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ROBERT T. STAFFORD DISASTER RELIEF AND

EMERGENCY ASSISTANCE ACT
[Public Law 93–288; Approved May 22, 1974]
[As Amended Through P.L. 118–44, Enacted March 18, 2024]
øCurrency: This publication is a compilation of the text of Public Law 93-288. It was
last amended by the public law listed in the As Amended Through note above and
below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/¿

øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

AN ACT Entitled the ‘‘Disaster Relief Act Amendments of 1974’’.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act’’.
ø42 U.S.C. 5121 note¿

TITLE I—FINDINGS, DECLARATIONS, AND DEFINITIONS

FINDINGS AND DECLARATIONS

SEC. 101. (a) The Congress hereby finds and declares that—
(1) because disasters often cause loss of life, human suf-
fering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning
of governments and communities, and adversely affect individ-
uals and families with great severity;
special measures, designed to assist the efforts of the affected
States in expediting the rendering of aid, assistance, and emer-
gency services, and the reconstruction and rehabilitation of dev-
astated areas, are necessary.
(b) It is the intent of the Congress, by this Act, to provide an
orderly and continuing means of assistance by the Federal Govern-
ment to State and local governments in carrying out their respon-
sibilities to alleviate the suffering and damage which result from
such disasters by—
(1) revising and broadening the scope of existing disaster
relief programs;
1
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Sec. 102 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 2

(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 sup-
plement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce
losses from disasters, including development of land use and
construction regulations;
(6) providing Federal assistance programs for both public
and private losses sustained in disasters; and
(7) identifying and improving the climate and natural haz-
ard resilience of vulnerable communities.
ø42 U.S.C. 5121¿

DEFINITIONS

SEC. 102. As used in this Act—

(1) EMERGENCY.—‘‘Emergency’’ means any occasion or in-
stance for which, in the determination of the President, Fed-
eral 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 catas-
trophe 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, vol-
canic 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 Act to supplement the ef-
forts 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, and the Commonwealth of the Northern Mariana Is-
lands.
(4) ‘‘State’’ means any State of the United States, the Dis-
trict of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(5) ‘‘Governor’’ means the chief executive of any State.
(6) INDIAN TRIBAL GOVERNMENT.—The term ‘‘Indian tribal
government’’ means the governing body of any Indian or Alas-
ka Native tribe, band, nation, pueblo, village, or community
that the Secretary of the Interior acknowledges to exist as an
Indian tribe under the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 479a et seq.).
(7) INDIVIDUAL WITH A DISABILITY.—The term ‘‘individual
with a disability’’ means an individual with a disability as de-
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3 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 102

fined in section 3(2) of the Americans with Disabilities Act of

1990 (42 U.S.C. 12102(2)).
(8) LOCAL GOVERNMENT.—The term ‘‘local government’’
means—
(A) a county, municipality, city, town, township, local
public authority, school district, special district, intrastate
district, council of governments (regardless of whether the
council of governments is incorporated as a nonprofit cor-
poration under State law), regional or interstate govern-
ment entity, or agency or instrumentality of a local govern-
ment;
(B) an Indian tribe or authorized tribal organization,
or Alaska Native village or organization, that is not an In-
dian tribal government as defined in paragraph (6); and
(C) a rural community, unincorporated town or village,
or other public entity, for which an application for assist-
ance is made by a State or political subdivision of a State.
(9) ‘‘Federal agency’’ means any department, independent
establishment, Government corporation, or other agency of the
executive branch of the Federal Government, including the
United States Postal Service, but shall not include the Amer-
ican National Red Cross.
(10) PUBLIC FACILITY.—‘‘Public facility’’ means the fol-
lowing facilities owned by a State or local government:
(A) Any flood control, navigation, irrigation, reclama-
tion, 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, in-
cluding those used for educational, recreational, or cultural
purposes.
(D) Any park.
(11) PRIVATE NONPROFIT FACILITY.—
(A) IN GENERAL.—The term ‘‘private nonprofit facility’’
means private nonprofit educational (without regard to the
religious character of the facility), center-based childcare,
utility, irrigation, emergency, medical, rehabilitational,
and temporary or permanent custodial care facilities (in-
cluding those for the aged and disabled) and facilities on
Indian reservations, as defined by the President.
(B) ADDITIONAL FACILITIES.—In addition to the facili-
ties described in subparagraph (A), the term ‘‘private non-
profit facility’’ includes any private nonprofit facility that
provides essential social services to the general public (in-
cluding museums, zoos, performing arts facilities, commu-
nity arts centers, community centers, libraries, homeless
shelters, senior citizen centers, rehabilitation facilities,
shelter workshops, food banks, broadcasting facilities,
houses of worship, and facilities that provide health and
safety services of a governmental nature), as defined by
the President. No house of worship may be excluded from
this definition because leadership or membership in the or-
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Sec. 103 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 4

ganization operating the house of worship is limited to per-

sons who share a religious faith or practice.
(12) CHIEF EXECUTIVE.—The term ‘‘Chief Executive’’ means
the person who is the Chief, Chairman, Governor, President, or
similar executive official of an Indian tribal government.
ø42 U.S.C. 5122¿

SEC. 103. REFERENCES.

Except as otherwise specifically provided, any reference in this
Act to ‘‘State and local’’, ‘‘State or local’’, ‘‘State, and local’’, ‘‘State,
or local’’, or ‘‘State, local’’ (including plurals) with respect to govern-
ments or officials and any reference to a ‘‘local government’’ in sec-
tions 406(d)(3) and 417 is deemed to refer also to Indian tribal gov-
ernments and officials, as appropriate.
ø42 U.S.C. 5123¿

TITLE II—DISASTER PREPAREDNESS

AND MITIGATION ASSISTANCE
FEDERAL AND STATE DISASTER PREPAREDNESS PROGRAMS

SEC. 201. (a) The President is authorized to establish a pro-

gram of disaster preparedness that utilizes services of all appro-
priate agencies and includes—
(1) preparation of disaster preparedness plans for mitiga-
tion, warning, emergency operations, rehabilitation, and recov-
ery;
(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) 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) 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 dis-
aster preparedness and prevention. Such grants shall be applied
for within one year from the date of enactment of this Act. Any
State desiring financial assistance under this section shall des-
ignate 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 indi-
viduals, businesses, and local governments; and
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5 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 203

(2) include provisions for appointment and training of ap-

propriate staffs, formulation of necessary regulations and pro-
cedures and conduct of required exercises.
(d) 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.
ø42 U.S.C. 5131¿

DISASTER WARNINGS

SEC. 202. (a) The President shall insure that all appropriate
Federal agencies are prepared to issue warnings of disasters to
State and local officials.
(b) The President shall direct appropriate Federal agencies to
provide technical assistance to State and local governments to in-
sure that timely and effective disaster warning is provided.
(c) The President is authorized to utilize or to make available
to Federal, State, and local agencies the facilities of the civil de-
fense communications system established and maintained pursuant
to section 611(c) of this Act or any other Federal communications
system for the purpose of providing warning to governmental au-
thorities and the civilian population in areas endangered by disas-
ters.
(d) 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.
ø42 U.S.C. 5132¿

SEC. 203. PREDISASTER HAZARD MITIGATION.

(a) DEFINITION OF SMALL IMPOVERISHED COMMUNITY.—In this
section, the term ‘‘small impoverished community’’ means a com-
munity of 3,000 or fewer individuals that is economically disadvan-
taged, as determined by the State in which the community is lo-
cated and based on criteria established by the President.
(b) ESTABLISHMENT OF PROGRAM.—The President may estab-
lish a program to provide technical and financial assistance to
States and local governments to assist in the implementation of
predisaster hazard mitigation measures that are cost-effective and
are designed to reduce injuries, loss of life, and damage and de-
struction of property, including damage to critical services and fa-
cilities under the jurisdiction of the States or local governments.
(c) APPROVAL BY PRESIDENT.—If the President determines that
a State or local government has identified natural disaster hazards
in areas under its jurisdiction and has demonstrated the ability to
form effective public-private natural disaster hazard mitigation
partnerships, the President, using amounts in the National Public
Infrastructure Predisaster Mitigation Fund established under sub-
section (i) (referred to in this section as the ‘‘Fund’’), may provide
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Sec. 203 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 6

technical and financial assistance to the State or local government

to be used in accordance with subsection (e).
(d) STATE RECOMMENDATIONS.—
(1) IN GENERAL.—
(A) RECOMMENDATIONS.—The Governor of each State
may recommend to the President not fewer than five local
governments to receive assistance under this section.
(B) DEADLINE FOR SUBMISSION.—The recommendations
under subparagraph (A) shall be submitted to the Presi-
dent not later than October 1, 2001, and each October 1st
thereafter or such later date in the year as the President
may establish.
(C) CRITERIA.—In making recommendations under
subparagraph (A), a Governor shall consider the criteria
specified in subsection (g).
(2) USE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), in providing assistance to local governments under
this section, the President shall select from local govern-
ments recommended by the Governors under this sub-
section.
(B) EXTRAORDINARY CIRCUMSTANCES.—In providing as-
sistance to local governments under this section, the Presi-
dent may select a local government that has not been rec-
ommended by a Governor under this subsection if the
President determines that extraordinary circumstances
justify the selection and that making the selection will fur-
ther the purpose of this section.
(3) EFFECT OF FAILURE TO NOMINATE.—If a Governor of a
State fails to submit recommendations under this subsection in
a timely manner, the President may select, subject to the cri-
teria specified in subsection (g), any local governments of the
State to receive assistance under this section.
(e) USES OF TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—Technical and financial assistance pro-
vided under this section—
(A) shall be used by States and local governments
principally to implement predisaster hazard mitigation
measures that are cost-effective and are described in pro-
posals approved by the President under this section; and
(B) may be used—
(i) to support effective public-private natural dis-
aster hazard mitigation partnerships;
(ii) to improve the assessment of a community’s
vulnerability to natural hazards;
(iii) to establish hazard mitigation priorities, and
an appropriate hazard mitigation plan, for a commu-
nity; or
(iv) to establish and carry out enforcement activi-
ties and implement the latest published editions of rel-
evant consensus-based codes, specifications, and
standards that incorporate the latest hazard-resistant
designs and establish minimum acceptable criteria for
the design, construction, and maintenance of residen-
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7 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 203

tial structures and facilities that may be eligible for

assistance under this Act for the purpose of protecting
the health, safety, and general welfare of the build-
ings’ users against disasters.
(2) DISSEMINATION.—A State or local government may use
not more than 10 percent of the financial assistance received
by the State or local government under this section for a fiscal
year to fund activities to disseminate information regarding
cost-effective mitigation technologies.
(f) ALLOCATION OF FUNDS.—
(1) IN GENERAL.—The President shall award financial as-
sistance under this section on a competitive basis for mitiga-
tion activities that are cost effective and in accordance with the
criteria in subsection (g).
(2) MINIMUM AND MAXIMUM AMOUNTS.—In providing finan-
cial assistance under this section, the President shall ensure
that the amount of financial assistance made available to a
State (including amounts made available to local governments
of the State) for a fiscal year—
(A) is not less than the lesser of—
(i) $575,000; or
(ii) the amount that is equal to 1 percent of the
total funds appropriated to carry out this section for
the fiscal year; and
(B) does not exceed the amount that is equal to 15 per-
cent of the total funds appropriated to carry out this sec-
tion for the fiscal year.
(3) REDISTRIBUTION OF UNOBLIGATED AMOUNTS.—The
President may—
(A) withdraw amounts of financial assistance made
available to a State (including amounts made available to
local governments of a State) under this subsection that
remain unobligated by the end of the third fiscal year after
the fiscal year for which the amounts were allocated; and
(B) in the fiscal year following a fiscal year in which
amounts were withdrawn under subparagraph (A), add the
amounts to any other amounts available to be awarded on
a competitive basis pursuant to paragraph (1).
(g) CRITERIA FOR ASSISTANCE AWARDS.—In determining wheth-
er to provide technical and financial assistance to a State or local
government under this section, the President shall provide finan-
cial assistance only in States that have received a major disaster
declaration in the previous 7 years, or to any Indian tribal govern-
ment located partially or entirely within the boundaries of such
States, and take into account—
(1) the extent and nature of the hazards to be mitigated;
(2) the degree of commitment of the State or local govern-
ment to reduce damages from future natural disasters;
(3) the degree of commitment by the State or local govern-
ment to support ongoing non-Federal support for the hazard
mitigation measures to be carried out using the technical and
financial assistance;
(4) the extent to which the hazard mitigation measures to
be carried out using the technical and financial assistance con-
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Sec. 203 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 8

tribute to the mitigation goals and priorities established by the

State;
(5) the extent to which the technical and financial assist-
ance is consistent with other assistance provided under this
Act;
(6) the extent to which prioritized, cost-effective mitigation
activities that produce meaningful and definable outcomes are
clearly identified;
(7) if the State or local government has submitted a miti-
gation plan under section 322, the extent to which the activi-
ties identified under paragraph (6) are consistent with the
mitigation plan;
(8) the opportunity to fund activities that maximize net
benefits to society;
(9) the extent to which assistance will fund mitigation ac-
tivities in small impoverished communities;
(10) the extent to which the State, local, Indian tribal, or
territorial government has facilitated the adoption and enforce-
ment of the latest published editions of relevant consensus-
based codes, specifications, and standards, including amend-
ments made by State, local, Indian tribal, or territorial govern-
ments during the adoption process that incorporate the latest
hazard-resistant designs and establish criteria for the design,
construction, and maintenance of residential structures and fa-
cilities that may be eligible for assistance under this Act for
the purpose of protecting the health, safety, and general wel-
fare of the buildings’ users against disasters;
(11) the extent to which the assistance will fund activities
that increase the level of resiliency; and
(12) such other criteria as the President establishes in con-
sultation with State and local governments.
(h) FEDERAL SHARE.—
(1) IN GENERAL.—Financial assistance provided under this
section may contribute up to 75 percent of the total cost of
mitigation activities approved by the President.
(2) SMALL IMPOVERISHED COMMUNITIES.—Notwithstanding
paragraph (1), the President may contribute up to 90 percent
of the total cost of a mitigation activity carried out in a small
impoverished community.
(i) NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER MITIGA-
TION ASSISTANCE.—
(1) IN GENERAL.—The President may set aside from the
Disaster Relief Fund, with respect to each major disaster, an
amount equal to 6 percent of the estimated aggregate amount
of the grants to be made pursuant to sections 403, 406, 407,
408, 410, 416, and 428 for the major disaster in order to pro-
vide technical and financial assistance under this section and
such set aside shall be deemed to be related to activities car-
ried out pursuant to major disasters under this Act.
(2) ESTIMATED AGGREGATE AMOUNT.—Not later than 180
days after each major disaster declaration pursuant to this Act,
the estimated aggregate amount of grants for purposes of para-
graph (1) shall be determined by the President and such esti-
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9 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 203

mated amount need not be reduced, increased, or changed due

to variations in estimates.
(3) NO REDUCTION IN AMOUNTS.—The amount set aside
pursuant to paragraph (1) shall not reduce the amounts other-
wise made available for sections 403, 404, 406, 407, 408, 410,
416, and 428 under this Act.
(j) MULTIHAZARD ADVISORY MAPS.—
(1) DEFINITION OF MULTIHAZARD ADVISORY MAP.—In this
subsection, the term ‘‘multihazard advisory map’’ means a map
on which hazard data concerning each type of natural disaster
is identified simultaneously for the purpose of showing areas
of hazard overlap.
(2) DEVELOPMENT OF MAPS.—In consultation with States,
local governments, and appropriate Federal agencies, the
President shall develop multihazard advisory maps for areas,
in not fewer than five States, that are subject to commonly re-
curring natural hazards (including flooding, hurricanes and se-
vere winds, and seismic events).
(3) USE OF TECHNOLOGY.—In developing multihazard advi-
sory maps under this subsection, the President shall use, to
the maximum extent practicable, the most cost-effective and ef-
ficient technology available.
(4) USE OF MAPS.—
(A) ADVISORY NATURE.—The multihazard advisory
maps shall be considered to be advisory and shall not re-
quire the development of any new policy by, or impose any
new policy on, any government or private entity.
(B) AVAILABILITY OF MAPS.—The multihazard advisory
maps shall be made available to the appropriate State and
local governments for the purposes of—
(i) informing the general public about the risks of
natural hazards in the areas described in paragraph
(2);
(ii) supporting the activities described in sub-
section (e); and
(iii) other public uses.
(k) REPORT ON FEDERAL AND STATE ADMINISTRATION.—Not
later than 18 months after the date of the enactment of this sec-
tion, the President, in consultation with State and local govern-
ments, shall submit to Congress a report evaluating efforts to im-
plement this section and recommending a process for transferring
greater authority and responsibility for administering the assist-
ance program established under this section to capable States.
(l) PROHIBITION ON EARMARKS.—
(1) DEFINITION.—In this subsection, the term ‘‘congression-
ally directed spending’’ means a statutory provision or report
language included primarily at the request of a Senator or a
Member, Delegate or Resident Commissioner of the House of
Representatives providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit au-
thority, or other spending authority for a contract, loan, loan
guarantee, grant, loan authority, or other expenditure with or
to an entity, or targeted to a specific State, locality, or Con-
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Sec. 204 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 10

gressional district, other than through a statutory or adminis-

trative formula-driven or competitive award process.
(2) PROHIBITION.—None of the funds appropriated or other-
wise made available to carry out this section may be used for
congressionally directed spending.
(3) CERTIFICATION TO CONGRESS.—The Administrator of
the Federal Emergency Management Agency shall submit to
Congress a certification regarding whether all financial assist-
ance under this section was awarded in accordance with this
section.
ø42 U.S.C. 5133¿

SEC. 204. INTERAGENCY TASK FORCE.

(a) IN GENERAL.—The President shall establish a Federal
interagency task force for the purpose of coordinating the imple-
mentation of predisaster hazard mitigation programs administered
by the Federal Government.
(b) CHAIRPERSON.—The Administrator of the Federal Emer-
gency Management Agency shall serve as the chairperson of the
task force.
(c) MEMBERSHIP.—The membership of the task force shall in-
clude representatives of—
(1) relevant Federal agencies;
(2) State and local government organizations (including In-
dian tribes); and
(3) the American Red Cross.
ø42 U.S.C. 5134¿

SEC. 205. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD

MITIGATION REVOLVING LOAN FUNDS.
(a) GENERAL AUTHORITY.—
(1) IN GENERAL.—The Administrator may enter into agree-
ments with eligible entities to make capitalization grants to
such entities for the establishment of hazard mitigation revolv-
ing loan funds (referred to in this section as ‘‘entity loan
funds’’) for providing funding assistance to local governments
to carry out eligible projects under this section to reduce dis-
aster risks for homeowners, businesses, nonprofit organiza-
tions, and communities in order to decrease—
(A) the loss of life and property;
(B) the cost of insurance; and
(C) Federal disaster payments.
(2) AGREEMENTS.—Any agreement entered into under this
section shall require the participating entity to—
(A) comply with the requirements of this section; and
(B) use accounting, audit, and fiscal procedures con-
forming to generally accepted accounting standards.
(b) APPLICATION.—
(1) IN GENERAL.—To be eligible to receive a capitalization
grant under this section, an eligible entity shall submit to the
Administrator an application that includes the following:
(A) Project proposals comprised of local government
hazard mitigation projects, on the condition that the entity
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11 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 205

provides public notice not less than 6 weeks prior to the

submission of an application.
(B) An assessment of recurring major disaster
vulnerabilities impacting the entity that demonstrates a
risk to life and property.
(C) A description of how the hazard mitigation plan of
the entity has or has not taken the vulnerabilities de-
scribed in subparagraph (B) into account.
(D) A description about how the projects described in
subparagraph (A) could conform with the hazard mitiga-
tion plan of the entity and of the unit of local government.
(E) A proposal of the systematic and regional approach
to achieve resilience in a vulnerable area, including im-
pacts to river basins, river corridors, watersheds, estu-
aries, bays, coastal regions, micro-basins, micro-water-
sheds, ecosystems, and areas at risk of earthquakes,
tsunamis, droughts, severe storms, and wildfires, including
the wildland-urban interface.
(2) TECHNICAL ASSISTANCE.—The Administrator shall pro-
vide technical assistance to eligible entities for applications
under this section.
(c) ENTITY LOAN FUND.—
(1) ESTABLISHMENT OF FUND.—An entity that receives a
capitalization grant under this section shall establish an entity
loan fund that complies with the requirements of this sub-
section.
(2) FUND MANAGEMENT.—Except as provided in paragraph
(3), entity loan funds shall—
(A) be administered by the agency responsible for
emergency management; and
(B) include only—
(i) funds provided by a capitalization grant under
this section;
(ii) repayments of loans under this section to the
entity loan fund; and
(iii) interest earned on amounts in the entity loan
fund.
(3) ADMINISTRATION.—A participating entity may combine
the financial administration of the entity loan fund of such en-
tity with the financial administration of any other revolving
fund established by such entity if the Administrator deter-
mines that—
(A) the capitalization grant, entity share, repayments
of loans, and interest earned on amounts in the entity loan
fund are accounted for separately from other amounts in
the revolving fund; and
(B) the authority to establish assistance priorities and
carry out oversight activities remains in the control of the
entity agency responsible for emergency management.
(4) ENTITY SHARE OF FUNDS.—
(A) IN GENERAL.—On or before the date on which a
participating entity receives a capitalization grant under
this section, the entity shall deposit into the entity loan
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Sec. 205 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 12

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

percent of the amount of the capitalization grant.
(B) REDUCED GRANT.—If, with respect to a capitaliza-
tion grant under this section, a participating entity depos-
its in the entity loan fund of the entity an amount that is
less than 10 percent of the total amount of the capitaliza-
tion grant that the participating entity would otherwise re-
ceive, the Administrator shall reduce the amount of the
capitalization grant received by the entity to the amount
that is 10 times the amount so deposited.
(d) APPORTIONMENT.—
(1) IN GENERAL.—Except as otherwise provided by this
subsection, the Administrator shall apportion funds made
available to carry out this section to entities that have entered
into an agreement under subsection (a)(2) in amounts as deter-
mined by the Administrator.
(2) RESERVATION OF FUNDS.—The Administrator shall re-
serve not more than 2.5 percent of the amount made available
to carry out this section for the Federal Emergency Manage-
ment Agency for—
(A) administrative costs incurred in carrying out this
section; and
(B) providing technical assistance to participating enti-
ties under subsection (b)(2).
(3) PRIORITY.—In the apportionment of capitalization
grants under this subsection, the Administrator shall give pri-
ority to entity applications under subsection (b) that—
(A) propose projects increasing resilience and reducing
risk of harm to natural and built infrastructure;
(B) involve a partnership between two or more eligible
entities to carry out a project or similar projects;
(C) take into account regional impacts of hazards on
river basins, river corridors, micro-watersheds, macro-wa-
tersheds, estuaries, lakes, bays, and coastal regions and
areas at risk of earthquakes, tsunamis, droughts, severe
storms, and wildfires, including the wildland-urban inter-
face; or
(D) propose projects for the resilience of major eco-
nomic sectors or critical national infrastructure, including
ports, global commodity supply chain assets (located with-
in an entity or within the jurisdiction of local governments
and Tribal governments), power and water production and
distribution centers, and bridges and waterways essential
to interstate commerce.
(e) ENVIRONMENTAL REVIEW OF REVOLVING LOAN FUND
PROJECTS.—The Administrator may delegate to a participating en-
tity all of the responsibilities for environmental review, decision
making, and action pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal
environmental laws including the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) and the National Historic Preservation Act
of 1966 (54 U.S.C. 300101 et seq.) that would apply to the Adminis-
trator were the Administrator to undertake projects under this sec-
tion as Federal projects so long as the participating entity carries
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13 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 205

out such responsibilities in the same manner and subject to the

same requirements as if the Administrator carried out such respon-
sibilities.
(f) USE OF FUNDS.—
(1) TYPES OF ASSISTANCE.—Amounts deposited in an entity
loan fund, including loan repayments and interest earned on
such amounts, may be used—
(A) to make loans, on the condition that—
(i) such loans are made at an interest rate of not
more than 1 percent;
(ii) annual principal and interest payments will
commence not later than 1 year after completion of
any project and all loans made under this subpara-
graph will be fully amortized—
(I) not later than 20 years after the date on
which the project is completed; or
(II) for projects in a low-income geographic
area, not later than 30 years after the date on
which the project is completed and not longer
than the expected design life of the project;
(iii) the loan recipient of a loan under this sub-
paragraph establishes a dedicated source of revenue
for repayment of the loan;
(iv) the loan recipient of a loan under this sub-
paragraph has a hazard mitigation plan that has been
approved by the Administrator; and
(v) the entity loan fund will be credited with all
payments of principal and interest on all loans made
under this subparagraph;
(B) for mitigation efforts, in addition to mitigation
planning under section 322 not to exceed 10 percent of the
capitalization grants made to the participating entity in a
fiscal year;
(C) for the reasonable costs of administering the fund
and conducting activities under this section, except that
such amounts shall not exceed $100,000 per year, 2 per-
cent of the capitalization grants made to the participating
entity in a fiscal year, or 1 percent of the value of the enti-
ty loan fund, whichever amount is greatest, plus the
amount of any fees collected by the entity for such purpose
regardless of the source; and
(D) to earn interest on the entity loan fund.
(2) PROHIBITION ON DETERMINATION THAT LOAN IS A DUPLI-
CATION.—In carrying out this section, the Administrator may
not determine that a loan is a duplication of assistance or pro-
grams under this Act.
(3) PROJECTS AND ACTIVITIES ELIGIBLE FOR ASSISTANCE.—
Except as provided in this subsection, a participating entity
may use funds in the entity loan fund to provide financial as-
sistance for projects or activities that mitigate the impacts of
natural hazards including—
(A) drought and prolonged episodes of intense heat;
(B) severe storms, including hurricanes, tornados,
wind storms, cyclones, and severe winter storms;
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Sec. 205 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 14

