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pdfThe Stafford Act
Robert T. Stafford
Disaster Relief and Emergency
Assistance Act, as Amended
April 2013
Robert T. Stafford Disaster Relief and Emergency Assistance Act,
Public Law 93-288, as amended, 42 U.S.C. 5121 et seq.
Located in United States Code,Title 42.The Public Health and Welfare, Chapter 68. Disaster Relief
Title I – Findings, Declarations and Definitions
Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121).....................1
Sec. 102. Definitions (42 U.S.C. 5122)*..................................................................1
Sec. 103. References (42 U.S.C. 5123)*..................................................................3
Title II – Disaster Preparedness and Mitigation Assistance
Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131)........4
Sec. 202. Disaster Warnings (42 U.S.C. 5132)........................................................5
Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133).......................................5
Sec. 204. Interagency Task Force (42 U.S.C. 5134).............................................. 10
Title III – Major Disaster and Emergency Assistance Administration
Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141)........................ 11
Sec. 302. Coordinating Officers (42 U.S.C. 5143)................................................ 11
Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144).................. 12
Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147).......................... 12
Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148).......................... 13
Sec. 306. Performance of Services (42 U.S.C. 5149)............................................. 13
Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150)............................ 13
Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151).................. 14
Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152).......... 15
Sec. 310. Priority to Certain Applications for Public Facility and
Public Housing Assistance (42 U.S.C. 5153)......................................... 15
Sec. 311. Insurance (42 U.S.C. 5154)................................................................... 16
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Prohibited Flood Disaster Assistance (42 U.S.C. 5154a)........................ 16
Sec. 312. Duplication of Benefits (42 U.S.C. 5155).............................................. 18
Sec. 313. Standards and Reviews (42 U.S.C. 5156).............................................. 19
Sec. 314. Penalties (42 U.S.C. 5157).................................................................... 19
Sec. 315. Availability of Materials (42 U.S.C. 5158)............................................. 19
Sec. 316. Protection of Environment (42 U.S.C. 5159)........................................ 20
Sec. 317. Recovery of Assistance (42 U.S.C. 5160)............................................... 20
Sec. 318. Audits and Investigations (42 U.S.C. 5161)........................................... 20
Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162).................................. 20
Sec. 320. Limitation on Use of Sliding Scales (42 U.S.C. 5163)........................... 21
Sec. 321. Rules and Regulations (42 U.S.C. 5164)............................................... 21
Sec. 322. Mitigation Planning (42 U.S.C. 5165)................................................... 21
Sec. 323
Sec. 324.
Sec. 325.
Sec. 326.
Minimum Standards for Public and
Private Structures (42 U.S.C. 5165a)..................................................... 22
Management Costs (42 U.S.C. 5165b).................................................. 23
Public Notice, Comment, and
Consultation Requirements (42 U.S.C. 5165c)...................................... 23
Designation of Small State and Rural Advocate (42 U.S.C. 5165d)........ 24
Title IV – Major Disaster Assistance Programs
Sec. 401. Procedure for Declaration (42 U.S.C. 5170)*........................................ 25
Sec. 402. General Federal Assistance (42 U.S.C. 5170a)....................................... 26
Sec. 403. Essential Assistance (42 U.S.C. 5170b)*................................................ 27
Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)*.................................................. 29
Sec. 405. Federal Facilities (42 U.S.C. 5171)........................................................ 32
Sec. 406. Repair, Restoration, and Replacement
of Damaged Facilities (42 U.S.C. 5172)................................................ 32
Sec. 407. Debris Removal (42 U.S.C. 5173)......................................................... 38
Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174)*... 39
Sec. 410. Unemployment Assistance (42 U.S.C. 5177)........................................ 44
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Emergency Grants to Assist Low-Income Migrant
and Seasonal Farmworkers (42 U.S.C. 5177a)....................................... 45
Sec. 412. Benefits and Distribution (42 U.S.C. 5179)........................................... 46
Sec. 413. Food Commodities (42 U.S.C. 5180).................................................... 46
Sec. 414. Relocation Assistance (42 U.S.C. 5181)................................................. 46
Sec. 415. Legal Services (42 U.S.C. 5182)............................................................. 47
Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183)................. 47
Sec. 417. Community Disaster Loans (42 U.S.C. 5184)........................................ 47
Sec. 418. Emergency Communications (42 U.S.C. 5185)..................................... 48
Sec. 419. Emergency Public Transportation (42 U.S.C. 5186).............................. 48
Sec. 420. Fire Management Assistance (42 U.S.C. 5187)...................................... 48
Sec. 421. Timber Sale Contracts (42 U.S.C. 5188)................................................ 48
Sec. 422. Simplified Procedure (42 U.S.C. 5189)*............................................... 49
Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a)*............................. 50
Sec. 424. Date of Eligibility; Expenses Incurred Before
Date of Disaster (42 U.S.C. 5189b)....................................................... 50
Sec. 425. Transportation Assistance to Individuals
and Households (42 U.S.C. 5189c)....................................................... 50
Sec. 426. Case Management Services (42 U.S.C. 5189d)...................................... 51
Sec. 427. Essential Service Providers (42 U.S.C. 5189e)*...................................... 51
Sec. 428. Public Assistance Program Alternative Procedures (42 U.S.C. 5189f)*.. 52
Sec. 429. Unified Federal Review (42 U.S.C. 5189g)*......................................... 55
Title V – Emergency Assistance Programs
Sec. 501. Procedure for Declaration (42 U.S.C. 5191)*........................................ 56
Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192).................................... 57
ii
Sec. 503.
Amount of Assistance (42 U.S.C. 5193)................................................ 58
Title VI – Emergency Preparedness
Sec. 601. Declaration of Policy (42 U.S.C. 5195)................................................. 59
Sec. 602. Definitions (42 U.S.C. 5195a)............................................................... 59
Sec. 603. Administration of Title (42 U.S.C. 5195b)............................................ 60
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Critical Infrastructures Protection (42 U.S.C. 5195c)............................ 61
Subtitle A—Powers and Duties
Sec. 611. Detailed Functions or Administration (42 U.S.C. 5196)........................ 63
Sec. 612. Mutual Aid Pacts Between States
and Neighboring Counties (42 U.S.C. 5196a)....................................... 67
Sec. 613. Contributions for Personnel and
Administrative Expenses (42 U.S.C. 5196b).......................................... 67
Sec. 614. Grants for Construction of Emergency Operations Centers
(42 U.S.C. 5196c)................................................................................. 69
Sec. 615. Use of Funds to Prepare for and Respond to Hazards
(42 U.S.C. 5196d)................................................................................. 69
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Radiological Emergency Preparedness Fund (42 U.S.C. 5196e)............ 70
Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f)....................... 70
Subtitle B—General Provisions
Sec. 621. Administrative Authority (42 U.S.C. 5197)........................................... 71
Sec. 622. Security Regulations (42 U.S.C. 5197a)................................................. 72
Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b).......................................... 73
Sec. 624. Annual Report to Congress (42 U.S.C. 5197c)...................................... 74
Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d)..................................... 74
Sec. 626. Authorization of Appropriations and Transfers of Funds
(42 U.S.C. 5197e)................................................................................. 74
Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f).................... 74
Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)............................... 74
Title VII –
Sec. 701.
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Sec. 705.
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Sec. 706
Miscellaneous
Rules and Regulations (42 U.S.C. 5201)............................................... 75
Insular Areas Disaster Survival and Recovery;
Definitions (42 U.S.C. 5204)................................................................. 75
Technical Assistance for Insular Areas (42 U.S.C. 5204b)..................... 76
Disaster Grant Closeout Procedures (42 U.S.C. 5205)........................... 76
Buy American (42 U.S.C. 5206)............................................................ 77
Firearms Policies (42 U.S.C. 5207)....................................................... 77
Statutory Note: Dispute Resolution Pilot Program (note to 42 U.S.C. 5189a)............... 79
*This section of the Stafford Act has been amended by the Sandy Recovery Improvement Act of 2013,
Pub. L. 113-2, 127 Stat. 4 (2013), signed on January 29, 2013.
iii
STAFFORD ACT > TITLE I > §§ 101-102
Title I – Findings, Declarations and Definitions
Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121)
(a) The Congress hereby finds and declares that
(1) because disasters often cause loss of life, human suffering, loss of income,
and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments
and communities, and adversely affect individuals and families with great
severity; special measures, designed to assist the efforts of the affected States
in expediting the rendering of aid, assistance, and emergency services, and
the reconstruction and rehabilitation of devastated areas, are necessary.
(b) It is the intent of the Congress, by this Act, to provide an orderly and continuing
means of assistance by the Federal Government to State and local governments
in carrying out their responsibilities to alleviate the suffering and damage which
result from such disasters by
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and
assistance plans, programs, capabilities, and organizations by the States and
by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness
and relief programs;
(4) encouraging individuals, States, and local governments to protect themselves
by obtaining insurance coverage to supplement or replace governmental
assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters,
including development of land use and construction regulations; and
(6) providing Federal assistance programs for both public and private losses
sustained in disasters1
Sec. 102. Definitions (42 U.S.C. 5122)*2
As used in this Act
(1) Emergency - “Emergency” means any occasion or instance for which, in the
determination of the President, Federal assistance is needed to supplement
1. Typographical error in original; period should follow “disasters”.
2. Pub. L. 113-2, div. B, § 1110(e), Jan. 29, 2013, 127 Stat. 49, provides that: “(1) Issuance.—The
President shall issue regulations to carry out the amendments made by this section [enacting
section 5123 of this title and amending this section and sections 5170 and 5191 of this title]. (2)
Factors.—In issuing the regulations, the President shall consider the unique conditions that affect
the general welfare of Indian tribal governments.”
STAFFORD ACT > TITLE I > § 102
State and local efforts and capabilities to save lives and to protect property
and public health and safety, or to lessen or avert the threat of a catastrophe
in any part of the United States.
(2) Major Disaster - “Major disaster” means any natural catastrophe (including
any hurricane, tornado, storm, high water, winddriven water, tidal wave,
tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm,
or drought), or, regardless of cause, any fire, flood, or explosion, in any
part of the United States, which in the determination of the President causes
damage of sufficient severity and magnitude to warrant major disaster
assistance under this Act to supplement the efforts and available resources of
States, local governments, and disaster relief organizations in alleviating the
damage, loss, hardship, or suffering caused thereby.
(3) “United States” means the fifty States, the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(4) “State” means any State of the United States, the District of Columbia, Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(5) “Governor” means the chief executive of any State.
(6) Indian Tribal Government - The term “Indian tribal government” means the
governing body of any Indian or Alaska Native tribe, band, nation, pueblo,
village, or community that the Secretary of the Interior acknowledges to exist
as an Indian tribe under the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a et seq.).
(7) Individual with a Disability - The term “individual with a disability” means an
individual with a disability as defined in section 12102(2) of this title.3
(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 corporation under State law), regional or interstate government
entity, or agency or instrumentality of a local government;
(B) an Indian tribe or authorized tribal organization, or Alaska Native village
or organization, that is not an Indian tribal government as defined in
paragraph (6); and
(C) a rural community, unincorporated town or village, or other public
entity, for which an application for assistance is made by a State or
political subdivision of a State.
3. Section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)).
STAFFORD ACT > TITLE I > §§ 102-103
(9) “Federal agency” means any department, independent establishment,
Government corporation, or other agency of the executive branch of the
Federal Government, including the United States Postal Service, but shall not
include the American National Red Cross.
(10) Public Facility - “Public facility” means the following facilities owned by a
State or local government:
(A) Any flood control, navigation, irrigation, reclamation, public power,
sewage treatment and collection, water supply and distribution,
watershed development, or airport facility.
(B) Any non-Federal-aid street, road, or highway.
(C) Any other public building, structure, or system, including those used
for educational, recreational, or cultural purposes.
(D) Any park.
(11) Private Nonprofit Facility -
(A) In General - The term “private nonprofit facility” means private nonprofit
educational, utility, irrigation, emergency, medical, rehabilitational, and
temporary or permanent custodial care facilities (including those for the
aged and disabled) and facilities on Indian reservations, as defined by
the President.
