TABLE OF CONTENTS
SUBCHAPTER I--FINDINGS, DECLARATIONS, AND DEFINITIONS. . . . . . . . . 9
5121. Congressional findings and declarations . . . . . . . . 9
5122. Definitions . . . . . . . . . . . . . . . . . . . . . . . 10
SUBCHAPTER II--DISASTER PREPAREDNESS ASSISTANCE. . . . . . . . . . . . 12
5131. Federal and State disaster preparedness program . . . . . 12
5132. Disaster warnings . . . . . . . . . . . . . . . . . . . . 13
SUBCHAPTER III--MAJOR DISASTER AND EMERGENCY ASSISTANCE
ADMINIStrATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5141. Waiver of administrative conditions . . . . . . . . . . . 15
5142. Repealed. . . . . . . . . . . . . . . . . . . . . . . . . 15
5143. Coordinating officers . . . . . . . . . . . . . . . . . . 15
5144. Emergency support teams . . . . . . . . . . . . . . . . . 16
5145. Repealed. . . . . . . . . . . . . . . . . . . . . . . . . 17
5146. Repealed. . . . . . . . . . . . . . . . . . . . . . . . . 17
5147. Reimbursement of federal agencies . . . . . . . . . . . . 17
5148. Nonliability of Federal Government. . . . . . . . . . . . 17
5149. Performance of services . . . . . . . . . . . . . . . . . 17
5150. Use of local firms and individuals. . . . . . . . . . . . 18
5151. Nondiscrimination in disaster assistance. . . . . . . . . 19
5152. Use and coordination of relief organizations. . . . . . . 19
5153. Priority to certain applications for public facility
and public housing assistance . . . . . . . . . . . . . . 20
5154. Insurance . . . . . . . . . . . . . . . . . . . . . . . . 21
5155. Duplication of benefits . . . . . . . . . . . . . . . . . 22
5156. Standards and reviews . . . . . . . . . . . . . . . . . . 23
5157. Penalties . . . . . . . . . . . . . . . . . . . . . . . . 23
5158. Availability of materials . . . . . . . . . . . . . . . . 24
5159. Protection of environment . . . . . . . . . . . . . . . . 24
5160. Recovery of assistance. . . . . . . . . . . . . . . . . . 25
5161. Audits and investigations . . . . . . . . . . . . . . . . 25
5162. Advance of Non-Federal Share. . . . . . . . . . . . . . . 26
5163. Limitation on use of sliding scales . . . . . . . . . . . 27
5164. Rules and regulations . . . . . . . . . . . . . . . . . . 27
SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS. . . . . . . . . . . 28
5170. Procedure for declaration . . . . . . . . . . . . . . . . 28
5170a. General Federal Assistance. . . . . . . . . . . . . . . 28
5170b. Essential Assistance. . . . . . . . . . . . . . . . . . 29
5170c. Hazard Mitigation . . . . . . . . . . . . . . . . . . . 32
5171. Federal facilities. . . . . . . . . . . . . . . . . . . . 34
5172. Repair, restoration, and replacement of damaged facilities 35
5173. Debris removal. . . . . . . . . . . . . . . . . . . . . . 39
5174. Temporary housing assistance. . . . . . . . . . . . . . . 40
5175. Repealed. . . . . . . . . . . . . . . . . . . . . . . . . 43
5176. Minimum standards for public and private structures . . . 43
5177. Unemployment assistance . . . . . . . . . . . . . . . . . 44
5178. Individual and family grant programs. . . . . . . . . . . 44
5179. Food coupons and distribution . . . . . . . . . . . . . . 46
5180. Food commodities. . . . . . . . . . . . . . . . . . . . . 47
5181. Relocation assistance . . . . . . . . . . . . . . . . . . 47
5182. Legal services. . . . . . . . . . . . . . . . . . . . . . 47
5183. Crisis counseling assistance and training . . . . . . . . 48
5184. Community disaster loans . . . . . . . . . . . . . . . . 48
5185. Emergency communications. . . . . . . . . . . . . . . . . 48
5186. Emergency public transportation . . . . . . . . . . . . . 49
5187. Fire suppression grants . . . . . . . . . . . . . . . . . 49
5188. Timber sale contracts . . . . . . . . . . . . . . . . . . 49
5189. Simplified procedure. . . . . . . . . . . . . . . . . . . 50
5189a. Appeals of assistance decisions. . . . . . . . . . . . . 51
5189b. Date of eligibility; expenses incurred before
date of disaster 51
SUBCHAPTER IV-A--EMERGENCY ASSISTANCE PROGRAMS . . . . . . . . . . . . 53
5191. Procedure for declaration . . . . . . . . . . . . . . . . 53
5192. Federal emergency assistance. . . . . . . . . . . . . . . 54
5193. Amount of assistance. . . . . . . . . . . . . . . . . . . 55
SUBCHAPTER IV-B--EMERGENCY PREPAREDNESS. . . . . . . . . . . . . . . . 57
5195. Declaration of policy . . . . . . . . . . . . . . . . . . 57
5195a. Definitions. . . . . . . . . . . . . . . . . . . . . . . 57
5195b. Administration of subchapter . . . . . . . . . . . . . . 60
5196. Detailed functions of administration. . . . . . . . . . . 60
5196a. Mutual aid pacts between States and neighboring countries 65
5196b. Contributions for personnel and administrative expenses. 65
5196c. Requirement for State matching funds for construction of
emergency operating centers . . . . . . . . . . . . . . . 67
5196d. Use of funds to prepare for and respond to hazards . . . 67
5197. Administrative authority. . . . . . . . . . . . . . . . . 67
5197a. Security regulations . . . . . . . . . . . . . . . . . . 69
5197b. Use of existing facilities . . . . . . . . . . . . . . . 71
5197c. Annual report to Congress. . . . . . . . . . . . . . . . 72
5197d. Applicability of subchapter. . . . . . . . . . . . . . . 72
5197e. Authorization of appropriations and transfers of funds . 72
5197f. Relation to Atomic Energy Act of 1954. . . . . . . . . . 72
5197g. Federal Bureau of Investigation. . . . . . . . . . . . . 73
SUBCHAPTER V--MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . 75
5201. Rules and regulations; acceptance of gifts . . . . . . . 75
5202. Repealed. . . . . . . . . . . . . . . . . . . . . . . . . 75
5203. Excess disaster assistance payments as budgetary
emergency requirements . . . . . . . . . . . . . . . . . . 76
5204. Insular areas disaster survival and recovery; definitions 76
5204a. Authorization of appropriations for insular areas. . . . 76
5204b. Technical assistance for insular areas . . . . . . . . . 77
5204c. Hazard mitigation for insular areas. . . . . . . . . . . 77
CROSS-REFERENCE table
STAFFORD ACT SECTION NUMBERS TO U.S. CODE SECTIONS
Section No. in Act Section No. in 42 U.S.C. Page
101 5121. Congressional findings and declarations 10
102 5122. Definitions 10
201 5131. Federal and State disaster preparedness program 12
202 5132. Disaster warnings 13
301 5141. Waiver of administrative conditions 15
302 5143. Coordinating officers 15
303 5144. Emergency support teams 16
304 5147. Reimbursement of federal agencies 17
305 5148. Nonliability of Federal Government 17
306 5149. Performance of services 17
307 5150. Use of local firms and individuals 18
308 5151. Nondiscrimination in disaster assistance 19
309 5152. Use and coordination of relief organizations 19
310 5153. Priority to certain applications for public facility and
public housing assistance 20
311 5154. Insurance 21
312 5155. Duplication of benefits 22
313 5156. Standards and reviews 23
314 5157. Penalties 23
315 5158. Availability of materials 24
316 5159. Protection of environment 24
317 5160. Recovery of assistance 25
318 5161. Audits and investigations 25
319 5162. Advance of Non-Federal Share 26
320 5163. Limitation on use of sliding scales 27
321 5164. Rules and regulations 27
401 5170. Procedure for declaration 28
402 5170a. General Federal Assistance 28
403 5170b. Essential Assistance 29
404 5170c. Hazard Mitigation 32
405 5171. Federal facilities 34
406 5172. Repair, restoration, and replacement of
damaged facilities 35
407 5173. Debris removal 39
408 5174. Temporary housing assistance 40
409 5176. Minimum standards for public and private structures 43
410 5177. Unemployment assistance 44
411 5178. Individual and family grant programs 44
412 5179. Food coupons and distribution 46
413 5180. Food commodities 47
414 5181. Relocation assistance 47
415 5182. Legal services 47
416 5183. Crisis counseling assistance and training 47
417 5184. Community disaster loans 48
418 5185. Emergency communications 48
419 5186. Emergency public transportation 48
420 5187. Fire suppression grants 49
421 5188. Timber sale contracts 49
422 5189. Simplified procedure 50
423 5189a. Appeals of assistance decisions 51
424 5189b. Date of eligibility; expenses incurred before date of
disaster 51
501 5191. Procedure for declaration 53
502 5192. Federal emergency assistance 54
503 5193. Amount of assistance 55
601 5195. Declaration of policy 57
602 5195a. Definitions 57
603 5195b. Administration of subchapter 60
611 5196. Detailed functions of administration 60
612 5196a. Mutual aid pacts between States and neighboring countries
65
613 5196b. Contributions for personnel and administrative expenses 65
614 5196c. Requirement for State matching funds for construction of
emergency operating centers 67