(C) wildfires;
(D) earthquakes;
(E) flooding, including the construction, repair, or re-
placement of a non-Federal levee or other flood control
structure, provided that the Administrator, in consultation
with the Army Corps of Engineers (if appropriate), re-
quires an eligible entity to determine that such levee or
structure is designed, constructed, and maintained in ac-
cordance with sound engineering practices and standards
equivalent to the purpose for which such levee or structure
is intended;
(F) shoreline erosion;
(G) high water levels; and
(H) storm surges.
(4) ZONING AND LAND USE PLANNING CHANGES.—A partici-
pating entity may use not more than 10 percent of a capitaliza-
tion grant under this section to enable units of local govern-
ment to implement zoning and land use planning changes fo-
cused on—
(A) the development and improvement of zoning and
land use codes that incentivize and encourage low-impact
development, resilient wildland-urban interface land man-
agement and development, natural infrastructure, green
stormwater management, conservation areas adjacent to
floodplains, implementation of watershed or greenway
master plans, and reconnection of floodplains;
(B) the study and creation of agricultural risk com-
pensation districts where there is a desire to remove or
set-back levees protecting highly developed agricultural
land to mitigate for flooding, allowing agricultural pro-
ducers to receive compensation for assuming greater flood
risk that would alleviate flood exposure to population cen-
ters and areas with critical national infrastructure;
(C) the study and creation of land use incentives that
reward developers for greater reliance on low impact devel-
opment stormwater best management practices, exchange
density increases for increased open space and improve-
ment of neighborhood catch basins to mitigate urban flood-
ing, reward developers for including and augmenting nat-
ural infrastructure adjacent to and around building
projects without reliance on increased sprawl, and reward
developers for addressing wildfire ignition; and
(D) the study and creation of an erosion response plan
that accommodates river, lake, forest, plains, and ocean
shoreline retreating or bluff stabilization due to increased
flooding and disaster impacts.
(5) ESTABLISHING AND CARRYING OUT BUILDING CODE EN-
FORCEMENT.—A participating entity may use capitalization
grants under this section to enable units of local government
to establish and carry out the latest published editions of rel-
evant building codes, specifications, and standards for the pur-
pose of protecting the health, safety, and general welfare of the
building’s users against disasters and natural hazards.
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15 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 205

(6) ADMINISTRATIVE AND TECHNICAL COSTS.—For each fis-

cal year, a participating entity may use the amount described
in paragraph (1)(C) to—
(A) pay the reasonable costs of administering the pro-
grams under this section, including the cost of establishing
an entity loan fund; and
(B) provide technical assistance to recipients of finan-
cial assistance from the entity loan fund, on the condition
that such technical assistance does not exceed 5 percent of
the capitalization grant made to such entity.
(7) LIMITATION FOR SINGLE PROJECTS.—A participating en-
tity may not provide an amount equal to or more than
$5,000,000 to a single hazard mitigation project.
(8) REQUIREMENTS.—For fiscal year 2022 and each fiscal
year thereafter, the requirements of subchapter IV of chapter
31 of title 40, United States Code, shall apply to the construc-
tion of projects carried out in whole or in part with assistance
made available by an entity loan fund authorized by this sec-
tion.
(g) INTENDED USE PLANS.—
(1) IN GENERAL.—After providing for public comment and
review, and consultation with appropriate government agencies
of the State or Indian tribal government, Federal agencies, and
interest groups, each participating entity shall annually pre-
pare and submit to the Administrator a plan identifying the in-
tended uses of the entity loan fund.
(2) CONTENTS OF PLAN.—An entity intended use plan pre-
pared under paragraph (1) shall include—
(A) the integration of entity planning efforts, including
entity hazard mitigation plans and other programs and
initiatives relating to mitigation of major disasters carried
out by such entity;
(B) an explanation of the mitigation and resiliency
benefits the entity intends to achieve by—
(i) reducing future damage and loss associated
with hazards;
(ii) reducing the number of severe repetitive loss
structures and repetitive loss structures in the entity;
(iii) decreasing the number of insurance claims in
the entity from injuries resulting from major disasters
or other natural hazards; and
(iv) increasing the rating under the community
rating system under section 1315(b) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4022(b)) for
communities in the entity;
(C) information on the availability of, and application
process for, financial assistance from the entity loan fund
of such entity;
(D) the criteria and methods established for the dis-
tribution of funds;
(E) the amount of financial assistance that the entity
anticipates apportioning;
(F) the expected terms of the assistance provided from
the entity loan fund; and
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Sec. 205 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 16

(G) a description of the financial status of the entity

loan fund, including short-term and long-term goals for the
fund.
(h) AUDITS, REPORTS, PUBLICATIONS, AND OVERSIGHT.—
(1) BIENNIAL ENTITY AUDIT AND REPORT.—Beginning not
later than the last day of the second fiscal year after the re-
ceipt of payments under this section, and biennially thereafter,
any participating entity shall—
(A) conduct an audit of the entity loan fund estab-
lished under subsection (c); and
(B) provide to the Administrator a report including—
(i) the result of any such audit; and
(ii) a review of the effectiveness of the entity loan
fund of the entity with respect to meeting the goals
and intended benefits described in the intended use
plan submitted by the entity under subsection (g).
(2) PUBLICATION.—A participating entity shall publish and
periodically update information about all projects receiving
funding from the entity loan fund of such entity, including—
(A) the location of the project;
(B) the type and amount of assistance provided from
the entity loan fund;
(C) the expected funding schedule; and
(D) the anticipated date of completion of the project.
(3) OVERSIGHT.—
(A) IN GENERAL.—The Administrator shall, at least
every 4 years, conduct reviews and audits as may be deter-
mined necessary or appropriate by the Administrator to
carry out the objectives of this section and determine the
effectiveness of the fund in reducing natural hazard risk.
(B) GAO REQUIREMENTS.—A participating entity shall
conduct audits under paragraph (1) in accordance with the
auditing procedures of the Government Accountability Of-
fice, including generally accepted government auditing
standards.
(C) RECOMMENDATIONS BY ADMINISTRATOR.—The Ad-
ministrator may at any time make recommendations for or
require specific changes to an entity loan fund in order to
improve the effectiveness of the fund.
(i) REGULATIONS OR GUIDANCE.—The Administrator shall issue
such regulations or guidance as are necessary to—
(1) ensure that each participating entity uses funds as effi-
ciently as possible;
(2) reduce waste, fraud, and abuse to the maximum extent
possible; and
(3) require any party that receives funds directly or indi-
rectly under this section, including a participating entity and
a recipient of amounts from an entity loan fund, to use proce-
dures with respect to the management of the funds that con-
form to generally accepted accounting standards.
(j) WAIVER AUTHORITY.—Until such time as the Administrator
issues final regulations to implement this section, the Adminis-
trator may—
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17 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 205

(1) waive notice and comment rulemaking, if the Adminis-

trator determines the waiver is necessary to expeditiously im-
plement this section; and
(2) provide capitalization grants under this section as a
pilot program.
(k) LIABILITY PROTECTIONS.—The Agency shall not be liable for
any claim based on the exercise or performance of, or the failure
to exercise or perform, a discretionary function or duty by the
Agency, or an employee of the Agency in carrying out this section.
(l) GAO REPORT.—Not later than 1 year after the date on
which the first entity loan fund is established under subsection (c),
the Comptroller General of the United States shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that examines—
(1) the appropriateness of regulations and guidance issued
by the Administrator for the program, including any oversight
of the program;
(2) a description of the number of the entity loan funds es-
tablished, the projects funded from such entity loan funds, and
the extent to which projects funded by the loan funds adhere
to any applicable hazard mitigation plans;
(3) the effectiveness of the entity loan funds to lower dis-
aster related costs; and
(4) recommendations for improving the administration of
entity loan funds.
(m) DEFINITIONS.—In this section, the following definitions
apply:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Emergency Management Agency.
(2) AGENCY.—The term ‘‘Agency’’ means the Federal Emer-
gency Management Agency.
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a
State or an Indian tribal government that has received a major
disaster declaration pursuant to section 401.
(4) HAZARD MITIGATION PLAN.—The term ‘‘hazard mitiga-
tion plan’’ means a mitigation plan submitted under section
322.
(5) LOW-INCOME GEOGRAPHIC AREA.—The term ‘‘low-income
geographic area’’ means an area described in paragraph (1) or
(2) of section 301(a) of the Public Works and Economic Devel-
opment Act of 1965 (42 U.S.C. 3161(a)).
(6) PARTICIPATING ENTITY.—The term ‘‘participating entity’’
means an eligible entity that has entered into an agreement
under this section.
(7) REPETITIVE LOSS STRUCTURE.—The term ‘‘repetitive loss
structure’’ has the meaning given the term in section 1370 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4121).
(8) SEVERE REPETITIVE LOSS STRUCTURE.—The term ‘‘se-
vere repetitive loss structure’’ has the meaning given the term
in section 1366(h) of the National Flood Insurance Act of 1968
(42 U.S.C. 4104c(h)).
(9) WILDLAND-URBAN INTERFACE.—The term ‘‘wildland-
urban interface’’ has the meaning given the term in section 101
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Sec. 206 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 18

of the Healthy Forests Restoration Act of 2003 (16 U.S.C.

6511).
(n) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $100,000,000 for each of fiscal years 2022
through 2023 to carry out this section.
ø42 U.S.C. 5135¿

SEC. 206. NATURAL HAZARD RISK ASSESSMENT.

(a) DEFINITIONS.—In this section:
(1) COMMUNITY DISASTER RESILIENCE ZONE.—The term
‘‘community disaster resilience zone’’ means a census tract des-
ignated by the President under subsection (d)(1).
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State;
(B) an Indian tribal government; or
(C) a local government.
(b) PRODUCTS.—The President shall continue to maintain a
natural hazard assessment program that develops and maintains
products that—
(1) are available to the public; and
(2) define natural hazard risk across the United States.
(c) FEATURES.—The products maintained under subsection (b)
shall, for lands within States and areas under the jurisdiction of
Indian tribal governments—
(1) show the risk of natural hazards; and
(2) include ratings and data for—
(A) loss exposure, including population equivalence,
buildings, and agriculture;
(B) social vulnerability;
(C) community resilience; and
(D) any other element determined by the President.
(d) COMMUNITY DISASTER RESILIENCE ZONES DESIGNATION.—
(1) IN GENERAL.—Not later than 30 days after the date on
which the President makes the update and enhancement re-
quired under subsection (e)(4), and not less frequently than
every 5 years thereafter, the President shall identify and des-
ignate community disaster resilience zones, which shall be—
(A) the 50 census tracts assigned the highest indi-
vidual hazard risk ratings; and
(B) subject to paragraph (3), in each State, not less
than 1 percent of census tracts that are assigned high indi-
vidual risk ratings.
(2) RISK RATINGS.—In carrying out paragraph (1), the
President shall use census tract risk ratings derived from a
product maintained under subsection (b) that—
(A) reflect—
(i) high levels of individual hazard risk ratings
based on an assessment of the intersection of—
(I) loss to population equivalence;
(II) building value; and
(III) agriculture value;
(ii) high social vulnerability ratings and low com-
munity resilience ratings; and
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19 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 206

(iii) any other elements determined by the Presi-

dent; and
(B) reflect the principal natural hazard risks identified
for the respective census tracts.
(3) GEOGRAPHIC BALANCE.—In identifying and designating
the community disaster resilience zones described in para-
graph (1)(B)—
(A) for the purpose of achieving geographic balance,
when applicable, the President shall consider making des-
ignations in coastal, inland, urban, suburban, and rural
areas; and
(B) the President shall include census tracts on Tribal
lands located within a State.
(4) DURATION.—The designation of a community disaster
resilience zone under paragraph (1) shall be effective for a pe-
riod of not less than 5 years.
(e) REVIEW AND UPDATE.—Not later than 180 days after the
date of enactment of the Community Disaster Resilience Zones Act
of 2022, and not less frequently than every 5 years thereafter, the
President shall—
(1) with respect to any product that is a natural hazard
risk assessment—
(A) review the underlying methodology of the product;
and
(B) receive public input on the methodology and data
used for the product;
(2) consider including additional data in any product that
is a natural hazard risk assessment, such as—
(A) the most recent census tract data;
(B) data from the American Community Survey of the
Bureau of the Census, a successor survey, a similar sur-
vey, or another data source, including data by census tract
on housing characteristics and income;
(C) information relating to development, improve-
ments, and hazard mitigation measures;
(D) data that assesses past and future loss exposure,
including analysis on the effects of a changing climate on
future loss exposure;
(E) data from the Resilience Analysis and Planning
Tool of the Federal Emergency Management Agency; and
(F) other information relevant to prioritizing areas
that have—
(i) high risk levels of—
(I) natural hazard loss exposure, including
population equivalence, buildings, infrastructure,
and agriculture; and
(II) social vulnerability; and
(ii) low levels of community resilience;
(3) make publicly available any changes in methodology or
data used to inform an update to a product maintained under
subsection (b); and
(4) update and enhance the products maintained under
subsection (b), as necessary.
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Sec. 206 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 20

(f) NATURAL HAZARD RISK ASSESSMENT INSIGHTS.—In deter-

mining additional data to include in products that are natural haz-
ard risk assessments under subsection (e)(2), the President shall
consult with, at a minimum—
(1) the Administrator of the Federal Emergency Manage-
ment Agency;
(2) the Secretary of Agriculture and the Chief of the Forest
Service;
(3) the Secretary of Commerce, the Administrator of the
National Oceanic and Atmospheric Administration, the Direc-
tor of the Bureau of the Census, and the Director of the Na-
tional Institute of Standards and Technology;
(4) the Secretary of Defense and the Commanding Officer
of the United States Army Corps of Engineers;
(5) the Administrator of the Environmental Protection
Agency;
(6) the Secretary of the Interior and the Director of the
United States Geological Survey;
(7) the Secretary of Housing and Urban Development; and
(8) the Director of the Federal Housing Finance Agency.
(g) COMMUNITY DISASTER RESILIENCE ZONE.—With respect to
financial assistance provided under section 203(i) to perform a re-
silience or mitigation project within, or that primarily benefits, a
community disaster resilience zone, the President may increase the
amount of the Federal share described under section 203(h) to not
more than 90 percent of the total cost of the resilience or mitiga-
tion project.
(h) RESILIENCE OR MITIGATION PROJECT PLANNING ASSIST-
ANCE.—
(1) IN GENERAL.—The President may provide financial,
technical, or other assistance under this title to an eligible en-
tity that plans to perform a resilience or mitigation project
within, or that primarily benefits, a community disaster resil-
ience zone.
(2) PURPOSE.—The purpose of assistance provided under
paragraph (1) shall be to carry out activities in preparation for
a resilience or mitigation project or seek an evaluation and cer-
tification under subsection (i)(2) for a resilience or mitigation
project before the date on which permanent work of the resil-
ience or mitigation project begins.
(3) APPLICATION.—If required by the President, an eligible
entity seeking assistance under paragraph (1) shall submit an
application in accordance with subsection (i)(1).
(4) FUNDING.—In providing assistance under paragraph
(1), the President may use amounts set aside under section
203(i).
(i) COMMUNITY DISASTER RESILIENCE ZONE PROJECT APPLICA-
TIONS.—
(1) IN GENERAL.—If required by the President or other
Federal law, an eligible entity shall submit to the President an
application at such time, in such manner, and containing or ac-
companied by such information as the President may reason-
ably require.
(2) EVALUATION AND CERTIFICATION.—
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21 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 206

(A) IN GENERAL.—Not later than 120 days after the

date on which an eligible entity submits an application
under paragraph (1), the President shall evaluate the ap-
plication to determine whether the resilience or mitigation
project that the entity plans to perform within, or that pri-
marily benefits, a community disaster resilience zone—
(i) is designed to reduce injuries, loss of life, and
damage and destruction of property, such as damage
to critical services and facilities; and
(ii) substantially reduces the risk of, or increases
resilience to, future damage, hardship, loss, or suf-
fering.
(B) CERTIFICATION.—If the President determines that
an application submitted under paragraph (1) meets the
criteria described in subparagraph (A), the President shall
certify the proposed resilience or mitigation project.
(C) EFFECT OF CERTIFICATION.—The certification of a
proposed resilience or mitigation project under subpara-
graph (B) shall not be construed to exempt the resilience
or mitigation project from the requirements of any other
law.
(3) PROJECTS CAUSING DISPLACEMENT.—With respect to a
resilience or mitigation project certified under paragraph (2)(B)
that involves the displacement of a resident from any occupied
housing unit, the entity performing the resilience or mitigation
project shall—
(A) provide, at the option of the resident, a suitable
and habitable housing unit that is, with respect to the
housing unit from which the resident is displaced—
(i) of a comparable size;
(ii) located in the same local community or a com-
munity with reduced hazard risk; and
(iii) offered under similar costs, conditions, and
terms;
(B) ensure that property acquisitions resulting from
the displacement and made in connection with the resil-
ience or mitigation project—
(i) are deed restricted in perpetuity to preclude fu-
ture property uses not relating to mitigation or resil-
ience; and
(ii) are the result of a voluntary decision by the
resident; and
(C) plan for robust public participation in the resil-
ience or mitigation project.
ø42 U.S.C. 5136¿

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Sec. 301 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 22

TITLE III—MAJOR DISASTER AND

EMERGENCY ASSISTANCE ADMINIS-
TRATION
SEC. 301. WAIVER OF ADMINISTRATIVE CONDITIONS.
Any Federal agency charged with the administration of a Fed-
eral assistance program may, if so requested by the applicant State
or local authorities, modify or waive, for a major disaster, such ad-
ministrative 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.
ø42 U.S.C. 5141¿

COORDINATING OFFICERS

SEC. 302. (a) Immediately upon his declaration of a major dis-

aster or emergency, the President shall appoint a Federal coordi-
nating officer to operate in the affected area.
(b) In order to effectuate the purposes of this Act, the Federal
coordinating officer, within the affected area, shall—
(1) make an initial appraisal of the types of relief most ur-
gently needed;
(2) establish such field offices as he deems necessary and
as are authorized by the President;
(3) coordinate the administration of relief, including activi-
ties of the State and local governments, the American National
Red Cross, the Salvation Army, the Mennonite Disaster Serv-
ice, and other relief or disaster assistance organizations, which
agree to operate under his advise or direction, except that
nothing contained in this Act 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); and
(4) take such other action, consistent with authority dele-
gated to him by the President, and consistent with the provi-
sions of this Act, as he may deem necessary to assist local citi-
zens and public officials in promptly obtaining assistance to
which they are entitled.
(c) When the President determines assistance under this Act is
necessary, he shall request that the Governor of the affected State
designate a State coordinating officer for the purpose of coordi-
nating State and local disaster assistance efforts with those of the
Federal Government.
(d) Where the area affected by a major disaster or emergency
includes parts of more than 1 State, the President, at the discretion
of the President, may appoint a single Federal coordinating officer
for the entire affected area, and may appoint such deputy Federal
coordinating officers to assist the Federal coordinating officer as
the President determines appropriate.
ø42 U.S.C. 5143¿

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23 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 303

SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS. 2

(a) 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 car-
rying out his responsibilities pursuant to this Act. Upon request of
the President, the head of any Federal agency is directed to detail
to temporary duty with the emergency support teams on either a
reimbursable or nonreimbursable basis, as is determined necessary
by the President, such personnel within the administrative jurisdic-
tion of the head of the Federal agency as the President may need
or believe to be useful for carrying out the functions of the emer-
gency support teams, each such detail to be without loss of senior-
ity, pay, or other employee status.
(b) EMERGENCY RESPONSE TEAMS.—
(1) ESTABLISHMENT.—In carrying out subsection (a), the
President, acting through the Administrator of the Federal
Emergency Management Agency, shall establish—
(A) at a minimum 3 national response teams; and
(B) sufficient regional response teams, including Re-
gional Office strike teams under section 507 of the Home-
land Security Act of 2002; and
(C) other response teams as may be necessary to meet
the incident management responsibilities of the Federal
Government.
(2) TARGET CAPABILITY LEVEL.—The Administrator shall
ensure that specific target capability levels, as defined pursu-
ant to the guidelines established under section 646(a) of the
Post-Katrina Emergency Management Reform Act of 2006, are
established for Federal emergency response teams.
(3) PERSONNEL.—The President, acting through the Ad-
ministrator, shall ensure that the Federal emergency response
teams consist of adequate numbers of properly planned, orga-
nized, equipped, trained, and exercised personnel to achieve
the established target capability levels. Each emergency re-
sponse team shall work in coordination with State and local of-
ficials and onsite personnel associated with a particular inci-
dent.
(4) READINESS REPORTING.—The Administrator shall evalu-
ate team readiness on a regular basis and report team readi-
ness levels in the report required under section 652(a) of the
Post-Katrina Emergency Management Reform Act of 2006.
2 Paragraph (1) of section 633 of Public Law 109–295 provides as follows:

SEC. 633. EMERGENCY RESPONSE TEAMS.

Section 303 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5144) is amended—
(1) by striking ‘‘sec. 303.’’ and all that follows through ‘‘The President shall’’ and inserting
the following:

‘‘SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.

‘‘(a) EMERGENCY SUPPORT TEAMS.—The President shall’’; and
Such amendment should have struck the centered section heading which precedes ‘‘SEC. 303.’’
and reads ‘‘EMERGENCY SUPPORT TEAM’’ and all that follows through ‘‘The President shall’’. The
amendment was executed to reflect the probable intent of Congress.
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Sec. 304 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 24

ø42 U.S.C. 5144¿

REIMBURSEMENT

SEC. 304. Federal agencies may be reimbursed for expenditures

under this Act from funds appropriated for the purposes of this
Act. Any funds received by Federal agencies as reimbursement for
services or supplies furnished under the authority of this Act shall
be deposited to the credit of the appropriation or appropriations
currently available for such services or supplies.
ø42 U.S.C. 5147¿

NONLIABILITY

SEC. 305. 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 car-
rying out the provisions of this Act.
ø42 U.S.C. 5148¿

PERFORMANCE OF SERVICES

SEC. 306. (a) In carrying out the purposes of this Act, any Fed-
eral agency is authorized to accept and utilize the services or facili-
ties of any State or local government, or of any agency, office, or
employee thereof, with the consent of such government.
(b) In performing any services under this Act, any Federal
agency is authorized—
(1) to appoint and fix the compensation of such temporary
personnel as may be necessary, without regard to the provi-
sions of title 5, United States Code, 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, includ-
ing obligations arising out of the temporary employment of ad-
ditional personnel, may be incurred by an agency in such
amount as may be made available to it by the President.
(c) The Administrator of the Federal Emergency Management
Agency is authorized to appoint temporary personnel, after serving
continuously for 3 years, to positions in the Federal Emergency
Management Agency in the same manner that competitive service
employees with competitive status are considered for transfer, reas-
signment, or promotion to such positions. An individual appointed
under this subsection shall become a career-conditional employee,
unless the employee has already completed the service require-
ments for career tenure.
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25 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 307

(d) PERSONNEL PERFORMING SERVICE RESPONDING TO DISAS-

TERS AND EMERGENCIES.—
(1) USERRA EMPLOYMENT AND REEMPLOYMENT RIGHTS.—
The protections, rights, benefits, and obligations provided
under chapter 43 of title 38, United States Code, shall apply
to intermittent personnel appointed pursuant to subsection
(b)(1) to perform service to the Federal Emergency Manage-
ment Agency under sections 401 and 501 or to train for such
service.
(2) NOTICE OF ABSENCE FROM POSITION OF EMPLOYMENT.—
Preclusion of giving notice of service by necessity of service
under subsection (b)(1) to perform service to the Federal Emer-
gency Management Agency under sections 401 and 501 or to
train for such service shall be considered preclusion by ‘‘mili-
tary necessity’’ for purposes of section 4312(b) of title 38,
United States Code, pertaining to giving notice of absence from
a position of employment. A determination of such necessity
shall be made by the Administrator and shall not be subject to
review in any judicial or administrative proceeding.
ø42 U.S.C. 5149¿

SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS.