(B) Additional Facilities – In addition to the facilities described in
subparagraph (A), the term “private nonprofit facility” includes any
private nonprofit facility that provides essential services of a governmental
nature to the general public (including museums, zoos, performing arts
facilities, community arts centers, libraries, homeless shelters, senior
citizen centers, rehabilitation facilities, shelter workshops, and facilities
that provide health and safety services of a governmental nature), as
defined by the President.
(12) C
hief Executive - The term “Chief Executive” means the person who is the
Chief, Chairman, Governor, President, or similar executive official of an
Indian tribal government.
Sec. 103. References (42 U.S.C. 5123)*
Except as otherwise specifically provided, any reference in this chapter to “State
and local”, “State or local”, “State, and local”, “State, or local”, or “State, local”
(including plurals) with respect to governments or officials and any reference to a
“local government” in sections 5172(d)(3) and 5184 of this title [Section 406(d)(3)
and Section 417] is deemed to refer also to Indian tribal governments and officials, as
appropriate.
STAFFORD ACT > TITLE II > § 201
Title II -- Disaster Preparedness and Mitigation Assistance
Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131)
(a) Utilization of Services of Other Agencies - The President is authorized to establish a
program of disaster preparedness that utilizes services of all appropriate agencies
and includes
(1) preparation of disaster preparedness plans for mitigation, warning, emergency
operations, rehabilitation, and recovery;
(2) training and exercises;
(3) postdisaster critiques and evaluations;
(4) annual review of programs;
(5) coordination of Federal, State, and local preparedness programs;
(6) application of science and technology;
(7) research.
(b) Technical Assistance for the Development of Plans and Programs - The President shall
provide technical assistance to the States in developing comprehensive plans and
practicable programs for preparation against disasters, including hazard reduction,
avoidance, and mitigation; for assistance to individuals, businesses, and State
and local governments following such disasters; and for recovery of damages or
destroyed public and private facilities.
(c) Grants to States for Development of Plans and Programs - Upon application by a
State, the President is authorized to make grants, not to exceed in the aggregate
to such State $250,000, for the development of plans, programs, and capabilities
for disaster preparedness and prevention. Such grants shall be applied for within
one year from May 22, 1974. Any State desiring financial assistance under this
section shall designate or create an agency to plan and administer such a disaster
preparedness program, and shall, through such agency, submit a State plan to the
President, which shall—
(1) set forth a comprehensive and detailed State program for preparation
against and assistance following, emergencies and major disasters, including
provisions for assistance to individuals, businesses, and local governments;
and
(2) include provisions for appointment and training of appropriate staffs,
formulation of necessary regulations and procedures and conduct of required
exercises.
(d) Grants for Improvement, Maintenance, and Updating of State Plans - The President is
authorized to make grants not to exceed 50 per centum of the cost of improving,
maintaining and updating State disaster assistance plans, including evaluations of
natural hazards and development of the programs and actions required to mitigate
STAFFORD ACT > TITLE II > §§ 202-203
such hazards; except that no such grant shall exceed $50,000 per annum to
any State.
Sec. 202. Disaster Warnings (42 U.S.C. 5132)
(a) Readiness of Federal Agencies to Issue Warnings to State and Local Officials - The
President shall insure that all appropriate Federal agencies are prepared to issue
warnings of disasters to State and local officials.
(b) Technical Assistance to State and Local Governments for Effective Warnings - The
President shall direct appropriate Federal agencies to provide technical assistance
to State and local governments to insure that timely and effective disaster warning
is provided.
(c) Warnings to Governmental Authorities and Public Endangered by Disaster - The
President is authorized to utilize or to make available to Federal, State, and local
agencies the facilities of the civil defense communications system established
and maintained pursuant to section 5196(c) of this title [Section 611(c)] or any
other Federal communications system for the purpose of providing warning to
governmental authorities and the civilian population in areas endangered by
disasters.
(d) Agreements with Commercial Communications Systems for Use of Facilities - 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.
Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133)
(a) Definition of Small Impoverished Community - In this section, the term “small
impoverished community” means a community of 3,000 or fewer individuals
that is economically disadvantaged, as determined by the State in which the
community is located and based on criteria established by the President.
(b) Establishment of Program - The President may establish 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 destruction of
property, including damage to critical services and facilities 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 Predisaster
Mitigation Fund established under subsection (i) of this section (referred to in this
section as the “Fund”), may provide technical and financial assistance to the State
or local government to be used in accordance with subsection (e) of this section.
STAFFORD ACT > TITLE II > § 203
(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 President 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) of
this section.
(2) Use -
(A) In General - Except as provided in subparagraph (B), in providing
assistance to local governments under this section, the President shall
select from local governments recommended by the Governors under
this subsection.
(B) Extraordinary Circumstances - In providing assistance to local governments
under this section, the President may select a local government that
has not been recommended by a Governor under this subsection if
the President determines that extraordinary circumstances justify the
selection and that making the selection will further the purpose of this
section.
(3) Effect of Failure to Nominate - If a Governor of a State fails to submit
recommendations under this subsection in a timely manner, the President
may select, subject to the criteria specified in subsection (g) of this section,
any local governments of the State to receive assistance under this section.
(e) Uses of Technical and Financial Assistance
(1) In General - Technical and financial assistance provided 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 proposals approved by the President under this section;
and
(B) may be used -
(i) to support effective public-private natural disaster hazard mitigation
partnerships;
(ii) to improve the assessment of a community’s vulnerability to
natural hazards; or
(iii) to establish hazard mitigation priorities, and an appropriate hazard
mitigation plan, for a community.
STAFFORD ACT > TITLE II > § 203
(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 assistance under this section
on a competitive basis and in accordance with the criteria in subsection (g).
(2) Minimum and Maximum Amounts - In providing financial 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 or -
(i) $575,000; or
(ii) the amount that is equal to 1 percent of the total funds appropriated
to carry out this section for the fiscal year; and
(B) does not exceed the amount that is equal to 15 percent of the total funds
appropriated to carry out this section for the fiscal year.
(g) Criteria for Assistance Awards - In determining whether to provide technical and
financial assistance to a State or local government under this section, the President
shall take into account
(1) the extent and nature of the hazards to be mitigated;
(2) the degree of commitment by the State or local government to reduce
damages from future natural disasters;
(3) the degree of commitment by the State or local government to support
ongoing non-Federal support for the hazard mitigation measures to be
carried out using the technical and financial assistance;
(4) the extent to which the hazard mitigation measures to be carried out using
the technical and financial assistance contribute to the mitigation goals and
priorities established by the State;
(5) the extent to which the technical and financial assistance 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 mitigation plan under section
5165 of this title [Section 322], the extent to which the activities 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 activities in small
impoverished communities; and
STAFFORD ACT > TITLE II > § 203
(10) such other criteria as the President establishes in consultation with State and
local governments.
(h) Federal Share
(1) In General - Financial assistance provided under this section may contribute
up to 75 percent of the total cost of mitigation activities approved by the
President.
(2) Small Impoverished Communities - Notwithstanding paragraph (1), the President
may contribute up to 90 percent of the total cost of a mitigation activity
carried out in a small impoverished community.
(i) National Predisaster Mitigation Fund
(1) Establishment - The President may establish in the Treasury of the United
States a fund to be known as the “National Predisaster Mitigation Fund”, to
be used in carrying out this section.
(2) Transfers to Fund - There shall be deposited in the Fund -
(A) amounts appropriated to carry out this section, which shall remain
available until expended; and
(B) sums available from gifts, bequests, or donations of services or
property received by the President for the purpose of predisaster hazard
mitigation.
(3) E xpenditures from Fund - Upon request by the President, the Secretary of
the Treasury shall transfer from the Fund to the President such amounts as
the President determines are necessary to provide technical and financial
assistance under this section.
(4) Investment of Amounts -
(A) In General - The Secretary of the Treasury shall invest such portion of
the Fund as is not, in the judgment of the Secretary of the Treasury,
required to meet current withdrawals. Investments may be made only
in interest-bearing obligations of the United States.
(B) Acquisition of Obligations - For the purpose of investments under
subparagraph (A), obligations may be acquired -
(i) on original issue at the issue price; or
(ii) by purchase of outstanding obligations at the market price.
(C) Sale of Obligations - Any obligation acquired by the Fund may be sold
by the Secretary of the Treasury at the market price.
(D) Credits to Fund - The interest on, and the proceeds from the sale or
redemption of, any obligations held in the Fund shall be credited to and
form a part of the Fund.
STAFFORD ACT > TITLE II > § 203
(E) Transfers of Amounts -
(i) In General - The amounts required to be transferred to the Fund
under this subsection shall be transferred at least monthly from the
general fund of the Treasury to the Fund on the basis of estimates
made by the Secretary of the Treasury.
(ii) Adjustments - Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(j) Limitation on Total Amount of Financial Assistance - The President shall not provide
financial assistance under this section in an amount greater than the amount
available in the Fund.
(k) 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
recurring natural hazards (including flooding, hurricanes and severe winds,
and seismic events).
(3) Use of Technology - In developing multihazard advisory maps under this
subsection, the President shall use, to the maximum extent practicable, the
most cost-effective and efficient technology available.
(4) Use of Maps -
(A) Advisory Nature - The multihazard advisory maps shall be considered to
be advisory and shall not require the development of any new policy
by, or impose any new policy on, any government or private entity.
(B) Availability of Maps - 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 subsection (e) of this section;
and
(iii) other public uses.
(l) Report on Federal and State Administration - Not later than 18 months after Oct.
30, 2000, the President, in consultation with State and local governments, shall
submit to Congress a report evaluating efforts to implement this section and
recommending a process for transferring greater authority and responsibility for
STAFFORD ACT > TITLE II > §§ 203-204
administering the assistance program established under this section to capable
States.
(m) Authorization of Appropriations - There are authorized to be appropriated to carry
out this section
(1) $180,000,000 for fiscal year 2011;
(2) $200,000,000 for fiscal year 2012;
(3) $200,000,000 for fiscal year 2013.
(n) Prohibition on Earmarks
(1) Definition - In this subsection, the term “congressionally directed spending”
means a statutory provision or report language included primarily at the
request of a Senator or a Member, Delegate or Resident Commissioner of
the House of Representatives providing, authorizing, or recommending
a specific amount of discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan guarantee, grant, loan
authority, or other expenditure with or to an entity, or targeted to a specific
State, locality, or Congressional district, other than through a statutory or
administrative formula-driven or competitive award process.
(2) Prohibition - None of the funds appropriated or otherwise made available to
carry out this section may be used for congressionally directed spending.
(3) Certification to Congress - The Administrator of the Federal Emergency
Management Agency shall submit to Congress a certification regarding
whether all financial assistance under this section was awarded in accordance
with this section.
Sec. 204. Interagency Task Force (42 U.S.C. 5134)
(a) In General - The President shall establish a Federal interagency task force for the
purpose of coordinating the implementation of predisaster hazard mitigation
programs administered by the Federal Government.
(b) Chairperson - The Administrator of the Federal Emergency Management Agency
shall serve as the chairperson of the task force.
(c) Membership - The membership of the task force shall include representatives of
(1) relevant Federal agencies;
(2) State and local government organizations (including Indian tribes); and
(3) the American Red Cross.
10
STAFFORD ACT > TITLE III > §§ 301-302
Title III -- Major Disaster and Emergency
Assistance Administration
Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141)
Any Federal agency charged with the administration of a Federal assistance program
may, if so requested by the applicant State or local authorities, modify or waive, for a
major disaster, such administrative conditions for assistance as would otherwise prevent
the giving of assistance under such programs if the inability to meet such conditions is
a result of the major disaster.
Sec. 302. Coordinating Officers (42 U.S.C. 5143)
(a) Appointment of Federal Coordinating Officer - Immediately upon his declaration of
a major disaster or emergency, the President shall appoint a Federal coordinating
officer to operate in the affected area.
(b) Functions of Federal Coordinating Officer - 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 urgently needed;
(2) establish such field offices as he deems necessary and as are authorized by the
President;
(3) coordinate the administration of relief, including activities of the State and
local governments, the American National Red Cross, the Salvation Army,
the Mennonite Disaster Service, and other relief or disaster assistance
organizations, which agree to operate under his advice or direction, except
that nothing contained in this Act shall limit or in any way affect the
responsibilities of the American National Red Cross under chapter 3001 of
title 36;4 and
(4) take such other action, consistent with authority delegated to him by the
President, and consistent with the provisions of this Act, as he may deem
necessary to assist local citizens and public officials in promptly obtaining
assistance to which they are entitled.