615 5196d. Use of funds to prepare for and respond to hazards 67
621 5197. Administrative authority 67
622 5197a. Security regulations 69
623 5197b. Use of existing facilities 71
624 5197c. Annual report to Congress 71
625 5197d. Applicability of subchapter 72
626 5197e. Authorization of appropriations and transfers of funds 72
627 5197f. Relation to Atomic Energy Act of 1954 72
628 5197g. Federal Bureau of Investigation 73
701 5201. Rules and regulations; acceptance of gifts 75
UNITED STATES CODE
title 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68--DISASTER RELIEF
SUBCHAPTER I--FINDINGS, DECLARATIONS, AND DEFINITIONS
{101} 5121. Congressional findings and declarations
(a) The Congress hereby finds and declares that--
(1) because disasters often cause loss of life, human suffering, loss
of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of
governments and communities, and adversely affect individuals and
families with great severity; special measures, designed to assist the
efforts of the affected 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 chapter, 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 suffering 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
(7) Repealed. Pub.L. 100-707, Title I, 103(a)(1), Nov. 23,
1988, 102 Stat. 4689
{102} 5122. Definitions As used in this chapter--
(1) Emergency--"Emergency" means any occasion or instance for
which, in the determination of the President, Federal assistance
is needed to supplement State and local efforts and capabilities
to save lives and to protect property and public health and
safety, or to lessen or avert the threat of a catastrophe in any
part of the United States.
(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 fire, flood, or explosion, in any part
of the United States, which in the determination of the President
causes damage of sufficient severity and magnitude to warrant
major disaster assistance under this chapter to supplement the
efforts and available resources of States, local governments, and
disaster relief organizations in alleviating the damage, loss,
hardship, or suffering caused thereby.
(3) "United States" means the fifty States, the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and the Trust Territory of the
Pacific Islands.
(4) "State" means any State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, or the Trust Territory of the
Pacific Islands.
(5) "Governor" means the chief executive of any State.
(6) "Local government" means (A) any county, city, village,
town, district, or other political subdivision of any State, any
Indian tribe or authorized tribal organization, or Alaska Native
village or organization, and (B) includes any rural community or
unincorporated town or village or any other public entity for
which an application for assistance is made by a State or
political subdivision thereof.
(7) "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.
(8) Public facility--"Public facility" means the following
facilities owned by a State or local government:
(A) Any flood control, navigation, irrigation, reclamation,
public power, sewage treatment and collection, water supply and
distribution, watershed development, or airport facility.
(B) Any non-Federal-aid street, road, or highway.
(C) Any other public building, structure, or system, including
those used for educational, recreational, or cultural
purposes.
(D) Any park.
(9) Private nonprofit facility--"Private nonprofit facility"
means private nonprofit educational, utility, emergency,
medical, rehabilitational, and temporary or permanent custodial
care facilities (including those for the aged and disabled), other
private nonprofit facilities which provide essential services of a
governmental nature to the general public, and facilities on
Indian reservations as defined by the President.
UNITED STATES CODE
title 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68--DISASTER RELIEF
SUBCHAPTER II--DISASTER PREPAREDNESS ASSISTANCE
{201} 5131. Federal and State disaster preparedness program
(a) Utilization of services of other agencies
The President is authorized to establish a program of disaster
preparedness that utilizes services of all appropriate agencies and
includes--
(1) preparation of disaster preparedness plans for mitigation,
warning, emergency operations, rehabilitation, and recovery;
(2) training and exercises;
(3) postdisaster critiques and evaluations;
(4) annual review of programs;
(5) coordination of Federal, State, and local preparedness programs;
(6) application of science and technology;
(7) research.
(b) Technical assistance for development of plans and programs
The President shall provide technical assistance to the States in
developing comprehensive plans and practicable programs for
preparation against disasters, including hazard reduction, avoidance,
and mitigation; for assistance to individuals, businesses, and State
and local governments following such disasters; and for recovery of
damaged or destroyed public and private facilities.
(c) Grants to states for development of plans and programs
Upon application by a State, the President is authorized to make
grants, not to exceed in the aggregate to such State $250,000, for
the development of plans, programs, and capabilities for disaster
preparedness and prevention. Such grants shall be applied for within
one year from May 22, 1974. Any State desiring financial assistance
under this section shall designate or create an agency to plan and
administer such a disaster preparedness program, and shall, through
such agency, submit a State plan to the President, which shall--
(1) set forth a comprehensive and detailed State program for
preparation against and assistance following, emergencies and major
disasters, including provisions for assistance to individuals,
businesses, and local governments; and
(2) include provisions for appointment and training of appropriate
staffs, formulation of necessary regulations and procedures and
conduct of required exercises.
(d) Grants for improvement,maintenance, and updating of State plans
The President is authorized to make grants not to exceed 50 per
centum of the cost of improving, maintaining and updating State
disaster assistance plans, including evaluations of natural hazards and
development of the programs and actions required to mitigate such
hazards; except that no such grant shall exceed $50,000 per annum to
any State.
{202} 5132. Disaster warnings
(a) Readiness of federal agencies to issue warnings to state and local
officials
The President shall insure that all appropriate Federal agencies are
prepared to issue warnings of disasters to State and local
officials.
(b) Technical assistance to state and local governments for effective
warnings
The President shall direct appropriate Federal agencies to provide
technical assistance to State and local governments to insure that
timely and effective disaster warning is provided.
(c) Warnings to governmental authorities and public endangered by
disaster
The President is authorized to utilize or to make available to
Federal, State, and local agencies the facilities of the civil
defense communications system established and maintained pursuant to
section 5196(c) of this title, or any other Federal communications
system for the purpose of providing warning to governmental authorities
and the civilian population in areas endangered by disasters.
(d) Agreements with commercial communications systems for use of
facilities
The President is authorized to enter into agreements with the
officers or agents of any private or commercial communications
systems who volunteer the use of their systems on a reimbursable or
nonreimbursable basis for the purpose of providing warning to
governmental authorities and the civilian population endangered by
disasters.
[back to top]
UNITED STATES CODE
title 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68--DISASTER RELIEF
SUBCHAPTER III--MAJOR DISASTER AND EMERGENCY
ASSISTANCE ADMINIStrATION
{301} 5141. Waiver of administrative conditions
Any Federal agency charged with the administration of a Federal
assistance program may, if so requested by the applicant State or
local authorities, modify or waive, for a major disaster, such
administrative conditions for assistance as would otherwise prevent the
giving of assistance under such programs if the inability to meet such
conditions is a result of the major disaster.
5142. Repealed.
Pub.L. 100-707, Title I, 105(a)(2), Nov. 23, 1988, 102 Stat. 4691
{302} 5143. Coordinating officers
(a) Appointment of Federal coordinating officer
Immediately upon his declaration of a major disaster or emergency,
the President shall appoint a Federal coordinating officer to operate
in the affected area.