(a) CONTRACTS OR AGREEMENTS WITH PRIVATE ENTITIES.—
(1) IN GENERAL.—In the expenditure of Federal funds for
debris clearance, distribution of supplies, reconstruction, and
other major disaster or emergency assistance activities which
may be carried out by contract or agreement with private orga-
nizations, 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.
(2) CONSTRUCTION.—This subsection shall not be consid-
ered to restrict the use of Department of Defense resources
under this Act in the provision of assistance in a major dis-
aster.
(3) SPECIFIC GEOGRAPHIC AREA.—In carrying out this sec-
tion, a contract or agreement may be set aside for award based
on a specific geographic area.
(b) IMPLEMENTATION.—
(1) CONTRACTS NOT TO ENTITIES IN AREA.—Any expendi-
ture of Federal funds for debris clearance, distribution of sup-
plies, reconstruction, and other major disaster or emergency
assistance activities which may be carried out by contract or
agreement with private organizations, firms, or individuals,
not awarded to an organization, firm, or individual residing or
doing business primarily in the area affected by such major
disaster shall be justified in writing in the contract file.
(2) TRANSITION.—Following the declaration of an emer-
gency or major disaster, an agency performing response, relief,
and reconstruction activities shall transition work performed
under contracts in effect on the date on which the President
declares the emergency or major disaster to organizations,
firms, and individuals residing or doing business primarily in
any area affected by the major disaster or emergency, unless
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Sec. 308 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 26

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

practicable to do so.
(3) FORMULATION OF REQUIREMENTS.—The head of a Fed-
eral agency, as feasible and practicable, shall formulate appro-
priate requirements to facilitate compliance with this section.
(c) PRIOR CONTRACTS.—Nothing in this section shall be con-
strued to require any Federal agency to breach or renegotiate any
contract in effect before the occurrence of a major disaster or emer-
gency.
ø42 U.S.C. 5150¿

NONDISCRIMINATION IN DISASTER ASSISTANCE

SEC. 308. (a) 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 pro-
visions 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 dis-
crimination on the grounds of race, color, religion, nationality, sex,
age, disability, English proficiency, or economic status.
(b) As a condition of participation in the distribution of assist-
ance or supplies under this Act or of receiving assistance under
this Act, governmental bodies and other organizations shall be re-
quired to comply with regulations relating to nondiscrimination
promulgated by the President, and such other regulations applica-
ble to activities within an area affected by a major disaster or
emergency as he deems necessary for the effective coordination of
relief efforts.
ø42 U.S.C. 5151¿

USE AND COORDINATION OF RELIEF ORGANIZATIONS

SEC. 309. (a) In providing relief and assistance under this Act,
the President may utilize, with their consent, the personnel and fa-
cilities of the American National Red Cross, the Salvation Army,
the Mennonite Disaster Service, long-term recovery groups, domes-
tic hunger relief, and other relief, or disaster assistance organiza-
tions, in the distribution of medicine, food, supplies, or other items,
and in the restoration, rehabilitation, or reconstruction of commu-
nity services housing and essential facilities, whenever the Presi-
dent 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 Men-
nonite Disaster Service, long-term recovery groups, domestic hun-
ger relief, 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 duplica-
tion of benefits and guaranteeing nondiscrimination promulgated
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27 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 311

by the President under this Act, and such other regulation as the
President may require.
ø42 U.S.C. 5152¿

SEC. 310. PRIORITY TO CERTAIN APPLICATIONS FOR PUBLIC FACIL-

ITY 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 Presi-
dent 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 for the provi-
sion of low-income housing.
(2) Section 702 of the Housing Act of 1954 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.
(4) Section 306 of the Consolidated Farm and Rural Devel-
opment Act.
(5) The Public Works and Economic Development Act of
1965.
(6) The Appalachian Regional Development Act of 1965.
(7) The Federal Water Pollution Control Act.
(b) OBLIGATION OF CERTAIN DISCRETIONARY FUNDS.—In the ob-
ligation 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 Com-
merce shall give priority to applications for projects for major dis-
aster areas.
ø42 U.S.C. 5153¿

SEC. 311. INSURANCE.

(a) APPLICANTS FOR REPLACEMENT OF DAMAGED FACILITIES.—
(1) COMPLIANCE WITH CERTAIN REGULATIONS.—An appli-
cant for assistance under section 406 of this Act (relating to re-
pair, restoration, and replacement of damaged facilities), sec-
tion 422 of this Act (relating to simplified procedure) or section
209(c)(2) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3149(c)(2)) shall comply with regulations
prescribed by the President to assure that, with respect to any
property to be replaced, restored, repaired, or constructed with
such assistance, such types and extent of insurance will be ob-
tained and maintained as may be reasonably available, ade-
quate, and necessary, to protect against future loss to such
property.
(2) DETERMINATION.—In making a determination with re-
spect 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 appro-
priate State insurance commissioner responsible for regulation
of such insurance.
(b) MAINTENANCE OF INSURANCE.—No applicant for assistance
under section 406 of this Act (relating to repair, restoration, and
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Sec. 312 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 28

replacement of damaged facilities), section 422 of this Act (relating

to simplified procedure), or section 209(c)(2) of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3149(c)(2)) may
receive such assistance for any property or part thereof for which
the applicant has previously received assistance under this Act un-
less all insurance required pursuant to this section has been ob-
tained and maintained with respect to such property. The require-
ments of this subsection may not be waived under section 301.
(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 406 or 422 of this Act or
section 209(c)(2) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3149(c)(2)) or subsequently and accompanied
by a plan for self-insurance which is satisfactory to the President,
shall be deemed compliance with subsection (a). No such self-in-
surer may receive assistance under section 406 or 422 of this Act
for any property or part thereof for which it has previously received
assistance under this Act, to the extent that insurance for such
property or part thereof would have been reasonably available.
ø42 U.S.C. 5154¿

SEC. 312. 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 provi-
sion 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 pro-
cedures as the President considers necessary to ensure uni-
formity in preventing duplication of benefits.
(3) EFFECT OF PARTIAL BENEFITS.—Receipt of partial bene-
fits for a major disaster or emergency shall not preclude provi-
sion of additional Federal assistance for any part of a loss or
need for which benefits have not been provided.
(4) 3 WAIVER OF GENERAL PROHIBITION.—
(A) IN GENERAL.—The President may waive the gen-
eral prohibition provided in subsection (a) upon request of
a Governor on behalf of the State or on behalf of a person,
3 Section 1210(a)(4) of division D of Public Law 115–254 states ″On the date that is 5 years
after the date of enactment of this Act [effective on October 5, 2023], section 312(b) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by
striking paragraph (4), as added by subsection (a)(1) of this section.″.
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29 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 313

business concern, or any other entity suffering losses as a

result of a major disaster or emergency, if the President
finds such waiver is in the public interest and will not re-
sult in waste, fraud, or abuse. In making this decision, the
President may consider the following:
(i) The recommendations of the Administrator of
the Federal Emergency Management Agency made in
consultation with the Federal agency or agencies ad-
ministering the duplicative program.
(ii) If a waiver is granted, the assistance to be
funded is cost effective.
(iii) Equity and good conscience.
(iv) Other matters of public policy considered ap-
propriate by the President.
(B) GRANT OR DENIAL OF WAIVER.—A request under
subparagraph (A) shall be granted or denied not later than
45 days after submission of such request.
(C) PROHIBITION ON DETERMINATION THAT LOAN IS A
DUPLICATION.—Notwithstanding subsection (c), in carrying
out subparagraph (A), the President may not determine
that a loan is a duplication of assistance, provided that all
Federal assistance is used toward a loss suffered as a re-
sult of the major disaster or emergency.
(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, United States Code, relating to debt col-
lection, when the head of such agency considers it to be in the best
interest of the Federal Government.
(d) ASSISTANCE NOT INCOME.—Federal major disaster and
emergency assistance provided to individuals and families under
this Act, and comparable disaster assistance provided by States,
local governments, and disaster assistance organizations, shall not
be considered as income or a resource when determining eligibility
for or benefit levels under federally funded income assistance or re-
source-tested benefit programs.
ø42 U.S.C. 5155¿

SEC. 313. 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 Act. 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 co-
ordination and effectiveness of such programs and consistency in
policies for reimbursement of States under this Act.
ø42 U.S.C. 5156¿
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Sec. 314 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 30

SEC. 314. PENALTIES.

(a) MISUSE OF FUNDS.—Any person who knowingly misapplies
the proceeds of a loan or other cash benefit obtained under this Act
shall be fined an amount equal to one and one-half times the mis-
applied amount of the proceeds or cash benefit.
(b) CIVIL ENFORCEMENT.—Whenever it appears that any per-
son has violated or is about to violate any provision of this Act, in-
cluding any civil penalty imposed under this Act, the Attorney Gen-
eral may bring a civil action for such relief as may be appropriate.
Such action may be brought in an appropriate United States dis-
trict court.
(c) REFERRAL TO ATTORNEY GENERAL.—The President shall ex-
peditiously refer to the Attorney General for appropriate action any
evidence developed in the performance of functions under this Act
that may warrant consideration for criminal prosecution.
(d) CIVIL PENALTY.—Any individual who knowingly violates
any order or regulation issued under this Act shall be subject to a
civil penalty of not more than $5,000 for each violation.
ø42 U.S.C. 5157¿

AVAILABILITY OF MATERIALS

SEC. 315. The President is authorized, at the request of the

Governor of an affected State, to provide for a survey of construc-
tion materials needed in the area affected by a major disaster on
an emergency basis for housing repairs, replacement housing, pub-
lic facilities repairs and replacement, farming operations, and busi-
ness enterprises and to take appropriate action to assure the avail-
ability 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 replace-
ment, and for normal farm and business operations.
ø42 U.S.C. 5158¿

SEC. 316. PROTECTION OF ENVIRONMENT.

An action which is taken or assistance which is provided pur-
suant to section 402, 403, 406, 407, or 502, including such assist-
ance provided pursuant to the procedures provided for in section
422, 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 Environ-
mental Policy Act of 1969 (83 Stat. 852). 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 Act or
under any other provisions of law.
ø42 U.S.C. 5159¿
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31 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 319

SEC. 317. RECOVERY OF ASSISTANCE.

(a) PARTY LIABLE.—Any person who intentionally causes a con-
dition for which Federal assistance is provided under this Act or
under any other Federal law as a result of a declaration of a major
disaster or emergency under this Act shall be liable to the United
States for the reasonable costs incurred by the United States in re-
sponding to such disaster or emergency to the extent that such
costs are attributable to the intentional act or omission of such per-
son 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.
ø42 U.S.C. 5160¿

SEC. 318. AUDITS AND INVESTIGATIONS.

(a) IN GENERAL.—Subject to the provisions of chapter 75 of
title 31, United States Code, relating to requirements for single au-
dits, the President shall conduct audits and investigations as nec-
essary to assure compliance with this Act, and in connection there-
with may question such persons as may be necessary to carry out
such audits and investigations.
(b) ACCESS TO RECORDS.—For purposes of audits and investiga-
tions under this section, the President and Comptroller General
may inspect any books, documents, papers, and records of any per-
son relating to any activity undertaken or funded under this Act.
(c) STATE AND LOCAL AUDITS.—The President may require au-
dits by State and local governments in connection with assistance
under this Act when necessary to assure compliance with this Act
or related regulations.
ø42 U.S.C. 5161¿

SEC. 319. ADVANCE OF NON-FEDERAL SHARE.

(a) IN GENERAL.—The President may lend or advance to an eli-
gible applicant or a State the portion of assistance for which the
State is responsible under the cost-sharing provisions of this Act in
any case in which—
(1) the State is unable to assume its financial responsi-
bility under such cost-sharing provisions—
(A) with respect to concurrent, multiple major disas-
ters 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 ap-
plicant or the State to assume immediately their financial re-
sponsibility under this Act.
(b) TERMS OF LOANS AND ADVANCES.—
(1) IN GENERAL.—Any loan or advance under this section
shall be repaid to the United 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
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Sec. 320 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 32

on outstanding marketable obligations of the United States

with remaining periods to maturity comparable to the reim-
bursement period of the loan or advance.
(c) REGULATIONS.—The President shall issue regulations de-
scribing the terms and conditions under which any loan or advance
authorized by this section may be made.
ø42 U.S.C. 5162¿

SEC. 320. LIMITATION ON USE OF SLIDING SCALES.

No geographic area shall be precluded from receiving assist-
ance under this Act solely by virtue of an arithmetic formula or
sliding scale based on income or population.
ø42 U.S.C. 5163¿

SEC. 321. RULES AND REGULATIONS.

The President may prescribe such rules and regulations as
may be necessary and proper to carry out the provisions of this Act,
and may exercise, either directly or through such Federal agency
as the President may designate, any power or authority conferred
to the President by this Act.
ø42 U.S.C. 5164¿

SEC. 322. MITIGATION PLANNING.

(a) REQUIREMENT OF MITIGATION PLAN.—As a condition of re-
ceipt of an increased Federal share for hazard mitigation measures
under subsection (e), a State, local, or tribal government shall de-
velop and submit for approval to the President a mitigation plan
that outlines processes for identifying the natural hazards, risks,
and vulnerabilities of the area under the jurisdiction of the govern-
ment.
(b) LOCAL AND TRIBAL PLANS.—Each mitigation plan developed
by a local or tribal government shall—
(1) describe actions to mitigate hazards, risks, and
vulnerabilities identified under the plan; and
(2) establish a strategy to implement those actions.
(c) STATE PLANS.—The State process of development of a miti-
gation plan under this section shall—
(1) identify the natural hazards, risks, and vulnerabilities
of areas in the State;
(2) support development of local mitigation plans;
(3) provide for technical assistance to local and tribal gov-
ernments for mitigation planning; and
(4) identify and prioritize mitigation actions that the State
will support, as resources become available.
(d) FUNDING.—
(1) IN GENERAL.—Federal contributions under section 404
may be used to fund the development and updating of mitiga-
tion plans under this section.
(2) MAXIMUM FEDERAL CONTRIBUTION.—With respect to
any mitigation plan, a State, local, or tribal government may
use an amount of Federal contributions under section 404 not
to exceed 7 percent of the amount of such contributions avail-
able to the government as of a date determined by the govern-
ment.
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33 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 324

(e) INCREASED FEDERAL SHARE FOR HAZARD MITIGATION MEAS-

URES.—
(1) IN GENERAL.—If, at the time of the declaration of a
major disaster or event under section 420, a State has in effect
an approved mitigation plan under this section, the President
may increase to 20 percent, with respect to the major disaster
or event under section 420, the maximum percentage specified
in the last sentence of section 404(a).
(2) FACTORS FOR CONSIDERATION.—In determining whether
to increase the maximum percentage under paragraph (1), the
President shall consider whether the State has established—
(A) eligibility criteria for property acquisition and
other types of mitigation measures;
(B) requirements for cost effectiveness that are related
to the eligibility criteria;
(C) a system of priorities that is related to the eligi-
bility criteria; and
(D) a process by which an assessment of the effective-
ness of a mitigation action may be carried out after the
mitigation action is complete.
ø42 U.S.C. 5165¿

SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUC-

TURES.
(a) IN GENERAL.—As a condition of receipt of a disaster loan
or grant under this Act—
(1) the recipient shall carry out any repair or construction
to be financed with the loan or grant in accordance with appli-
cable standards of safety, decency, and sanitation and in con-
formity with applicable codes, specifications, and standards;
and
(2) the President may require safe land use and construc-
tion practices, after adequate consultation with appropriate
State and local government officials.
(b) EVIDENCE OF COMPLIANCE.—A recipient of a disaster loan
or grant under this Act shall provide such evidence of compliance
with this section as the President may require by regulation.
ø42 U.S.C. 5165a¿

SEC. 324. MANAGEMENT COSTS.

(a) DEFINITION OF MANAGEMENT COST.—In this section, the
term ‘‘management cost’’ includes any indirect cost, any direct ad-
ministrative cost, and any other administrative expense associated
with a specific project under a major disaster, emergency, or dis-
aster preparedness or mitigation activity or measure.
(b) ESTABLISHMENT OF MANAGEMENT COST RATES.—
(1) IN GENERAL.—Notwithstanding any other provision of
law (including any administrative rule or guidance), the Presi-
dent shall by regulation implement management cost rates, for
grantees and subgrantees, that shall be used to determine con-
tributions under this Act for management costs.
(2) SPECIFIC MANAGEMENT COSTS.—The Administrator of
the Federal Emergency Management Agency shall provide the
following percentage rates, in addition to the eligible project
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Sec. 325 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 34

costs, to cover direct and indirect costs of administering the fol-

lowing programs:
(A) HAZARD MITIGATION.—A grantee under section 404
may be reimbursed not more than 15 percent of the total
amount of the grant award under such section of which
not more than 10 percent may be used by the grantee and
5 percent by the subgrantee for such costs.
(B) PUBLIC ASSISTANCE.—A grantee under sections
403, 406, 407, and 502 may be reimbursed not more than
12 percent of the total award amount under such sections,
of which not more than 7 percent may be used by the
grantee and 5 percent by the subgrantee for such costs.
(c) REVIEW.—The President shall review the management cost
rates established under subsection (b) not later than 3 years after
the date of establishment of the rates and periodically thereafter.
ø42 U.S.C. 5165b¿

SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIRE-

MENTS.
(a) PUBLIC NOTICE AND COMMENT CONCERNING NEW OR MODI-
FIED POLICIES.—
(1) IN GENERAL.—The President shall provide for public no-
tice and opportunity for comment before adopting any new or
modified policy that—
(A) governs implementation of the public assistance
program administered by the Federal Emergency Manage-
ment Agency under this Act; and
(B) could result in a significant reduction of assistance
under the program.
(2) APPLICATION.—Any policy adopted under paragraph (1)
shall apply only to a major disaster or emergency declared on
or after the date on which the policy is adopted.
(b) CONSULTATION CONCERNING INTERIM POLICIES.—
(1) IN GENERAL.—Before adopting any interim policy under
the public assistance program to address specific conditions
that relate to a major disaster or emergency that has been de-
clared under this Act, the President, to the maximum extent
practicable, shall solicit the views and recommendations of
grantees and subgrantees with respect to the major disaster or
emergency concerning the potential interim policy, if the in-
terim policy is likely—
(A) to result in a significant reduction of assistance to
applicants for the assistance with respect to the major dis-
aster or emergency; or
(B) to change the terms of a written agreement to
which the Federal Government is a party concerning the
declaration of the major disaster or emergency.
(2) NO LEGAL RIGHT OF ACTION.—Nothing in this sub-
section confers a legal right of action on any party.
(c) PUBLIC ACCESS.—The President shall promote public access
to policies governing the implementation of the public assistance
program.
ø42 U.S.C. 5165c¿
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35 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 326

SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.

(a) IN GENERAL.—The President shall designate in the Federal
Emergency Management Agency a Small State and Rural Advo-
cate.
(b) RESPONSIBILITIES.—The Small State and Rural Advocate
shall be an advocate for the fair treatment of small States and
rural communities in the provision of assistance under this Act.
(c) DUTIES.—The Small State and Rural Advocate shall—
(1) participate in the disaster declaration process under
section 401 and the emergency declaration process under sec-
tion 501, to ensure that the needs of rural communities are
being addressed;
(2) assist small population States in the preparation of re-
quests for major disaster or emergency declarations;
(3) assist States in the collection and presentation of mate-
rial in the disaster or emergency declaration request relevant
to demonstrate severe localized impacts within the State for a
specific incident, including—
(A) the per capita personal income by local area, as
calculated by the Bureau of Economic Analysis;
(B) the disaster impacted population profile, as re-
ported by the Bureau of the Census, including—
(i) the percentage of the population for whom pov-
erty status is determined;
(ii) the percentage of the population already re-
ceiving Government assistance such as Supplemental
Security Income and Supplemental Nutrition Assist-
ance Program benefits;
(iii) the pre-disaster unemployment rate;
(iv) the percentage of the population that is 65
years old and older;
(v) the percentage of the population 18 years old
and younger;
(vi) the percentage of the population with a dis-
ability;
(vii) the percentage of the population who speak a
language other than English and speak English less
than ‘‘very well’’; and
(viii) any unique considerations regarding Amer-
ican Indian and Alaskan Native Tribal populations
raised in the State’s request for a major disaster dec-
laration that may not be reflected in the data points
referenced in this subparagraph;
(C) the impact to community infrastructure, includ-
ing—
(i) disruptions to community life-saving and life-
sustaining services;
(ii) disruptions or increased demand for essential
community services; and
(iii) disruptions to transportation, infrastructure,
and utilities; and
(D) any other information relevant to demonstrate se-
vere local impacts; and
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Sec. 327 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 36

(4) conduct such other activities as the Administrator of

the Federal Emergency Management Agency considers appro-
priate.
ø42 U.S.C. 5165d¿

SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

(a) DEFINITIONS.—In this section, the following definitions
shall apply:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Emergency Management Agency.
(2) AGENCY.—The term ‘‘Agency’’ means the Federal Emer-
gency Management Agency.
(3) HAZARD.—The term ‘‘hazard’’ has the meaning given
the term in section 602.
(4) NONEMPLOYEE SYSTEM MEMBER.—The term ‘‘non-
employee System member’’ means a System member not em-
ployed by a sponsoring agency or participating agency.
(5) PARTICIPATING AGENCY.—The term ‘‘participating agen-
cy’’ means a State or local government, nonprofit organization,
or private organization that has executed an agreement with
a sponsoring agency to participate in the System.
(6) SPONSORING AGENCY.—The term ‘‘sponsoring agency’’
means a State or local government that is the sponsor of a task
force designated by the Administrator to participate in the Sys-
tem.
(7) SYSTEM.—The term ‘‘System’’ means the National
Urban Search and Rescue Response System to be administered
under this section.
(8) SYSTEM MEMBER.—The term ‘‘System member’’ means
an individual who is not a full-time employee of the Federal
Government and who serves on a task force or on a System
management or other technical team.
(9) TASK FORCE.—The term ‘‘task force’’ means an urban
search and rescue team designated by the Administrator to
participate in the System.
(b) GENERAL AUTHORITY.—Subject to the requirements of this
section, the Administrator shall continue to administer the emer-
gency response system known as the National Urban Search and
Rescue Response System.
(c) FUNCTIONS.—In administering the System, the Adminis-
trator shall provide for a national network of standardized search
and rescue resources to assist States and local governments in re-
sponding to hazards.
(d) TASK FORCES.—
(1) DESIGNATION.—The Administrator shall designate task
forces to participate in the System. The Administration shall
determine the criteria for such participation.
(2) SPONSORING AGENCIES.—Each task force shall have a
sponsoring agency. The Administrator shall enter into an
agreement with the sponsoring agency with respect to the par-
ticipation of each task force in the System.
(3) COMPOSITION.—
(A) PARTICIPATING AGENCIES.—A task force may in-
clude, at the discretion of the sponsoring agency, one or
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37 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 327

more participating agencies. The sponsoring agency shall

enter into an agreement with each participating agency
with respect to the participation of the participating agen-
cy on the task force.
(B) OTHER INDIVIDUALS.—A task force may also in-
clude, at the discretion of the sponsoring agency, other in-
dividuals not otherwise associated with the sponsoring
agency or a participating agency. The sponsoring agency of
a task force may enter into a separate agreement with
each such individual with respect to the participation of
the individual on the task force.
(e) MANAGEMENT AND TECHNICAL TEAMS.—The Administrator
shall maintain such management teams and other technical teams
as the Administrator determines are necessary to administer the
System.
(f) APPOINTMENT OF SYSTEM MEMBERS INTO FEDERAL SERV-
ICE.—
(1) IN GENERAL.—The Administrator may appoint a Sys-
tem member into Federal service for a period of service to pro-
vide for the participation of the System member in exercises,
preincident staging, major disaster and emergency response ac-
tivities, and training events sponsored or sanctioned by the Ad-
ministrator.
(2) NONAPPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—
The Administrator may make appointments under paragraph
(1) without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(3) RELATIONSHIP TO OTHER AUTHORITIES.—The authority
of the Administrator to make appointments under this sub-
section shall not affect any other authority of the Adminis-
trator under this Act.
(4) LIMITATION.—A System member who is appointed into
Federal service under paragraph (1) shall not be considered an
employee of the United States for purposes other than those
specifically set forth in this section.
(g) COMPENSATION.—
(1) PAY OF SYSTEM MEMBERS.—Subject to such terms and
conditions as the Administrator may impose by regulation, the
Administrator shall make payments to the sponsoring agency
of a task force—
(A) to reimburse each employer of a System member
on the task force for compensation paid by the employer to
the System member for any period during which the Sys-
tem member is appointed into Federal service under sub-
section (f)(1); and
(B) to make payments directly to a nonemployee Sys-
tem member on the task force for any period during which
the nonemployee System member is appointed into Federal
service under subsection (f)(1).
(2) REIMBURSEMENT FOR EMPLOYEES FILLING POSITIONS OF
SYSTEM MEMBERS.—
(A) IN GENERAL.—Subject to such terms and conditions
as the Administrator may impose by regulation, the Ad-
ministrator shall make payments to the sponsoring agency
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Sec. 327 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 38

of a task force to be used to reimburse each employer of

a System member on the task force for compensation paid
by the employer to an employee filling a position normally
filled by the System member for any period during which
the System member is appointed into Federal service
under subsection (f)(1).
(B) LIMITATION.—Costs incurred by an employer shall
be eligible for reimbursement under subparagraph (A) only
to the extent that the costs are in excess of the costs that
would have been incurred by the employer had the System
member not been appointed into Federal service under
subsection (f)(1).
(3) METHOD OF PAYMENT.—A System member shall not be
entitled to pay directly from the Agency for a period during
which the System member is appointed into Federal Service
under subsection (f)(1).
(h) PERSONAL INJURY, ILLNESS, DISABILITY, OR DEATH.—
(1) IN GENERAL.—A System member who is appointed into
Federal service under subsection (f)(1) and who suffers per-
sonal injury, illness, disability, or death as a result of a per-
sonal injury sustained while acting in the scope of such ap-
pointment, shall, for the purposes of subchapter I of chapter 81
of title 5, United States Code, be treated as though the mem-
ber were an employee (as defined by section 8101 of that title)
who had sustained the injury in the performance of duty.
(2) ELECTION OF BENEFITS.—
(A) IN GENERAL.—A System member (or, in the case of
the death of the System member, the System member’s de-
pendent) who is entitled under paragraph (1) to receive
benefits under subchapter I of chapter 81 of title 5, United
States Code, by reason of personal injury, illness, dis-
ability, or death, and to receive benefits from a State or
local government by reason of the same personal injury,
illness, disability or death shall elect to—
(i) receive benefits under such subchapter; or
(ii) receive benefits from the State or local govern-
ment.
(B) DEADLINE.—A System member or dependent shall
make an election of benefits under subparagraph (A) not
later than 1 year after the date of the personal injury, ill-
ness, disability, or death that is the reason for the bene-
fits, or until such later date as the Secretary of Labor may
allow for reasonable cause shown.
(C) EFFECT OF ELECTION.—An election of benefits
made under this paragraph is irrevocable unless otherwise
provided by law.
(3) REIMBURSEMENT FOR STATE OR LOCAL BENEFITS.—Sub-
ject to such terms and conditions as the Administrator may im-
pose by regulation, if a System member or dependent elects to
receive benefits from a State or local government under para-
graph (2)(A), the Administrator shall reimburse the State or
local government for the value of the benefits.
(4) PUBLIC SAFETY OFFICER CLAIMS.—Nothing in this sub-
section shall be construed to bar any claim by, or with respect
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39 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 327

to, any System member who is a public safety officer, as de-

fined in section 1204 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b), for any benefits
authorized under part L of title I of that Act (42 U.S.C. 3796
et seq.).
(i) LIABILITY.—A System member appointed into Federal serv-
ice under subsection (f)(1), while acting within the scope of the ap-
pointment, shall be considered to be an employee of the Federal
Government under section 1346(b) of title 28, United States Code,
and chapter 171 of that title, relating to tort claims procedure.
(j) EMPLOYMENT AND REEMPLOYMENT RIGHTS.—With respect to
a System member who is not a regular full-time employee of a
sponsoring agency or participating agency, the following terms and
conditions apply:
(1) SERVICE.—Service as a System member shall be consid-
ered to be ‘‘service in the uniformed services’’ for purposes of
chapter 43 of title 38, United States Code, relating to employ-
ment and reemployment rights of individuals who have per-
formed service in the uniformed services (regardless of whether
the individual receives compensation for such participation).
All rights and obligations of such persons and procedures for
assistance, enforcement, and investigation shall be as provided
for in such chapter.
(2) PRECLUSION.—Preclusion of giving notice of service by
necessity of appointment under this section shall be considered
to be preclusion by ‘‘military necessity’’ for purposes of section
4312(b) of title 38, United States Code, pertaining to giving no-
tice of absence from a position of employment. A determination
of such necessity shall be made by the Administrator and shall
not be subject to judicial review.
(k) LICENSES AND PERMITS.—If a System member holds a valid
license, certificate, or other permit issued by any State or other
governmental jurisdiction evidencing the member’s qualifications in
any professional, mechanical, or other skill or type of assistance re-
quired by the System, the System member is deemed to be per-
forming a Federal activity when rendering aid involving such skill
or assistance during a period of appointment into Federal service
under subsection (f)(1).
(l) PREPAREDNESS COOPERATIVE AGREEMENTS.—Subject to the
availability of appropriations for such purpose, the Administrator
shall enter into an annual preparedness cooperative agreement
with each sponsoring agency. Amounts made available to a spon-
soring agency under such a preparedness cooperative agreement
shall be for the following purposes:
(1) Training and exercises, including training and exercises
with other Federal, State, and local government response enti-
ties.
(2) Acquisition and maintenance of equipment, including
interoperable communications and personal protective equip-
ment.
(3) Medical monitoring required for responder safety and
health in anticipation of and following a major disaster, emer-
gency, or other hazard, as determined by the Administrator.
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Sec. 401 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 40

(m) RESPONSE COOPERATIVE AGREEMENTS.—The Administrator

shall enter into a response cooperative agreement with each spon-
soring agency, as appropriate, under which the Administrator
agrees to reimburse the sponsoring agency for costs incurred by the
sponsoring agency in responding to a major disaster or emergency.
(n) OBLIGATIONS.—The Administrator may incur all necessary
obligations consistent with this section in order to ensure the effec-
tiveness of the System.
(o) EQUIPMENT MAINTENANCE AND REPLACEMENT.—Not later
than 180 days after the date of enactment of this section, the Ad-
ministrator shall submit to the appropriate congressional commit-
tees (as defined in section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101)) a report on the development of a plan, including im-
plementation steps and timeframes, to finance, maintain, and re-
place System equipment.
(p) FEDERAL EMPLOYEES.—Nothing in this section shall be con-
strued to mean that a task force may not include Federal employ-
ees. In the case of a Federal employee detailed to a task force, the
sponsoring agency shall enter into an agreement with the relevant
employing Federal agency.
ø42 U.S.C. 5165f¿

TITLE IV—MAJOR DISASTER

ASSISTANCE PROGRAMS
SEC. 401. PROCEDURE FOR DECLARATION.
(a) IN GENERAL.—All requests for a declaration by the Presi-
dent 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 Act, 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 require-
ments of this Act. Based on the request of a Governor under this
section, the President may declare under this Act that a major dis-
aster or emergency exists.
(b) INDIAN TRIBAL GOVERNMENT REQUESTS.—
(1) IN GENERAL.—The Chief Executive of an affected In-
dian tribal government may submit a request for a declaration
by the President that a major disaster exists consistent with
the requirements of subsection (a).
(2) REFERENCES.—In implementing assistance authorized
by the President under this Act in response to a request of the
Chief Executive of an affected Indian tribal government for a
major disaster declaration, any reference in this title or title
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41 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 402

III (except sections 310 and 326) to a State or the Governor of

a State is deemed to refer to an affected Indian tribal govern-
ment or the Chief Executive of an affected Indian tribal gov-
ernment, as appropriate.
(3) SAVINGS PROVISION.—Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President
at the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the same
incident.
(c) COST SHARE ADJUSTMENTS FOR INDIAN TRIBAL GOVERN-
MENTS.—
(1) IN GENERAL.—In providing assistance to an Indian trib-
al government under this title, the President may waive or ad-
just any payment of a non-Federal contribution with respect to
the assistance if—
(A) the President has the authority to waive or adjust
the payment under another provision of this title; and
(B) the President determines that the waiver or ad-
justment is necessary and appropriate.
(2) CRITERIA FOR MAKING DETERMINATIONS.—The President
shall establish criteria for making determinations under para-
graph (1)(B).
ø42 U.S.C. 5170¿

SEC. 402. GENERAL FEDERAL ASSISTANCE.

In any major disaster, the President may—
(1) direct any Federal agency, with or without reimburse-
ment, to utilize its authorities and the resources granted to it
under Federal law (including personnel, equipment, supplies,
facilities, and managerial, technical, and advisory services) in
support of State and local assistance response or recovery ef-
forts, including precautionary evacuations;
(2) coordinate all disaster relief assistance (including vol-
untary assistance) provided by Federal agencies, private orga-
nizations, and State and local governments, including pre-
cautionary evacuations and recovery;
(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 dis-
semination of such information;
(D) provision of health and safety measures;
(E) management, control, and reduction of immediate
threats to public health and safety; and
(F) recovery activities, including disaster impact as-
sessments and planning;
(4) assist State and local governments in the distribution
of medicine, food, and other consumable supplies, and emer-
gency assistance;
(5) provide assistance to State and local governments for
building code and floodplain management ordinance adminis-
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Sec. 403 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 42

tration and enforcement, including inspections for substantial

damage compliance; and
(6) provide accelerated Federal assistance and Federal sup-
port where necessary to save lives, prevent human suffering,
or mitigate severe damage, which may be provided in the ab-
sence of a specific request and in which case the President—
(A) shall, to the fullest extent practicable, promptly
notify and coordinate with officials in a State in which
such assistance or support is provided; and
(B) shall not, in notifying and coordinating with a
State under subparagraph (A), delay or impede the rapid
deployment, use, and distribution of critical resources to
victims of a major disaster.
ø42 U.S.C. 5170a¿

SEC. 403. 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 fol-
lows:
(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 govern-
ments in accordance with the purposes of this Act.
(2) MEDICINE, FOOD, AND OTHER CONSUMABLES.—Distrib-
uting or rendering through State and local governments, the
American National Red Cross, the Salvation Army, the Men-
nonite Disaster Service, and other relief and disaster assist-
ance organizations medicine durable medical equipment,, 4
food, and other consumable supplies, and other services and
assistance to disaster victims.
(3) WORK AND SERVICES TO SAVE LIVES AND PROTECT PROP-
ERTY.—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, emer-
gency mass care, emergency shelter, and provision of food,
water, medicinedurable medical equipment,, 4 and other es-
sential 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;
4 So in law. See amendments made by section 689(b) of Public Law 109–295.
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43 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 403

(H) provision of technical advice to State and local gov-

ernments on disaster management and control;
(I) reduction of immediate threats to life, property,
and public health and safety; and
(J) provision of rescue, care, shelter, and essential
needs—
(i) to individuals with household pets and service
animals; and
(ii) to such pets and animals.
(4) CONTRIBUTIONS.—Making contributions to State or
local governments or owners or operators of private 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, the Governor of the State in
which such incident occurred may request the President to di-
rect the Secretary of Defense to utilize the resources of the De-
partment of Defense for the purpose of performing on public
and private lands any emergency work which is made nec-
essary by such incident and which is essential for the preserva-
tion 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 car-
ried 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 407(b), relating to unconditional author-
ization 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 Assist-
ance Amendments of 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.
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Sec. 404 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 44

(d) SALARIES AND BENEFITS.—

(1) IN GENERAL.—If the President declares a major disaster
or emergency for an area within the jurisdiction of a State,
tribal, or local government, the President may reimburse the
State, tribal, or local government for costs relating to—
(A) basic pay and benefits for permanent employees of
the State, tribal, or local government conducting emer-
gency protective measures under this section, if—
(i) the work is not typically performed by the em-
ployees; and
(ii) the type of work may otherwise be carried out
by contract or agreement with private organizations,
firms, or individuals.; 5 or
(B) overtime and hazardous duty compensation for
permanent employees of the State, tribal, or local govern-
ment conducting emergency protective measures under
this section.
(2) OVERTIME.—The guidelines for reimbursement for costs
under paragraph (1) shall ensure that no State, tribal, or local
government is denied reimbursement for overtime payments
that are required pursuant to the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.).
(3) NO EFFECT ON MUTUAL AID PACTS.—Nothing in this
subsection shall affect the ability of the President to reimburse
labor force expenses provided pursuant to an authorized mu-
tual aid pact.
ø42 U.S.C. 5170b¿

SEC. 404. HAZARD MITIGATION.

(a) IN GENERAL.—The President may contribute up to 75 per-
cent of the cost of hazard mitigation measures which the President
has determined are cost effective and which substantially reduce
the risk of, or increase resilience to, future damage, hardship, loss,
or suffering in any area affected by a major disaster, or any area
affected by a fire for which assistance was provided under section
420. Such measures shall be identified following the evaluation of
natural hazards under section 322 and shall be subject to approval
by the President. Subject to section 322, the total of contributions
under this section for a major disaster or event under section 420
shall not exceed 15 percent for amounts not more than
$2,000,000,000, 10 percent for amounts of more than
$2,000,000,000 and not more than $10,000,000,000, and 7.5 percent
on amounts of more than $10,000,000,000 and not more than
$35,333,000,000 of the estimated aggregate amount of grants to be
made (less any associated administrative costs) under this Act with
respect to the major disaster or event under section 420.
(b) PROPERTY ACQUISITION AND RELOCATION ASSISTANCE.—
(1) GENERAL AUTHORITY.—In providing hazard mitigation
assistance under this section in connection with flooding, the
Administrator of the Federal Emergency Management Agency
may provide property acquisition and relocation assistance for
projects that meet the requirements of paragraph (2).
5 The grammar at the end of subparagraph (A)(ii) is so in law.
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45 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 404

(2) TERMS AND CONDITIONS.—An acquisition or relocation

project shall be eligible to receive assistance pursuant to para-
graph (1) only if—
(A) the applicant for the assistance is otherwise eligi-
ble to receive assistance under the hazard mitigation grant
program established under subsection (a); and
(B) on or after the date of enactment of this sub-
section, the applicant for the assistance enters into an
agreement with the Administrator that provides assur-
ances 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 re-
moved under the acquisition or relocation program
other than—
(I) a public facility that is open on all sides
and functionally related to a designated open
space;
(II) a rest room; or
(III) a structure that the Administrator ap-
proves 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 struc-
ture 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 ac-
quisition or relocation project carried out pursuant to this sec-
tion that was in effect on the day before the date of enactment
of this subsection.
(c) PROGRAM ADMINISTRATION BY STATES.—
(1) IN GENERAL.—A State desiring to administer the haz-
ard mitigation grant program established by this section with
respect to hazard mitigation assistance in the State may sub-
mit to the President an application for the delegation of the au-
thority to administer the program.
(2) CRITERIA.—The President, in consultation and coordi-
nation with States and local governments, shall establish cri-
teria for the approval of applications submitted under para-
graph (1). Until such time as the Administrator promulgates
regulations to implement this paragraph, the Administrator
may waive notice and comment rulemaking, if the Adminis-
trator determines doing so is necessary to expeditiously imple-
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Sec. 404 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 46

ment this section, and may carry out this section as a pilot pro-
gram. The criteria shall include, at a minimum—
(A) the demonstrated ability of the State to manage
the grant program under this section;
(B) there being in effect an approved mitigation plan
under section 322; and
(C) a demonstrated commitment to mitigation activi-
ties.
(3) APPROVAL.—The President shall approve an application
submitted under paragraph (1) that meets the criteria estab-
lished under paragraph (2).
(4) WITHDRAWAL OF APPROVAL.—If, after approving an ap-
plication of a State submitted under paragraph (1), the Presi-
dent determines that the State is not administering the hazard
mitigation grant program established by this section in a man-
ner satisfactory to the President, the President shall withdraw
the approval.
(5) AUDITS.—The President shall provide for periodic au-
dits of the hazard mitigation grant programs administered by
States under this subsection.
(d) STREAMLINED PROCEDURES.—
(1) IN GENERAL.—For the purpose of providing assistance
under this section, the President shall ensure that—
(A) adequate resources are devoted to ensure that ap-
plicable environmental reviews under the National Envi-
ronmental Policy Act of 1969 and historic preservation re-
views under the National Historic Preservation Act are
completed on an expeditious basis; and
(B) the shortest existing applicable process under the
National Environmental Policy Act of 1969 and the Na-
tional Historic Preservation Act is utilized.
(2) AUTHORITY FOR OTHER EXPEDITED PROCEDURES.—The
President may utilize expedited procedures in addition to those
required under paragraph (1) for the purpose of providing as-
sistance under this section, such as procedures under the Pro-
totype Programmatic Agreement of the Federal Emergency
Management Agency, for the consideration of multiple struc-
tures as a group and for an analysis of the cost-effectiveness
and fulfillment of cost-share requirements for proposed hazard
mitigation measures.
(e) ADVANCE ASSISTANCE.—The President may provide not
more than 25 percent of the amount of the estimated cost of hazard
mitigation measures to a State grantee eligible for a grant under
this section before eligible costs are incurred.
(f) USE OF ASSISTANCE.—Recipients of hazard mitigation as-
sistance provided under this section and section 203 may use the
assistance to conduct activities to help reduce the risk of future
damage, hardship, loss, or suffering in any area affected by a wild-
fire or windstorm, such as—
(1) reseeding ground cover with quick-growing or native
species;
(2) mulching with straw or chipped wood;
(3) constructing straw, rock, or log dams in small tribu-
taries to prevent flooding;
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47 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 405

(4) placing logs and other erosion barriers to catch sedi-

ment on hill slopes;
(5) installing debris traps to modify road and trail drain-
age mechanisms;
(6) modifying or removing culverts to allow drainage to
flow freely;
(7) adding drainage dips and constructing emergency spill-
ways to keep roads and bridges from washing out during
floods;
(8) planting grass to prevent the spread of noxious weeds;
(9) installing warning signs;
(10) establishing defensible space measures;
(11) reducing hazardous fuels;
(12) mitigating windstorm and wildfire damage, includ-
ing—
(A) replacing or installing electrical transmission or
distribution utility pole structures with poles that are re-
silient to extreme wind, wildfire, and combined ice and
wind loadings for the basic wind speeds and ice conditions
associated with the relevant location; and
(B) the installation of fire-resistant wires and infra-
structure and the undergrounding of wires;
(13) removing standing burned trees; and
(14) replacing water systems that have been burned and
have caused contamination.
(g) USE OF ASSISTANCE FOR EARTHQUAKE HAZARDS.—Recipi-
ents of hazard mitigation assistance provided under this section
and section 203 may use the assistance to conduct activities to help
reduce the risk of future damage, hardship, loss, or suffering in any
area affected by earthquake hazards, including—
(1) improvements to regional seismic networks in support
of building a capability for earthquake early warning;
(2) improvements to geodetic networks in support of build-
ing a capability for earthquake early warning; and
(3) improvements to seismometers, Global Positioning Sys-
tem receivers, and associated infrastructure in support of
building a capability for earthquake early warning.
ø42 U.S.C. 5170c¿

FEDERAL FACILITIES

SEC. 405. (a) 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) In order to carry out the provisions of this section, such re-
pair, reconstruction, restoration, or replacement may be begun not-
withstanding a lack or an insufficiency of funds appropriated for
such purpose, where such lack or insufficiency can be remedied by
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Sec. 406 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 48

the transfer, in accordance with law, of funds appropriated to that

agency for another purpose.
(c) In implementing this section, Federal agencies shall evalu-
ate 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 stand-
ards prescribed by the President.
ø42 U.S.C. 5171¿

SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED

FACILITIES.
(a) CONTRIBUTIONS.—
(1) IN GENERAL.—The President may make contributions—
(A) to a State or local government for the repair, res-
toration, reconstruction, or replacement of a public facility
damaged or destroyed by a major disaster and for associ-
ated expenses incurred by the government; and
(B) subject to paragraph (3), to a person that owns or
operates a private nonprofit facility damaged or destroyed
by a major disaster for the repair, restoration, reconstruc-
tion, or replacement of the facility and for associated ex-
penses incurred by the person.
(2) ASSOCIATED EXPENSES.—For the purposes of this sec-
tion, associated expenses shall include—
(A) the costs of mobilizing and employing the National
Guard for performance of eligible work;
(B) the costs of using prison labor to perform eligible
work, including wages actually paid, transportation to a
worksite, and extraordinary costs of guards, food, and lodg-
ing;
(C) base and overtime wages for the employees and
extra hires of a State, local government, or person de-
scribed in paragraph (1) that perform eligible work, plus
fringe benefits on such wages to the extent that such bene-
fits were being paid before the major disaster; and
(D) base and overtime wages for extra hires to facili-
tate the implementation and enforcement of adopted build-
ing codes for a period of not more than 180 days after the
major disaster is declared.
(3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT FA-
CILITIES.—
(A) IN GENERAL.—The President may make contribu-
tions to a private nonprofit facility under paragraph (1)(B)
only if—
(i) the facility provides critical services (as defined
by the President) in the event of a major disaster; or
(ii) the owner or operator of the facility—
(I) has applied for a disaster loan under sec-
tion 7(b) of the Small Business Act (15 U.S.C.
636(b)); and
(II)(aa) has been determined to be ineligible
for such a loan; or
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49 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 406