(c) State Coordinating Officer - 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 coordinating State and local disaster
assistance efforts with those of the Federal Government.
(d) Single Federal Coordinating Officer for Multi-state Area - 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.
4. The Act of January 5, 1905, as amended (33 Stat. 599).
11
STAFFORD ACT > TITLE III > §§ 303-304
Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144)
(a) E mergency Support Teams – The President shall form emergency support teams
of Federal personnel to be deployed in an area affected by a major disaster or
emergency. Such emergency support teams shall assist the Federal coordinating
officer in carrying out his responsibilities pursuant to this Act. Upon request of the
President, the head of any Federal agency is directed to detail to temporary duty
with the emergency support teams on either a reimbursable or nonreimbursable
basis, as is determined necessary by the President, such personnel within the
administrative jurisdiction of the head of the Federal agency as the President
may need or believe to be useful for carrying out the functions of the emergency
support teams, each such detail to be without loss of seniority, pay, or other
employee status.
(b) Emergency Response Teams
(1) Establishment - In carrying out subsection (a), the President, acting through
the Administrator of the Federal Emergency Management Agency, shall
establish-
(A) at a minimum 3 national response teams; and
(B) sufficient regional response teams, including Regional Office strike
teams under section 317 of title 6;5 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 pursuant to the guidelines established under
section 746(a) of title 6,6 are established for Federal emergency response
teams.
(3) P ersonnel - The President, acting through the Administrator, shall ensure
that the Federal emergency response teams consist of adequate numbers of
properly planned, organized, equipped, trained, and exercised personnel to
achieve the established target capability levels. Each emergency response team
shall work in coordination with State and local officials and onsite personnel
associated with a particular incident.
(4) Readiness Reporting - The Administrator shall evaluate team readiness on a
regular basis and report team readiness levels in the report required under
section 752(a) of title 6.7
Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147)
Federal agencies may be reimbursed for expenditures under this Act from funds
appropriated for the purposes of this Act. Any funds received by Federal agencies as
5. Section 507 of the Homeland Security Act of 2002.
6. Section 646(a) of the Post-Katrina Emergency Management Reform Act of 2006.
7. Section 652(a) of the Post-Katrina Emergency Management Reform Act of 2006.
12
STAFFORD ACT > TITLE III > §§ 305-307
reimbursement for services or supplies furnished under the authority of this Act shall
be deposited to the credit of the appropriation or appropriations currently available for
such services or supplies.
Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148)
The Federal Government shall not be liable for any claim based upon the exercise or
performance of or the failure to exercise or perform a discretionary function or duty
on the part of a Federal agency or an employee of the Federal Government in carrying
out the provisions of this Act.
Sec. 306. Performance of Services (42 U.S.C. 5149)
(a) Utilization of Services or Facilities of State and Local Governments - In carrying out
the purposes of this Act, any Federal agency is authorized to accept and utilize the
services or facilities of any State or local government, or of any agency, office, or
employee thereof, with the consent of such government.
(b) Appointment of Temporary Personnel, Experts, and Consultants; Acquisition, Rental,
or Hire of Equipment, Services, Materials and Supplies - In performing any services
under this 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 provisions of title 5 governing appointments
in competitive service;
(2) to employ experts and consultants in accordance with the provisions of
section 3109 of such title, without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to classification and
General Schedule pay rates; and
(3) to incur obligations on behalf of the United States by contract or otherwise for
the acquisition, rental, or hire of equipment, services, materials, and supplies
for shipping, drayage, travel, and communications, and for the supervision
and administration of such activities. Such obligations, including obligations
arising out of the temporary employment of additional personnel, may be
incurred by an agency in such amount as may be made available to it by the
President.
Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150)
(a) Contracts or Agreements with Private Entities
(1) In General - In the expenditure of Federal funds for debris clearance,
distribution of supplies, reconstruction, and other major disaster or
emergency assistance activities which may be carried out by contract or
agreement with private organizations, 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.
13
STAFFORD ACT > TITLE III > §§ 307-308
(2) Construction - This section shall not be considered to restrict the use of
Department of Defense resources under this Act in the provision of assistance
in a major disaster.
(3) Specific Geographic Area - In carrying out this section, a contract or agreement
may be set aside for award based on a specific geographic area.
(b) Implementation
(1) Contracts Not to Entities in Area - Any expenditure of Federal funds for debris
clearance, distribution of supplies, reconstruction, and other major disaster
or emergency assistance activities which may be carried out by contract or
agreement with private organizations, 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 emergency 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 the head of such agency determines
that it is not feasible or practicable to do so.
(3) Formation of Requirements – The head of a Federal agency, as feasible and
practicable, shall formulate appropriate requirements to facilitate compliance
with this section.
(c) P rior Contracts - Nothing in this section shall be construed to require any Federal
agency to breach or renegotiate any contract in effect before the occurrence of a
major disaster or emergency.
Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151)
(a) Regulations for Equitable and Impartial Relief Operations - The President shall issue,
and may alter and amend, such regulations as may be necessary for the guidance
of personnel carrying out Federal assistance functions at the site of a major
disaster or emergency. Such regulations shall include provisions for insuring that
the distribution of supplies, the processing of applications, and other relief and
assistance activities shall be accomplished in an equitable and impartial manner,
without discrimination on the grounds of race, color, religion, nationality, sex,
age, disability, English proficiency, or economic status.
(b) Compliance with Regulations as Prerequisite to Participation by Other Bodies in Relief
Operations - As a condition of participation in the distribution of assistance or
supplies under this Act or of receiving assistance under this Act, governmental
bodies and other organizations shall be required to comply with regulations
relating to nondiscrimination promulgated by the President, and such other
regulations applicable to activities within an area affected by a major disaster or
emergency as he deems necessary for the effective coordination of relief efforts.
14
STAFFORD ACT > TITLE III > §§ 309-310
Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152)
(a) In providing relief and assistance under this Act, the President may utilize, with
their consent, the personnel and facilities of the American National Red Cross,
the Salvation Army, the Mennonite Disaster Service, and other relief or disaster
assistance organizations, in the distribution of medicine, food, supplies, or other
items, and in the restoration, rehabilitation, or reconstruction of community
services housing and essential facilities, whenever the President finds that such
utilization is necessary.
(b) The President is authorized to enter into agreements with the American National
Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or
disaster assistance organizations under which the disaster relief activities of such
organizations may be coordinated by the Federal coordinating officer whenever
such organizations are engaged in providing relief during and after a major disaster
or emergency. Any such agreement shall include provisions assuring that use of
Federal facilities, supplies, and services will be in compliance with regulations
prohibiting duplication of benefits and guaranteeing nondiscrimination
promulgated by the President under this Act, and such other regulation as the
President may require.
Sec. 310. Priority to Certain Applications for Public Facility and Public Housing
Assistance (42 U.S.C. 5153)
(a) Priority - In the processing of applications for assistance, priority and immediate
consideration shall be given by the head of the appropriate Federal agency, during
such period as the President shall prescribe, to applications from public bodies
situated in areas affected by major disasters under the following Acts:
(1) The United States Housing Act of 19378 for the provision of low-income
housing.
(2) Sections 3502 to 3505 of title 40 for assistance in public works planning.
(3) The Community Development Block Grant Program under title I of the
Housing and Community Development Act of 1974.9
(4) Section 1926 of title 7.10
(5) The Public Works and Economic Development Act of 1965.11
(6) Subtitle IV of title 40.
(7) The Federal Water Pollution Control Act.12
(b) Obligation of Certain Discretionary Funds - In the obligation of discretionary funds
or funds which are not allocated among the States or political subdivisions of
8. 42 U.S.C. 1437 et seq.
9. 42 U.S.C. 5301 et seq.
10. Section 306 of the Consolidated Farm and Rural Development Act.
11. 42 U.S.C. 3121 et seq.
12. 33 U.S.C. 1251 et seq.
15
STAFFORD ACT > TITLE III > § 311; 42 U.S.C. § 5154a
a State, the Secretary of Housing and Urban Development and the Secretary of
Commerce shall give priority to applications for projects for major disaster areas.
Sec. 311. Insurance (42 U.S.C. 5154)
(a) Applicants for Replacement of Damaged Facilities
(1) Compliance with Certain Regulations - An applicant for assistance under
section 5172 of this title [Section 406] (relating to repair, restoration, and
replacement of damaged facilities), section 5189 of this title [Section 422]
(relating to simplified procedure) or section 3149(c)(2) of this title shall
comply with regulations prescribed by the President to assure that, with
respect to any property to be replaced, restored, repaired, or constructed
with such assistance, such types and extent of insurance will be obtained
and maintained as may be reasonably available, adequate, and necessary, to
protect against future loss to such property.
(2) D
etermination - In making a determination with respect to availability,
adequacy, and necessity under paragraph (1), the President shall not require
greater types and extent of insurance than are certified to him as reasonable
by the appropriate State insurance commissioner responsible for regulation
of such insurance.
(b) Maintenance of Insurance - No applicant for assistance under section 5172 of this
title [Section 406] (relating to repair, restoration, and replacement of damaged
facilities), section 5189 of this title [Section 422] (relating to simplified procedure),
or section 3149(c)(2) of this title may receive such assistance for any property or
part thereof for which the applicant has previously received assistance under this
Act unless all insurance required pursuant to this section has been obtained and
maintained with respect to such property. The requirements of this subsection
may not be waived under section 5141 of this title [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 5172 or 5189 of this
title [Section 406 or 422] or section 3149(c)(2) of this title) or subsequently and
accompanied by a plan for self-insurance which is satisfactory to the President,
shall be deemed compliance with subsection (a). No such self-insurer may receive
assistance under section 5172 or 5189 of this title [Section 406 or 422] for any
property or part thereof for which it has previously received assistance under this
Act, to the extent that insurance for such property or part thereof would have been
reasonably available.
Prohibited Flood Disaster Assistance (42 U.S.C. 5154a)13
(a) General Prohibition - Notwithstanding any other provision of law, no Federal
13. This section was enacted as part of the National Flood Insurance Reform Act of 1994 and as part
of the Riegle Community Development and Regulatory Improvement Act of 1994, and not as part of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
16
STAFFORD ACT > TITLE III > 42 U.S.C. § 5154a
disaster relief assistance made available in a flood disaster area may be used to
make a payment (including any loan assistance payment) to a person for repair,
replacement, or restoration for damage to any personal, residential, or commercial
property if that person at any time has received flood disaster assistance that was
conditional on the person first having obtained flood insurance under applicable
Federal law and subsequently having failed to obtain and maintain flood insurance
as required under applicable Federal law on such property.
(b) Transfer of Property
(1) Duty to Notify -In the event of the transfer of any property described in
paragraph (3), the transferor shall, not later than the date on which such
transfer occurs, notify the transferee in writing of the requirements to -
(A) obtain flood insurance in accordance with applicable Federal law with
respect to such property, if the property is not so insured as of the date
on which the property is transferred; and
(B) maintain flood insurance in accordance with applicable Federal law with
respect to such property. Such written notification shall be contained in
documents evidencing the transfer of ownership of the property.
(2) Failure to Notify - If a transferor described in paragraph (1) fails to make
a notification in accordance with such paragraph and, subsequent to the
transfer of the property -
(A) the transferee fails to obtain or maintain flood insurance in accordance
with applicable Federal law with respect to the property,
(B) the property is damaged by a flood disaster, and
(C) Federal disaster relief assistance is provided for the repair, replacement,
or restoration of the property as a result of such damage, the transferor
shall be required to reimburse the Federal Government in an amount
equal to the amount of the Federal disaster relief assistance provided
with respect to the property.
(3) Property Described - For purposes of paragraph (1), a property is described
in this paragraph if it is personal, commercial, or residential property for
which Federal disaster relief assistance made available in a flood disaster area
has been provided, prior to the date on which the property is transferred,
for repair, replacement, or restoration of the property, if such assistance was
conditioned upon obtaining flood insurance in accordance with applicable
Federal law with respect to such property.