(b) Functions of federal coordinating officer
In order to effectuate the purposes of this chapter, the Federal
coordinating officer, within the affected area, shall--
(1) make an initial appraisal of the types of relief most urgently
needed;
(2) establish such field offices as he deems necessary and as are
authorized by the President;
(3) coordinate the administration of relief, including activities of
the State and local governments, the American National Red Cross, the
Salvation Army, the Mennonite Disaster Service, and other relief or
disaster assistance organizations, which agree to operate under his
advice or direction, except that nothing contained in this chapter
shall limit or in any way affect the responsibilities of the American
National Red Cross under the Act of January 5, 1905, as amended (33
Stat. 599) [36 U.S.C. 1 et seq.]; and
(4) take such other action, consistent with authority delegated to
him by the President, and consistent with the provisions of this
chapter, as he may deem necessary to assist local citizens and public
officials in promptly obtaining assistance to which they are entitled.
(c) State coordinating officer
When the President determines assistance under this chapter is
necessary, he shall request that the Governor of the affected State
designate a State coordinating officer for the purpose of coordinating
State and local disaster assistance efforts with those of the Federal
Government.
{303} 5144. Emergency support teams
The President shall form emergency support teams of Federal personnel
to be deployed in an area affected by a major disaster or emergency.
Such emergency support teams shall assist the Federal coordinating
officer in carrying out his responsibilities pursuant to this chapter.
Upon request of the President, the head of any Federal agency is
directed to detail to temporary duty with the emergency support teams
on either a reimbursable or nonreimbursable basis, as is determined
necessary by the President, such personnel within the administrative
jurisdiction of the head of the Federal agency as the President may
need or believe to be useful for carrying out the functions of the
emergency support teams, each such detail to be without loss of
seniority, pay, or other employee status.
5145. Repealed.
Pub.L. 100-707, Title I, 105(d), Nov. 23, 1988, 102 Stat. 4691
5146. Repealed.
Pub.L. 100-707, Title I, 105(d), Nov. 23, 1988, 102 Stat. 4691
{304} 5147. Reimbursement of federal agencies
Federal agencies may be reimbursed for expenditures under this
chapter from funds appropriated for the purposes of this chapter.
Any funds received by Federal agencies as reimbursement for services or
supplies furnished under the authority of this chapter shall be
deposited to the credit of the appropriation or appropriations
currently available for such services or supplies.
{305} 5148. Nonliability of Federal Government
The 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 chapter.
{306} 5149. Performance of services
(a) Utilization of services or facilities of state and local
governments
In carrying out the purposes of this chapter, any Federal agency is
authorized to accept and utilize the services or facilities of any
State or local government, or of any agency, office, 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 chapter, any Federal agency is
authorized--
(1) to appoint and fix the compensation of such temporary personnel
as may be necessary, without regard to the provisions of Title 5
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 classification 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.
{307} 5150. Use of local firms and individuals
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, firms, or individuals, preference
shall be given, to the extent feasible and practicable, to those
organizations, firms, and individuals residing or doing business
primarily in the area affected by such major disaster or emergency.
This section shall not be considered to restrict the use of Department
of Defense resources in the provision of major disaster assistance
under this chapter.
{308} 5151. Nondiscrimination in disaster assistance
(a) Regulations for equitable and impartial relief operations
The President shall issue, and may alter and amend, such regulations
as may be necessary for the guidance of personnel carrying out
Federal assistance functions at the site of a major disaster 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, or economic status.
(b) Compliance with regulations as prerequisite to participation by
other bodies in relief operations
As a condition of participation in the distribution of assistance or
supplies under this chapter or of receiving assistance under this
chapter, governmental bodies and other organizations shall be required
to comply with regulations relating to nondiscrimination promulgated by
the President, and such other regulations applicable to activities
within an area affected by a major disaster or emergency as he deems
necessary for the effective coordination of relief efforts.
{309} 5152. Use and coordination of relief organizations
(a) In providing relief and assistance under this chapter, the
President may utilize, with their consent, the personnel and
facilities of the American National Red Cross, the Salvation Army, the
Mennonite Disaster Service, and other relief or disaster assistance
organizations, in the distribution of medicine, food, supplies, or
other items, and in the restoration, rehabilitation, or reconstruction
of community services, housing and essential facilities, whenever the
President finds that such utilization is necessary.
(b) The President is authorized to enter into agreements with the
American National Red Cross, the Salvation Army, the Mennonite
Disaster Service, and other relief or disaster assistance organizations
under which the disaster relief activities of such organizations may be
coordinated by the Federal coordinating officer whenever such
organizations are engaged in providing relief during and after a major
disaster 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 benefits and
guaranteeing nondiscrimination promulgated by the President under this
chapter, and such other regulation as the President may require.
{310} 5153. Priority to certain applications for public facility and
public housing assistance
(a) Priority
In the processing of applications for assistance, priority and
immediate consideration shall be given by the head of the
appropriate Federal agency, during such period as the President
shall prescribe, to applications from public bodies situated in
areas affected by major disasters under the following Acts:
(1) The United States Housing Act of 1937 [42 U.S.C. 1437 et
seq.] for the provision of low-income housing.
(2) Section 462 of Title 40 [Section 702 of the Housing Act of
1954, 42 U.S.C. 462] for assistance in public works planning.
(3) The 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) Section 1926 of Title 7 [Section 306 of the Consolidated
Farm and Rural Development Act of 1965, 7 U.S.C. 1926].
(5) The Public Works and Economic Development Act of 1965 [42
U.S.C. 3121 et seq.].
(6) The Appalachian Regional Development Act of 1965.
(7) The 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.
{311} 5154. Insurance
(a) Applicants for replacement of damaged facilities
(1) Compliance with certain regulations
An applicant for assistance under section 5172 of this title
(relating to repair, restoration, and replacement of damaged
facilities), section 5189 of this title (relating to simplified
procedure) or section 3233 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
certified 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
(relating to repair, restoration, and replacement of damaged
facilities), section 5189 of this title (relating to simplified
procedure), or section 3233 of this title may receive such
assistance for any property or part thereof for which the
applicant has previously received assistance under this chapter
unless all insurance required pursuant to this section has been
obtained and maintained with respect to such property. The
requirements of this subsection may not be waived under section
5141 of this title.
(c) State acting as self-insurer
A State may elect to act as a self-insurer with respect to 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 or 3233 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)
of this section. No such self-insurer may receive assistance
under section 5172 or 5189 of this title for any property or part
thereof for which it has previously received assistance under this
chapter, to the extent that insurance for such property or part
thereof would have been reasonably available.
{312} 5155. Duplication of benefits
(a) General prohibition
The President, in consultation with the head of each Federal
agency administering any program providing financial assistance
to persons, business concerns, or other entities suffering 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 financial assistance under any other program or from
insurance or any other source.
(b) Special rules
(1) Limitation
This section shall not prohibit the provision of Federal
assistance to a person who is or may be entitled to receive
benefits for the same purposes from another source if such person
has not received such other benefits by the time of application
for Federal assistance and if such person agrees to repay all
duplicative assistance to the agency providing the Federal
assistance.
(2) Procedures
The President shall establish such procedures as the President
considers necessary to ensure uniformity in preventing
duplication of benefits.
(3) Effect of partial benefits
Receipt of partial benefits for a major disaster or emergency
shall not preclude provision of additional Federal assistance
for any part of a loss or need for which benefits have not been
provided.
(c) Recovery of duplicative benefits
A person receiving Federal assistance for a major disaster or
emergency shall be liable to the United States to the extent that
such assistance duplicates benefits available to the person for
the same purpose from another source. The 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 chapter, 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 benefit
levels under federally funded income assistance or resource-tested
benefit programs.
{313} 5156. Standards and reviews
The President shall establish comprehensive standards which
shall be used to assess the efficiency and effectiveness of
Federal major disaster and emergency assistance programs
administered under this chapter. The 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 effectiveness of such programs and
consistency in policies for reimbursement of States under this
chapter.