(bb) has obtained such a loan in the max-

imum amount for which the Small Business Ad-
ministration determines the facility is eligible.
(B) DEFINITION OF CRITICAL SERVICES.—In this para-
graph, the term ‘‘critical services’’ includes power, water
(including water provided by an irrigation organization or
facility), sewer, wastewater treatment, communications
(including broadcast and telecommunications), education,
and emergency medical care.
(C) RELIGIOUS FACILITIES.—A church, synagogue,
mosque, temple, or other house of worship, educational fa-
cility, or any other private nonprofit facility, shall be eligi-
ble for contributions under paragraph (1)(B), without re-
gard to the religious character of the facility or the pri-
mary religious use of the facility. No house of worship,
educational facility, or any other private nonprofit facility
may be excluded from receiving contributions under para-
graph (1)(B) because leadership or membership in the or-
ganization operating the house of worship is limited to per-
sons who share a religious faith or practice.
(4) NOTIFICATION TO CONGRESS.—Before making any con-
tribution under this section in an amount greater than
$20,000,000, the President shall notify—
(A) the Committee on Environment and Public Works
of the Senate;
(B) the Committee on Transportation and Infrastruc-
ture of the House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
(b) FEDERAL SHARE.—
(1) MINIMUM FEDERAL SHARE.—Except as provided in para-
graph (2), the Federal share of assistance under this section
shall be not less than 75 percent of the eligible cost of repair,
restoration, reconstruction, or replacement carried out under
this section.
(2) REDUCED FEDERAL SHARE.—The President shall pro-
mulgate regulations to reduce the Federal share of assistance
under this section to not less than 25 percent in the case of the
repair, restoration, reconstruction, or replacement of any eligi-
ble public facility or private nonprofit facility following an
event associated with a major disaster—
(A) that has been damaged, on more than one occasion
within the preceding 10-year period, by the same type of
event; and
(B) the owner of which has failed to implement appro-
priate mitigation measures to address the hazard that
caused the damage to the facility.
(3) INCREASED FEDERAL SHARE.—
(A) INCENTIVE MEASURES.—The President may provide
incentives to a State or Tribal government to invest in
measures that increase readiness for, and resilience from,
a major disaster by recognizing such investments through
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Sec. 406 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 50

a sliding scale that increases the minimum Federal share

to 85 percent. Such measures may include—
(i) the adoption of a mitigation plan approved
under section 322;
(ii) investments in disaster relief, insurance, and
emergency management programs;
(iii) encouraging the adoption and enforcement of
the latest published editions of relevant consensus-
based codes, specifications, and standards that incor-
porate the latest hazard-resistant designs and estab-
lish minimum acceptable criteria for the design, con-
struction, and maintenance of residential structures
and facilities that may be eligible for assistance under
this Act for the purpose of protecting the health, safe-
ty, and general welfare of the buildings’ users against
disasters;
(iv) facilitating participation in the community
rating system; and
(v) funding mitigation projects or granting tax in-
centives for projects that reduce risk.
(B) COMPREHENSIVE GUIDANCE.—Not later than 1 year
after the date of enactment of this paragraph, the Presi-
dent, acting through the Administrator, shall issue com-
prehensive guidance to State and Tribal governments re-
garding the measures and investments, weighted appro-
priately based on actuarial assessments of eligible actions,
that will be recognized for the purpose of increasing the
Federal share under this section. Guidance shall ensure
that the agency’s review of eligible measures and invest-
ments does not unduly delay determining the appropriate
Federal cost share.
(C) REPORT.—One year after the issuance of the guid-
ance required by subparagraph (B), the Administrator
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs of
the Senate a report regarding the analysis of the Federal
cost shares paid under this section.
(D) SAVINGS CLAUSE.—Nothing in this paragraph pre-
vents the President from increasing the Federal cost share
above 85 percent.
(c) LARGE IN-LIEU CONTRIBUTIONS.—
(1) FOR PUBLIC FACILITIES.—
(A) IN GENERAL.—In any case in which a State or local
government determines that the public welfare would not
best be served by repairing, restoring, reconstructing, or
replacing any public facility owned or controlled by the
State or local government, the State or local government
may elect to receive, in lieu of a contribution under sub-
section (a)(1)(A), a contribution in an amount equal to the
Federal share of the Federal estimate of the cost of repair-
ing, restoring, reconstructing, or replacing the facility and
of management expenses.
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51 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 406

(B) USE OF FUNDS.—Funds contributed to a State or

local government under this paragraph may be used—
(i) to repair, restore, or expand other selected pub-
lic facilities;
(ii) to construct new facilities; or
(iii) to fund hazard mitigation measures that the
State or local government determines to be necessary
to meet a need for governmental services and func-
tions in the area affected by the major disaster.
(C) LIMITATIONS.—Funds made available to a State or
local government under this paragraph may not be used
for—
(i) any public facility located in a regulatory
floodway (as defined in section 59.1 of title 44, Code
of Federal Regulations (or a successor regulation)); or
(ii) any uninsured public facility located in a spe-
cial flood hazard area identified by the Administrator
of the Federal Emergency Management Agency under
the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.).
(2) FOR PRIVATE NONPROFIT FACILITIES.—
(A) IN GENERAL.—In any case in which a person that
owns or operates a private nonprofit facility determines
that the public welfare would not best be served by repair-
ing, restoring, reconstructing, or replacing the facility, the
person may elect to receive, in lieu of a contribution under
subsection (a)(1)(B), a contribution in an amount equal to
the Federal share of the Federal estimate of the cost of re-
pairing, restoring, reconstructing, or replacing the facility
and of management expenses.
(B) USE OF FUNDS.—Funds contributed to a person
under this paragraph may be used—
(i) to repair, restore, or expand other selected pri-
vate nonprofit facilities owned or operated by the per-
son;
(ii) to construct new private nonprofit facilities to
be owned or operated by the person; or
(iii) to fund hazard mitigation measures that the
person determines to be necessary to meet a need for
the person’s services and functions in the area affected
by the major disaster.
(C) LIMITATIONS.—Funds made available to a person
under this paragraph may not be used for—
(i) any private nonprofit facility located in a regu-
latory floodway (as defined in section 59.1 of title 44,
Code of Federal Regulations (or a successor regula-
tion)); or
(ii) any uninsured private nonprofit facility located
in a special flood hazard area identified by the Admin-
istrator of the Federal Emergency Management Agen-
cy under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).
(d) FLOOD INSURANCE.—
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Sec. 406 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 52

(1) REDUCTION OF FEDERAL ASSISTANCE.—If a public facil-

ity or private nonprofit facility located in a special flood hazard
area identified for more than 1 year by the Administrator pur-
suant to the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.) is damaged or destroyed, after the 180th day fol-
lowing the date of the enactment of the Disaster Relief and
Emergency Assistance Amendments of 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 fa-
cility and associated expenses shall be reduced in accordance
with paragraph (2). This section shall not apply to more than
one building of a multi-structure educational, law enforcement,
correctional, fire, or medical campus, for any major disaster or
emergency declared by the President under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170, 5191) on or after
January 1, 2016, through December 31, 2018.
(2) AMOUNT OF REDUCTION.—The amount of a reduction in
Federal assistance under this section with respect to a facility
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 on such date.
(3) EXCEPTION.—Paragraphs (1) and (2) shall not apply to
a private nonprofit facility which is not covered by flood insur-
ance solely because of the local government’s failure to partici-
pate in the flood insurance program established by the Na-
tional Flood Insurance Act.
(4) DISSEMINATION OF INFORMATION.—The President shall
disseminate information regarding the reduction in Federal as-
sistance provided for by this subsection to State and local gov-
ernments and the owners and operators of private nonprofit fa-
cilities who may be affected by such a reduction.
(e) ELIGIBLE COST.—
(1) DETERMINATION.—
(A) IN GENERAL.—For the purposes of this section, for
disasters declared on or after August 1, 2017, or a disaster
in which a cost estimate has not yet been finalized for a
project, or for any project for which the finalized cost esti-
mate is on appeal, the President shall estimate the eligible
cost of repairing, restoring, reconstructing, or replacing a
public facility or private nonprofit facility—
(i) on the basis of the design of the facility as the
facility existed immediately before the major disaster;
(ii) in conformity with the latest published edi-
tions of relevant consensus-based codes, specifications,
and standards that incorporate the latest hazard-re-
sistant designs and establish minimum acceptable cri-
teria for the design, construction, and maintenance of
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53 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 406

residential structures and facilities that may be eligi-

ble for assistance under this Act for the purposes of
protecting the health, safety, and general welfare of a
facility’s users against disasters (including floodplain
management and hazard mitigation criteria required
by the President or under the Coastal Barrier Re-
sources Act (16 U.S.C. 3501 et seq.)); and
(iii) in a manner that allows the facility to meet
the definition of resilient developed pursuant to this
subsection.
(B) COST ESTIMATION PROCEDURES.—
(i) IN GENERAL.—Subject to paragraph (2), the
President shall use the cost estimation procedures es-
tablished under paragraph (3) to determine the eligi-
ble cost under this subsection.
(ii) APPLICABILITY.—The procedures specified in
this paragraph and paragraph (2) shall apply only to
projects the eligible cost of which is equal to or greater
than the amount specified in section 422.
(C) CONTRIBUTIONS.—Contributions for the eligible
cost made under this section may be provided on an actual
cost basis or on cost-estimation procedures.
(2) MODIFICATION OF ELIGIBLE COST.—
(A) ACTUAL COST GREATER THAN CEILING PERCENTAGE
OF ESTIMATED COST.—In any case in which the actual cost
of repairing, restoring, reconstructing, or replacing a facil-
ity under this section is greater than the ceiling percent-
age established under paragraph (3) of the cost estimated
under paragraph (1), the President may determine that
the eligible cost includes a portion of the actual cost of the
repair, restoration, reconstruction, or replacement that ex-
ceeds the cost estimated under paragraph (1).
(B) ACTUAL COST LESS THAN ESTIMATED COST.—
(i) GREATER THAN OR EQUAL TO FLOOR PERCENT-
AGE OF ESTIMATED COST.—In any case in which the ac-
tual cost of repairing, restoring, reconstructing, or re-
placing a facility under this section is less than 100
percent of the cost estimated under paragraph (1), but
is greater than or equal to the floor percentage estab-
lished under paragraph (3) of the cost estimated under
paragraph (1), the State or local government or person
receiving funds under this section shall use the excess
funds to carry out cost-effective activities that reduce
the risk of future damage, hardship, or suffering from
a major disaster.
(ii) LESS THAN FLOOR PERCENTAGE OF ESTIMATED
COST.—In any case in which the actual cost of repair-
ing, restoring, reconstructing, or replacing a facility
under this section is less than the floor percentage es-
tablished under paragraph (3) of the cost estimated
under paragraph (1), the State or local government or
person receiving assistance under this section shall re-
imburse the President in the amount of the difference.
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Sec. 406 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 54

(C) NO EFFECT ON APPEALS PROCESS.—Nothing in this

paragraph affects any right of appeal under section 423.
(3) EXPERT PANEL.—
(A) ESTABLISHMENT.—Not later than 18 months after
the date of the enactment of this paragraph, the President,
acting through the Administrator of the Federal Emer-
gency Management Agency, shall establish an expert
panel, which shall include representatives from the con-
struction industry and State and local government.
(B) DUTIES.—The expert panel shall develop rec-
ommendations concerning—
(i) procedures for estimating the cost of repairing,
restoring, reconstructing, or replacing a facility con-
sistent with industry practices; and
(ii) the ceiling and floor percentages referred to in
paragraph (2).
(C) REGULATIONS.—Taking into account the rec-
ommendations of the expert panel under subparagraph
(B), the President shall promulgate regulations that estab-
lish—
(i) cost estimation procedures described in sub-
paragraph (B)(i); and
(ii) the ceiling and floor percentages referred to in
paragraph (2).
(D) REVIEW BY PRESIDENT.—Not later than 2 years
after the date of promulgation of regulations under sub-
paragraph (C) and periodically thereafter, the President
shall review the cost estimation procedures and the ceiling
and floor percentages established under this paragraph.
(E) REPORT TO CONGRESS.—Not later than 1 year after
the date of promulgation of regulations under subpara-
graph (C), 3 years after that date, and at the end of each
2-year period thereafter, the expert panel shall submit to
Congress a report on the appropriateness of the cost esti-
mation procedures.
(4) SPECIAL RULE.—In any case in which the facility being
repaired, restored, reconstructed, or replaced under this section
was under construction on the date of the major disaster, the
cost of repairing, restoring, reconstructing, or replacing the fa-
cility shall include, for the purposes of this section, only those
costs that, under the contract for the construction, are the own-
er’s responsibility and not the contractor’s responsibility.
(5) NEW RULES.—
(A) IN GENERAL.—Not later than 18 months after the
date of enactment of this paragraph, the President, acting
through the Administrator of the Federal Emergency Man-
agement Agency, and in consultation with the heads of rel-
evant Federal departments and agencies, shall issue a
final rulemaking that defines the terms ‘‘resilient’’ and ‘‘re-
siliency’’ for purposes of this subsection.
(B) INTERIM GUIDANCE.—Not later than 60 days after
the date of enactment of this paragraph, the Administrator
shall issue interim guidance to implement this subsection.
Such interim guidance shall expire 18 months after the
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55 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 407

date of enactment of this paragraph or upon issuance of

final regulations pursuant to subparagraph (A), whichever
occurs first.
(C) GUIDANCE.—Not later than 90 days after the date
on which the Administrator issues the final rulemaking
under this paragraph, the Administrator shall issue any
necessary guidance related to the rulemaking.
(D) REPORT.—Not later than 2 years after the date of
enactment of this paragraph, the Administrator shall sub-
mit to Congress a report summarizing the regulations and
guidance issued pursuant to this paragraph.
ø42 U.S.C. 5172¿

DEBRIS REMOVAL

SEC. 407. (a) The President, whenever he determines it to be

in the public interest, is authorized—
(1) through the use of Federal departments, agencies, and
instrumentalities, to clear debris and wreckage resulting from
a major disaster 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) No authority under this section shall be exercised unless
the affected State or local government shall first arrange an uncon-
ditional 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 re-
moval.
(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.
(e) EXPEDITED PAYMENTS.—
(1) GRANT ASSISTANCE.—In making a grant under sub-
section (a)(2), the President shall provide not less than 50 per-
cent of the President’s initial estimate of the Federal share of
assistance as an initial payment in accordance with paragraph
(2).
(2) DATE OF PAYMENT.—Not later than 60 days after the
date of the estimate described in paragraph (1) and not later
than 90 days after the date on which the State or local govern-
ment or owner or operator of a private nonprofit facility applies
for assistance under this section, an initial payment described
in paragraph (1) shall be paid.
ø42 U.S.C. 5173¿
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Sec. 408 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 56

SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

(a) IN GENERAL.—
(1) PROVISION OF ASSISTANCE.—In accordance with this
section, the President, in consultation with the Governor of a
State, may provide financial assistance, and, if necessary, di-
rect services, to individuals and households in the State who,
as a direct result of a major disaster, have necessary expenses
and serious needs in cases in which the individuals and house-
holds are unable to meet such expenses or needs through other
means.
(2) RELATIONSHIP TO OTHER ASSISTANCE.—Under para-
graph (1), an individual or household shall not be denied as-
sistance under paragraph (1), (3), or (4) of subsection (c) solely
on the basis that the individual or household has not applied
for or received any loan or other financial assistance from the
Small Business Administration or any other Federal agency.
(b) HOUSING ASSISTANCE.—
(1) ELIGIBILITY.—The President may provide financial or
other assistance under this section to individuals and house-
holds to respond to the disaster-related housing needs of indi-
viduals and households who are displaced from their
predisaster primary residences or whose predisaster primary
residences are rendered uninhabitable, or with respect to indi-
viduals with disabilities, rendered inaccessible or uninhabit-
able, as a result of damage caused by a major disaster.
(2) DETERMINATION OF APPROPRIATE TYPES OF ASSIST-
ANCE.—
(A) IN GENERAL.—The President shall determine ap-
propriate types of housing assistance to be provided under
this section to individuals and households described in
subsection (a)(1) based on considerations of cost effective-
ness, convenience to the individuals and households, and
such other factors as the President may consider appro-
priate.
(B) MULTIPLE TYPES OF ASSISTANCE.—One or more
types of housing assistance may be made available under
this section, based on the suitability and availability of the
types of assistance, to meet the needs of individuals and
households in the particular disaster situation.
(c) TYPES OF HOUSING ASSISTANCE.—
(1) TEMPORARY HOUSING.—
(A) FINANCIAL ASSISTANCE.—
(i) IN GENERAL.—The President may provide fi-
nancial assistance to individuals or households to rent
alternate housing accommodations, existing rental
units, manufactured housing, recreational vehicles, or
other readily fabricated dwellings. Such assistance
may include the payment of the cost of utilities, ex-
cluding telephone service.
(ii) AMOUNT.—The amount of assistance under
clause (i) shall be based on the fair market rent for
the accommodation provided plus the cost of any
transportation, utility hookups, security deposits, or
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57 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 408

unit installation not provided directly by the Presi-

dent.
(B) DIRECT ASSISTANCE.—
(i) IN GENERAL.—The President may provide tem-
porary housing units, acquired by purchase or lease,
directly to individuals or households who, because of a
lack of available housing resources, would be unable to
make use of the assistance provided under subpara-
graph (A).
(ii) LEASE AND REPAIR OF RENTAL UNITS FOR TEM-
PORARY HOUSING.—
(I) IN GENERAL.—The President, to the extent
the President determines it would be a cost-effec-
tive alternative to other temporary housing op-
tions, may—
(aa) enter into lease agreements with
owners of multifamily rental property im-
pacted by a major disaster or located in areas
covered by a major disaster declaration to
house individuals and households eligible for
assistance under this section; and
(bb) make repairs or improvements to
properties under such lease agreements, to
the extent necessary to serve as safe and ade-
quate temporary housing.
(II) IMPROVEMENTS OR REPAIRS.—Under the
terms of any lease agreement for property entered
into under this subsection, the value of the im-
provements or repairs shall be deducted from the
value of the lease agreement.
(iii) PERIOD OF ASSISTANCE.—The President may
not provide direct assistance under clause (i) with re-
spect to a major disaster after the end of the 18-month
period beginning on the date of the declaration of the
major disaster by the President, except that the Presi-
dent may extend that period if the President deter-
mines that due to extraordinary circumstances an ex-
tension would be in the public interest.
(iv) COLLECTION OF RENTAL CHARGES.—After the
end of the 18-month period referred to in clause (iii),
the President may charge fair market rent for each
temporary housing unit provided.
(2) REPAIRS.—
(A) IN GENERAL.—The President may provide financial
assistance for—
(i) the repair of owner-occupied private residences,
utilities, and residential infrastructure (such as a pri-
vate access route) damaged by a major disaster to a
safe and sanitary living or functioning condition; and
(ii) eligible hazard mitigation measures that re-
duce the likelihood of future damage to such resi-
dences, utilities, or infrastructure.
(B) RELATIONSHIP TO OTHER ASSISTANCE.—A recipient
of assistance provided under this paragraph shall not be
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Sec. 408 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 58

required to show that the assistance can be met through

other means, except insurance proceeds.
(3) REPLACEMENT.—
(A) IN GENERAL.—The President may provide financial
assistance for the replacement of owner-occupied private
residences damaged by a major disaster.
(B) APPLICABILITY OF FLOOD INSURANCE REQUIRE-
MENT.—With respect to assistance provided under this
paragraph, the President may not waive any provision of
Federal law requiring the purchase of flood insurance as
a condition of the receipt of Federal disaster assistance.
(4) PERMANENT HOUSING CONSTRUCTION.—The President
may provide financial assistance or direct assistance to individ-
uals or households to construct permanent or semi-permanent
housing in insular areas outside the continental United States
and in other locations in cases in which—
(A) no alternative housing resources are available; and
(B) the types of temporary housing assistance de-
scribed in paragraph (1) are unavailable, infeasible, or not
cost-effective.
(d) TERMS AND CONDITIONS RELATING TO HOUSING ASSIST-
ANCE.—
(1) SITES.—
(A) IN GENERAL.—Any readily fabricated dwelling pro-
vided under this section shall, whenever practicable, be lo-
cated on a site that—
(i) is complete with utilities;
(ii) meets the physical accessibility requirements
for individuals with disabilities; and
(iii) is provided by the State or local government,
by the owner of the site, or by the occupant who was
displaced by the major disaster.
(B) SITES PROVIDED BY THE PRESIDENT.—A readily fab-
ricated dwelling may be located on a site provided by the
President if the President determines that such a site
would be more economical or accessible.
(2) DISPOSAL OF UNITS.—
(A) SALE TO OCCUPANTS.—
(i) IN GENERAL.—Notwithstanding any other provi-
sion of law, a temporary housing unit purchased under
this section by the President for the purpose of hous-
ing disaster victims may be sold directly to the indi-
vidual or household who is occupying the unit if the
individual or household lacks permanent housing.
(ii) SALE PRICE.—A sale of a temporary housing
unit under clause (i) shall be at a price that is fair and
equitable.
(iii) DEPOSIT OF PROCEEDS.—Notwithstanding any
other provision of law, the proceeds of a sale under
clause (i) shall be deposited in the appropriate Dis-
aster Relief Fund account.
(iv) HAZARD AND FLOOD INSURANCE.—A sale of a
temporary housing unit under clause (i) shall be made
on the condition that the individual or household pur-
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59 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 408

chasing the housing unit agrees to obtain and main-

tain hazard and flood insurance on the housing unit.
(v) USE OF GSA SERVICES.—The President may use
the services of the General Services Administration to
accomplish a sale under clause (i).
(B) OTHER METHODS OF DISPOSAL.—If not disposed of
under subparagraph (A), a temporary housing unit pur-
chased under this section by the President for the purpose
of housing disaster victims—
(i) may be sold to any person; or
(ii) may be sold, transferred, donated, or otherwise
made available directly to a State or other govern-
mental entity or to a voluntary organization for the
sole purpose of providing temporary housing to dis-
aster victims in major disasters and emergencies if, as
a condition of the sale, transfer, or donation, the State,
other governmental agency, or voluntary organization
agrees—
(I) to comply with the nondiscrimination pro-
visions of section 308; and
(II) to obtain and maintain hazard and flood
insurance on the housing unit.
(e) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—
(1) MEDICAL, DENTAL, CHILD CARE, AND FUNERAL EX-
PENSES.—The President, in consultation with the Governor of
a State, may provide financial assistance under this section to
an individual or household in the State who is adversely af-
fected by a major disaster to meet disaster-related medical,
dental, child care, and funeral expenses.
(2) PERSONAL PROPERTY, TRANSPORTATION, AND OTHER EX-
PENSES.—The President, in consultation with the Governor of
a State, may provide financial assistance under this section to
an individual or household described in paragraph (1) to ad-
dress personal property, transportation, and other necessary
expenses or serious needs resulting from the major disaster.
(f) STATE ROLE.—
(1) STATE- OR INDIAN TRIBAL GOVERNMENT-ADMINISTERED
ASSISTANCE AND OTHER NEEDS ASSISTANCE.—
(A) GRANT TO STATE.—Subject to subsection (g), a Gov-
ernor may request a grant from the President to provide
assistance to individuals and households in the State
under subsections (c)(1)(B), (c)(4), and (e) if the President
and the State or Indian tribal government comply, as de-
termined by the Administrator, with paragraph (3).
(B) ADMINISTRATIVE COSTS.—A State that receives a
grant under subparagraph (A) may expend not more than
5 percent of the amount of the grant for the administrative
costs of providing assistance to individuals and households
in the State under subsections (c)(1)(B), (c)(4), and (e).
(2) ACCESS TO RECORDS.—In providing assistance to indi-
viduals and households under this section, the President shall
provide for the substantial and ongoing involvement of the
States in which the individuals and households are located, in-
cluding by providing to the States access to the electronic
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Sec. 408 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 60

records of individuals and households receiving assistance

under this section in order for the States to make available any
additional State and local assistance to the individuals and
households.
(3) REQUIREMENTS.—
(A) APPLICATION.—A State or Indian tribal govern-
ment desiring to provide assistance under subsection
(c)(1)(B), (c)(4), or (e) shall submit to the President an ap-
plication for a grant to provide financial assistance under
the program.
(B) CRITERIA.—The President, in consultation and co-
ordination with State and Indian tribal governments, shall
establish criteria for the approval of applications sub-
mitted under subparagraph (A). The criteria shall include,
at a minimum—
(i) a requirement that the State or Indian tribal
government submit a housing strategy under subpara-
graph (C);
(ii) the demonstrated ability of the State or Indian
tribal government to manage the program under this
section;
(iii) there being in effect a plan approved by the
President as to how the State or Indian tribal govern-
ment will comply with applicable Federal laws and
regulations and how the State or Indian tribal govern-
ment will provide assistance under its plan;
(iv) a requirement that the State or Indian tribal
government comply with rules and regulations estab-
lished pursuant to subsection (j); and
(v) a requirement that the President, or the des-
ignee of the President, comply with subsection (i).
(C) REQUIREMENT OF HOUSING STRATEGY.—
(i) IN GENERAL.—A State or Indian tribal govern-
ment submitting an application under this paragraph
shall have an approved housing strategy, which shall
be developed and submitted to the President for ap-
proval.
(ii) REQUIREMENTS.—The housing strategy re-
quired under clause (i) shall—
(I) outline the approach of the State in work-
ing with Federal partners, Indian tribal govern-
ments, local communities, nongovernmental orga-
nizations, and individual disaster survivors to
meet disaster-related sheltering and housing
needs; and
(II) include the establishment of an activation
plan for a State Disaster Housing Task Force, as
outlined in the National Disaster Housing Strat-
egy, to bring together State, tribal, local, Federal,
nongovernmental, and private sector expertise to
evaluate housing requirements, consider potential
solutions, recognize special needs populations, and
propose recommendations.
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61 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 408

