a member of ________ (name of emergency preparedness organization), I

will not advocate nor become a member or an aliate of any organization, group, or

combination of persons that advocates the overthrow of the Government of the United

States by force or violence.”

Aer appointment and qualication for oce, the director of emergency preparedness

of any State, and any subordinate emergency preparedness ocer within such State

designated by the director in writing, shall be qualied to administer any such oath

within such State under such regulations as the director shall prescribe. Any person who

shall be found guilty of having falsely taken such oath shall be punished as provided in

section 1621 of title 18.

STAFFORD ACT > TITLE VI > § 622

Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b)

In performing duties under this title, the Administrator -

(1) shall cooperate with the various departments and agencies of the Federal

Government;

(2) shall use, to the maximum extent, the existing facilities and resources of the

Federal Government and, with their consent, the facilities and resources of the

States and political subdivisions thereof, and of other organizations and agencies;

and

(3) shall refrain from engaging in any form of activity which would duplicate or parallel

activity of any other Federal department or agency unless the Administrator, with

the written approval of the President, shall determine that such duplication is

necessary to accomplish the purposes of this title.

Sec. 624. Annual Report to Congress (42 U.S.C. 5197c)

e Administrator shall annually submit a written report to the President and Congress

covering expenditures, contributions, work, and accomplishments of [FEMA] pursuant to

this title, accompanied by such recommendations as the Administrator considers appropriate.

Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d)

e provisions of this title shall be applicable to the United States, its States, Territories and

possessions, and the District of Columbia, and their political subdivisions.

Sec. 626. Authorization of Appropriation and Transfers of Funds

(42 U.S.C. 5197e)

(a) aUthorization oF aPProPriations - ere are authorized to be appropriated such sums

as may be necessary to carry out the provisions of this title.

(b) transFEr aUthority - Funds made available for the purposes of this title may be allocated

or transferred for any of the purposes of this title, with the approval of the Director

of the Oce of Management and Budget, to any agency or government corporation

designated to assist in carrying out this title. Each such allocation or transfer shall be

reported in full detail to the Congress within 30 days aer such allocation or transfer.

Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f)

Nothing in this title shall be construed to alter or modify the provisions of the Atomic Energy

Act of 1954 (42 U.S.C. 2011 et seq.).

Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)

Nothing in this title shall be construed to authorize investigations of espionage, sabotage, or

subversive acts by any persons other than personnel of the Federal Bureau of Investigation.

STAFFORD ACT > TITLE VI > §§ 623-628

Title VII - Miscellaneous

Sec. 701. Authority to Prescribe Rules and Accept Gifts (42 U.S.C. 5201)

(a) rUlEs anD rEgUlations

(1) e President may prescribe such rules and regulations as may be necessary and

proper to carry out any of the provisions of this Act, and he may exercise any

power or authority conferred on him by any section of this Act either directly or

through such Federal agency or agencies as he may designate.

(2) Deadline for payment of assistance - Rules and regulations authorized by

paragraph (1) shall provide that payment of any assistance under this Act to a State

shall be completed within 60 days aer the date of approval of such assistance.

(b) In furtherance of the purposes of this Act, the President or his delegate may accept and

use bequests, gis, or donations of service, money, or property, real, personal, or mixed,

tangible, or intangible. All sums received under this subsection shall be deposited in

a separate fund on the books of the Treasury and shall be available for expenditure

upon the certication of the President or his delegate. At the request of the President

or his delegate, the Secretary of the Treasury may invest and reinvest excess monies in

the fund. Such investments shall be in public debt securities with maturities suitable

for the needs of the fund and shall bear interest at rates determined by the Secretary

of the Treasury, taking into consideration current market yields on outstanding

marketable obligations of the United States of comparable maturities. e interest on

such investments shall be credited to, and form a part of, the fund.

Insular Areas Disaster Survival and Recovery; Denitions (42 U.S.C. 5204)

As used in sections 5204 to 5204c of this title -

(1) the term “insular area” means any of the following: American Samoa, the Federated

States of Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands,

the Trust Territory of the Pacic Islands,

and the Virgin Islands;

(2) the term “disaster” means a declaration of a major disaster by the President aer

September 1, 1989, pursuant to section 5170 of this title [Section 401]; and

(3) the term “Secretary” means the Secretary of the Interior.