{314} 5157. Penalties
(a) Misuse of funds
Any person who knowingly misapplies the proceeds of a loan or
other cash benefit obtained under this chapter shall be fined an
amount equal to one and one-half times the misapplied amount of
the proceeds or cash benefit.
(b) Civil enforcement
Whenever it appears that any person has violated or is about to
violate any provision of this chapter, including any civil
penalty imposed under this chapter, 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.
(c) Referral to Attorney General
The President shall expeditiously refer to the Attorney General
for appropriate action any evidence developed in the performance
of functions under this chapter that may warrant consideration for
criminal prosecution.
(d) Civil penalty
Any individual who knowingly violates any order or regulation
issued under this chapter shall be subject to a civil penalty of
not more than $5,000 for each violation.
{315} 5158. Availability of materials
The President is authorized, at the request of the Governor of
an affected State, to provide for a survey of construction
materials needed in the area affected 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 after 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 affected 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.
{316} 5159. Protection of environment
An action which is taken or assistance which is provided
pursuant to section 5170a, 5170b, 5172, 5173 or 5192 of this
title, including such assistance provided pursuant to the
procedures provided for in section 5189 of this title, which has
the effect of restoring a facility substantially to its condition
prior to the disaster or emergency, shall not be deemed a major
Federal action significantly affecting the quality of the human
environment within the meaning of the National Environmental
Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.].
Nothing in this section shall alter or affect the applicability of
the National Environmental Policy Act of 1969 to other Federal
actions taken under this chapter or under any other provisions of
law.
{317} 5160. Recovery of assistance
(a) Party liable
Any person who intentionally causes a condition for which
Federal assistance is provided under this chapter or under any
other Federal law as a result of a declaration of a major disaster
or emergency under this chapter 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.
{318} 5161. Audits and investigations
(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 chapter, 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 chapter.
(c) State and local audits
The President may require audits by State and local governments
in connection with assistance under this chapter when necessary
to assure compliance with this chapter or related regulations.
{319} 5162. Advance of Non-Federal Share
(a) In general
The 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 chapter in
any case in which--
(1) the State is unable to assume its financial responsibility
under such cost-sharing provisions--
(A) with respect to concurrent, multiple major disasters in a
jurisdiction, or
(B) after 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 financial
responsibility under this chapter. (b) Terms of loans and
advances
(1) In general
Any loan or advance under this section shall be repaid to the
United States.
(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. (c) Regulations
The President shall issue regulations describing the terms and
conditions under which any loan or advance authorized by this
section may be made.
{320} 5163. Limitation on use of sliding scales
No geographic area shall be precluded from receiving assistance
under this chapter solely by virtue of an arithmetic formula or
sliding scale based on income or population.
{321} 5164. Rules and regulations
The President may prescribe such rules and regulations as may be
necessary and proper to carry out the provisions of this
chapter, and may exercise, either directly or through such Federal
agency as the President may designate, any power or authority
conferred to the President by this chapter.
UNITED STATES CODE
title 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68--DISASTER RELIEF
SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS
{401} 5170. Procedure for declaration
All requests for a declaration by the President that a major
disaster exists shall be made by the Governor of the affected
State. Such a request shall be based on a finding that the
disaster is of such severity and magnitude that effective response
is beyond the capabilities of the State and the affected local
governments and that Federal assistance is necessary. As part of
such request, and as a prerequisite to major disaster assistance
under this chapter, the Governor shall take appropriate response
action under State law and direct execution of the State's
emergency plan. The 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 significant proportion) will comply with all
applicable cost-sharing requirements of this chapter. Based on the
request of a Governor under this section, the President may
declare under this chapter that a major disaster or emergency
exists.
{402} 5170a. General Federal Assistance
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 efforts;
(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 affected State
and local governments for--
(A) the performance of essential community services;
(B) issuance of warnings of risks and hazards;
(C) public health and safety information, including
dissemination of such information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of immediate threats to
public health and safety; and
(4) assist State and local governments in the distribution of
medicine, food, and other consumable supplies, and emergency
assistance.
{403} 5170b. Essential Assistance
(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
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, 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, and other essential needs, including
movement of supplies or persons;
(C) clearance of roads and construction of temporary
bridges necessary to the 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; and
(I) reduction of immediate threats to life, property, and
public health and safety.
(4) Contributions
Making contributions to State or local governments or owners or
operators of private nonprofit facilities for the purpose of
carrying out the provisions of this subsection.
(b) Federal share
The Federal share of assistance under this section shall be not
less than 75 percent of the eligible cost of such assistance.
(c) Utilization of DOD resources
(1) General rule
During the immediate aftermath of an incident which may ultimately
qualify for assistance under this title or title V of this Act [42
U.S.C. 5170 et seq. or 5191 et seq.], 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 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 [42 U.S.C.
5173(b)], relating to unconditional authorization and indemnification
for debris removal.
(3) Expenditures out of disaster relief funds
The 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
The Federal share of assistance under this subsection shall be not
less than 75 percent.
(5) Guidelines
Not later than 180 days after the date of the enactment of the
Disaster Relief and Emergency Assistance Amendments of 1988 [enacted
Nov. 23, 1988], the President shall issue guidelines for carrying out
this subsection. Such guidelines shall consider any likely effect
assistance under this subsection will have on the availability of other
forms of assistance under this Act.
(6) Definitions
For purposes of this section--
(A) Department of Defense
The term 'Department of Defense' has the meaning the term
"department" has under section 101 of title 10, United States
Code.
(B) Emergency work
The term "emergency work" includes clearance and removal of
debris and wreckage and temporary restoration of essential public
facilities and services.
{Sec 404} 5170c. Hazard Mitigation
(a) In General.
The President may contribute up to 75 percent of the cost of hazard
mitigation measures which the President has determined are
cost-effective and which substantially reduce the risk of future damage,
hardship, loss, or suffering in any area affected by a major disaster.
Such measures shall be identified following the evaluation of natural
hazards under section 5176 of this title and shall be subject to
approval by the President. The total of contributions under this section
for a major disaster shall not exceed 15 percent of the estimated
aggregate amount of grants to be made (less any associated
administrative costs) under this chapter with respect to the major
disaster.
(b) Property acquisition and relocation assistance.--
(1) General authority.
In providing hazard mitigation assistance under this section in
connection with flooding, the Director of the Federal Emergency
Management Agency 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 after December 3, 1993, the applicant for the
assistance enters into an agreement with the Director that
provides assurances that--
(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 Director approves in writing
before the commencement of the construction of the
structure; and
(iii) after receipt of the assistance, with respect to
any property acquired, accepted or from which a structure
was removed under the acquisition or relocation program--
(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
affect an agreement for an acquisition or relocation project
carried out pursuant to this section that was in effect on
December 3, 1993.
{405} 5171. Federal facilities
(a) Repair, reconstruction, restoration or replacement of United
States facilities
The 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 specific authorizing legislation or the
making of an appropriation for such purposes, or the obtaining of
congressional committee approval. (b) Availability of funds
appropriated to agency for repair, reconstruction, restoration, or
replacement of agency facilities
In order to carry out the provisions of this section, such
repair, reconstruction, restoration, or replacement may be begun
notwithstanding a lack or an insufficiency of funds appropriated
for such purpose, where such lack or insufficiency can be remedied
by the transfer, in accordance with law, of funds appropriated to
that agency for another purpose. (c) Steps for mitigation of
hazards
In implementing this section, Federal agencies 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.
{406} 5172. Repair, restoration, and replacement of damaged
facilities
(a) Contributions
The President may make contributions--
(1) to a State or local government for the repair, restoration,
reconstruction, or replacement of a public facility which is
damaged or destroyed by a major disaster and for associated
expenses incurred by such government; and
(2) to a person who owns or operates a private nonprofit
facility damaged or destroyed by a major disaster for the
repair, restoration, reconstruction, or replacement of such
facility and for associated expenses incurred by such person.
(b) Minimum Federal share
The Federal share of assistance under this section shall be not
less than--
(1) 75 percent of the net eligible cost of repair, restoration,
reconstruction, or replacement carried out under this section;
(2) 100 percent of associated expenses described in subsections
(f)(1) and (f)(2) of this section; and
(3) 75 percent of associated expenses described in subsections
(f)(3), (f)(4), and (f)(5) of this section.