(D) QUALITY ASSURANCE.—Before approving an appli-

cation submitted under this section, the President, or the
designee of the President, shall institute adequate policies,
procedures, and internal controls to prevent waste, fraud,
abuse, and program mismanagement for this program and
for programs under subsections (c)(1)(B), (c)(4), and (e).
The President shall monitor and conduct quality assurance
activities on a State or Indian tribal government’s imple-
mentation of programs under subsections (c)(1)(B), (c)(4),
and (e). If, after approving an application of a State or In-
dian tribal government submitted under this paragraph,
the President determines that the State or Indian tribal
government is not administering the program established
by this section in a manner satisfactory to the President,
the President shall withdraw the approval.
(E) AUDITS.—The Inspector General of the Department
of Homeland Security shall provide for periodic audits of
the programs administered by States and Indian tribal
governments under this subsection.
(F) APPLICABLE LAWS.—All Federal laws applicable to
the management, administration, or contracting of the pro-
grams by the Federal Emergency Management Agency
under this section shall be applicable to the management,
administration, or contracting by a non-Federal entity
under this section.
(G) REPORT ON EFFECTIVENESS.—Not later than 18
months after the date of enactment of this paragraph, the
Inspector General of the Department of Homeland Security
shall submit a report to the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the Com-
mittee on Transportation and Infrastructure of the House
of Representatives on the State or Indian tribal govern-
ment’s role to provide assistance under this section. The
report shall contain an assessment of the effectiveness of
the State or Indian tribal government’s role in providing
assistance under this section, including—
(i) whether the State or Indian tribal govern-
ment’s role helped to improve the general speed of dis-
aster recovery;
(ii) whether the State or Indian tribal government
providing assistance under this section had the capac-
ity to administer this section; and
(iii) recommendations for changes to improve the
program if the State or Indian tribal government’s role
to administer the programs should be continued.
(H) REPORT ON INCENTIVES.—Not later than 12
months after the date of enactment of this paragraph, the
Administrator of the Federal Emergency Management
Agency shall submit a report to the Committee on Home-
land Security and Governmental Affairs of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives on a potential incentive struc-
ture for awards made under this section to encourage par-
ticipation by eligible States and Indian tribal governments.
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Sec. 408 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 62

In developing this report, the Administrator of the Federal

Emergency Management Agency shall consult with State,
local, and Indian tribal entities to gain their input on any
such incentive structure to encourage participation and
shall include this information in the report. This report
should address, among other options, potential adjust-
ments to the cost-share requirement and management
costs to State and Indian tribal governments.
(I) PROHIBITION.—The President may not condition the
provision of Federal assistance under this Act on a State
or Indian tribal government requesting a grant under this
section.
(J) MISCELLANEOUS.—
(i) NOTICE AND COMMENT.—The Administrator of
the Federal Emergency Management Agency may
waive notice and comment rulemaking with respect to
rules to carry out this section, if the Administrator de-
termines doing so is necessary to expeditiously imple-
ment this section, and may carry out this section as a
pilot program until such regulations are promulgated.
(ii) FINAL RULE.—Not later than 2 years after the
date of enactment of this paragraph, the Adminis-
trator of the Federal Emergency Management Agency
shall issue final regulations to implement this sub-
section as amended by the Disaster Recovery Reform
Act of 2018.
(iii) WAIVER AND EXPIRATION.—The authority
under clause (i) and any pilot program implemented
pursuant to such clause shall expire 2 years after the
date of enactment of this paragraph or upon issuance
of final regulations pursuant to clause (ii), whichever
occurs sooner.
(g) COST SHARING.—
(1) FEDERAL SHARE.—Except as provided in paragraph (2),
the Federal share of the costs eligible to be paid using assist-
ance provided under this section shall be 100 percent.
(2) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—In
the case of financial assistance provided under subsection (e)—
(A) the Federal share shall be 75 percent; and
(B) the non-Federal share shall be paid from funds
made available by the State.
(h) MAXIMUM AMOUNT OF ASSISTANCE.—
(1) IN GENERAL.—No individual or household shall receive
financial assistance greater than $25,000 under this section
with respect to a single major disaster, excluding financial as-
sistance to rent alternate housing accommodations under sub-
section (c)(1)(A)(i) and financial assistance to address other
needs under subsection (e).
(2) OTHER NEEDS ASSISTANCE.—The maximum financial as-
sistance any individual or household may receive under sub-
section (e) shall be equivalent to the amount set forth in para-
graph (1) with respect to a single major disaster.
(3) ADJUSTMENT OF LIMIT.—The limit established under
paragraphs (1) and (2) shall be adjusted annually to reflect
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63 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 410

changes in the Consumer Price Index for All Urban Consumers

published by the Department of Labor.
(4) EXCLUSION OF NECESSARY EXPENSES FOR INDIVIDUALS
WITH DISABILITIES.—
(A) IN GENERAL.—The maximum amount of assistance
established under paragraph (1) shall exclude expenses to
repair or replace damaged accessibility-related improve-
ments under paragraphs (2), (3), and (4) of subsection (c)
for individuals with disabilities.
(B) OTHER NEEDS ASSISTANCE.—The maximum amount
of assistance established under paragraph (2) shall exclude
expenses to repair or replace accessibility-related personal
property under subsection (e)(2) for individuals with dis-
abilities.
(i) VERIFICATION MEASURES.—In carrying out this section, the
President shall develop a system, including an electronic database,
that shall allow the President, or the designee of the President,
to—
(1) verify the identity and address of recipients of assist-
ance under this section to provide reasonable assurance that
payments are made only to an individual or household that is
eligible for such assistance;
(2) minimize the risk of making duplicative payments or
payments for fraudulent claims under this section;
(3) collect any duplicate payment on a claim under this
section, or reduce the amount of subsequent payments to offset
the amount of any such duplicate payment;
(4) provide instructions to recipients of assistance under
this section regarding the proper use of any such assistance,
regardless of how such assistance is distributed; and
(5) conduct an expedited and simplified review and appeal
process for an individual or household whose application for as-
sistance under this section is denied.
(j) RULES AND REGULATIONS.—The President shall prescribe
rules and regulations to carry out this section, including criteria,
standards, and procedures for determining eligibility for assistance.
ø42 U.S.C. 5174¿
øSec. 409 repealed by section 104(c)(2) of Public Law 106–390
(114 Stat. 1559).¿

UNEMPLOYMENT ASSISTANCE

SEC. 410. (a) The President is authorized to provide to any in-

dividual unemployed as a result of a major disaster such benefit as-
sistance as he deems appropriate while such individual is unem-
ployed for the weeks of such unemployment with respect to which
the individual is not entitled to any other unemployment com-
pensation (as that term is defined in section 85(b) of the Internal
Revenue Code of 1986) 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 dis-
aster continues or until the individual is reemployed in a suitable
position, but no longer than 26 weeks after the major disaster is
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Sec. 412 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 64

declared. Such assistance for a week of unemployment shall not ex-

ceed the maximum weekly amount authorized under the unemploy-
ment compensation law of the State in which the disaster occurred.
The President is directed to provide such assistance through agree-
ments with States which, in his judgment, have an adequate sys-
tem for administering such assistance through existing State agen-
cies.
(b) REEMPLOYMENT ASSISTANCE.—
(1) STATE ASSISTANCE.—A State shall provide, without re-
imbursement from any funds provided under this Act, reem-
ployment assistance services under any other law administered
by the State to individuals receiving benefits under this sec-
tion.
(2) FEDERAL ASSISTANCE.—The President may provide re-
employment assistance services under other laws to individ-
uals who are unemployed as a result of a major disaster and
who reside in a State which does not provide such services.
(c) APPLICATION DEADLINE.—
(1) IN GENERAL.—With respect to a major disaster for
which assistance is provided under this section and section
408, the application deadline for an individual seeking assist-
ance under this section shall match the application deadline
for individuals and households seeking assistance under sec-
tion 408.
(2) EXTENSION.—The President may accept an application
from an individual described in paragraph (1) that is sub-
mitted after the deadline described in paragraph (1) if—
(A) the individual has good cause for the late submis-
sion; and
(B) the individual submits the application before the
date on which the period during which assistance is pro-
vided under this section for the applicable major disaster
expires.
ø42 U.S.C. 5177¿
øSec. 411 repealed by section 206(c) of Public Law 106–390
(114 Stat. 1571).¿

BENEFITS AND DISTRIBUTION

SEC. 412. (a) Whenever the President determines that, as a re-

sult of a major disaster, low-income households are unable to pur-
chase 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
benefit allotments to such households pursuant to the provisions of
the Food Stamp Act of 1964 6 (P.L. 91–671; 84 Stat. 2048) and to
make surplus commodities available pursuant to the provisions of
this Act.
6 The reference to the ‘‘Food Stamp Act of 1964’’ probably should be a reference to the ‘‘Food
Stamp Act of 2008’’. The global amendment to the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act made by section 4002(b)(1)(C) and (2)(DD) of Public Law 110–246 to strike
‘‘Food Stamp Act’’ and insert ‘‘Food and Nutrition Act of 2008’’ was not carried out.
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65 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 416

(b) The President, through the Secretary of Agriculture or

other appropriate agencies, is authorized to continue to make such
benefit allotments and surplus commodities available to such
households for so long as he determines necessary, taking into con-
sideration such factors as he deems appropriate, including the con-
sequences of the major disaster on the earning power of the house-
holds, to which assistance is made available under this section.
(c) Nothing in this section shall be construed as amending or
otherwise changing the provisions of the Food Stamp Act of 1964 6
except as they relate to the availability of supplemental nutrition
assistance program benefits in an area affected by a major disaster.
ø42 U.S.C. 5179¿

FOOD COMMODITIES

SEC. 413. (a) The President is authorized and directed to as-

sure 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) The Secretary of Agriculture shall utilize funds appro-
priated under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), 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.
ø42 U.S.C. 5180¿

RELOCATION ASSISTANCE

SEC. 414. Notwithstanding any other provision of law, no per-

son otherwise eligible for any kind of replacement housing payment
under the Uniform Relocation Assistance and Real Property Acqui-
sition Policies Act of 1970 (P.L. 91–646) shall be denied such eligi-
bility as a result of his being unable, because of a major disaster
as determined by the President, to meet the occupancy require-
ments set by such Act.
ø42 U.S.C. 5181¿

LEGAL SERVICES

SEC. 415. Whenever the President determines that low-income

individuals are unable to secure legal services adequate to meet
their needs as a consequence of a major disaster, consistent with
the goals of the programs authorized by this Act, the President
shall assure that such programs are conducted with the advice and
assistance of appropriate Federal agencies and State and local bar
associations.
ø42 U.S.C. 5182¿

CRISIS COUNSELING ASSISTANCE AND TRAINING

SEC. 416. ø42 U.S.C. 5183¿

(a) IN GENERAL.—The President is authorized to provide pro-
fessional 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
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Sec. 417 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 66

disasters in order to relieve mental health problems caused or ag-

gravated by such major disaster or its aftermath.
(b) TRAINING.—Each State, local agency, or private mental
health organization providing professional counseling services de-
scribed in subsection (a) shall ensure that, any individual providing
professional counseling services to victims of a major disaster as
authorized under subsection (a), including individuals working for
nonprofit partners and recovery organizations, is appropriately
trained to address impacts from major disasters in communities,
and to individuals, with socio-economically disadvantaged back-
grounds.
COMMUNITY DISASTER LOANS

SEC. 417. (a) IN GENERAL.—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 per-
form its governmental functions.
(b) AMOUNT.—The amount of any such loan shall be based on
need, shall not exceed—
(1) 25 percent of the annual operating budget of that local
government for the fiscal year in which the major disaster oc-
curs, and shall not exceed $5,000,000; or
(2) if the loss of tax and other revenues of the local govern-
ment as a result of the major disaster is at least 75 percent
of the annual operating budget of that local government for the
fiscal year in which the major disaster occurs, 50 percent of the
annual operating budget of that local government for the fiscal
year in which the major disaster occurs, and shall not exceed
$5,000,000.
(c) REPAYMENT.—
(1) CANCELLATION.—Repayment of all or any part of such
loan to the extent that revenues of the local government during
the three full fiscal year period following the major disaster are
insufficient to meet the operating budget of the local govern-
ment, including additional disaster-related expenses of a mu-
nicipal operation character shall be cancelled.
(2) CONDITION ON CONTINUING ELIGIBILITY.—A local gov-
ernment shall not be eligible for further assistance under this
section during any period in which the local government is in
arrears with respect to a required repayment of a loan under
this section.
(d) EFFECT ON OTHER ASSISTANCE.—Any loans made under
this section shall not reduce or otherwise affect any grants or other
assistance under this Act.
ø42 U.S.C. 5184¿

EMERGENCY COMMUNICATIONS

SEC. 418. The President is authorized during, or in anticipation

of, an emergency or major disaster to establish temporary commu-
nications systems and to make such communications available to
State and local government officials and other persons as he deems
appropriate.
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67 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 421

ø42 U.S.C. 5185¿

EMERGENCY PUBLIC TRANSPORTATION

SEC. 419. The President is authorized to provide temporary

public transportation service in an area affected by a major dis-
aster 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 nec-
essary in order to enable the community to resume its normal pat-
tern of life as soon as possible.
ø42 U.S.C. 5186¿

SEC. 420. FIRE MANAGEMENT ASSISTANCE.

(a) IN GENERAL.—The President is authorized to provide assist-
ance, including grants, equipment, supplies, and personnel, to any
State or local government for the mitigation, management, and
control of any fire on public or private forest land or grassland that
threatens such destruction as would constitute a major disaster.
(b) COORDINATION WITH STATE AND TRIBAL DEPARTMENTS OF
FORESTRY.—In providing assistance under this section, the Presi-
dent shall coordinate with State and tribal departments of forestry.
(c) ESSENTIAL ASSISTANCE.—In providing assistance under this
section, the President may use the authority provided under sec-
tion 403.
(d) HAZARD MITIGATION ASSISTANCE.—Whether or not a major
disaster is declared, the President may provide hazard mitigation
assistance in accordance with section 404 in any area affected by
a fire for which assistance was provided under this section.
(e) RULES AND REGULATIONS.—The President shall prescribe
such rules and regulations as are necessary to carry out this sec-
tion.
ø42 U.S.C. 5187¿

TIMBER SALE CONTRACTS

SEC. 421. (a) 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 speci-
fied 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 es-
timated 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) 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 sub-
section (a) of this section, he may allow cancellation of a contract
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Sec. 422 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 68

entered into by his Department not withstanding contrary provi-

sions therein.
(c) The Secretary of Agriculture is authorized to reduce to
seven days the minimum period of advance public notice required
by the first section of the Act of June 4, 1897 (16 U.S.C. 476), 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 dis-
aster, (2) the sale of such timber will assist in sustaining the econ-
omy of such area, or (3) the sale of such timer is necessary to sal-
vage the value of timber damaged in such major disaster or to pro-
tect undamaged timber.
(d) The President, when he determines it to be in the public
interest, is authorized to make grants to any State or local govern-
ment for the purpose of removing from privately owned lands tim-
ber 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 actu-
ally 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.
ø42 U.S.C. 5188¿

SEC. 422. SIMPLIFIED PROCEDURE.

(a) IN GENERAL.—If the Federal estimate of the cost of—
(1) repairing, restoring, reconstructing, or replacing under
section 406 any damaged or destroyed public facility or private
nonprofit facility,
(2) emergency assistance under section 403 or 502, or
(3) debris removed under section 407,
is less than $1,000,000 (or, if the Administrator has established a
threshold under subsection (b), the amount established under sub-
section (b)), the President (on application of the State or local gov-
ernment 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 403, 406, 407, or 502, as the case
may be, on the basis of such Federal estimate. Such $1,000,000
amount or, if applicable, the amount established under subsection
(b), shall be adjusted annually to reflect changes in the Consumer
Price Index for All Urban Consumers published by the Department
of Labor.
(b) THRESHOLD.—
(1) REPORT.—Not later than 1 year after the date of enact-
ment of this subsection, the President, acting through the Ad-
ministrator of the Federal Emergency Management Agency (in
this section referred to as the ‘‘Administrator’’), shall—
(A) complete an analysis to determine whether an in-
crease in the threshold for eligibility under subsection (a)
is appropriate, which shall include consideration of cost-ef-
fectiveness, speed of recovery, capacity of grantees, past
performance, and accountability measures; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Af-
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69 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 423

fairs of the Senate a report regarding the analysis con-

ducted under subparagraph (A).
(2) AMOUNT.—After the Administrator submits the report
required under paragraph (1), the President shall direct the
Administrator to—
(A) immediately establish a threshold for eligibility
under this section in an appropriate amount, without re-
gard to chapter 5 of title 5, United States Code; and
(B) adjust the threshold annually to reflect changes in
the Consumer Price Index for all Urban Consumers pub-
lished by the Department of Labor.
(3) REVIEW AND REPORT.—Not later than 3 years after the
date on which the Administrator establishes a threshold under
paragraph (2), and every 3 years thereafter, the President, act-
ing through the Administrator, shall review the threshold for
eligibility under this section and submit to the Committee on
Transportation and Infrastructure of the House of Representa-
tives and the Committee on Homeland Security and Govern-
mental Affairs of the Senate a report regarding such review,
including any recommendations developed pursuant to such re-
view.
ø42 U.S.C. 5189¿

SEC. 423. APPEALS OF ASSISTANCE DECISIONS.

(a) RIGHT OF APPEAL.—Any decision regarding eligibility for,
from, or amount of assistance under this title may be appealed
within 60 days after the date on which the applicant for such as-
sistance is notified of the award or denial of award of such assist-
ance.
(b) PERIOD FOR DECISION.—A decision regarding an appeal
under subsection (a) shall be rendered within 90 days after the
date on which the Federal official designated to administer such
appeals receives notice of such appeal.
(c) RULES.—The President shall issue rules which provide for
the fair and impartial consideration of appeals under this section.
(d) RIGHT OF ARBITRATION.—
(1) IN GENERAL.—Notwithstanding this section, an appli-
cant for assistance under this title may request arbitration to
dispute the eligibility for assistance or repayment of assistance
provided for a dispute of more than $500,000 for any disaster
that occurred after January 1, 2016. Such arbitration shall be
conducted by the Civilian Board of Contract Appeals and the
decision of such Board shall be binding.
(2) REVIEW.—The Civilian Board of Contract Appeals shall
consider from the applicant all original and additional docu-
mentation, testimony, or other such evidence supporting the
applicant’s position at any time during arbitration.
(3) RURAL AREAS.—For an applicant for assistance in a
rural area under this title, the assistance amount eligible for
arbitration pursuant to this subsection shall be $100,000.
(4) RURAL AREA DEFINED.—For the purposes of this sub-
section, the term ‘‘rural area’’ means an area with a population
of less than 200,000 outside an urbanized area.
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Sec. 424 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 70

(5) ELIGIBILITY.—To participate in arbitration under this

subsection, an applicant—
(A) shall submit the dispute to the arbitration process
established under the authority granted under section 601
of Public Law 111–5; and
(B) may submit a request for arbitration after the
completion of the first appeal under subsection (a) at any
time before the Administrator of the Federal Emergency
Management Agency has issued a final agency determina-
tion or 180 days after the Administrator’s receipt of the
appeal if the Administrator has not provided the applicant
with a final determination on the appeal. The applicant’s
request shall contain documentation from the administra-
tive record for the first appeal and may contain additional
documentation supporting the applicant’s position.
ø42 U.S.C. 5189a¿

SEC. 424. DATE OF ELIGIBILITY; EXPENSES INCURRED BEFORE DATE

OF DISASTER.
Eligibility for Federal assistance under this title shall begin on
the date of the occurrence of the event which results in a declara-
tion by the President that a major disaster exists; except that rea-
sonable expenses which are incurred in anticipation of and imme-
diately preceding such event may be eligible for Federal assistance
under this Act.
ø42 U.S.C. 5189b¿

SEC. 425. TRANSPORTATION ASSISTANCE TO INDIVIDUALS AND

HOUSEHOLDS.
The President may provide transportation assistance to relo-
cate individuals displaced from their predisaster primary resi-
dences as a result of an incident declared under this Act or other-
wise transported from their predisaster primary residences under
section 403(a)(3) or 502, to and from alternative locations for short
or long-term accommodation or to return an individual or house-
hold to their predisaster primary residence or alternative location,
as determined necessary by the President.
ø42 U.S.C. 5189c¿

SEC. 426. CASE MANAGEMENT SERVICES.ø42 U.S.C. 5189d¿

(a) IN GENERAL.—The President may provide case manage-
ment services, including financial assistance, to State or local gov-
ernment agencies or qualified private organizations to provide such
services, to victims of major disasters to identify and address
unmet needs.
(b) TRAINING.—Each State, local government agency, or quali-
fied private organization providing professional counseling services
described in subsection (a) shall ensure that any individual pro-
viding case management services to victims of a major disaster as
authorized under subsection (a), including individuals working for
nonprofit partners and recovery organizations, is appropriately
trained to address impacts from major disasters in communities,
and to individuals, with socio-economically disadvantaged back-
grounds.
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71 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 428

SEC. 427. ESSENTIAL SERVICE PROVIDERS.