(c) [Omitted]
(d) “Flood Disaster Area” Defined - For purposes of this section, the term “flood disaster
area” means an area with respect to which
(1) the Secretary of Agriculture finds, or has found, to have been substantially
17
STAFFORD ACT > TITLE III > § 312
affected by a natural disaster in the United States pursuant to section 1961(a)
of title 7;14 or
(2) the President declares, or has declared, the existence of a major disaster or
emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), as a result of flood conditions existing
in or affecting that area.
(e) Effective Date - This section and the amendments made by this section15 shall apply
to disasters declared after September 23, 1994.
Sec. 312. Duplication of Benefits (42 U.S.C. 5155)
(a) General Prohibition - The President, in consultation with the head of each Federal
agency administering any program providing financial assistance to persons,
business concerns, or other entities suffering losses as a result of a major disaster
or emergency, shall assure that no such person, business concern, or other entity
will receive such assistance with respect to any part of such loss as to which he has
received financial assistance under any other program or from insurance or any
other source.
(b) Special Rules
(1) Limitation - This section shall not prohibit the provision of Federal assistance
to a person who is or may be entitled to receive benefits for the same
purposes from another source if such person has not received such other
benefits by the time of application for Federal assistance and if such person
agrees to repay all duplicative assistance to the agency providing the Federal
assistance.
(2) Procedures - The President shall establish such procedures as the President
considers necessary to ensure uniformity in preventing duplication of
benefits.
(3) Effect of Partial Benefits - Receipt of partial benefits for a major disaster or
emergency shall not preclude provision of additional Federal assistance for
any part of a loss or need for which benefits have not been provided.
(c) Recovery of Duplicative Benefits - A person receiving Federal assistance for a major
disaster or emergency shall be liable to the United States to the extent that such
assistance duplicates benefits available to the person for the same purpose from
another source. The agency which provided the duplicative assistance shall collect
such duplicative assistance from the recipient in accordance with chapter 37 of
title 31, relating to debt collection, when the head of such agency considers it to
be in the best interest of the Federal Government.
(d) Assistance Not Income - Federal major disaster and emergency assistance provided
to individuals and families under this Act, and comparable disaster assistance
14. The Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)).
15. This refers to the amendments made by section 582(c) of Pub. L. 103-325, which amended section
4012a of this title.
18
STAFFORD ACT > TITLE III > §§ 313-315
provided by States, local governments, and disaster assistance organizations, shall
not be considered as income or a resource when determining eligibility for or
benefit levels under federally funded income assistance or resource-tested benefit
programs.
Sec. 313. Standards and Reviews (42 U.S.C. 5156)
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 coordination and effectiveness of such programs and
consistency in policies for reimbursement of States under this Act.
Sec. 314. Penalties (42 U.S.C. 5157)
(a) Misuse of Funds - Any person who knowingly misapplies the proceeds of a loan or
other cash benefit obtained under this Act shall be fined an amount equal to one
and one-half times the misapplied amount of the proceeds or cash benefit.
(b) Civil Enforcement - Whenever it appears that any person has violated or is about
to violate any provision of this Act, including any civil penalty imposed under
this Act, the Attorney General may bring a civil action for such relief as may be
appropriate. Such action may be brought in an appropriate United States district
court.
(c) Referral to Attorney General - The President shall expeditiously refer to
the Attorney General for appropriate action any evidence developed in the
performance of functions under this Act that may warrant consideration for
criminal prosecution.
(d) Civil Penalty - Any individual who knowingly violates any order or regulation
issued under this Act shall be subject to a civil penalty of not more than $5,000
for each violation.
Sec. 315. Availability of Materials (42 U.S.C. 5158)
The President is authorized, at the request of the Governor of an affected State, to provide
for a survey of construction materials needed in the area affected by a major disaster on
an emergency basis for housing repairs, replacement housing, public facilities repairs
and replacement, farming operations, and business enterprises and to take appropriate
action to assure the availability and fair distribution of needed materials, including,
where possible, the allocation of such materials for a period of not more than one
hundred and eighty days after such major disaster. Any allocation program shall be
implemented by the President to the extent possible, by working with and through
those companies which traditionally supply construction materials in the affected
area. For the purposes of this section “construction materials” shall include building
materials and materials required for repairing housing, replacement housing, public
facilities repairs and replacement, and for normal farm and business operations.
19
STAFFORD ACT > TITLE III > §§ 316-318
Sec. 316. Protection of Environment (42 U.S.C. 5159)
An action which is taken or assistance which is provided pursuant to section 5170a,
5170b, 5172, 5173, or 5192 of this title [Section 402, 403, 406, 407, or 502],
including such assistance provided pursuant to the procedures provided for in section
5189 of this title [Section 422], which has the effect of restoring a facility substantially
to its condition prior to the disaster or emergency, shall not be deemed a major Federal
action significantly affecting the quality of the human environment within the meaning
of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. §4321
et seq.]. Nothing in this section shall alter or affect the applicability of the National
Environmental Policy Act of 1969 [42 U.S.C. §4321 et seq.] to other Federal actions
taken under this Act or under any other provisions of law.
Sec. 317. Recovery of Assistance (42 U.S.C. 5160)
(a) Party Liable - Any person who intentionally causes a condition for which Federal
assistance is provided under this Act or under any other Federal law as a result of
a declaration of a major disaster or emergency under this Act shall be liable to the
United States for the reasonable costs incurred by the United States in responding
to such disaster or emergency to the extent that such costs are attributable to the
intentional act or omission of such person which caused such condition. Such
action for reasonable costs shall be brought in an appropriate United States district
court.
(b) Rendering of Care - A person shall not be liable under this section for costs incurred
by the United States as a result of actions taken or omitted by such person in
the course of rendering care or assistance in response to a major disaster or
emergency.
Sec. 318. Audits and Investigations (42 U.S.C. 5161)
(a) In General - Subject to the provisions of chapter 75 of title 31, relating to requirements
for single audits, the President shall conduct audits and investigations as necessary
to assure compliance with this Act, and in connection therewith may question
such persons as may be necessary to carry out such audits and investigations.
(b) Access to Records - For purposes of audits and investigations under this section,
the President and Comptroller General may inspect any books, documents, papers,
and records of any person relating to any activity undertaken or funded under this
Act.
(c) State and Local Audits - The President may require audits by State and local
governments in connection with assistance under this Act when necessary to
assure compliance with this Act or related regulations.
Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162)
(a) In General - The President may lend or advance to an eligible applicant or a State
the portion of assistance for which the State is responsible under the cost-sharing
provisions of this Act in any case in which-20
STAFFORD ACT > TITLE III > §§ 320-322
(1) the State is unable to assume its financial responsibility under such costsharing provisions—
(A) with respect to concurrent, multiple major disasters in a jurisdiction,
or
(B) after incurring extraordinary costs as a result of a particular disaster;
and
(2) the damages caused by such disasters or disaster are so overwhelming
and severe that it is not possible for the applicant or the State to assume
immediately their financial responsibility under this 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 on outstanding marketable obligations of the United
States with remaining periods to maturity comparable to the reimbursement
period of the loan or advance.
(c) Regulations - The President shall issue regulations describing the terms and
conditions under which any loan or advance authorized by this section may be
made.
Sec. 320. Limitation on Use of Sliding Scales (42 U.S.C. 5163)
No geographic area shall be precluded from receiving assistance under this Act solely
by virtue of an arithmetic formula or sliding scale based on income or population.
Sec. 321. Rules and Regulations (42 U.S.C. 5164)
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.
Sec. 322. Mitigation Planning (42 U.S.C. 5165)
(a) Requirement of Mitigation Plan - As a condition of receipt of an increased Federal
share for hazard mitigation measures under subsection (e) of this section, a State,
local, or tribal government shall develop and submit for approval to the President
a mitigation plan that outlines processes for identifying the natural hazards, risks,
and vulnerabilities of the area under the jurisdiction of the government.
(b) Local and Tribal Plans - Each mitigation plan developed by a local or tribal
government shall
(1) describe actions to mitigate hazards, risks, and vulnerabilities identified
under the plan; and
21
STAFFORD ACT > TITLE III > §§ 322-323
(2) establish a strategy to implement those actions.
(c) State Plans - The State process of development of a mitigation 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 governments for mitigation
planning; and
(4) identify and prioritize mitigation actions that the State will support, as
resources become available.
(d) Funding
(1) In General - Federal contributions under section 5170c of this title [Section
404] may be used to fund the development and updating of mitigation plans
under this section.
(2) Maximum Federal Contribution - With respect to any mitigation plan, a State,
local, or tribal government may use an amount of Federal contributions
under section 5170c of this title [Section 404] not to exceed 7 percent of
the amount of such contributions available to the government as of a date
determined by the government.
(e) Increased Federal Share for Hazard Mitigation Measures
(1) In General - If, at the time of the declaration of a major disaster, 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, the maximum
percentage specified in the last sentence of section 5170c(a) of this title
[Section 404(a)].
(2) Factors for Consideration -In determining whether to increase the maximum
percentage under paragraph (1), the President shall consider whether the
State has established -
(A) eligibility criteria for property acquisition and other types of mitigation
measures;
(B) requirements for cost effectiveness that are related to the eligibility
criteria;
(C) a system of priorities that is related to the eligibility criteria; and
(D) a process by which an assessment of the effectiveness of a mitigation
action may be carried out after the mitigation action is complete.
Sec. 323. M
inimum Standards for Public and Private Structures
(42 U.S.C. 5165a)
(a) In General - As a condition of receipt of a disaster loan or grant under this Act
(1) the recipient shall carry out any repair or construction to be financed with
22
STAFFORD ACT > TITLE III > §§ 324-325
the loan or grant in accordance with applicable standards of safety, decency,
and sanitation and in conformity with applicable codes, specifications, and
standards; and
(2) the President may require safe land use and construction 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.
Sec. 324. Management Costs (42 U.S.C. 5165b)
(a) Definition of Management Cost - In this section, the term “management cost”
includes any indirect cost, any administrative expense, and any other expense
not directly chargeable to a specific project under a major disaster, emergency, or
disaster preparedness or mitigation activity or measure.
(b) Establishment of Management Cost Rates - Notwithstanding any other provision
of law (including any administrative rule or guidance), the President shall by
regulation establish management cost rates, for grantees and subgrantees, that
shall be used to determine contributions under this Act for management 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.
Sec. 325. Public Notice, Comment, and Consultation Requirements
(42 U.S.C. 5165c)
(a) Public Notice and Comment Concerning New or Modified Policies
(1) In General - The President shall provide for public notice 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 Management 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 declared under this Act, the President, to the
maximum extent practicable, shall solicit the views and recommendations
of grantees and subgrantees with respect to the major disaster or emergency
concerning the potential interim policy, if the interim policy is likely -
23
STAFFORD ACT > TITLE III > § 326
(A) to result in a significant reduction of assistance to applicants for the
assistance with respect to the major disaster or emergency; or
(B) to change the terms of a written agreement to which the Federal
Government is a party concerning the declaration of the major disaster
or emergency.
(2) No Legal Right of Action - Nothing in this subsection confers a legal right of
action on any party.
(c) Public Access - The President shall promote public access to policies governing the
implementation of the public assistance program.
Sec. 326. Designation of Small State and Rural Advocate (42 U.S.C. 5165d)
(a) In General - The President shall designate in the Federal Emergency Management
Agency a Small State and Rural Advocate.
(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 5170 of this title
[Section 401] and the emergency declaration process under section 5191 of
this title [Section 501], to ensure that the needs of rural communities are
being addressed;
(2) assist small population States in the preparation of requests for major disaster
or emergency declarations; and
(3) conduct such other activities as the Administrator of the Federal Emergency
Management Agency considers appropriate.
24
STAFFORD ACT > TITLE IV > § 401
Title IV -- Major Disaster Assistance Programs
Sec. 401. Procedure for Declaration (42 U.S.C. 5170)*16
(a) I n General - All requests for a declaration by the President that a major disaster
exists shall be made by the Governor of the affected State. Such a request shall be
based on a finding that the disaster is of such severity and magnitude that effective
response is beyond the capabilities of the State and the affected local governments
and that Federal assistance is necessary. As part of such request, and as a prerequisite
to major disaster assistance under this 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 requirements of this Act.
Based on the request of a Governor under this section, the President may declare
under this Act that a major disaster or emergency exists.
(b) Indian Tribal Government Requests
(1) In General - The Chief Executive of an affected Indian tribal government may
submit a request for a declaration by the President that a major disaster exists
consistent with the requirements of subsection (a).