(c) Large in lieu contributions
(1) For public facilities
In any case where a State or local government determines that
the public welfare would not be best served by repairing,
restoring, reconstructing, or replacing any public facility owned
or controlled by such State or local government, it may elect to
receive, in lieu of a contribution under subsection (a)(1) of
this section, a contribution of not to exceed 90 percent of the
Federal share of the Federal estimate of the cost of repairing,
restoring, reconstructing, or replacing such facility and of
associated expenses. Funds contributed under this subsection may
be used to repair, restore, or expand other selected public
facilities, to construct new facilities, or to fund hazard
mitigation measures which the State or local government
determines to be necessary to meet a need for governmental
services and functions in the area affected by the major
disaster.
(2) For private nonprofit facilities
In any case where a person who owns or operates a private
nonprofit facility determines that the public welfare would not
be best served by repairing, restoring, reconstructing, or
replacing such facility, such person may elect to receive, in
lieu of a contribution under subsection (a)(2) of this section, a
contribution of not to exceed 90 percent of the Federal share of
the Federal estimate of the cost of repairing, restoring,
reconstructing, or replacing such facility and of associated
expenses. Funds contributed under this subsection may be used to
repair, restore, or expand other selected private nonprofit
facilities owned or operated by such person, to construct new
private nonprofit facilities to be owned or operated by such
person, or to fund hazard mitigation measures which such person
determines to be necessary to meet a need for its services and
functions in the area affected by the major disaster.
(3) Restriction on use for State or local contribution
Funds provided under this subsection shall not be used for any
State or local government cost-sharing contribution required
under this chapter. (d) Flood insurance
(1) Reduction of Federal assistance
If a public facility or private nonprofit facility located in a
special flood hazard area identified for more than 1 year by
the Director pursuant to the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.) is damaged or destroyed, after the 180th
day following November 23, 1988, by flooding in a major disaster
and such facility is not covered on the date of such flooding by
flood insurance, the Federal assistance which would otherwise be
available under this section with respect to repair, restoration,
reconstruction, and replacement of such facility and associated
expenses shall be reduced in accordance with paragraph (2).
(2) Amount of reduction
The 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 flood 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 flood insurance under the National Flood
Insurance Act of 1968 [42 U.S.C. 4001 et seq.] on such date.
(3) Exception
Paragraphs (1) and (2) shall not apply to a private nonprofit
facility which is not covered by flood insurance solely because
of the local government's failure to participate in the flood
insurance program established by the National Flood Insurance
Act.
(4) Dissemination of information
The President shall disseminate information regarding the
reduction in Federal assistance provided for by this subsection
to State and local governments and the owners and operators of
private nonprofit facilities who may be affected by such a
reduction. (e) Net eligible cost
(1) General rule
For purposes of this section, the cost of repairing, restoring,
reconstructing, or replacing a public facility or private
nonprofit facility on the basis of the design of such facility as
it existed immediately prior to the major disaster and in
conformity with current applicable codes, specifications, and
standards (including floodplain management and hazard mitigation
criteria required by the President or by the Coastal Barrier
Resources Act (16 U.S.C. 3501 et seq.)) shall, at a minimum, be
treated as the net eligible cost of such repair, restoration,
reconstruction, or replacement.
(2) 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 such facility
shall include, for purposes of this section, only those costs
which, under the contract for such construction, are the owner's
responsibility and not the contractor's responsibility. (f)
Associated expenses
For purposes of this section, associated expenses include the
following:
(1) Necessary costs
Necessary costs of requesting, obtaining, and administering
Federal assistance based on a percentage of assistance provided
as follows:
(A) For an applicant whose net eligible costs equal less than
$100,000, 3 percent of such net eligible costs.
(B) For an applicant whose net eligible costs equal $100,000
or more but less than $1,000,000, $3,000 plus 2 percent of
such net eligible costs in excess of $100,000.
(C) For an applicant whose net eligible costs equal $1,000,000
or more but less than $5,000,000, $21,000 plus 1 percent of
such net eligible costs in excess of $1,000,000.
(D) For an applicant whose net eligible costs equal $5,000,000
or more, $61,000 plus 1/2 percent of such net eligible costs
in excess of $5,000,000.
(2) Extraordinary costs
Extraordinary costs incurred by a State for preparation of
damage survey reports, final inspection reports, project
applications, final audits, and related field inspections by
State employees, including overtime pay and per diem and travel
expenses of such employees, but not including pay for regular
time of such employees, based on the total amount of assistance
provided under sections 5170b, 5170c, 5172, 5173, 5192 and 5193
of this title in such State in connection with the major disaster
as follows:
(A) If such total amount is less than $100,000, 3 percent of
such total amount.
(B) If such total amount is $100,000 or more but less than
$1,000,000, $3,000 plus 2 percent of such total amount in
excess of $100,000.
(C) If such total amount is $1,000,000 or more but less than
$5,000,000, $21,000 plus 1 percent of such total amount in
excess of $1,000,000.
(D) If such total amount is $5,000,000 or more, $61,000 plus
1/2 percent of such total amount in excess of $5,000,000.
(3) Costs of National Guard
The costs of mobilizing and employing the National Guard for
performance of eligible work.
(4) Costs of prison labor
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.
(5) Other labor costs
Base and overtime wages for an applicant's employees and extra
hires performing eligible work plus fringe benefits on such
wages to the extent that such benefits were being paid before the
disaster.
{407} 5173. Debris removal
(a) Presidential authority
The President may make contributions--
(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 nonprofit 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
affected State or local government shall first 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 first agree to
indemnify the Federal Government against any claim arising from
such removal. (c) Rules relating to large lots
The President shall issue rules which provide for recognition of
differences existing among urban, suburban, and rural lands in
implementation of this section so as to facilitate adequate
removal of debris and wreckage from large lots. (d) Federal share
The Federal share of assistance under this section shall be not
less than 75 percent of the eligible cost of debris and wreckage
removal carried out under this section.
{408} 5174. Temporary housing assistance
(a) Provision of temporary housing
(1) In general
The President may--
(A) provide, by purchase or lease, temporary housing
(including unoccupied habitable dwellings), suitable rental
housing, mobile homes, or other readily fabricated dwellings to
persons who, as a result of a major disaster, require temporary
housing; and
(B) reimburse State and local governments in accordance with
paragraph (4) for the cost of sites provided under paragraph
(2).
(2) Mobile home site
(A) In general
Any mobile home or other readily fabricated dwelling provided
under this section shall whenever possible be located on a site
which--
(i) is provided by the State or local government; and
(ii) has utilities 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) Other sites
Mobile homes and other readily fabricated dwellings may be
located on sites provided by the President if the President
determines that such sites would be more economical or
accessible than sites described in subparagraph (A).
(3) Period
Federal financial and operational assistance under this section
shall continue for not longer than 18 months after the date of
the major disaster declaration by the President, unless the
President determines that due to extraordinary circumstances it
would be in the public interest to extend such 18-month period.
(4) Federal share
The Federal share of assistance under this section shall be 100
percent; except that the Federal share of assistance under
this section for construction and site development costs
(including installation of utilities) at a mobile home group site
shall be 75 percent of the eligible cost of such assistance. The
State or local government receiving assistance under this section
shall pay any cost which is not paid for from the Federal share.
(b) Temporary mortgage and rental payments
The President is authorized to provide assistance on a temporary
basis in the form of mortgage or rental payments to or on behalf
of individuals and families who, as a result of financial hardship
caused by a major disaster, have received written notice of
dispossession or eviction from a residence by reason of a
foreclosure of any mortgage or lien, cancellation of any contract
of sale, or termination of any lease, entered into prior to such
disaster. Such assistance shall be provided for the duration of
the period of financial hardship but not to exceed 18 months. (c)
In lieu expenditures
In lieu of providing other types of temporary housing after a
major disaster, the President is authorized to make expenditures
for the purpose of repairing or restoring to a habitable condition
owner-occupied private residential structures made uninhabitable
by a major disaster which are capable of being restored quickly to
a habitable condition. (d) Transfer of temporary housing
(1) Direct sale to occupants
Notwithstanding any other provision of law, any temporary
housing acquired by purchase may be sold directly to individuals
and families who are occupants of temporary housing at prices that
are fair and equitable, as determined by the President.