(a) DEFINITION.—In this section, the term ‘‘essential service
provider’’ means an entity that—
(1)(A) provides—
(i) wireline or mobile telephone service, Internet access
service, radio or television broadcasting, cable service, or
direct broadcast satellite service;
(ii) electrical power;
(iii) natural gas;
(iv) water and sewer services; or
(v) any other essential service, as determined by the
President; or
(B) 7 is a tower owner or operator;
(2) is—
(A) a municipal entity;
(B) a nonprofit entity; or
(C) a private, for profit entity; and
(3) is contributing to efforts to respond to an emergency or
major disaster.
(b) AUTHORIZATION FOR ACCESSIBILITY.—Unless exceptional cir-
cumstances apply, in an emergency or major disaster, the head of
a Federal agency, to the greatest extent practicable, shall not—
(1) deny or impede access to the disaster site to an essen-
tial service provider whose access is necessary to restore and
repair an essential service; or
(2) impede the restoration or repair of the services de-
scribed in subsection (a)(1).
(c) IMPLEMENTATION.—In implementing this section, the head
of a Federal agency shall follow all applicable Federal laws, regula-
tions, and policies.
ø42 U.S.C. 5189e¿

SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCE-

DURES.
(a) APPROVAL OF PROJECTS.—The President, acting through the
Administrator of the Federal Emergency Management Agency, may
approve projects under the alternative procedures adopted under
this section for any major disaster or emergency declared on or
after the date of enactment of this section 8. The Administrator
may also apply the alternate procedures adopted under this section
to a major disaster or emergency declared before enactment of this
Act 8 for which construction has not begun as of the date of enact-
ment of this Act 8.
(b) ADOPTION.—The Administrator, in coordination with States,
tribal and local governments, and owners or operators of private
nonprofit facilities, may adopt alternative procedures to administer
assistance provided under sections 403(a)(3)(A), 406, 407, and
502(a)(5).
(c) GOALS OF PROCEDURES.—The alternative procedures adopt-
ed under subsection (a) shall further the goals of—
(1) reducing the costs to the Federal Government of pro-
viding such assistance;
7 Margin of subparagraph (B) is so in law.
8 The date of enactment of P.L. 113–2 is January 29, 2013.
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Sec. 428 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 72

(2) increasing flexibility in the administration of such as-

sistance;
(3) expediting the provision of such assistance to a State,
tribal or local government, or owner or operator of a private
nonprofit facility; and
(4) providing financial incentives and disincentives for a
State, tribal or local government, or owner or operator of a pri-
vate nonprofit facility for the timely and cost-effective comple-
tion of projects with such assistance.
(d) PARTICIPATION.—
(1) IN GENERAL.—Participation in the alternative proce-
dures adopted under this section shall be at the election of a
State, tribal or local government, or owner or operator of a pri-
vate nonprofit facility consistent with procedures determined
by the Administrator.
(2) NO CONDITIONS.—The President may not condition the
provision of Federal assistance under this Act on the election
by a State, local, or Indian tribal government, or owner or op-
erator of a private nonprofit facility to participate in the alter-
native procedures adopted under this section.
(e) MINIMUM PROCEDURES.—The alternative procedures adopt-
ed under this section shall include the following:
(1) For repair, restoration, and replacement of damaged fa-
cilities under section 406—
(A) making grants on the basis of fixed estimates, if
the State, tribal or local government, or owner or operator
of the private nonprofit facility agrees to be responsible for
any actual costs that exceed the estimate;
(B) providing an option for a State, tribal or local gov-
ernment, or owner or operator of a private nonprofit facil-
ity to elect to receive an in-lieu contribution, without re-
duction, on the basis of estimates of—
(i) the cost of repair, restoration, reconstruction,
or replacement of a public facility owned or controlled
by the State, tribal or local government or owner or
operator of a private nonprofit facility; and
(ii) management expenses;
(C) consolidating, to the extent determined appro-
priate by the Administrator, the facilities of a State, tribal
or local government, or owner or operator of a private non-
profit facility as a single project based upon the estimates
adopted under the procedures;
(D) if the actual costs of a project completed under the
procedures are less than the estimated costs thereof, the
Administrator may permit a grantee or subgrantee to use
all or part of the excess funds for—
(i) cost-effective activities that reduce the risk of
future damage, hardship, or suffering from a major
disaster; and
(ii) other activities to improve future Public As-
sistance operations or planning;
(E) in determining eligible costs under section 406, the
Administrator shall make available, at an applicant’s re-
quest and where the Administrator or the certified cost es-
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73 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 428

timate prepared by the applicant’s professionally licensed

engineers has estimated an eligible Federal share for a
project of at least $5,000,000, an independent expert panel
to validate the estimated eligible cost consistent with ap-
plicable regulations and policies implementing this section;
(F) in determining eligible costs under section 406, the
Administrator shall, at the applicant’s request, consider
properly conducted and certified cost estimates prepared
by professionally licensed engineers (mutually agreed upon
by the Administrator and the applicant), to the extent that
such estimates comply with applicable regulations, policy,
and guidance; and
(G) once certified by a professionally licensed engineer
and accepted by the Administrator, the estimates on which
grants made pursuant to this section are based shall be
presumed to be reasonable and eligible costs, as long as
there is no evidence of fraud.
(2) For debris removal under sections 403(a)(3)(A), 407,
and 502(a)(5)—
(A) making grants on the basis of fixed estimates to
provide financial incentives and disincentives for the time-
ly or cost-effective completion if the State, tribal or local
government, or owner or operator of the private nonprofit
facility agrees to be responsible to pay for any actual costs
that exceed the estimate;
(B) using a sliding scale for determining the Federal
share for removal of debris and wreckage based on the
time it takes to complete debris and wreckage removal;
(C) allowing use of program income from recycled de-
bris without offset to the grant amount;
(D) reimbursing base and overtime wages for employ-
ees and extra hires of a State, tribal or local government,
or owner or operator of a private nonprofit facility per-
forming or administering debris and wreckage removal;
(E) providing incentives to a State or tribal or local
government to have a debris management plan approved
by the Administrator and have pre-qualified 1 or more de-
bris and wreckage removal contractors before the date of
declaration of the major disaster; and
(F) if the actual costs of projects under subparagraph
(A) are less than the estimated costs of the project, the Ad-
ministrator may permit a grantee or subgrantee to use all
or part of the excess funds for—
(i) debris management planning;
(ii) acquisition of debris management equipment
for current or future use; and
(iii) other activities to improve future debris re-
moval operations, as determined by the Administrator.
(f) WAIVER AUTHORITY.—Until such time as the Administrator
promulgates regulations to implement this section, the Adminis-
trator may—
(1) waive notice and comment rulemaking, if the Adminis-
trator determines the waiver is necessary to expeditiously im-
plement this section; and
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Sec. 429 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 74

(2) carry out the alternative procedures under this section

as a pilot program.
(g) OVERTIME PAYMENTS.—The guidelines for reimbursement
for costs under subsection (e)(2)(D) shall ensure that no State or
local government is denied reimbursement for overtime payments
that are required pursuant to the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.).
(h) REPORT.—
(1) IN GENERAL.—Not earlier than 3 years, and not later
than 5 years, after the date of enactment of this section, the
Inspector General of the Department of Homeland Security
shall submit to the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Representatives a
report on the alternative procedures for the repair, restoration,
and replacement of damaged facilities under section 406 au-
thorized under this section.
(2) CONTENTS.—The report shall contain an assessment of
the effectiveness of the alternative procedures, including—
(A) whether the alternative procedures helped to im-
prove the general speed of disaster recovery;
(B) the accuracy of the estimates relied upon;
(C) whether the financial incentives and disincentives
were effective;
(D) whether the alternative procedures were cost effec-
tive;
(E) whether the independent expert panel described in
subsection (e)(1)(E) was effective; and
(F) recommendations for whether the alternative pro-
cedures should be continued and any recommendations for
changes to the alternative procedures.
ø42 U.S.C. 5189f¿

SEC. 429. UNIFIED FEDERAL REVIEW.

(a) IN GENERAL.—Not later than 18 months after the date of
enactment of this section, and in consultation with the Council on
Environmental Quality and the Advisory Council on Historic Pres-
ervation, the President shall establish an expedited and unified
interagency review process to ensure compliance with environ-
mental and historic requirements under Federal law relating to
disaster recovery projects, in order to expedite the recovery process,
consistent with applicable law.
(b) CONTENTS.—The review process established under this sec-
tion shall include mechanisms to expeditiously address delays that
may occur during the recovery from a major disaster and be up-
dated, as appropriate, consistent with applicable law.
ø42 U.S.C. 5189g¿

SEC. 430. ø42 U.S.C. 5189h¿ AGENCY ACCOUNTABILITY.

(a) PUBLIC ASSISTANCE.—Not later than 5 days after an award
of a public assistance grant is made under section 406 that is in
excess of $1,000,000, the Administrator of the Federal Emergency
Management Agency shall publish on the website of the Federal
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75 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 430

Emergency Management Agency the specifics of each such grant

award, including—
(1) identifying the Federal Emergency Management Agen-
cy Region;
(2) the disaster or emergency declaration number;
(3) the State, county, and applicant name;
(4) if the applicant is a private nonprofit organization;
(5) the damage category code;
(6) the amount of the Federal share obligated; and
(7) the date of the award.
(b) MISSION ASSIGNMENTS.—
(1) IN GENERAL.—Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator of the Federal Emergency Management Agency
shall publish on the website of the Federal Emergency Man-
agement Agency any mission assignment or mission assign-
ment task order to another Federal department or agency re-
garding a major disaster in excess of $1,000,000, including—
(A) the name of the impacted State or Indian Tribe;
(B) the disaster declaration for such State or Indian
Tribe;
(C) the assigned agency;
(D) the assistance requested;
(E) a description of the disaster;
(F) the total cost estimate;
(G) the amount obligated;
(H) the State or Indian tribal government cost share,
if applicable;
(I) the authority under which the mission assignment
or mission assignment task order was directed; and
(J) if applicable, the date a State or Indian Tribe re-
quested the mission assignment.
(2) RECORDING CHANGES.—Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator of the Federal Emergency
Management Agency shall update any changes to the total cost
estimate and the amount obligated.
(c) DISASTER RELIEF MONTHLY REPORT.—Not later than 10
days after the first day of each month, the Administrator of the
Federal Emergency Management Agency shall publish on the
website of the Federal Emergency Management Agency reports, in-
cluding a specific description of the methodology and the source
data used in developing such reports, including—
(1) an estimate of the amounts for the fiscal year covered
by the President’s most recent budget pursuant to section
1105(a) of title 31, United States Code, including—
(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried over
from the budget year to the budget year plus 1;
(C) the amount of obligations for noncatastrophic
events for the budget year;
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Sec. 430 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 76

(D) the amount of obligations for the budget year for

catastrophic events delineated by event and by State;
(E) the total amount that has been previously obli-
gated or will be required for catastrophic events delineated
by event and by State for all prior years, the current fiscal
year, the budget year, and each fiscal year thereafter;
(F) the amount of previously obligated funds that will
be recovered for the budget year;
(G) the amount that will be required for obligations for
emergencies, as described in section 102(1), major disas-
ters, as described in section 102(2), fire management as-
sistance grants, as described in section 420, surge activi-
ties, and disaster readiness and support activities; and
(H) the amount required for activities not covered
under section 251(b)(2)(D)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii)); and
(2) an estimate or actual amounts, if available, of the fol-
lowing for the current fiscal year, which shall be submitted not
later than the fifth day of each month, published by the Ad-
ministrator of the Federal Emergency Management Agency on
the website of the Federal Emergency Management Agency not
later than the fifth day of each month:
(A) A summary of the amount of appropriations made
available by source, the transfers executed, the previously
allocated funds recovered, and the commitments, alloca-
tions, and obligations made.
(B) A table of disaster relief activity delineated by
month, including—
(i) the beginning and ending balances;
(ii) the total obligations to include amounts obli-
gated for fire assistance, emergencies, surge, and dis-
aster support activities;
(iii) the obligations for catastrophic events delin-
eated by event and by State; and
(iv) the amount of previously obligated funds that
are recovered.
(C) A summary of allocations, obligations, and expend-
itures for catastrophic events delineated by event.
(D) The cost of the following categories of spending:
(i) Public assistance.
(ii) Individual assistance.
(iii) Mitigation.
(iv) Administrative.
(v) Operations.
(vi) Any other relevant category (including emer-
gency measures and disaster resources) delineated by
disaster.
(E) The date on which funds appropriated will be ex-
hausted.
(d) CONTRACTS.—
(1) INFORMATION.—Not later than 10 days after the first
day of each month, the Administrator of the Federal Emer-
gency Management Agency shall publish on the website of the
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77 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 430

Federal Emergency Management Agency the specifics of each

contract in excess of $1,000,000 that the Federal Emergency
Management Agency enters into, including—
(A) the name of the party;
(B) the date the contract was awarded;
(C) the amount and scope of the contract;
(D) if the contract was awarded through a competitive
bidding process;
(E) if no competitive bidding process was used, the
reason why competitive bidding was not used; and
(F) the authority used to bypass the competitive bid-
ding process.
The information shall be delineated by disaster, if applicable,
and specify the damage category code, if applicable.
(2) REPORT.—Not later than 10 days after the last day of
the fiscal year, the Administrator of the Federal Emergency
Management Agency shall provide a report to the appropriate
committees of Congress summarizing the following information
for the preceding fiscal year:
(A) The number of contracts awarded without competi-
tive bidding.
(B) The reasons why a competitive bidding process
was not used.
(C) The total amount of contracts awarded with no
competitive bidding.
(D) The damage category codes, if applicable, for con-
tracts awarded without competitive bidding.
(e) COLLECTION OF PUBLIC ASSISTANCE RECIPIENT AND SUB-
RECIPIENT CONTRACTS.—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of this subsection, the Administrator of the Federal
Emergency Management Agency shall initiate and maintain an
effort to collect and store information, prior to the project close-
out phase on any contract entered into by a public assistance
recipient or subrecipient that through the base award, avail-
able options, or any subsequent modifications has an estimated
value of more than $1,000,000 and is funded through section
324, 403, 404, 406, 407, 428, or 502, including—
(A) the disaster number, project worksheet number,
and the category of work associated with each contract;
(B) the name of each party;
(C) the date the contract was awarded;
(D) the amount of the contract;
(E) the scope of the contract;
(F) the period of performance for the contract; and
(G) whether the contract was awarded through a com-
petitive bidding process.
(2) AVAILABILITY OF INFORMATION COLLECTED.—The Ad-
ministrator of the Federal Emergency Management Agency
shall make the information collected and stored under para-
graph (1) available to the Inspector General of the Department
of Homeland Security, the Government Accountability Office,
and appropriate committees of Congress, upon request.
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Sec. 501 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 78

(3) REPORT.—Not later than 365 days after the date of en-
actment of this subsection, the Administrator of the Federal
Emergency Management Agency shall submit a report to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives on the efforts of the
Federal Emergency Management Agency to collect the informa-
tion described in paragraph (1).

TITLE V—EMERGENCY ASSISTANCE

PROGRAMS
SEC. 501. 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 af-
fected local governments and that Federal assistance is necessary.
As a part of such request, and as a prerequisite to emergency as-
sistance under this Act, 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 al-
leviate the emergency, and will define the type and extent of Fed-
eral aid required. Based upon such Governor’s request, the Presi-
dent may declare that an emergency exists.
(b) CERTAIN EMERGENCIES INVOLVING FEDERAL PRIMARY RE-
SPONSIBILITY.—The President may exercise any authority vested in
him by section 502 or section 503 with respect to an emergency
when he determines that an emergency exists for which the pri-
mary responsibility for response rests with the United States be-
cause the emergency involves a subject area for which, under the
Constitution or laws of the United States, the United States exer-
cises exclusive or preeminent responsibility and authority. In deter-
mining 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 sub-
section (a).
(c) INDIAN TRIBAL GOVERNMENT REQUESTS.—
(1) IN GENERAL.—The Chief Executive of an affected In-
dian tribal government may submit a request for a declaration
by the President that an emergency exists consistent with the
requirements of subsection (a).
(2) REFERENCES.—In implementing assistance authorized
by the President under this title in response to a request of the
Chief Executive of an affected Indian tribal government for an
emergency declaration, any reference in this title or title III
(except sections 310 and 326) to a State or the Governor of a
State is deemed to refer to an affected Indian tribal govern-
ment or the Chief Executive of an affected Indian tribal gov-
ernment, as appropriate.
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79 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 502

(3) SAVINGS PROVISION.—Nothing in this subsection shall

prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President
at the request of a State under subsection (a) if the President
does not make a declaration under this subsection for the same
incident.
ø42 U.S.C. 5191¿

SEC. 502. FEDERAL EMERGENCY ASSISTANCE.

(a) SPECIFIED.—In any emergency, the President may—
(1) direct any Federal agency, with or without reimburse-
ment, 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, including precautionary
evacuations;
(2) coordinate all disaster relief assistance (including vol-
untary assistance) provided by Federal agencies, private orga-
nizations, 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 dis-
semination 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 agen-
cies;
(5) remove debris in accordance with the terms and condi-
tions of section 407;
(6) provide assistance in accordance with section 408 and
section 416;
(7) assist State and local governments in the distribution
of medicine, food, and other consumable supplies, and emer-
gency assistance; and
(8) provide accelerated Federal assistance and Federal sup-
port where necessary to save lives, prevent human suffering,
or mitigate severe damage, which may be provided in the ab-
sence of a specific request and in which case the President—
(A) shall, to the fullest extent practicable, promptly
notify and coordinate with a State in which such assist-
ance or support is provided; and
(B) shall not, in notifying and coordinating with a
State under subparagraph (A), delay or impede the rapid
deployment, use, and distribution of critical resources to
victims of an emergency.
(b) GENERAL.—Whenever the Federal assistance provided
under subsection (a) 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 less-
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Sec. 503 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 80

en or avert the threat of a catastrophe, including precautionary

evacuations.
(c) GUIDELINES.—The President shall promulgate and maintain
guidelines to assist Governors in requesting the declaration of an
emergency in advance of a natural or man-made disaster (including
for the purpose of seeking assistance with special needs and other
evacuation efforts) under this section by defining the types of as-
sistance available to affected States and the circumstances under
which such requests are likely to be approved.
ø42 U.S.C. 5192¿

SEC. 503. AMOUNT OF ASSISTANCE.

(a) FEDERAL SHARE.—The Federal share for assistance pro-
vided under this title shall be equal to not less than 75 percent of
the eligible costs.
(b) LIMIT ON AMOUNT OF ASSISTANCE.—
(1) IN GENERAL.—Except as provided in paragraph (2),
total assistance provided under this title for a single emer-
gency 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 re-
quired;
(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 para-
graph (1) is exceeded, the President shall report to the Con-
gress on the nature and extent of emergency assistance re-
quirements and shall propose additional legislation if nec-
essary.
ø42 U.S.C. 5193¿

TITLE VI—EMERGENCY PREPAREDNESS

SEC. 601. DECLARATION OF POLICY.
The purpose of this title is to provide a system of emergency
preparedness for the protection of life and property in the United
States from hazards and to vest responsibility for emergency pre-
paredness jointly in the Federal Government and the States and
their political subdivisions. The Congress recognizes that the orga-
nizational structure established jointly by the Federal Government
and the States and their political subdivisions for emergency pre-
paredness purposes can be effectively utilized to provide relief and
assistance to people in areas of the United States struck by a haz-
ard. The Federal Government shall provide necessary direction, co-
ordination, and guidance, and shall provide necessary assistance,
as authorized in this title so that a comprehensive emergency pre-
paredness system exists for all hazards.
ø42 U.S.C. 5195¿
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81 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 602

SEC. 602. DEFINITIONS.

(a) DEFINITIONS.—For purposes of this title 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 erup-
tion, landslide, mudslide, snowstorm, drought, fire, or other ca-
tastrophe 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 de-
signed or undertaken to prepare for or minimize the effects of
a hazard upon the civilian population, to deal with the imme-
diate emergency conditions which would be created by the haz-
ard, and to effectuate emergency repairs to, or the emergency
restoration of, vital utilities and facilities destroyed or dam-
aged by the hazard. Such term includes the following:
(A) Measures to be undertaken in preparation for an-
ticipated hazards (including the establishment of appro-
priate 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 shel-
ters, shelter areas, and control centers, and, when appro-
priate, the non-military evacuation of the civilian popu-
lation).
(B) Measures to be undertaken during a hazard (in-
cluding the enforcement of passive defense regulations pre-
scribed 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 (in-
cluding activities for fire fighting, rescue, emergency med-
ical, health and sanitation services, monitoring for specific
dangers of special weapons, unexploded bomb reconnais-
sance, essential debris clearance, emergency welfare meas-
ures, and immediately essential emergency repair or res-
toration of damaged vital facilities).
(4) ORGANIZATIONAL EQUIPMENT.—The term ‘‘organiza-
tional equipment’’ means equipment determined by the Admin-
istrator to be necessary to an emergency preparedness organi-
zation, 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 com-
bating local disasters, except when required in unusual quan-
tities dictated by the requirements of the emergency prepared-
ness plans.
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Sec. 603 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 82

(5) MATERIALS.—The term ‘‘materials’’ includes raw mate-

rials, 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 title, includes buildings, shelters, utilities, and
land.
(7) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator 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 9 the several States, the District
of Columbia, and territories and possessions of the United
States.
(10) STATE.—The term ‘‘State’’ includes interstate emer-
gency preparedness authorities established under section
611(h).
(b) CROSS REFERENCE.—The terms ‘‘national defense’’ and ‘‘de-
fense,’’ as used in the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.), includes 9 emergency preparedness activities
conducted pursuant to this title.
ø42 U.S.C. 5195a¿

SEC. 603. ADMINISTRATION OF TITLE.

This title shall be carried out by the Administrator of the Fed-
eral Emergency Management Agency.
ø42 U.S.C. 5195b¿

Subtitle A—Powers and Duties

SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.
(a) IN GENERAL.—In order to carry out the policy described in
section 601, the Administrator shall have the authorities provided
in this section.
(b) FEDERAL EMERGENCY RESPONSE PLANS AND PROGRAMS.—
The Administrator may prepare Federal response plans and pro-
grams 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 Administrator may request such reports on State plans
and operations for emergency preparedness as may be necessary to
keep the President, Congress, and the States advised of the status
of emergency preparedness in the United States.
(c) DELEGATION OF EMERGENCY PREPAREDNESS RESPONSIBIL-
ITIES.—With the approval of the President, the Administrator may
delegate to other departments and agencies of the Federal Govern-
ment appropriate emergency preparedness responsibilities and re-
view and coordinate the emergency preparedness activities of the
departments and agencies with each other and with the activities
of the States and neighboring countries.
9 The word ‘‘includes’’ in subsections (a)(9) and (b) probably should read ‘‘include’’.
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83 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 611

(d) COMMUNICATIONS AND WARNINGS.—The Administrator may

make appropriate provision for necessary emergency preparedness
communications and for dissemination of warnings to the civilian
population of a hazard.
(e) EMERGENCY PREPAREDNESS MEASURES.—The Administrator
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;
(3) developing equipment or facilities and effecting the
standardization thereof to meet emergency preparedness re-
quirements; and
(4) plans that take into account the needs of individuals
with pets and service animals prior to, during, and following
a major disaster or emergency.
(f) TRAINING PROGRAMS.—(1) The Administrator may—
(A) conduct or arrange, by contract or otherwise, for train-
ing programs for the instruction of emergency preparedness of-
ficials 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, United States Code, and the Standardized Govern-
ment Travel Regulations, and per diem allowances, in lieu of
subsistence for trainees in attendance or the furnishing of sub-
sistence and quarters for trainees and instructors on terms
prescribed by the Administrator; and
(C) provide instructors and training aids as necessary.
(2) The terms prescribed by the Administrator for the payment
of travel expenses and per diem allowances authorized by this sub-
section shall include a provision that such payment shall not ex-
ceed one-half of the total cost of such expenses.
(3) The Administrator 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 IN-
FORMATION.—The Administrator may publicly disseminate appro-
priate emergency preparedness information by all appropriate
means.
(h) EMERGENCY PREPAREDNESS COMPACTS.—(1) The Adminis-
trator shall establish a program supporting the development of
emergency preparedness compacts for acts of terrorism, disasters,
and emergencies throughout the Nation, by—
(A) identifying and cataloging existing emergency pre-
paredness compacts for acts of terrorism, disasters, and emer-
gencies at the State and local levels of government;
(B) disseminating to State and local governments examples
of best practices in the development of emergency prepared-
ness compacts and models of existing emergency preparedness
compacts, including agreements involving interstate jurisdic-
tions; and
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Sec. 611 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 84

(C) completing an inventory of Federal response capabili-

ties for acts of terrorism, disasters, and emergencies, making
such inventory available to appropriate Federal, State, and
local government officials, and ensuring that such inventory is
as current and accurate as practicable.
(2) The Administrator may—
(A) assist and encourage the States to negotiate and enter
into interstate emergency preparedness compacts;
(B) review the terms and conditions of such proposed com-
pacts in order to assist, to the extent feasible, in obtaining uni-
formity between such compacts and consistency with Federal
emergency response plans and programs;
(C) assist and coordinate the activities under such com-
pacts; 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.
(3) A copy of each interstate emergency preparedness compact
shall be transmitted promptly to the Senate and the House of Rep-
resentatives. The consent of Congress is deemed to be granted to
each such compact upon the expiration of the 60-day period begin-
ning on the date on which the compact is transmitted to Congress.
(4) Nothing in this subsection shall be construed as preventing
Congress from disapproving, or withdrawing at any time its con-
sent to, any interstate emergency preparedness compact.
(i) MATERIALS AND FACILITIES.—(1) The Administrator may
procure by condemnation or otherwise, construct, lease, transport,
store, maintain, renovate or distribute materials and facilities for
emergency preparedness, with the right to take immediate posses-
sion thereof.
(2) Facilities acquired by purchase, donation, or other means of
transfer may be occupied, used, and improved for the purposes of
this title before the approval of title by the Attorney General as re-
quired by section 355 of the Revised Statutes (40 U.S.C. 255).
(3) The Administrator may lease real property required for the
purpose of carrying out the provisions of this subsection, but shall
not acquire fee title to property unless specifically authorized by
law.
(4) The Administrator may procure and maintain under this
subsection radiological, chemical, bacteriological, and biological
agent monitoring and decontamination devices and distribute such
devices by loan or grant to the States for emergency preparedness
purposes, under such terms and conditions as the Administrator
shall prescribe.
(j) FINANCIAL CONTRIBUTIONS.—(1) The Administrator may
make financial contributions, on the basis of programs or projects
approved by the Administrator, to the States for emergency pre-
paredness purposes, including the procurement, construction, leas-
ing, or renovating of materials and facilities. Such contributions
shall be made on such terms or conditions as the Administrator
shall prescribe, including the method of purchase, the quantity,
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85 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 611

quality, or specifications of the materials or facilities, and such

other factors or care or treatment to assure the uniformity, avail-
ability, and good condition of such materials or facilities.
(2) The Administrator may make financial contributions,
on the basis of programs or projects approved by the Adminis-
trator, to the States and local authorities for animal emergency
preparedness purposes, including the procurement, construc-
tion, leasing, or renovating of emergency shelter facilities and
materials that will accommodate people with pets and service
animals.
(3) No contribution may be made under this subsection for the
procurement of land or for the purchase of personal equipment for
State or local emergency preparedness workers.
(4) The amounts authorized to be contributed by the Adminis-
trator to each State for organizational equipment shall be equally
matched by such State from any source it determines is consistent
with its laws.
(5) Financial contributions to the States for shelters and other
protective facilities shall be determined by taking the amount of
funds appropriated or available to the Administrator for such facili-
ties 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 Administrator) in each State, at the
time of the determination, bears to the total urban population of
the critical target areas of all of the States.
(6) The amounts authorized to be contributed by the Adminis-
trator to each State for such shelters and protective facilities shall
be equally matched by such State from any source it determines is
consistent with its laws and, if not matched within a reasonable
time, the Administrator may reallocate such amounts to other
States under the formula described in paragraph (4). 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.
(7) 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 Administrator. The Administrator shall
make no contribution toward the cost of any program or project for
the procurement, construction, or leasing of any facility which (A)
is intended for use, in whole or in part, for any purpose other than
emergency preparedness, and (B) is of such kind that upon comple-
tion it will, in the judgment of the Administrator, be capable of pro-
ducing sufficient revenue to provide reasonable assurance of the re-
tirement or repayment of such cost; except that (subject to the pre-
ceding provisions of this subsection) the Administrator may make
a contribution to any State toward that portion of the cost of the
construction, reconstruction, or enlargement of any facility which
the Administrator determines to be directly attributable to the in-
corporation in such facility of any feature of construction or design
not necessary for the principal intended purpose thereof but which
is, in the judgment of the Administrator necessary for the use of
such facility for emergency preparedness purposes.
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Sec. 612 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 86