(2) References - In implementing assistance authorized by the President under
this chapter in response to a request of the Chief Executive of an affected
Indian tribal government for a major disaster declaration, any reference in
this subchapter or subchapter III (except sections 5153 and 5165d of this
title [Sections 310 and 326]) to a State or the Governor of a State is deemed
to refer to an affected Indian tribal government or the Chief Executive of an
affected Indian tribal government, as appropriate.
(3) Savings Provision - Nothing in this subsection shall prohibit an Indian tribal
government from receiving assistance under this subchapter through a
declaration made by the President at the request of a State under subsection
(a) if the President does not make a declaration under this subsection for the
same incident.
16. Individual assistance factors: Pub. L. 113-2, div. B, § 1109, Jan. 29, 2013, 127 Stat. 47, provides
that, “In order to provide more objective criteria for evaluating the need for assistance to individuals, to clarify the threshold for eligibility and to speed a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), not later than 1 year after the date of enactment of this division [Jan. 29, 2013], the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of
State, tribal, and local emergency management agencies, shall review, update, and revise through
rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations
(including section 206.48(b)(2) of such title relating to trauma and the specific conditions or losses
that contribute to trauma), to measure the severity, magnitude, and impact of a disaster.”
25
STAFFORD ACT > TITLE IV > § 402
(c) Cost Share Adjustments for Indian Tribal Governments
(1) In General - In providing assistance to an Indian tribal government under this
subchapter, the President may waive or adjust any payment of a non-Federal
contribution with respect to the assistance if -
(A) The President has the authority to waive or adjust the payment under
another provision of this subchapter; and
(B) The President determines that the waiver of adjustment is necessary and
appropriate.
(2) Criteria for Making Determinations – The President shall establish criteria for
making determinations under paragraph (1)(B).
Sec. 402. General Federal Assistance (42 U.S.C. 5170a)
In any major disaster, the President may
(1) direct any Federal agency, with or without reimbursement, to utilize its
authorities and the resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, and managerial, technical, and
advisory services) in support of State and local assistance response and
recovery efforts, including precautionary evacuations;
(2) coordinate all disaster relief assistance (including voluntary assistance)
provided by Federal agencies, private organizations, and State and local
governments, including precautionary evacuations and recovery;
(3) provide technical and advisory assistance to affected State and local
governments for -
(A) the performance of essential community services;
(B) issuance of warnings of risks and hazards;
(C) public health and safety information, including dissemination of such
information;
(D) provision of health and safety measures;
(E) management, control, and reduction of immediate threats to public
health and safety; and
(F) recovery activities, including disaster impact assessments and planning;
(4) assist State and local governments in the distribution of medicine, food, and
other consumable supplies, and emergency assistance; and
(5) provide accelerated Federal assistance and Federal support where necessary
to save lives, prevent human suffering, or mitigate severe damage, which
may be provided in the absence 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;
26
STAFFORD ACT > TITLE IV > § 403
and
(B) shall not, in notifying and coordinating with a State under subparagraph
(A), delay or impede the rapid deployment, use, and distribution of
critical resources to victims of a major disaster.
Sec. 403. Essential Assistance (42 U.S.C. 5170b)*
(a) In General - Federal agencies may on the direction of the President, provide
assistance essential to meeting immediate threats to life and property resulting
from a major disaster, as follows:
(1) Federal Resources, Generally - Utilizing, lending, or donating to State and local
governments Federal equipment, supplies, facilities, personnel, and other
resources, other than the extension of credit, for use or distribution by such
governments in accordance with the purposes of this Act.
(2) Medicine, Food, and Other Consumables - Distributing or rendering through
State and local governments, the American National Red Cross, the Salvation
Army, the Mennonite Disaster Service, and other relief and disaster assistance
organizations medicine durable medical equipment,,17 food, and other
consumable supplies, and other services and assistance to disaster victims.
(3) Work and Services to Save Lives and Protect Property - Performing on public
or private lands or waters any work or services essential to saving lives and
protecting and preserving property or public health and safety, including -
(A) debris removal;
(B) search and rescue, emergency medical care, emergency mass care,
emergency shelter, and provision of food, water, medicine durable
medical equipment,,18 and other essential needs, including movement
of supplies or persons;
(C) clearance of roads and construction of temporary bridges necessary to
the performance of emergency tasks and essential community services;
(D) provision of temporary facilities for schools and other essential
community services;
(E) demolition of unsafe structures which endanger the public;
(F) warning of further risks and hazards;
(G) dissemination of public information and assistance regarding health and
safety measures;
(H) provision of technical advice to State and local governments on disaster
management and control;
(I) reduction of immediate threats to life, property, and public health and
safety; and
17. Typographical error in original; the extra comma should probably follow “medicine.”
18. Typographical error in original; the extra comma should probably follow “medicine.”
27
STAFFORD ACT > TITLE IV > § 403
(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 direct the Secretary of Defense to utilize the resources of the
Department of Defense for the purpose of performing on public and private
lands any emergency work which is made necessary by such incident and
which is essential for the preservation of life and property. If the President
determines that such work is essential for the preservation of life and
property, the President shall grant such request to the extent the President
determines practicable. Such emergency work may only be carried out for a
period not to exceed 10 days.
(2) Rules Applicable to Debris Removal - Any removal of debris and wreckage
carried out under this subsection shall be subject to section 5173(b) of
this title [Section 407(b)], relating to unconditional authorization and
indemnification for debris removal.
(3) Expenditures out of Disaster Relief Funds - The cost of any assistance provided
pursuant to this subsection shall be reimbursed out of funds made available
to carry out this Act.
(4) Federal Share - The Federal share of assistance under this subsection shall be
not less than 75 percent.
(5) Guidelines - Not later than 180 days after November 23, 1988,19 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) D
epartment of Defense - The term “Department of Defense” has the
meaning the term “department” has under section 101 of title 10.
(B) Emergency Work - The term “emergency work” includes clearance and
removal of debris and wreckage and temporary restoration of essential
public facilities and services.
19. The date of the enactment of the Disaster Relief and Emergency Assistance Amendments of 1988.
28
STAFFORD ACT > TITLE IV > §§ 403-404
(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 emergency protective measures under
this section, if—
(i) the work is not typically performed by the employees; and
(ii) the type of work may otherwise be carried out by contract or
agreement with private organizations, firms, or individuals.;20 or
(B) overtime and hazardous duty compensation for permanent employees of
the State, tribal, or local government conducting emergency protective
measures under this section.
(2) Overtime - 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 mutual aid pact.
Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)*21
(a) In General - The President may contribute up to 75 percent of the cost of hazard
mitigation measures which the President has determined are cost-effective and
which substantially reduce the risk of future damage, hardship, loss, or suffering
in any area affected by a major disaster. Such measures shall be identified following
the evaluation of natural hazards under section 5165 of this title [Section 322] and
shall be subject to approval by the President. Subject to section 5165 of this title
[Section 322], the total of contributions under this section for a major disaster 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.
20. Typographical error (two punctuation marks) in original.
21. Pub. L. 113-2, div. B, § 1104(c), Jan. 29, 2013, 127 Stat. 43, provides that, “The authority under
the amendments made by this section [amending this section] shall apply to— (1) any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) on or after the date of enactment of this division [Jan. 29, 2013]; and
(2) a major disaster or emergency declared under that Act before the date of enactment of this
division for which the period for processing requests for assistance has not ended as of the date of
enactment of this division.”
29
STAFFORD ACT > TITLE IV > § 404
(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).
(2) Terms and Conditions - An acquisition or relocation project shall be eligible to
receive assistance pursuant to paragraph (1) only if -
(A) the applicant for the assistance is otherwise eligible to receive assistance
under the hazard mitigation grant program established under subsection
(a) of this section; and
(B) on or after December 3, 1993, the applicant for the assistance enters
into an agreement with the Administrator that provides assurances
that -
(i) any property acquired, accepted, or from which a structure will be
removed pursuant to the project will be dedicated and maintained
in perpetuity for a use that is compatible with open space,
recreational, or wetlands management practices;
(ii) no new structure will be erected on property acquired, accepted
or from which a structure was removed under the acquisition or
relocation program other than--
(I) a public facility that is open on all sides and functionally
related to a designated open space;
(II) a rest room; or
(III) a structure that the Administrator approves in writing before
the commencement of the construction of the structure; and
(iii) after receipt of the assistance, with respect to any property
acquired, accepted or from which a structure was removed under
the acquisition or relocation program--
(I) no subsequent application for additional disaster assistance
for any purpose will be made by the recipient to any Federal
entity; and
(II) no assistance referred to in subclause (I) will be provided to
the applicant by any Federal source.
(3) Statutory Construction - Nothing in this subsection is intended to alter or
otherwise affect an agreement for an acquisition or relocation project carried
out pursuant to this section that was in effect on the day before December 3,
1993.
(c) Program Administration by States
(1) In General - A State desiring to administer the hazard mitigation grant program
30
STAFFORD ACT > TITLE IV > § 404
established by this section with respect to hazard mitigation assistance in the
State may submit to the President an application for the delegation of the
authority to administer the program.
(2) Criteria - The President, in consultation and coordination with States and
local governments, shall establish criteria for the approval of applications
submitted under paragraph (1). Until such time as the Administrator
promulgates regulations to implement this paragraph, the Administrator
may waive notice and comment rulemaking, if the Administrator
determines doing so is necessary to expeditiously implement this section,
and may carry out this section as a pilot program. 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 5165 of
this title [Section 322]; and
(C) a demonstrated commitment to mitigation activities.
(3) Approval - The President shall approve an application submitted under
paragraph (1) that meets the criteria established under paragraph (2).
(4) Withdrawal of Approval - If, after approving an application of a State
submitted under paragraph (1), the President determines that the State is
not administering the hazard mitigation grant program established by this
section in a manner satisfactory to the President, the President shall withdraw
the approval.
(5) Audits - The President shall provide for periodic audits of the hazard
mitigation grant programs administered by States under this subsection.
(d) Streamlined Procedures
(1) I n General - For the purpose of providing assistance under this section, the
President shall ensure that—
(A) adequate resources are devoted to ensure that applicable environmental
reviews under the National Environmental Policy Act of 1969 [42 U.S.C.
4321 et seq.] and historic preservation reviews under the National
Historic Preservation Act [16 U.S.C. 470 et seq.] are completed on an
expeditious basis; and
(B) the shortest existing applicable process under the National Environmental
Policy Act of 1969 [42 U.S.C. 4321 et seq.] and the National Historic
Preservation Act [16 U.S.C. 470 et seq.] is utilized.
(2) A
uthority for Other Expedited Procedures - The President may utilize expedited
procedures in addition to those required under paragraph (1) for the purpose
of providing assistance under this section, such as procedures under the
Prototype Programmatic Agreement of the Federal Emergency Management
Agency, for the consideration of multiple structures as a group and for an
31
STAFFORD ACT > TITLE IV > §§ 405-406
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.
Sec. 405. Federal Facilities (42 U.S.C. 5171)
(a) Repair, Reconstruction, Restoration, or Replacement of United States Facilities - The
President may authorize any Federal agency to repair, reconstruct, restore, or
replace any facility owned by the United States and under the jurisdiction of such
agency which is damaged or destroyed by any major disaster if he determines that
such repair, reconstruction, restoration, or replacement is of such importance and
urgency that it cannot reasonably be deferred pending the enactment of specific
authorizing legislation or the making of an appropriation for such purposes, or
the obtaining of congressional committee approval.
(b) Availability of Funds Appropriated to Agency for Repair, Reconstruction, Restoration,
or Replacement of Agency Facilities - In order to carry out the provisions of this
section, such repair, reconstruction, restoration, or replacement may be begun
notwithstanding a lack or an insufficiency of funds appropriated for such purpose,
where such lack or insufficiency can be remedied by the transfer, in accordance
with law, of funds appropriated to that agency for another purpose.
(c) Steps for Mitigation of Hazards - In implementing this section, Federal agencies
shall evaluate the natural hazards to which these facilities are exposed and shall
take appropriate action to mitigate such hazards, including safe land-use and
construction practices, in accordance with standards prescribed by the President.