Technical Assistance for Insular Areas (42 U.S.C. 5204b)

***

(a) Upon the declaration by the President of a disaster in an insular area, the President, acting

through the Administrator of [FEMA], shall assess, in cooperation with the Secretary

and chief executive of such insular area, the capability of the insular government to

respond to the disaster, including the capability to assess damage; coordinate activities

with Federal agencies, particularly [FEMA]; develop recovery plans, including

recommendations for enhancing the survivability of essential infrastructure; negotiate

* This section was enacted as part of the Omnibus Insular Areas Act of 1992.

** The Trust Territory of the Pacic Islands has been terminated. See note preceding 48 U.S.C. 1681.

*** This section was enacted as part of the Omnibus Insular Areas Act of 1992.

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

STAFFORD ACT > TITLE VII > § 705, 42 U.S.C. §§ 5204b

* Sec. 1216(c)(2) of DRRA provides that (A) “With respect to disaster or emergency assistance provided

to a State or local government 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

[this paragraph] section, 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 [this

paragraph].” and (B) Such provision “may not be construed to invalidate or otherwise affect any

administration action completed before [October 5, 2018].”

and manage reconstruction contracts; and prevent the misuse of funds. If the President

nds that the insular government lacks any of these or other capabilities essential to the

recovery eort, then the President shall provide technical assistance to the insular area

which the President deems necessary for the recovery eort.

(b) One year following the declaration by the President of a disaster in an insular area, the

Secretary, in consultation with the Administrator of [FEMA], shall submit to the Senate

Committee on Energy and Natural Resources and the House Committee on Natural

Resources a report on the status of the recovery eort, including an audit of Federal

funds expended in the recovery eort and recommendations on how to improve public

health and safety, survivability of infrastructure, recovery eorts, and eective use of

funds in the event of future disasters.

Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205)

(a) statUtE oF limitations -

(1) in gEnEral - Notwithstanding section 3716(e) of title 31, United States Code,

and except as provided in paragraph (2), no administrative action to recover any

payment made to a State or local government for disaster or emergency assistance

under this Act shall be initiated in any forum aer the date that is 3 years aer

the date of transmission of the nal expenditure report for project completion as

certied by the grantee.

(2) FraUD ExcEPtion - e limitation under paragraph (1) shall apply unless there is

evidence of civil or criminal fraud.

(b) rEbUttal oF PrEsUmPtion oF rEcorD maintEnancE -

(1) in gEnEral - In any dispute arising under this section aer the date that is 3 years

aer the date of transmission of the nal expenditure report for project completion

as certied by the grantee, there shall be a presumption that accounting records

were maintained that adequately identify the source and application of funds

provided for nancially assisted activities.

(2) aFFirmativE EviDEncE - e presumption described in paragraph (1) may be

rebutted only on production of armative evidence that the State or local

government did not maintain documentation described in that paragraph.

(3) inability to ProDUcE DocUmEntation - e inability of the Federal, State, or local

government to produce source documentation supporting expenditure reports

later than 3 years aer the date of transmission of the nal expenditure report

for project completion as certied by the grantee shall not constitute evidence to

rebut the presumption described in paragraph (1).

(4) right oF accEss - e period during which the Federal, State, or local government

has the right to access source documentation shall not be limited to the required

3-year retention period referred to in paragraph (3), but shall last as long as the

records are maintained.

- A State or local government shall not be

liable for reimbursement or any other penalty for any payment made under this Act if -

(1) the payment was authorized by an approved agreement specifying the costs;

(2) the costs were reasonable; and

(3) the purpose of the grant was accomplished.

(d) Facilitating closEoUt—

(1) incEntivEs - e Administrator of [FEMA] may develop incentives and penalties

that encourage State, local, or Indian tribal governments to close out expenditures

and activities on a timely basis related to disaster or emergency assistance.

(2) agEncy rEqUirEmEnts - [FEMA] shall, consistent with applicable regulations and

required procedures, meet its responsibilities to improve closeout practices and

reduce the time to close disaster program awards.