(2) Transfers to states, local governments, and voluntary
organizations
The President may sell or otherwise make available temporary
housing units directly to States, other governmental entities,
and voluntary organizations. The President shall impose as a
condition of transfer under this paragraph a covenant to comply
with the provisions of section 308 [42 U.S.C. 5171] requiring
nondiscrimination in occupancy of such temporary housing units.
Such disposition shall be limited to units purchased under the
provisions of subsection (a) of this section and to the purposes
of providing temporary housing for disaster victims in major
disasters or emergencies. (e) Notification
(1) In general
Each person who applies for assistance under this section shall
be notified regarding the type and amount of any assistance for
which such person qualifies. Whenever practicable, such notice
shall be provided within 7 days after the date of submission of
such application.
(2) Information
Notification under this subsection shall provide information
regarding--
(A) all forms of such assistance available;
(B) any specific criteria which must be met to qualify for
each type of assistance that is available;
(C) any limitations which apply to each type of assistance;
and
(D) the address and telephone number of offices responsible
for responding to--
(i) appeals of determinations of eligibility for assistance;
and
(ii) requests for changes in the type or amount of assistance
provided. (f) Location
In providing assistance under this section, consideration shall
be given to the location of and travel time to--
(1) the applicant's home and place of business;
(2) schools which the applicant or members of the applicant's
family who reside with the applicant attend; and
(3) crops or livestock which the applicant tends in the course
of any involvement in farming which provides 25 percent or more
of the applicant's annual income.
5175. Repealed.
Pub.L. 100-707, Title I, 105(m)(2), Nov. 23, 1988, 102 Stat.
4696
{409} 5176. Minimum standards for public and private structures
As a condition of any disaster loan or grant made under the
provisions of this chapter, the recipient shall agree that any
repair or construction to be financed therewith shall be in
accordance with applicable standards of safety, decency, and
sanitation and in conformity with applicable codes,
specifications, and standards, and shall furnish such evidence of
compliance with this section as may be required by regulation. As
a further condition of any loan or grant made under the provisions
of this chapter, the State or local government shall agree that
the natural hazards in the areas in which the proceeds of the
grants or loans are to be used shall be evaluated and appropriate
action shall be taken to mitigate such hazards, including safe
land-use and construction practices, in accordance with standards
prescribed or approved by the President after adequate
consultation with the appropriate elected officials of general
purpose local governments, and the State shall furnish such
evidence of compliance with this section as may be required by
regulation.
{410} 5177. Unemployment assistance
(a) Benefit assistance
The President is authorized to provide to any individual
unemployed as a result of a major disaster such benefit
assistance as he deems appropriate while such individual is
unemployed for the weeks of such unemployment with respect to
which the individual is not entitled to any other unemployment
compensation (as that term is defined in section 85(b) of Title
26) or waiting period credit. Such assistance as the President
shall provide shall be available to an individual as long as the
individual's unemployment caused by the major disaster continues
or until the individual is reemployed in a suitable position, but
no longer than 26 weeks after 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. The
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 chapter, reemployment assistance services
under any other law administered by the State to individuals
receiving benefits under this section.
(2) Federal assistance
The President may provide reemployment assistance services
under other laws to individuals who are unemployed as a result
of a major disaster and who reside in a State which does not
provide such services.
{411} 5178. Individual and family grant programs
(a) In general
The President is authorized to make a grant to a State for the
purpose of making grants to individuals or families adversely
affected by a major disaster for meeting disaster-related
necessary expenses or serious needs of such individuals or
families in those cases where such individuals or families are
unable to meet such expenses or needs through assistance under
other provisions of this chapter or through other means.
(b) Cost sharing
(1) Federal share
The Federal share of a grant to an individual or a family under
this section shall be equal to 75 percent of the actual cost
incurred.
(2) State contribution
The Federal share of a grant under this section shall be paid
only on condition that the remaining 25 percent of the cost is
paid to an individual or family from funds made available by a
State. (c) Regulations
The President shall promulgate regulations to carry out this
section and such regulations shall include national criteria,
standards, and procedures for the determination of eligibility for
grants and the administration of grants under this section. (d)
Administrative expenses
A State may expend not to exceed 5 percent of any grant made by
the President to it under subsection (a) of this section for
expenses of administering grants to individuals and families under
this section. (e) Administration through Governor
The Governor of a State shall administer the grant program
authorized by this section in the State. (f) Limit on grants to
individual
No individual or family shall receive grants under this section
aggregating more than $10,000 with respect to any single major
disaster. Such $10,000 limit shall annually be adjusted to
reflect changes in the Consumer Price Index for All Urban
Consumers published by the Department of Labor.
{412} 5179. Food coupons and distribution
(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 coupon
allotments to such households pursuant to the provisions of the
Food Stamp Act of 1964 (Pub.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 chapter. (b) Duration of assistance;
factors considered
The President, through the Secretary of Agriculture or other
appropriate agencies, is authorized to continue to make such
coupon 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. (c) Food Stamp Act provisions unaffected
Nothing in this section shall be construed as amending or
otherwise changing the provisions of the Food Stamp Act of 1964
[7 U.S.C.A. 2011 et seq.] except as they relate to the
availability of food stamps in an area affected by a major
disaster.
{413} 5180. Food commodities
(a) Emergency mass feeding
The President is authorized and directed to assure that adequate
stocks of food will be ready and conveniently available for
emergency mass feeding or distribution in any area of the United
States which suffers a major disaster or emergency.
(b) Funds for purchase of food commodities
The 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.
{414} 5181. Relocation assistance
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 Acquisition
Policies Act of 1970 (Pub.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.
{415} 5182. Legal services
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 chapter, the President shall
assure that such programs are conducted with the advice and
assistance of appropriate Federal agencies and State and local bar
associations.
{416} 5183. Crisis counseling assistance and training
The President is authorized to provide professional counseling
services, including financial 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 aftermath.
{417} 5184. Community disaster loans
(a) The President is authorized to make loans to any local
government which may suffer a substantial loss of tax and other
revenues as a result of a major disaster, and has demonstrated a
need for financial assistance in order to perform its governmental
functions. The amount of any such loan shall be based on need,
and shall not exceed 25 per centum of the annual operating budget
of that local government for the fiscal year in which the major
disaster occurs. Repayment of all or any part of such loan to the
extent that revenues of the local government during the three full
fiscal year period following the major disaster are insufficient
to meet the operating budget of the local government, including
additional disaster-related expenses of a municipal operation
character shall be cancelled.
(b) Any loans made under this section shall not reduce or
otherwise affect any grants or other assistance under this
chapter.
{418} 5185. Emergency communications
The 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 officials and other persons as he
deems appropriate.
{419} 5186. Emergency public transportation
The President is authorized to provide temporary public
transportation service in an area affected by a major disaster
to meet emergency needs and to provide transportation to
governmental offices, supply centers, stores, post offices,
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.
{420} 5187. Fire suppression grants
The President is authorized to provide assistance, including
grants, equipment, supplies, and personnel, to any State for the
suppression of any fire on publicly or privately owned forest or
grassland which threatens such destruction as would constitute a
major disaster.
{421} 5188. Timber sale contracts
(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 specified road or of any other
specified 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 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. (c) Public notice of sale
The Secretary of Agriculture is authorized to reduce to seven
days the minimum period of advance public notice required by
section 476 of Title 16, 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
The 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.
{422} 5189. Simplified procedure
If the Federal estimate of the cost of--
(1) repairing, restoring, reconstructing, or replacing under
section 5172 of this title any damaged or destroyed public
facility or private nonprofit facility,
(2) emergency assistance under section 5170b or 5192 of this
title, or
(3) debris removed under section 5173 of this title,
is less than $35,000, the President (on application of the State
or local government or the owner or operator of the private
nonprofit 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, as the case may be, on the basis of
such Federal estimate. Such $35,000 amount shall be adjusted
annually to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Department of Labor.