Sec. 406. Repair, Restoration, and Replacement of Damaged Facilities
(42 U.S.C. 5172)
(a) Contributions
(1) In General -The President may make contributions -
(A) to a State or local government for the repair, restoration, reconstruction,
or replacement of a public facility damaged or destroyed by a major
disaster and for associated expenses incurred by the government; and
(B) subject to paragraph (3), to a person that owns or operates a private
nonprofit facility damaged or destroyed by a major disaster for the
repair, restoration, reconstruction, or replacement of the facility and for
associated expenses incurred by the person.
(2) Associated Expenses - For the purposes of this section, associated expenses shall
include -
(A) the costs of mobilizing and employing the National Guard for
performance of eligible work;
(B) the costs of using prison labor to perform eligible work, including
32
STAFFORD ACT > TITLE IV > § 406
wages actually paid, transportation to a worksite, and extraordinary
costs of guards, food, and lodging; and
(C) base and overtime wages for the employees and extra hires of a State,
local government, or person described in paragraph (1) that perform
eligible work, plus fringe benefits on such wages to the extent that such
benefits were being paid before the major disaster.
(3) Conditions for Assistance to Private Nonprofit Facilities -
(A) In General - The President may make contributions 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 section 636(b) of title
15;22 and
(II) (aa) has been determined to be ineligible for such a loan; or
(bb) h
as obtained such a loan in the maximum amount for
which the Small Business Administration determines the
facility is eligible.
(B) Definition of Critical Services - In this paragraph, the term “critical
services” includes power, water (including water provided by an
irrigation organization or facility), sewer, wastewater treatment,
communications, education, and emergency medical care.
(4) Notification to Congress - Before making any contribution under this section
in an amount greater than $20,000,000, the President shall notify—
(A) the Committee on Environment and Public Works of the Senate;
(B) the Committee on Transportation and Infrastructure of the House of
Representatives;
(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 paragraph (2), the Federal
share of assistance under this section shall be not less than 75 percent of the
eligible cost of repair, restoration, reconstruction, or replacement carried out
under this section.
Note: Paragraph (2) takes effect after FEMA has promulgated an implementing regulation.
(2) Reduced Federal Share - The President shall promulgate regulations to reduce
22. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)).
33
STAFFORD ACT > TITLE IV > § 406
the Federal share of assistance under this section to not less than 25 percent
in the case of the repair, restoration, reconstruction, or replacement of
any eligible public facility or private 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 appropriate mitigation
measures to address the hazard that caused the damage to the facility.
(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 subsection (a)(1)(A)
of this section, a contribution in an amount equal to 90 percent of the
Federal share of the Federal estimate of the cost of repairing, restoring,
reconstructing, or replacing the facility and of management expenses.
(B) Use of Funds - Funds contributed to a State or local government under
this paragraph may be used -
(i) to repair, restore, or expand other selected public facilities;
(ii) to construct new facilities; or
(iii) to fund hazard mitigation measures that the State or local
government determines to be necessary to meet a need for
governmental services and functions 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 special 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 repairing, restoring, reconstructing, or replacing the facility,
the person may elect to receive, in lieu of a contribution under subsection
34
STAFFORD ACT > TITLE IV > § 406
(a)(1)(B), a contribution in an amount equal to 75 percent of the
Federal share of the Federal estimate of the cost of repairing, restoring,
reconstructing, or replacing the facility and of management expenses.
(B) Use of Funds - Funds contributed to a person under this paragraph may
be used -
(i) to repair, restore, or expand other selected private nonprofit
facilities owned or operated by the person;
(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 regulatory floodway (as
defined in section 59.1 of title 44, Code of Federal Regulations (or
a successor regulation)); or
(ii) any uninsured private nonprofit facility located in a special 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.).
(d) Flood Insurance
(1) Reduction of Federal Assistance - If a public facility or private nonprofit facility
located in a special flood hazard area identified for more than 1 year by the
Administrator pursuant to the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.) is damaged or destroyed, after the 180th day following
November 23, 1988, by flooding in a major disaster and such facility is not
covered on the date of such flooding by flood insurance, the Federal assistance
which would otherwise be available under this section with respect to repair,
restoration, reconstruction, and replacement of such facility and associated
expenses shall be reduced in accordance with paragraph (2).
(2) Amount of Reduction - The amount of a reduction in Federal assistance under
this section with respect to a facility shall be the lesser of -
(A) the value of such facility on the date of the flood damage or
destruction, or
(B) the maximum amount of insurance proceeds which would have been
payable with respect to such facility if such facility had been covered
by flood insurance under the National Flood Insurance Act of 1968 on
such date.
(3) Exception - Paragraphs (1) and (2) shall not apply to a private nonprofit
35
STAFFORD ACT > TITLE IV > § 406
facility which is not covered by flood insurance solely because of the local
government’s failure to participate in the flood insurance program established
by the National Flood Insurance Act.
(4) D
issemination of Information - The President shall disseminate information
regarding the reduction in Federal assistance provided for by this subsection
to State and local governments and the owners and operators of private
nonprofit facilities who may be affected by such a reduction.
Note: The following version of subsection (e) remains in effect until the cost estimation procedures
established under paragraph (3) of the revised version of subsection 406(e) – see next subsection –
take effect.
(e) Net Eligible Cost –
(1) General Rule – For purposes of this section, the cost of repairing, restoring,
reconstructing, or replacing a public facility or private nonprofit facility on the
basis of the design of such facility as it existed immediately prior to the major
disaster and in conformity with current applicable codes, specifications, and
standards (including floodplain management and hazard mitigation criteria
required by the President or by the Coastal Barrier Resources Act (16 U.S.C.
3501 et seq.)) shall, at a minimum, be treated as the net eligible cost of such
repair, restoration, reconstruction, or replacement.
(2) Special Rule – In any case in which the facility being repaired, restored,
reconstructed, or replaced, under this section was under construction on the
dated of the major disaster, the cost of repairing, restoring, reconstruction,
or replacing such facility shall include, for purposes of this section, only
those costs which, under the contract for such construction, are the owner’s
responsibility and not the contractor’s responsibility.
Note: The following version of subsection 406(e)(1) and (2) becomes effective when the procedures
established by paragraph (3) of this subsection take effect. Subsection 406(e)(4) is currently in effect.
(e) Eligible Cost
(1) Determination -
(A) In General - For the purposes of this section, 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; and
(ii) in conformity with codes, specifications, and standards (including
floodplain management and hazard mitigation criteria required
by the President or under the Coastal Barrier Resources Act (16
U.S.C. 3501 et seq.)) applicable at the time at which the disaster
occurred.
36
STAFFORD ACT > TITLE IV > § 406
(B) Cost Estimation Procedures -
(i) In General - Subject to paragraph (2), the President shall use the
cost estimation procedures established under paragraph (3) to
determine the eligible cost under this subsection.
(ii) Applicability - 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 5189 of
this title [Section 422].
(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 facility under this section is greater than the ceiling
percentage established under paragraph (3) of the cost estimated under
paragraph (1), the President may determine that the eligible cost includes
a portion of the actual cost of the repair, restoration, reconstruction, or
replacement that exceeds the cost estimated under paragraph (1).
(B) Actual Cost Less than Estimated Cost -
(i) Greater than or Equal to Floor Percentage of Estimated Cost - In any
case in which the actual cost of repairing, restoring, reconstructing,
or replacing a facility under this section is less than 100 percent of
the cost estimated under paragraph (1), but is greater than or equal
to the floor percentage established under paragraph (3) of the cost
estimated under paragraph (1), the State or local government or
person receiving funds under this section shall use the excess funds
to carry out cost-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 repairing, restoring, reconstructing, or replacing
a facility under this section is less than the floor percentage
established under paragraph (3) of the cost estimated under
paragraph (1), the State or local government or person receiving
assistance under this section shall reimburse the President in the
amount of the difference.
(C) No Effect on Appeals Process - Nothing in this paragraph affects any right
of appeal under section 5189a of this title [Section 423].
(3) Expert Panel -
(A) Establishment - Not later than 18 months after October 30, 2000, the
President, acting through the Administrator of the Federal Emergency
Management Agency, shall establish an expert panel, which shall
include representatives from the construction industry and State and
local government.
37
STAFFORD ACT > TITLE IV > §§ 406-407
(B) Duties - The expert panel shall develop recommendations concerning -
(i) procedures for estimating the cost of repairing, restoring,
reconstructing, or replacing a facility consistent with industry
practices; and
(ii) the ceiling and floor percentages referred to in paragraph (2).
(C) Regulations - Taking into account the recommendations of the
expert panel under subparagraph (B), the President shall promulgate
regulations that establish -
(i) cost estimation procedures described in subparagraph (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 subparagraph (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 subparagraph (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 estimation
procedures.
(4) Special Rule - In any case in which the facility being repaired, restored,
reconstructed, or replaced under this section was under construction on the
date of the major disaster, the cost of repairing, restoring, reconstructing,
or replacing the facility shall include, for the purposes of this section, only
those costs that, under the contract for the construction, are the owner’s
responsibility and not the contractor’s responsibility.
Sec. 407. Debris Removal (42 U.S.C. 5173)
(a) Presidential Authority - 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 non-profit facility for the purpose of removing debris or wreckage
resulting from a major disaster from publicly or privately owned lands and
waters.
(b) Authorization by State or Local Government; Indemnification Agreement - No
authority under this section shall be exercised unless the affected State or local
government shall first arrange an unconditional authorization for removal of such
debris or wreckage from public and private property, and, in the case of removal
of debris or wreckage from private property, shall first agree to indemnify the
38
STAFFORD ACT > TITLE IV > §§ 407-408
Federal Government against any claim arising from such removal.
(c) Rules Relating to Large Lots - The President shall issue rules which provide for
recognition of differences existing among urban, suburban, and rural lands in
implementation of this section so as to facilitate adequate removal of debris and
wreckage from large lots.
(d) Federal Share - The Federal share of assistance under this section shall be not less
than 75 percent of the eligible cost of debris and wreckage removal carried out
under this section.
(e) Expedited Payments
(1) Grant Assistance – In making a grant under subsection (a)(2), the President
shall provide not less than 50 percent of the President’s initial estimate of
the Federal share of assistance as an initial payment in accordance with
paragraph (2).
(2) Date of Payment – Not later than 60 days 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 government 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.
Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174)*
(a) In General
(1) P rovision of Assistance - In accordance with this section, the President, in
consultation with the Governor of a State, may provide financial assistance,
and, if necessary, direct services, to individuals and households in the State
who, as a direct result of a major disaster, have necessary expenses and
serious needs in cases in which the individuals and households are unable to
meet such expenses or needs through other means.
(2) Relationship to Other Assistance - Under paragraph (1), an individual or
household shall not be denied assistance under paragraph (1), (3), or (4)
of subsection (c) of this section solely on the basis that the individual or
household has not applied for or received any loan or other financial assistance
from the Small Business Administration or any other Federal agency.
(b) Housing Assistance
(1) E ligibility - The President may provide financial or other assistance under
this section to individuals and households to respond to the disaster-related
housing needs of individuals and households who are displaced from their
predisaster primary residences or whose predisaster primary residences are
rendered uninhabitable, or with respect to individuals with disabilities,
rendered inaccessible or uninhabitable, as a result of damage caused by a
major disaster.
39
STAFFORD ACT > TITLE IV > § 408
(2) Determination of Appropriate Types of Assistance -
(A) In General - The President shall determine appropriate types of
housing assistance to be provided under this section to individuals and
households described in subsection (a)(1) based on considerations of
cost effectiveness, convenience to the individuals and households, and
such other factors as the President may consider appropriate.
(B) Multiple Types of Assistance - One or more types of housing assistance
may be made available under this section, based on the suitability and
availability of the types of assistance, to meet the needs of individuals
and households in the particular disaster situation.
(c) Types of Housing Assistance
(1) Temporary Housing -
(A) Financial Assistance -
(i) In General - The President may provide financial assistance to
individuals or households to rent alternate housing accommodations,
existing rental units, manufactured housing, recreational vehicles,
or other readily fabricated dwellings. Such assistance may include
the payment of the cost of utilities, excluding telephone service.
(ii) Amount - 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
unit installation not provided directly by the President.