Buy American (42 U.S.C. 5206)

(a) c omPliancE with chaPtEr 83 oF titlE 41 - No funds authorized to

appropriated under [the Disaster Mitigation Act of 2000] or any

amendment made by this [the Disaster Mitigation Act of 2000]

may be

expended by an entity unless the entity, in expending the funds, complies with

chapter 83 of title 41.

(b) DEbarmEnt oF PErsons convictED oF FraUDUlEnt UsE oF “maDE in amErica” labEls -

(1) in gEnEral - If the Administrator of [FEMA] determines that a person has

been convicted of intentionally affixing a label bearing a “Made in America”

inscription to any product sold in or shipped to the United States that is not made

in America, the Administrator shall determine, not later than 90 days after

determining that the person has been so convicted, whether the person should

be debarred from

STAFFORD ACT > TITLE VII > § 705

** This section was enacted as part of the Disaster Mitigation Act of 2000, Pub. L. No. 106-390.

* Sec. 1237 of DRRA provides: “Certain Recoupment Prohibited. (a) IN GENERAL.—Notwithstanding

any other provision of law, the Agency shall deem any covered disaster assistance to have been

properly procured, provided, and utilized, and shall restore any funding of covered disaster assistance

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 pursuant to section 403, 406, or 407 of the [Stafford Act] (42 U.S.C. 5170b,

5172, or 5173); 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 a

Technical Assistance Contractor to review eld operations, provide eligibility advice, and assist with

day-to-day decisions; (B) the Technical Assistance Contractor provided inaccurate information to the

local government; and (C) the local government relied on the inaccurate information to determine

that relevant contracts were eligible, reasonable, and reimbursable.”

STAFFORD ACT > TITLE VII > § 706. § 42 U.S.C. 5206

contracting under the [Staord Act] (42 U.S.C. 5121 et seq.).

(2) DEFinition oF DEbar - In this subsection, the term “debar” has the meaning given

the term in section 2393(c) of title 10.

Sec. 706. Firearms Policies (42 U.S.C. 5207)

(a) Prohibition on conFiscation oF FirEarms - No ocer or employee of the United

States (including any member of the uniformed services), or person operating

pursuant to or under color of Federal law, or receiving Federal funds, or under control of

any Federal ocial, or providing services to such an ocer, employee, or other person,

while acting in support of relief from a major disaster or emergency, may -

(1) temporarily or permanently seize, or authorize seizure of, any rearm the

possession of which is not prohibited under Federal, State, or local law, other

than for forfeiture in compliance with Federal law or as evidence in a criminal

investigation;

(2) require registration of any rearm for which registration is not required by

Federal, State, or local law;

(3) prohibit possession of any rearm, or promulgate any rule, regulation, or order

prohibiting possession of any rearm, in any place or by any person where such

possession is not otherwise prohibited by Federal, State, or local law; or

(4) prohibit the carrying of rearms by any person otherwise authorized to carry

rearms under Federal, State, or local law, solely because such person is operating

under the direction, control, or supervision of a Federal agency in support of relief

from the major disaster or emergency.

(b) limitation - Nothing in this section shall be construed to prohibit any person in

subsection (a) from requiring the temporary surrender of a rearm as a condition for

entry into any mode of transportation used for rescue or evacuation during a major

disaster or emergency, provided that such temporarily surrendered rearm is returned

at the completion of such rescue or evacuation.

(1) in gEnEral - Any individual aggrieved by a violation of this section may seek

relief in an action at law, suit in equity, or other proper proceeding for redress

against any person who subjects such individual, or causes such individual to be

subjected, to the deprivation of any of the rights, privileges, or immunities secured

by this section.

(2) rEmEDiEs - In addition to any existing remedy in law or equity, under any law, an

individual aggrieved by the seizure or conscation of a rearm in violation of this

section may bring an action for return of such rearm in the United States district

court in the district in which that individual resides or in which such rearm may

be found.

(3) attornEy FEEs - In any action or proceeding to enforce this section, the court shall

award the prevailing party, other than the United States, a reasonable attorney’s fee

as part of the costs.