{423} 5189a. Appeals of assistance decisions
(a) Right of appeal
Any decision regarding eligibility for, from, or amount of
assistance under this subchapter may be appealed within 60 days
after the date on which the applicant for such assistance is
notified of the award or denial of award of such assistance.
(b)
Period for decision
A decision regarding an appeal under subsection (a) of this
section shall be rendered within 90 days after the date on which
the Federal official designated to administer such appeals
receives notice of such appeal.
(c) Rules
The President shall issue rules which provide for the fair and
impartial consideration of appeals under this section.
{424} 5189b. Date of eligibility;
expenses incurred before date of disaster
Eligibility for Federal assistance under this subchapter shall
begin on the date of the occurrence of the event which results
in a declaration 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 chapter.
UNITED STATES CODE title 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68--DISASTER RELIEF
SUBCHAPTER IV-A--EMERGENCY ASSISTANCE PROGRAMS
{501} 5191. Procedure for declaration
(a) Request and declaration
All requests for a declaration by the President that an
emergency exists shall be made by the Governor of the affected
State. Such a request shall be based on a finding that the
situation is of such severity and magnitude that effective
response is beyond the capabilities of the State and the affected
local governments and that Federal assistance is necessary. As a
part of such request, and as a prerequisite to emergency
assistance under this chapter, the Governor shall take appropriate
action under State law and direct execution of the State's
emergency plan. The Governor shall furnish information describing
the State and local efforts and resources which have been or will
be used to alleviate the emergency, and will define 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
The President may exercise any authority vested in him by
section 5192 of this title or section 5193 of this title 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 affected State, if practicable. The President's determination
may be made without regard to subsection (a) of this section.
{502} 5192. Federal emergency assistance
(a) Specified
In any emergency, 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 emergency assistance efforts to save
lives, protect property and public health and safety, and lessen
or avert the threat of a catastrophe;
(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 affected State
and local governments for--
(A) the performance of essential community services;
(B) issuance of warnings of risks or hazards;
(C) public health and safety information, including
dissemination of such information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of immediate threats to
public health and safety;
(4) provide emergency assistance through Federal agencies;
(5) remove debris in accordance with the terms and conditions of
section 5173 of this title;
(6) provide temporary housing assistance in accordance with
section 5174 of this title; and
(7) assist State and local governments in the distribution of
medicine, food, and other consumable supplies, and emergency
assistance.
(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 efforts to
save lives, protect property and public health and safety, and
lessen or avert the threat of a catastrophe.
{503} 5193. Amount of assistance
(a) Federal share
The Federal share for assistance provided under this subchapter
shall be equal to not less than 75 percent of the eligible costs.
(b) Limit on amount of assistance
(1) In general
Except as provided in paragraph (2), total assistance provided
under this subchapter for a single emergency shall not exceed
$5,000,000.
(2) Additional assistance
The 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
(C) necessary assistance will not otherwise be provided on a
timely basis.
(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.
UNITED STATES CODE title 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68--DISASTER RELIEF
SUBCHAPTER IV-B--EMERGENCY PREPAREDNESS
{601} 5195. Declaration of policy
The purpose of this subchapter 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. The 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 effectively utilized to
provide relief and assistance to people in areas of the United
States struck by a hazard. The Federal Government shall provide
necessary direction, coordination, and guidance, and shall provide
necessary assistance, as authorized in this subchapter so that a
comprehensive emergency preparedness system exists for all
hazards.
{602} 5195a. Definitions
(a) Definitions
For purposes of this subchapter only:
(1) Hazard
The term "hazard" means an emergency or disaster resulting
from--
(A) a natural disaster; or
(B) an accidental or man-caused event.
(2) Natural disaster
The term "natural disaster" means any hurricane, tornado, storm,
flood, high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide, snowstorm,
drought, fire, or other catastrophe in any part of the United
States which causes, or which may cause, substantial damage or
injury to civilian property or persons.
(3) Emergency preparedness
The term "emergency preparedness" means all those activities and
measures designed or undertaken to prepare for or minimize the
effects of a hazard upon the civilian population, to deal with
the immediate emergency conditions which would be created by the
hazard, and to effectuate 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 traffic and panic, and
the control and use of lighting and civil communications).
(C) Measures to be undertaken following a hazard (including
activities for fire fighting, rescue, emergency medical,
health and sanitation services, monitoring for specific 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
The term "organizational equipment" means equipment determined
by the Director 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 financed in whole or
in part by the Federal Government. Such term does not include
those items which the local community normally uses in combating
local disasters, except when required in unusual quantities
dictated by the requirements of the emergency preparedness plans.
(5) Materials
The term "materials" includes raw materials, supplies,
medicines, equipment, component parts and technical information
and processes necessary for emergency preparedness.
(6) Facilities
The term "facilities", except as otherwise provided in this
subchapter, includes buildings, shelters, utilities, and land.
(7) Director
The term "Director" means the Director of the Federal Emergency
Management Agency.
(8) Neighboring countries
The term "neighboring countries" includes Canada and Mexico.
(9) United States and States
The terms "United States" and "States" includes the several
States, the District of Columbia, and territories and
possessions of the United States.
(10) State
The term "State" includes interstate emergency preparedness
authorities established under section 5196(h) of this title.
(b) Cross reference
The 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
subchapter.
{603} 5195b. Administration of subchapter
This subchapter shall be carried out by the Director of the
Federal Emergency Management Agency.
{611} 5196. Detailed functions of administration
(a) In general
In order to carry out the policy described in section 5195 of
this title, the Director shall have the authorities provided in
this section.
(b) Federal emergency response plans and programs
The Director 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
efforts, the Director 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.
(c) Delegation of emergency preparedness responsibilities
With the approval of the President, the Director 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
The Director 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
The Director may study and develop emergency preparedness
measures designed to afford adequate protection of life and
property, including--
(1) research and studies as to the best methods of treating the
effects of hazards;
(2) developing shelter designs and materials for protective
covering or construction; and
(3) developing equipment or facilities and effecting the
standardization thereof to meet emergency preparedness
requirements.
(f) Training programs
(1) The Director may--
(A) conduct or arrange, by contract or otherwise, for training
programs for the instruction of emergency preparedness
officials 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 Director; and
(C) provide instructors and training aids as necessary.
(2) The terms prescribed by the Director for the payment of
travel expenses and per diem allowances authorized by this
subsection shall include a provision that such payment shall not
exceed one-half of the total cost of such expenses.
(3) The Director may lease real property required for the
purpose of carrying out this subsection, but may not acquire fee
title to property unless specifically authorized by law.
(g) Public dissemination of emergency preparedness information
The Director may publicly disseminate appropriate emergency
preparedness information by all appropriate means.
(h) Interstate emergency preparedness compacts
(1) The Director 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;
(C) assist and coordinate the activities under such compacts;
and
(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.
(2) A copy of each interstate emergency preparedness compact
shall be transmitted promptly to the Senate and the House of
Representatives. The 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
(3) Nothing in this subsection shall be construed as preventing
Congress from disapproving, or withdrawing at any time its
consent to, any interstate emergency preparedness compact. (i)
Materials and facilities
(1) The Director 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 subchapter before the approval of title by the Attorney
General as required by section 255 of Title 40.
(3) The Director shall submit to Congress a report, at least
quarterly, describing all property acquisitions made pursuant to
this subsection.
(4) The Director may lease real property required for the
purpose of carrying out the provisions of this subsection, but
shall not acquire fee title to property unless specifically
authorized by law.
(5) The Director 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 Director shall
prescribe. (j) Financial contributions
(1) The Director may make financial contributions, on the basis
of programs or projects approved by the Director, 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 Director shall prescribe, including the method of purchase,
the quantity, quality, or specifications 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) 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.
(3) The amounts authorized to be contributed by the Director to
each State for organizational equipment shall be equally matched
by such State from any source it determines is consistent with
its laws.
(4) 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 Director for such
facilities in each fiscal year and apportioning such funds among
the States in the ratio which the urban population of the critical
target areas (as determined by the Director) 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.