(B) Direct Assistance -
(i) In General - The President may provide temporary housing units,
acquired by purchase or lease, directly to individuals or households
who, because of a lack of available housing resources, would
be unable to make use of the assistance provided under
subparagraph (A).
(ii) Lease and Repair of Rental Units for Temporary Housing -
(I) I n General - The President, to the extent the President determines
it would be a cost-effective alternative to other temporary
housing options, may -
(aa) enter into lease agreements with owners of multifamily
rental property located in areas covered by a major
disaster declaration to house individuals and households
eligible for assistance under this section; and
(bb) make repairs or improvements to properties under such
lease agreements, to the extent necessary to serve as safe
and adequate temporary housing.
(II) I mprovements or Repairs - Under the terms of any lease agreement
40
STAFFORD ACT > TITLE IV > § 408
for property entered into under this subsection, the value of
the improvements or repairs
(aa) shall be deducted from the value of the lease agreement;
and
(bb) may not exceed the value of the lease agreement.
(iii) Period of Assistance - The President may not provide direct assistance
under clause (i) with respect 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 President
may extend that period if the President determines that due to
extraordinary circumstances an extension would be in the public
interest.
(iv) Collection of Rental Charges - 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 private access route) damaged
by a major disaster to a safe and sanitary living or functioning
condition; and
(ii) eligible hazard mitigation measures that reduce the likelihood of
future damage to such residences, utilities, or infrastructure.
(B) Relationship to Other Assistance - A recipient of assistance provided
under this paragraph shall not be required to show that the assistance
can be met through other means, except insurance proceeds.
(3) Replacement -
(A) In General - The President may provide financial assistance for the
replacement of owner-occupied private residences damaged by a major
disaster.
(B) Applicability of Flood Insurance Requirement - With respect to assistance
provided under this paragraph, the President may not waive any
provision of Federal law requiring the purchase of 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 individuals or households to construct
permanent or semi-permanent housing in insular areas outside the continental
United States and in other locations in cases in which -
(A) no alternative housing resources are available; and
41
STAFFORD ACT > TITLE IV > § 408
(B) the types of temporary housing assistance described in paragraph (1)
are unavailable, infeasible, or not cost-effective.
(d) Terms and Conditions Relating to Housing Assistance
(1) Sites -
(A) In General - Any readily fabricated dwelling provided under this section
shall, whenever practicable, be located on a site that -
(i) is complete with utilities;
(ii) meets the physical accessibility requirements for individuals with
disabilities; and
(iii) is provided by the State or local government, by the owner of the
site, or by the occupant who was displaced by the major disaster.
(B) Sites Provided by the President - A readily fabricated dwelling may be
located on a site provided by the President if the President determines
that such a site would be more economical or accessible.
(2) Disposal of Units -
(A) Sale to Occupants -
(i) In General - Notwithstanding any other provision of law, a
temporary housing unit purchased under this section by the
President for the purpose of housing disaster victims may be sold
directly to the individual or household who is occupying the unit
if the individual or household lacks permanent housing.
(ii) Sale Price - A sale of a temporary housing unit under clause (i) shall
be at a price that is fair and equitable.
(iii) Deposit of Proceeds - Notwithstanding any other provision of law,
the proceeds of a sale under clause (i) shall be deposited in the
appropriate Disaster Relief Fund account.
(iv) Hazard and Flood Insurance - A sale of a temporary housing unit
under clause (i) shall be made on the condition that the individual
or household purchasing the housing unit agrees to obtain and
maintain hazard and 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 purchased under this section by the President
for the purpose of housing disaster victims -
(i) may be sold to any person; or
(ii) may be sold, transferred, donated, or otherwise made available
directly to a State or other governmental entity or to a voluntary
42
STAFFORD ACT > TITLE IV > § 408
organization for the sole purpose of providing temporary
housing to disaster victims in major disasters and emergencies if,
as a condition of the sale, transfer, or donation, the State, other
governmental agency, or voluntary organization agrees
(I) to comply with the nondiscrimination provisions of section
5151 of this title [Section 308]; and
(II) to obtain and maintain hazard and flood insurance on the
housing unit.
(e) Financial Assistance to Address Other Needs
(1) Medical, Dental, Child Care, and Funeral Expenses - 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
affected by a major disaster to meet disaster-related medical, dental, child
care, and funeral expenses.
(2) Personal Property, Transportation, and Other Expenses - 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 address personal property, transportation, and other necessary expenses or
serious needs resulting from the major disaster.
(f) State Role
(1) Financial Assistance to Address Other Needs -
(A) Grant to State - Subject to subsection (g) of this section, a Governor
may request a grant from the President to provide financial assistance
to individuals and households in the State under subsection (e) of this
section.
(B) Administrative Costs - A State that receives a grant under subparagraph
(A) may expend not more than 5 percent of the amount of the grant for
the administrative costs of providing financial assistance to individuals
and households in the State under subsection (e) of this section.
(2) Access to Records - In providing assistance to individuals and households
under this section, the President shall provide for the substantial and ongoing
involvement of the States in which the individuals and households are
located, including by providing to the States access to the electronic records
of individuals and households receiving assistance under this section in order
for the States to make available any additional State and local assistance to the
individuals and households.
(g) Cost Sharing
(1) Federal Share - Except as provided in paragraph (2), the Federal share of the
costs eligible to be paid using assistance provided under this section shall be
100 percent.
43
STAFFORD ACT > TITLE IV > §§ 408, 410
(2) Financial Assistance to Address Other Needs - In the case of financial assistance
provided under subsection (e) of this section -
(A) the Federal share shall be 75 percent; and
(B) the non-Federal share shall be paid from funds made available by the
State.
(h) Maximum Amount of Assistance
(1) In General - No individual or household shall receive financial assistance
greater than $25,000 under this section with respect to a single major
disaster.
(2) Adjustment of Limit - The limit established under paragraph (1) shall be
adjusted annually to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Department of Labor.
(i) Verification Measures - In carrying out this section, the President shall develop a
system, including an electronic database, that shall allow the President, or the
designee of the President, to
(1) verify the identity and address of recipients of assistance under this section to
provide reasonable assurance that payments are made only to an individual
or household that is eligible for such assistance;
(2) minimize the risk of making duplicative payments or payments for fraudulent
claims under this section;
(3) collect any duplicate payment on a claim under this section, or reduce the
amount of subsequent payments to 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 assistance 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.
Sec. 410. Unemployment Assistance (42 U.S.C. 5177)
(a) Benefit Assistance - The President is authorized to provide to any individual
unemployed as a result of a major disaster such benefit assistance as he deems
appropriate while such individual is unemployed for the weeks of such
unemployment with respect to which the individual is not entitled to any other
unemployment compensation (as that term is defined in section 85(b) of title
44
STAFFORD ACT > TITLE IV > § 410, 42 U.S.C. § 5177a
26)23 or a waiting period credit. Such assistance as the President shall provide shall
be available to an individual as long as the individual’s unemployment caused by
the major disaster continues or until the individual is reemployed in a suitable
position, but no longer than 26 weeks after the major disaster is declared. Such
assistance for a week of unemployment shall not exceed the maximum weekly
amount authorized under the unemployment compensation law of the State in
which the disaster occurred. The President is directed to provide such assistance
through agreements with States which, in his judgment, have an adequate system
for administering such assistance through existing State agencies.
(b) Reemployment Assistance
(1) State Assistance - A State shall provide, without reimbursement from any
funds provided under this Act, reemployment assistance services under any
other law administered by the State to individuals receiving benefits under
this section.
(2) Federal Assistance - The President may provide reemployment assistance
services under other laws to individuals who are unemployed as a result
of a major disaster and who reside in a State which does not provide such
services.
Emergency Grants to Assist Low-Income Migrant and Seasonal Farmworkers
(42 U.S.C. 5177a)24
(a) In General - The Secretary of Agriculture may make grants to public agencies or
private organizations with tax exempt status under section 501(c)(3) of title
26, that have experience in providing emergency services to low-income migrant
and seasonal farmworkers where the Secretary determines that a local, State
or national emergency or disaster has caused low-income migrant or seasonal
farmworkers to lose income, to be unable to work, or to stay home or return
home in anticipation of work shortages. Emergency services to be provided with
assistance received under this section may include such types of assistance as the
Secretary of Agriculture determines to be necessary and appropriate.
(b) “Low-Income Migrant or Seasonal Farmworker” Defined - For the purposes of
this section, the term “low-income migrant or seasonal farmworker” means an
individual
(1) who has, during any consecutive 12 month period within the preceding 24
month period, performed farm work for wages;
(2) who has received not less than one-half of such individual’s total income, or
been employed at least one-half of total work time in farm work; and
(3) whose annual family income within the 12 month period referred to in
paragraph (1) does not exceed the higher of the poverty level or 70 percent
of the lower living standard income level.
23. The Internal Revenue Code of 1986.
24. This section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990,
and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
45
STAFFORD ACT > TITLE IV > §§ 412-414
(c) Authorization of Appropriations - There are authorized to be appropriated such
sums as may be necessary to carry out this section.
Sec. 412. Benefits and Distribution (42 U.S.C. 5179)
(a) P ersons Eligible; Terms and Conditions - Whenever the President determines that,
as a result of a major disaster, low-income households are unable to purchase
adequate amounts of nutritious food, he is authorized, under such terms and
conditions as he may prescribe, to distribute through the Secretary of Agriculture
or other appropriate agencies benefit allotments to such households pursuant to
the provisions of the Food and Nutrition Act of 2008 of 196425 (P.L. 91-671; 84
Stat. 2048) [7 U.S.C. 2011 et seq.] and to make surplus commodities available
pursuant to the provisions of this Act.
(b) Duration of Assistance; Factors Considered - 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 consideration such factors as
he deems appropriate, including the consequences of the major disaster on the
earning power of the households, to which assistance is made available under this
section.
(c) Food and Nutrition Act Provisions Unaffected - Nothing in this section shall be
construed as amending or otherwise changing the provisions of the Food and
Nutrition Act of 2008 of 196426 [7 U.S.C. 2011 et seq.] except as they relate to
the availability of supplemental nutrition assistance program benefits in an area
affected by a major disaster.
Sec. 413. Food Commodities (42 U.S.C. 5180)
(a) Emergency Mass Feeding - The President is authorized and directed to assure that
adequate stocks of food will be ready and conveniently available for emergency
mass feeding or distribution in any area of the United States which suffers a major
disaster or emergency.
(b) Funds for Purchase of Food Commodities - The Secretary of Agriculture shall utilize
funds appropriated under section 612c of title 7, to purchase food commodities
necessary to provide adequate supplies for use in any area of the United States in
the event of a major disaster or emergency in such area.
Sec. 414. Relocation Assistance (42 U.S.C. 5181)
Notwithstanding any other provision of law, no person otherwise eligible for any kind
of replacement housing payment under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) [42 U.S.C. 4601 et seq.] shall
be denied such eligibility as a result of his being unable, because of a major disaster as
determined by the President, to meet the occupancy requirements set by such Act.
25. Typographical error in original.
26. Typographical error in original.
46
STAFFORD ACT > TITLE IV > §§ 415-417
Sec. 415. Legal Services (42 U.S.C. 5182)
Whenever the President determines that low-income individuals are unable to secure
legal services adequate to meet their needs as a consequence of a major disaster,
consistent with the goals of the programs authorized by this Act, the President shall
assure that such programs are conducted with the advice and assistance of appropriate
Federal agencies and State and local bar associations.
Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183)
The President is authorized to provide professional counseling services, including
financial assistance to State or local agencies or private mental health organizations to
provide such services or training of disaster workers, to victims of major disasters in
order to relieve mental health problems caused or aggravated by such major disaster
or its aftermath.
Sec. 417. Community Disaster Loans (42 U.S.C. 5184)
(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 perform
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 occurs, and shall not exceed
$5,000,000; or
(2) if the loss of tax and other revenues of the local government as a result of the
major disaster is at least 75 percent of the annual operating budget of that
local government for the 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 government, including additional disaster-related expenses of a
municipal operation character shall be cancelled.
(2) Condition on Continuing Eligibility - A local government shall not be eligible
for further assistance under this section during any period in which the local
government is in arrears with respect to a required repayment of a loan under
this section.
(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.