(8) The Administrator shall submit to Congress a report, at

least annually, regarding all contributions made pursuant to this
subsection.
(9) All laborers and mechanics employed by contractors or sub-
contractors in the performance of construction work financed with
the assistance of any contribution of Federal funds made by the
Administrator under this subsection shall be paid wages at rates
not less than those prevailing on similar construction in the locality
as determined by the Secretary of Labor in accordance with the Act
of March 3, 1931 (commonly known as the Davis-Bacon Act (40
U.S.C. 276a–276a–5)), and every such employee shall receive com-
pensation 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 ex-
cess of eight hours in any workday or 40 hours in the workweek,
as the case may be. The Administrator 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 2 of the Act of June 13, 1934 (40 U.S.C. 276(c)).
(k) SALE OR DISPOSAL OF CERTAIN MATERIALS AND FACILI-
TIES.—The Administrator may arrange for the sale or disposal of
materials and facilities found by the Administrator to be unneces-
sary 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 dis-
position of such materials and facilities shall be deposited into the
Treasury as miscellaneous receipts.
ø42 U.S.C. 5196¿

SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING

COUNTRIES.
The Administrator shall give all practicable assistance to
States in arranging, through the Department of State, mutual
emergency preparedness aid between the States and neighboring
countries.
ø42 U.S.C. 5196a¿

SEC. 613. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE

EXPENSES.
(a) GENERAL AUTHORITY.—To further assist in carrying out the
purposes of this title, the Administrator may make financial con-
tributions to the States (including interstate emergency prepared-
ness authorities established pursuant to section 611(h)) for nec-
essary and essential State and local emergency preparedness per-
sonnel 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.
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87 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 613

(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 manda-
tory on them and be administered or supervised by a single
State agency;
(2) provide that the State shall share the financial assist-
ance 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 emer-
gency preparedness operational plans, including a catastrophic
incident annex, pursuant to standards approved by the Admin-
istrator;
(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 Administrator may require;
(6) make available to duly authorized representatives of
the Administrator and the Comptroller General, books, records,
and papers necessary to conduct audits for the purposes of this
section; and
(7) include a plan for providing information to the public
in a coordinated manner.
(c) CATASTROPHIC INCIDENT ANNEX.—
(1) CONSISTENCY.—A catastrophic incident annex sub-
mitted under subsection (b)(3) shall be—
(A) modeled after the catastrophic incident annex of
the National Response Plan; and
(B) consistent with the national preparedness goal es-
tablished under section 643 of the Post-Katrina Emergency
Management Reform Act of 2006, the National Incident
Management System, the National Response Plan, and
other related plans and strategies.
(2) CONSULTATION.—In developing a catastrophic incident
annex submitted under subsection (b)(3), a State shall consult
with and seek appropriate comments from local governments,
emergency response providers, locally governed multijuris-
dictional councils of government, and regional planning com-
missions.
(d) TERMS AND CONDITIONS.—The Administrator shall estab-
lish such other terms and conditions as the Administrator con-
siders necessary and proper to carry out this section.
(e) APPLICATION OF OTHER PROVISIONS.—In carrying out this
section, the provisions of section 10 611(h) and 621(h) shall apply.
(f) ALLOCATION OF FUNDS.—For each fiscal year concerned, the
Administrator shall allocate to each State, in accordance with regu-
lations and the total sum appropriated under this title, amounts to
be made available to the States for the purposes of this section.
Regulations governing allocations to the States under this sub-
section shall give due regard to (1) the criticality of the areas which
may be affected by hazards with respect to the development of the
10 So in law. The word ‘‘section’’ in subsection (e) probably should read ‘‘sections’’.
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Sec. 614 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 88

total emergency preparedness readiness of the United States, (2)

the relative state of development of emergency preparedness readi-
ness of the State, (3) population, and (4) such other factors as the
Administrator shall prescribe. The Administrator may reallocate
the excess of any allocation not used by a State in a plan submitted
under this section. Amounts paid to any State or political subdivi-
sion under this section shall be expended solely for the purposes
set forth in this section.
(g) STANDARDS FOR STATE AND LOCAL EMERGENCY PREPARED-
NESS OPERATIONAL PLANS.—In approving standards for State and
local emergency preparedness operational plans pursuant to sub-
section (b)(3), the Administrator shall ensure that such plans take
into account the needs of individuals with household pets and serv-
ice animals prior to, during, and following a major disaster or
emergency.
(h) SUBMISSION OF PLAN.—If a State fails to submit a plan for
approval as required by this section within 60 days after the Ad-
ministrator notifies the States of the allocations under this section,
the Administrator may reallocate such funds, or portions thereof,
among the other States in such amounts as, in the judgment of the
Administrator, will best assure the adequate development of the
emergency preparedness capability of the United States.
(h) 11 ANNUAL REPORTS.—The Administrator shall report annu-
ally to the Congress all contributions made pursuant to this sec-
tion.
ø42 U.S.C. 5196b¿

SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS

CENTERS.
(a) GRANTS.—The Administrator of the Federal Emergency
Management Agency may make grants to States and Indian tribal
governments under this title for equipping, upgrading, and con-
structing State, local, and Tribal emergency operations centers.
(b) FEDERAL SHARE.—Notwithstanding any other provision of
this title, the Federal share of the cost of an activity carried out
using amounts from grants made under this section shall not ex-
ceed 75 percent.
ø42 U.S.C. 5196c¿

SEC. 615. USE OF FUNDS TO PREPARE FOR AND RESPOND TO HAZ-

ARDS.
Funds made available to the States under this title may be
used by the States for the purposes of preparing for hazards and
providing emergency assistance in response to hazards. Regulations
prescribed to carry out this section shall authorize the use of emer-
gency preparedness personnel, materials, and facilities supported
in whole or in part through contributions under this title for emer-
gency preparedness activities and measures related to hazards.
ø42 U.S.C. 5196d¿

11 So in law. Two subsections (h) have been enacted.

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89 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 621

SEC. 616. DISASTER RELATED INFORMATION SERVICES.

(a) IN GENERAL.—Consistent with section 308(a), the Adminis-
trator of 12 Federal Emergency Management Agency shall—
(1) identify, in coordination with State and local govern-
ments, population groups with limited English proficiency and
take into account such groups in planning for an emergency or
major disaster;
(2) ensure that information made available to individuals
affected by a major disaster or emergency is made available in
formats that can be understood by—
(A) population groups identified under paragraph (1);
and
(B) individuals with disabilities or other special needs;
and
(3) develop and maintain an informational clearinghouse of
model language assistance programs and best practices for
State and local governments in providing services related to a
major disaster or emergency.
(b) GROUP SIZE.—For purposes of subsection (a), the Adminis-
trator of Federal Emergency Management Agency shall define the
size of a population group.
ø42 U.S.C. 5196f¿

Subtitle B—General Provisions

SEC. 621. ADMINISTRATIVE AUTHORITY.
(a) IN GENERAL.—For the purpose of carrying out the powers
and duties assigned to the Administrator under this title, the Ad-
ministrator may exercise the administrative authorities provided
under this section.
(b) ADVISORY PERSONNEL.—(1) The Administrator may employ
not more than 100 part-time or temporary advisory personnel (in-
cluding not to exceed 25 subjects of the United Kingdom or citizens
of Canada) as the Administrator considers to be necessary in car-
rying out the provisions of this title.
(2) Persons holding other offices or positions under the United
States for which they receive compensation, while serving as advi-
sory personnel, shall receive no additional compensation for such
service. Other part-time or temporary advisory personnel so em-
ployed may serve without compensation or may receive compensa-
tion at a rate not to exceed $180 for each day of service, plus au-
thorized subsistence and travel, as determined by the Adminis-
trator.
(c) SERVICES OF OTHER AGENCY PERSONNEL AND VOLUN-
TEERS.—The Administrator may—
(1) use the services of Federal agencies and, with the con-
sent of any State or local government, accept and use the serv-
ices of State and local agencies;
(2) establish and use such regional and other offices as
may be necessary; and
12 So in law. Probably should read ‘‘of the Federal’’.
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Sec. 622 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 90

(3) use such voluntary and uncompensated services by in-

dividuals or organizations as may from time to time be needed.
(d) GIFTS.—Notwithstanding any other provision of law, the
Administrator may accept gifts of supplies, equipment, and facili-
ties and may use or distribute such gifts for emergency prepared-
ness purposes in accordance with the provisions of this title.
(e) REIMBURSEMENT.—The Administrator 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 title to the extent funds are available.
(f) PRINTING.—The Administrator may purchase such printing,
binding, and blank-book work from public, commercial, or private
printing establishments or binderies as the Administrator considers
necessary upon orders placed by the Public Printer or upon waivers
issued in accordance with section 504 of title 44, United States
Code.
(g) RULES AND REGULATIONS.—The Administrator may pre-
scribe such rules and regulations as may be necessary and proper
to carry out any of the provisions of this title and perform any of
the powers and duties provided by this title. The Administrator
may perform any of the powers and duties provided by this title
through or with the aid of such officials of the Federal Emergency
Management Agency as the Administrator 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 Administrator finds that there
is a failure to expend funds in accordance with the regulations,
terms, and conditions established under this title for approved
emergency preparedness plans, programs, or projects, the Adminis-
trator may notify such State or person that further payments will
not be made to the State or person from appropriations under this
title (or from funds otherwise available for the purposes of this title
for any approved plan, program, or project with respect to which
there is such failure to comply) until the Administrator is satisfied
that there will no longer be any such failure.
(2) Until so satisfied, the Administrator 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 po-
litical 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 sub-
divisions.
ø42 U.S.C. 5197¿

SEC. 622. SECURITY REGULATIONS.

(a) ESTABLISHMENT.—The Administrator shall establish such
security requirements and safeguards, including restrictions with
respect to access to information and property as the Administrator
considers necessary.
(b) LIMITATIONS ON EMPLOYEE ACCESS TO INFORMATION.—No
employee of the Federal Emergency Management Agency shall be
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91 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 622

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 con-
tained 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 pur-
poses, or if any such information is so disclosed, until the Federal
Bureau of Investigation shall have conducted a full field investiga-
tion concerning such person and a report thereon shall have been
evaluated in writing by the Administrator.
(c) NATIONAL SECURITY POSITIONS.—No employee of the Fed-
eral Emergency Management Agency shall occupy any position de-
termined by the Administrator to be of critical importance from the
standpoint of national security until a full field investigation con-
cerning 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 Administrator of the Federal
Emergency Management Agency. In the event such full field inves-
tigation by the Director of the Office of Personnel Management de-
velops any data reflecting that such applicant for a position of crit-
ical importance is of questionable loyalty or reliability for security
purposes, or if the Administrator of the Federal Emergency Man-
agement Agency for any other reason considers it to be advisable,
such investigation shall be discontinued and a report thereon shall
be referred to the Administrator of the Federal Emergency Man-
agement Agency for evaluation in writing. Thereafter, the Adminis-
trator 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 lat-
ter investigation by such Bureau shall be furnished to the Adminis-
trator 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
title, except the subjects of the United Kingdom and citizens of
Canada specified in section 621(b), shall execute the loyalty oath or
appointment affidavits prescribed by the Director of the Office of
Personnel Management. Each person other than a Federal em-
ployee 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, lllll, 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 lllll (name of
emergency preparedness organization), I will not advocate nor
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Sec. 623 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 92

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 emer-
gency preparedness officer within such State designated by the di-
rector in writing, shall be qualified to administer any such oath
within such State under such regulations as the director shall pre-
scribe. Any person who shall be found guilty of having falsely taken
such oath shall be punished as provided in section 1621 of title 18,
United States Code.’’
ø42 U.S.C. 5197a¿

SEC. 623. USE OF EXISTING FACILITIES.

In performing duties under this title, the Administrator—
(1) shall cooperate with the various departments and agen-
cies of the Federal Government;
(2) shall use, to the maximum extent, the existing facilities
and resources of the Federal Government and, with their con-
sent, the facilities and resources of the States and political sub-
divisions thereof, and of other organizations and agencies; and
(3) shall refrain from engaging in any form of activity
which would duplicate or parallel activity of any other Federal
department or agency unless the Administrator, with the writ-
ten approval of the President, shall determine that such dupli-
cation is necessary to accomplish the purposes of this title.
ø42 U.S.C. 5197b¿

SEC. 624. ANNUAL REPORT TO CONGRESS.

The Administrator 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 title, accompanied by such recommenda-
tions as the Administrator considers appropriate.
ø42 U.S.C. 5197c¿

SEC. 625. APPLICABILITY OF TITLE.

The provisions of this title shall be applicable to the United
States, its States, Territories and possessions, and the District of
Columbia, and their political subdivisions.
ø42 U.S.C. 5197d¿

SEC. 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF

FUNDS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out the
provisions of this title.
(b) TRANSFER AUTHORITY.—Funds made available for the pur-
poses of this title may be allocated or transferred for any of the
purposes of this title, with the approval of the Director of the Office
of Management and Budget, to any agency or government corpora-
tion designated to assist in carrying out this title. Each such alloca-
tion or transfer shall be reported in full detail to the Congress
within 30 days after such allocation or transfer.
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93 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 629

ø42 U.S.C. 5197e¿

SEC. 627. RELATION TO ATOMIC ENERGY ACT OF 1954.

Nothing in this title shall be construed to alter or modify the
provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.).
ø42 U.S.C. 5197f¿

SEC. 628. FEDERAL BUREAU OF INVESTIGATION.

Nothing in this title shall be construed to authorize investiga-
tions of espionage, sabotage, or subversive acts by any persons
other than personnel of the Federal Bureau of Investigation.
ø42 U.S.C. 5197g¿

SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION

PROGRAM.
(a) IN GENERAL.—The Administrator shall establish a minority
emergency preparedness demonstration program to research and
promote the capacity of minority communities to provide data, in-
formation, and awareness education by providing grants to or exe-
cuting contracts or cooperative agreements with eligible nonprofit
organizations to establish and conduct such programs.
(b) ACTIVITIES SUPPORTED.—An eligible nonprofit organization
may use a grant, contract, or cooperative agreement awarded under
this section—
(1) to conduct research into the status of emergency pre-
paredness and disaster response awareness in African Amer-
ican and Hispanic households located in urban, suburban, and
rural communities, particularly in those States and regions
most impacted by natural and manmade disasters and emer-
gencies; and
(2) to develop and promote awareness of emergency pre-
paredness education programs within minority communities,
including development and preparation of culturally competent
educational and awareness materials that can be used to dis-
seminate information to minority organizations and institu-
tions.
(c) ELIGIBLE ORGANIZATIONS.—A nonprofit organization is eligi-
ble to be awarded a grant, contract, or cooperative agreement
under this section with respect to a program if the organization is
a nonprofit organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt
from tax under section 501(a) of such Code, whose primary mission
is to provide services to communities predominately populated by
minority citizens, and that can demonstrate a partnership with a
minority-owned business enterprise or minority business located in
a HUBZone (as defined in section 3(p) of the Small Business Act
(15 U.S.C. 632(p))) with respect to the program.
(d) USE OF FUNDS.—A recipient of a grant, contract, or cooper-
ative agreement awarded under this section may only use the pro-
ceeds of the grant, contract, or agreement to—
(1) acquire expert professional services necessary to con-
duct research in communities predominately populated by mi-
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Sec. 701 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 94

nority citizens, with a primary emphasis on African American

and Hispanic communities;
(2) develop and prepare informational materials to pro-
mote awareness among minority communities about emergency
preparedness and how to protect their households and commu-
nities in advance of disasters;
(3) establish consortia with minority national organiza-
tions, minority institutions of higher education, and faith-based
institutions to disseminate information about emergency pre-
paredness to minority communities; and
(4) implement a joint project with a minority serving insti-
tution, including a part B institution (as defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2))), an institution described in subparagraph (A), (B), or
(C) of section 326 13 of that Act (20 U.S.C. 1063b(e)(1)(A), (B),
or (C)), and a Hispanic-serving institution (as defined in sec-
tion 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))).
(e) APPLICATION AND REVIEW PROCEDURE.—To be eligible to re-
ceive a grant, contract, or cooperative agreement under this sec-
tion, an organization must submit an application to the Adminis-
trator at such time, in such manner, and accompanied by such in-
formation as the Administrator may reasonably require. The Ad-
ministrator shall establish a procedure by which to accept such ap-
plications.
(f) AUTHORIZATION OF APPROPRIATION.—There is authorized to
be appropriated to carry out this section $1,500,000 for fiscal year
2002 and such funds as may be necessary for fiscal years 2003
through 2007. Such sums shall remain available until expended.
ø42 U.S.C. 5197h¿

TITLE VII—MISCELLANEOUS
AUTHORITY TO PRESCRIBE RULES AND ACCEPT GIFTS

SEC. 701. (a)(1) The President may prescribe such rules and
regulations as may be necessary and proper to carry out any of the
provisions of this Act, and he may exercise any power or authority
conferred on him by any section of this Act either directly or
through such Federal agency or agencies as he may designate.
(2) DEADLINE FOR PAYMENT OF ASSISTANCE.—Rules and regula-
tions authorized by paragraph (1) shall provide that payment of
any assistance under this Act to a State shall be completed within
60 days after the date of approval of such assistance.
(b) In furtherance of the purposes of this Act, the President or
his delegate may accept and use bequests, gifts, or donations of
service, money, or property, real, personal, or mixed, tangible, or
intangible. All sums received under this subsection shall be depos-
ited in a separate fund on the books of the Treasury and shall be
available for expenditure upon the certification of the President or
his delegate. At the request of the President or his delegate, the
Secretary of the Treasury may invest and reinvest excess monies
in the fund. Such investments shall be in public debt securities
with maturities suitable for the needs of the fund and shall bear
13 So in law. Should read ‘‘section 326(e)(1)’’.
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95 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 705

interest at rates determined by the Secretary of the Treasury, tak-

ing into consideration current market yields on outstanding mar-
ketable obligations of the United States of comparable maturities.
The interest on such investments shall be credited to, and form a
part of, the fund.
ø42 U.S.C. 5201¿
SEC. 702. øAmended various other Acts¿.
REPEAL OF EXISTING LAW

SEC. 703. The Disaster Relief Act of 1970, as amended (84

Stat. 1744), is hereby repealed, except sections 231, 233, 234, 235,
236, 237, 301, 302, 303, and 304. Notwithstanding such repeal the
provisions of the Disaster Relief Act of 1970 shall continue in effect
with respect to any major disaster declared prior to the enactment
of this Act.
PRIOR ALLOCATION OF FUNDS

SEC. 704. Funds heretofore appropriated and available under

Public Laws 91–606, as amended, and 92–385 shall continue to be
available for the purpose of providing assistance under those Acts
as well as for the purposes of this Act.
SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.
(a) STATUTE OF LIMITATIONS.—
(1) IN GENERAL.—Notwithstanding section 3716(e) of title
31, United States Code, and except as provided in paragraph
(2), no administrative action to recover any payment made to
a State or local government for disaster or emergency assist-
ance under this Act shall be initiated in any forum after the
date that is 3 years after the date of transmission of the final
expenditure report for project completion as certified by the
grantee.
(2) FRAUD EXCEPTION.—The limitation under paragraph (1)
shall apply unless there is evidence of civil or criminal fraud.
(b) REBUTTAL OF PRESUMPTION OF RECORD MAINTENANCE.—
(1) IN GENERAL.—In any dispute arising under this section
after the date that is 3 years after the date of transmission of
the final expenditure report for project completion as certified
by the grantee, there shall be a presumption that accounting
records were maintained that adequately identify the source
and application of funds provided for financially assisted activi-
ties.
(2) AFFIRMATIVE EVIDENCE.—The presumption described in
paragraph (1) may be rebutted only on production of affirma-
tive evidence that the State or local government did not main-
tain documentation described in that paragraph.
(3) INABILITY TO PRODUCE DOCUMENTATION.—The inability
of the Federal, State, or local government to produce source
documentation supporting expenditure reports later than 3
years after the date of transmission of the final expenditure re-
port for project completion as certified by the grantee shall not
constitute evidence to rebut the presumption described in para-
graph (1).
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Sec. 706 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... 96

(4) RIGHT OF ACCESS.—The period during which the Fed-

eral, State, or local government has the right to access source
documentation shall not be limited to the required 3-year re-
tention period referred to in paragraph (3), but shall last as
long as the records are maintained.
(c) BINDING NATURE OF GRANT REQUIREMENTS.—A State or
local government shall not be liable for reimbursement or any other
penalty for any payment made under this Act if—
(1) the payment was authorized by an approved agreement
specifying the costs;
(2) the costs were reasonable; and
(3) the purpose of the grant was accomplished.
(d) FACILITATING CLOSEOUT.—
(1) INCENTIVES.—The Administrator of the Federal Emer-
gency Management Agency may develop incentives and pen-
alties that encourage State, local, or Indian tribal governments
to close out expenditures and activities on a timely basis re-
lated to disaster or emergency assistance.
(2) AGENCY REQUIREMENTS.—The Federal Emergency Man-
agement Agency shall, consistent with applicable regulations
and required procedures, meet its responsibilities to improve
closeout practices and reduce the time to close disaster pro-
gram awards.
ø42 U.S.C. 5205¿

SEC. 706. FIREARMS POLICIES.

(a) PROHIBITION ON CONFISCATION OF FIREARMS.—No officer or
employee of the United States (including any member of the uni-
formed services), or person operating pursuant to or under color of
Federal law, or receiving Federal funds, or under control of any
Federal official, or providing services to such an officer, employee,
or other person, while acting in support of relief from a major dis-
aster or emergency, may—
(1) temporarily or permanently seize, or authorize seizure
of, any firearm the possession of which is not prohibited under
Federal, State, or local law, other than for forfeiture in compli-
ance with Federal law or as evidence in a criminal investiga-
tion;
(2) require registration of any firearm for which registra-
tion is not required by Federal, State, or local law;
(3) prohibit possession of any firearm, or promulgate any
rule, regulation, or order prohibiting possession of any firearm,
in any place or by any person where such possession is not oth-
erwise prohibited by Federal, State, or local law; or
(4) prohibit the carrying of firearms by any person other-
wise authorized to carry firearms under Federal, State, or local
law, solely because such person is operating under the direc-
tion, control, or supervision of a Federal agency in support of
relief from the major disaster or emergency.
(b) LIMITATION.—Nothing in this section shall be construed to
prohibit any person in subsection (a) from requiring the temporary
surrender of a firearm as a condition for entry into any mode of
transportation used for rescue or evacuation during a major dis-
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97 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY... Sec. 706

aster or emergency, provided that such temporarily surrendered

firearm is returned at the completion of such rescue or evacuation.
(c) PRIVATE RIGHTS OF ACTION.—
(1) IN GENERAL.—Any individual aggrieved by a violation
of this section may seek relief in an action at law, suit in eq-
uity, or other proper proceeding for redress against any person
who subjects such individual, or causes such individual to be
subjected, to the deprivation of any of the rights, privileges, or
immunities secured by this section.
(2) REMEDIES.—In addition to any existing remedy in law
or equity, under any law, an individual aggrieved by the sei-
zure or confiscation of a firearm in violation of this section may
bring an action for return of such firearm in the United States
district court in the district in which that individual resides or
in which such firearm may be found.
(3) ATTORNEY FEES.—In any action or proceeding to en-
force this section, the court shall award the prevailing party,
other than the United States, a reasonable attorney’s fee as
part of the costs.
ø42 U.S.C. 5207¿

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