Additional FEMA Authorities

Name/Title Location

Acts

Defense Production Act of 1950

50 App. U.S.C. § 2061 et seq.

Earthquake Hazards Reduction Act of 1977

42 U.S.C. § 7701 et seq.

Federal Fire Prevention and Control Act of 1974

15 U.S.C. § 2201 et seq.;

42 U.S.C. § 290a

Homeland Security Act of 2002

6 U.S.C. § 311 et seq.

Implementing Recommendations of the 9/11

Commission Act of 2007

Pub. L. 110-53, 121 Stat. 266

(2007)

McKinney-Vento Homeless Assistance Act (Title III)

42 U.S.C. § 11331 et seq.

National Capital Region Mutual Aid

42 U.S.C. § 5196 note

National Dam Safety Program Act

33 U.S.C. § 467 et seq.

National Emergencies Act

50 U.S.C. § 1601 et seq.

National Flood Insurance Act of 1968

42 U.S.C. § 4001 et seq.

National Security Act of 1947

50 U.S.C. §§ 404-405

Post-Katrina Emergency Management Reform Act

of 2006

Pub. L. 109-295, Title VI, § 601 et

seq., 120 Stat. 1394 (2006)

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

N/A

Section 102 of Public Law 107-295, the Maritime

Transportation Security Act of 2002

46 U.S.C. § 70107

Warning, Alert, and Response Network Act

47 U.S.C. § 1201 et seq.

Specic Statutes

Comprehensive emergency response plans

42 U.S.C. § 11003

Destruction of existing stockpile of lethal chemical

agents and munitions

50 U.S.C. § 1521

Emergency response to natural disasters

33 U.S.C. § 701n

Planning and training grants, monitoring, and review

49 U.S.C. § 5116

Response authorities [CERCLA]

42 U.S.C. § 9604

Training curriculum for the public sector

49 U.S.C. § 5115

War powers of President

47 U.S.C. § 606

Executive Orders

E.O. 11514, Protection and Enhancement of Environ-

mental Quality

42 U.S.C. § 4321 note

E.O. 11795, Delegation of Presidential Functions

42 U.S.C. § 5121 note

E.O. 11988, Floodplain Management

42 U.S.C. § 4321 note

E.O. 11990, Protection of Wetlands

42 U.S.C. § 4321 note

Executive Orders (continued)

E.O. 12127, Transfer of Functions to Federal

Emergency Management Agency

15 U.S.C. § 2201 note

E.O. 12148, Federal Emergency Management

42 U.S.C. § 5195 note

E.O. 12472, Assignment of National Security

and Emergency Preparedness Telecommunications

Functions

42 U.S.C. § 5195 note

E.O. 12656, Assignment of Emergency Preparedness

Responsibilities

42 U.S.C. § 5195 note

E.O. 12657, Department of Homeland

Security Assistance in Emergency Preparedness

Planning at Commercial Nuclear Power Plants

42 U.S.C. § 5195 note

E.O. 12673, Delegation of Disaster Relief and Emer-

gency Assistance Functions

42 U.S.C. § 5195 note

E.O. 12699, Seismic Safety of Federal and Federally

Assisted or Regulated New Building Construction.

42 U.S.C. § 7704 note

E.O. 12941, Seismic Safety of Existing Federally

Owned or Leased Buildings

42 U.S.C. § 7705b note

E.O. 13010, Critical Infrastructure Protection

42 U.S.C. § 5195 note

E.O. 13151, Global Disaster Information Network

42 U.S.C. § 5195 note

E.O. 13161, Establishment of the Presidential Medal

of Valor for Public Safety Ocers

15 U.S.C. § 2214 note

E.O. 13347, Individuals with Disabilities in

Emergency Preparedness

6 U.S.C. § 314 note

E.O. 13407, Public Alert and Warning System

42 U.S.C. § 5195 note

Reorganization Plan No. 1 of 1958

42 U.S.C. § 5195 note

Reorganization Plan No. 1 of 1973

42 U.S.C. § 5195 note

Reorganization Plan No. 3 of 1978

15 U.S.C. § 2201 note