(5) The amounts authorized to be contributed by the Director 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 Director may reallocate such amounts to other States
under the formula described in paragraph (4). The 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.
(6) The 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 Director. The Director 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 Director, be capable of
producing sufficient revenue to provide reasonable assurance of
the retirement or repayment of such cost; except that (subject to
the preceding provisions of this subsection) the Director may make
a contribution to any State toward that portion of the cost of the
construction, reconstruction, or enlargement of any facility which
the Director 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 Director necessary for the
use of such facility for emergency preparedness purposes.
(7) The Director shall submit to Congress a report, at least
annually, regarding all contributions made pursuant to this
subsection.
(8) All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed
with the assistance of any contribution of Federal funds made by
the Director 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 the Act of March 3, 1931 (commonly known as the Davis-Bacon
Act (40 U.S.C. 276a to 276a-5)), 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. The Director shall make no
contribution of Federal funds without first obtaining adequate
assurance that these labor standards will be maintained upon the
construction work. The Secretary of Labor shall have, with
respect to the labor standards specified in this subsection, the
authority and functions set forth in Reorganization Plan Numbered
14 of 1950 (5 U.S.C.App.) and section 276c of Title 40. (k) Sale
or disposal of certain materials and facilities
The Director may arrange for the sale or disposal of materials
and facilities found by the Director to be unnecessary or
unsuitable for emergency preparedness purposes in the same manner
as provided for excess property under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). 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.
{612} 5196a. Mutual aid pacts between States
and neighboring countries
The Director shall give all practicable assistance to States in
arranging, through the Department of State, mutual emergency
preparedness aid between the States and neighboring countries.
{613} 5196b. Contributions for personnel and
administrative expenses
(a) General authority
To further assist in carrying out the purposes of this
subchapter, the Director may make financial contributions to the
States (including interstate emergency preparedness authorities
established pursuant to section 5196(h) of this title) 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. The financial 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
effect 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 financial 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, pursuant to standards approved
by the Director;
(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 Director may require; and
(6) make available to duly authorized representatives of the
Director and the Comptroller General, books, records, and papers
necessary to conduct audits for the purposes of this section.
(c) Terms and conditions
The Director shall establish such other terms and conditions as
the Director considers necessary and proper to carry out this
section.
(d) Application of other provisions
In carrying out this section, the provisions of sections 5196(h)
and 5197(h) of this title shall apply. (e) Allocation of funds
For each fiscal year concerned, the Director shall allocate to
each State, in accordance with regulations and the total sum
appropriated under this subchapter, 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
affected 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
Director shall prescribe. The Director 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. (f) Submission of plan
If a State fails to submit a plan for approval as required by
this section within 60 days after the Director notifies the
States of the allocations under this section, the Director may
reallocate such funds, or portions thereof, among the other States
in such amounts as, in the judgment of the Director, will best
assure the adequate development of the emergency preparedness
capability of the United States. (g) Annual reports
The Director shall report annually to the Congress all
contributions made pursuant to this section.
{614} 5196c. Requirement for State matching funds for
construction of emergency operating centers
Notwithstanding any other provision of this subchapter, funds
appropriated to carry out this subchapter may not be used for
the purpose of constructing emergency operating centers (or
similar facilities) in any State unless such State matches in an
equal amount the amount made available to such State under this
subchapter for such purpose.
{615} 5196d. Use of funds to prepare for and respond
to hazards
Funds made available to the States under this subchapter 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 Subchapter for emergency preparedness activities and
measures related to Hazards.
{621} 5197. Administrative authority
(a) In general
For the purpose of carrying out the powers and duties assigned
to the Director under this subchapter, the Director may exercise
the administrative authorities provided under this section.
(b) Advisory personnel
(1) The Director 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
Director considers to be necessary in carrying out the provisions
of this subchapter.
(2) Persons holding other offices 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
Director. (c) Services of other agency personnel and volunteers
The Director may--
(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 offices 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 Director may
accept gifts of supplies, equipment, and facilities and may use
or distribute such gifts for emergency preparedness purposes in
accordance with the provisions of this subchapter.
(e) Reimbursement
The Director may reimburse any Federal agency for any of its
expenditures or for compensation of its personnel and use or
consumption of its materials and facilities under this subchapter
to the extent funds are available.
(f) Printing
The Director may purchase such printing, binding, and blank-book
work from public, commercial, or private printing establishments
or binderies as the Director considers necessary upon orders
placed by the Public Printer or upon waivers issued in accordance
with section 504 of Title 44.
(g) Rules and regulations
The Director may prescribe such rules and regulations as may be
necessary and proper to carry out any of the provisions of this
subchapter and perform any of the powers and duties provided by
this subchapter. The Director may perform any of the powers and
duties provided by this subchapter through or with the aid of such
officials of the Federal Emergency Management Agency as the
Director may designate.
(h) Failure to expend contributions correctly
(1) When, after reasonable notice and opportunity for hearing to
the State or other person involved, the Director finds that
there is a failure to expend funds in accordance with the
regulations, terms, and conditions established under this
subchapter for approved emergency preparedness plans, programs, or
projects, the Director may notify such State or person that
further payments will not be made to the State or person from
appropriations under this subchapter (or from funds otherwise
available for the purposes of this subchapter for any approved
plan, program, or project with respect to which there is such
failure to comply) until the Director is satisfied that there will
no longer be any such failure.
(2) Until so satisfied, the Director shall either withhold the
payment of any financial 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.
{ 622}
5197a.
Security
regulations
(a) Establishment
The Director shall establish such security requirements and
safeguards, including restrictions with respect to access to
information and property as the Director considers necessary. (b)
Limitations on employee access to information
No employee of the Federal Emergency Management Agency shall be
permitted to have access to information or property with respect
to which access restrictions have been established under this
section, until it shall have been determined that no information
is contained in the files of the Federal Bureau of Investigation
or any other investigative agency of the Government indicating
that such employee is of questionable loyalty or reliability for
security purposes, or if any such information is so disclosed,
until the Federal Bureau of Investigation shall have conducted a
full field investigation concerning such person and a report
thereon shall have been evaluated in writing by the Director. (c)
National security positions
No employee of the Federal Emergency Management Agency shall
occupy any position determined by the Director to be of critical
importance from the standpoint of national security until a full
field investigation concerning such employee shall have been
conducted by the Director of the Office of Personnel Management
and a report thereon shall have been evaluated in writing by the
Director of the Federal Emergency Management Agency. In the event
such full field investigation by the Director of the Office of
Personnel Management develops any data reflecting that such
applicant for a position of critical importance is of questionable
loyalty or reliability for security purposes, or if the Director
of the Federal Emergency Management Agency for any other reason
considers it to be advisable, such investigation shall be
discontinued and a report thereon shall be referred to the
Director of the Federal Emergency Management Agency for evaluation
in writing. Thereafter, the Director of the Federal Emergency
Management Agency may refer the matter to the Federal Bureau of
Investigation for the conduct of a full field investigation by
such Bureau. The result of such latter investigation by such
Bureau shall be furnished to the Director of the Federal Emergency
Management Agency for action. (d) Employee oaths
Each Federal employee of the Federal Emergency Management Agency
acting under the authority of this subchapter, except the
subjects of the United Kingdom and citizens of Canada specified in
section 5197(b) of this title, shall execute the loyalty oath or
appointment affidavits prescribed by the Director of the Office 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 affirm) 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 affirm) that I do not advocate, nor
am I a member or an affiliate 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 affiliate of any organization, group, or combination
of persons that advocates the overthrow of the Government of the
United States by force or violence."
After appointment and qualification for office, the director of
emergency preparedness of any State, and any subordinate
emergency preparedness officer within such State designated by the
director in writing, shall be qualified 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.
{ 623}
5197b.
Use
of
existing
facilities
In performing duties under this subchapter, the Director--
(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 Director, with the written
approval of the President, shall determine that such duplication
is necessary to accomplish the purposes of this subchapter.
{624} 5197c. Annual report to Congress
The Director shall annually submit a written report to the
President and Congress covering expenditures, contributions,
work, and accomplishments of the Federal Emergency Management
Agency pursuant to this subchapter, accompanied by such
r |