47
STAFFORD ACT > TITLE IV > §§ 418-421
Sec. 418. Emergency Communications (42 U.S.C. 5185)
The President is authorized during, or in anticipation of, an emergency or major disaster
to establish temporary communications systems and to make such communications
available to State and local government officials and other persons as he deems
appropriate.
Sec. 419. Emergency Public Transportation (42 U.S.C. 5186)
The President is authorized to provide temporary public transportation service in an area
affected by a major disaster to meet emergency needs and to provide transportation to
governmental offices, supply centers, stores, post offices, schools, major employment
centers, and such other places as may be necessary in order to enable the community to
resume its normal pattern of life as soon as possible.
Sec. 420. Fire Management Assistance (42 U.S.C. 5187)
(a) In General - The President is authorized to provide assistance, including grants,
equipment, supplies, and personnel, to any State or local government for the
mitigation, management, and control of any 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 President shall coordinate with State and tribal departments
of forestry.
(c) E ssential Assistance - In providing assistance under this section, the President may
use the authority provided under section 5170b of this title [Section 403].
(d) Rules and Regulations - The President shall prescribe such rules and regulations as
are necessary to carry out this section.
Sec. 421. Timber Sale Contracts (42 U.S.C. 5188)
(a) Cost-sharing Arrangement - Where an existing timber sale contract between the
Secretary of Agriculture or the Secretary of the Interior and a timber purchaser
does not provide relief from major physical change not due to negligence of the
purchaser prior to approval of construction of any section of specified road or
of any other specified development facility and, as a result of a major disaster, a
major physical change results in additional construction work in connection with
such road or facility by such purchaser with an estimated cost, as determined by
the appropriate Secretary, (1) of more than $ 1,000 for sales under one million
board feet, (2) of more than $1 per thousand board feet for sales of one to three
million board feet, or (3) of more than $3,000 for sales over three million board
feet, such increased construction cost shall be borne by the United States.
(b) Cancellation of Authority - If the appropriate Secretary determines that damages
are so great that restoration, reconstruction, or construction is not practical under
the cost-sharing arrangement authorized by subsection (a) of this section, he may
allow cancellation of a contract entered into by his Department notwithstanding
contrary provisions therein.
48
STAFFORD ACT > TITLE IV > §§ 421-422
(c) Public Notice of Sale - The Secretary of Agriculture is authorized to reduce to seven
days the minimum period of advance public notice required by section 476 of
title 1627 in connection with the sale of timber from national forests, whenever the
Secretary determines that (1) the sale of such timber will assist in the construction
of any area of a State damaged by a major disaster, (2) the sale of such timber
will assist in sustaining the economy of such area, or (3) the sale of such timber
is necessary to salvage the value of timber damaged in such major disaster or to
protect undamaged timber.
(d) State Grants for Removal of Damaged Timber; Reimbursement of Expenses Limited
to Salvage Value of Removed Timber - The President, when he determines it to be
in the public interest, is authorized to make grants to any State or local government
for the purpose of removing from privately owned lands timber damaged as
a result of a major disaster, and such State or local government is authorized
upon application, to make payments out of such grants to any person for
reimbursement of expenses actually incurred by such person in the removal of
damaged timber, not to exceed the amount that such expenses exceed the salvage
value of such timber.
Sec. 422. Simplified Procedure (42 U.S.C. 5189)*
(a) In General - If the Federal estimate of the cost of
(1) Repairing, restoring, reconstructing, or replacing under section 5172 of
this title [Section 406] any damaged or destroyed public facility or private
nonprofit facility,
(2) emergency assistance under section 5170b or 5192 of this title [Section 403
or 502], or
(3) debris removed under section 5173 of this title [Section 407],
is less than $35,000 (or, if the Administrator has established a threshold under
subsection (b), the amount established under subsection (b)), the President (on
application of the State or local government or the owner or operator of the private
nonprofit facility) may make the contribution to such State or local government or
owner or operator under section 5170b, 5172, 5173, or 5192 of this title [Section
403, 406, 407, or 502], as the case may be, on the basis of such Federal estimate.
Such $35,000 amount or, if applicable, the amount established under subsection
(b), shall be adjusted annually to 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 January 29, 2013, the President, acting
through the Administrator of the Federal Emergency Management Agency
(in this section referred to as the “Administrator”), shall –
(A) complete an analysis to determine whether an increase in the threshold
or eligibility under subsection (a) is appropriate, which shall include
27. Section 476 of title 16 was repealed by Pub. L. 94-588, § 13, Oct. 22, 1976, 90 Stat. 2958.
49
STAFFORD ACT > TITLE IV > §§ 422-425
consideration of cost-effectiveness, 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 Affairs of the Senate a report regarding the analysis
conducted 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 count, without regard to chapter 5 of title 5; and
(B) adjust the threshold annually to reflect changes in the Consumer Price
Index for all Urban Consumers published by the Department of Labor.
(3) Review - 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, acting through the Administrator, shall review the threshold for
eligibility under this section.
Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a)*
(a) Right of Appeal - Any decision regarding eligibility for, from, or amount of
assistance under this title may be appealed within 60 days after the date on which
the applicant for such assistance is notified of the award or denial of award of such
assistance.
(b) Period for Decision - A decision regarding an appeal under subsection (a) of this
section shall be rendered within 90 days after the date on which the Federal official
designated to administer such appeals receives notice of such appeal.
(c) Rules - The President shall issue rules which provide for the fair and impartial
consideration of appeals under this section.
The Sandy Recovery Improvement Act of 2013 enacted a “Dispute Resolution Pilot Program” set out as a
note under section 423 (42 U.S.C. 5189a). For the full text of this note, see page 79.
Sec. 424. Date of Eligibility; Expenses Incurred Before Date of Disaster
(42 U.S.C. 5189b)
Eligibility for Federal assistance under this title shall begin on the date of the occurrence
of the event which results in a declaration by the President that a major disaster exists;
except that reasonable expenses which are incurred in anticipation of and immediately
preceding such event may be eligible for Federal assistance under this Act.
Sec. 425. T ransportation Assistance to Individuals and Households
(42 U.S.C. 5189c)
The President may provide transportation assistance to relocate individuals displaced
50
STAFFORD ACT > TITLE IV > §§ 426-427
from their predisaster primary residences as a result of an incident declared under this
Act or otherwise transported from their predisaster primary residences under section
5170b(a)(3) or 5192 of this title [Sections 403(a)(3) or 502], to and from alternative
locations for short or long-term accommodation or to return an individual or household
to their predisaster primary residence or alternative location, as determined necessary
by the President.
Sec. 426. Case Management Services (42 U.S.C. 5189d)
The President may provide case management services, including financial assistance, to
State or local government agencies or qualified private organizations to provide such
services, to victims of major disasters to identify and address unmet needs.
Sec. 427. Essential Service Providers (42 U.S.C. 5189e)*28
(a) Definition - In this section, the term “essential service provider” means an entity
that
(1) provides -
(A) telecommunications service;
(B) electrical power;
(C) natural gas;
(D) water and sewer services; or
(E) any other essential service, as determined by the President;
(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 circumstances apply, in an
emergency or major disaster, the head of a Federal agency, to the greatest extent
practicable, shall not
(1) deny or impede access to the disaster site to an essential service provider
whose access is necessary to restore and repair an essential service; or
(2) impede the restoration or repair of the services described in subsection
(a)(1).
28. Formerly labeled § 425, as added Pub. L. 109-347, title VI, § 607, Oct. 13, 2006, 120 Stat. 1941;
renumbered § 427, Pub. L. 113-2, div. B, § 1102(1), Jan. 29, 2013, 127 Stat. 39. This was the only
change to this section made by the Sandy Recovery Improvement Act of 2013.
51
STAFFORD ACT > TITLE IV > § 428
(c) I mplementation - In implementing this section, the head of a Federal agency shall
follow all applicable Federal laws, regulation, and policies.
Sec. 428. Public Assistance Program Alternative Procedures (42 U.S.C. 5189f)*
(a) A
pproval 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 January 29, 2013. The Administrator may also apply the
alternate procedures adopted under this section to a major disaster or emergency
declared before enactment of this Act for which construction has not begun as of
the date of enactment of this Act.29
(b) A
doption - 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
5170b(a)(3)(A), 5172, 5173, and 5192(a)(5) of this title [Sections 403(a)(3)(A),
406, 407, and 502(a)(5)].
(c) G
oals of Procedures - The alternative procedures adopted under subsection (a)
shall further the goals of
(1) reducing the costs to the Federal Government of providing such assistance;
(2) increasing flexibility in the administration of such assistance;
(3) expediting the provision of such assistance to a State, 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 private nonprofit facility for the
timely and cost-effective completion of projects with such assistance.
(d) P articipation - Participation in the alternative procedures adopted under this
section shall be at the election of a State, tribal or local government, or owner or
operator of a private nonprofit facility consistent with procedures determined by
the Administrator.
(e) Minimum Procedures - The alternative procedures adopted under this section shall
include the following:
(1) F or repair, restoration, and replacement of damaged facilities under section
5172 of this title [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 government, or owner
29. This probably means the date of enactment of Pub. L. 113-2, enacted and approved on Jan. 29,
2013.
52
STAFFORD ACT > TITLE IV > § 428
or operator of a private nonprofit facility to elect to receive an in-lieu
contribution, without reduction, on the basis of estimates of
(i) the cost of repair, restoration, reconstruction, or replacement
of a public facility owned or controlled by the State, tribal or
local government or owner or operator of a private nonprofit
facility; and
(ii) management expenses;
(C) consolidating, to the extent determined appropriate by the Administrator,
the facilities of a State, tribal, or local government, or owner or operator
of a private nonprofit 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 Assistance operations
or planning;
(E) in determining eligible costs under section 5172 of this title [Section
406], the Administrator shall make available, at an applicant’s request
and where the Administrator or the certified cost estimate prepared by
the applicant’s professionally licensed engineers has estimated an eligible
Federal share for a project of at least $5,000,000, an independent expert
panel to validate the estimated eligible cost consistent with applicable
regulations and policies implementing this section; and
(F) in determining eligible costs under section 5172 of this title [Section
406], the Administrator shall, at the applicant’s request, consider properly
conducted and 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.
(2) For debris removal under sections 5170b(a)(3)(A), 5173, and 5192(a)(5)
of this title [Sections 403(a)(3)(A), 407, and 502(a)(5)] -
(A) making grants on the basis of fixed estimates to provide financial
incentives and disincentives for the timely 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;
53
STAFFORD ACT > TITLE IV > § 428
(C) allowing use of program income from recycled debris without offset to
the grant amount;
(D) reimbursing base and overtime wages for employees and extra hires of
a State, tribal or local government, or owner or operator of a private
nonprofit facility performing or administering debris and wreckage
removal;
(E) providing incentives to a State or tribal government to have a debris
management plan approved by the Administrator and have pre-qualified
1 or more debris and wreckage removal contractors before the date of
declaration of the major disaster; and
(F) if the actual costs of projects under subparagraph (A) are less than the
estimated costs of the project, the Administrator may permit a grantee
or subgrantee to use all or part of the excess funds for -
(i) debris management planning;
(ii) acquisition of debris management equipment for current or future
use; and
(iii) other activities to improve future debris removal operations, as
determined by the Administrator.
(f) Waiver Authority - Until such time as the Administrator promulgates regulations
to implement this section, the Administrator may
(1) waive notice and comment rulemaking, if the Administrator determines the
waiver is necessary to expeditiously implement this section; and
(2) carry out the alternative procedures under this section as a pilot program.
(g) Overtime Payments - 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 January
29, 2013, the Inspector General of the Department of Homeland Security
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the alternative procedures for the
repair, restoration, and replacement of damaged facilties under section 5172
of this title [Section 406] authorized under this section.
(2) Contents - The report shall contain an assessment of the effectiveness of the
alternative procedures, including -
(A) whether the alternative procedures helped to improve the general speed
of disaster recovery;
(B) the accuracy of the estimates relied upon;
54
STAFFORD ACT > TITLE IV > § 429
(C) whether the financial incentives and disincentives were effective;
(D) whether the alternative procedures were cost effective;
(E) whether the independent expert panel described in subsection (e)(1)(E)
was effective; and
(F) recommendations for whether the alternative procedures should be
continued and any recommendations for changes to the alternative
procedures.
Sec. 429. Unified Federal Review (42 U.S.C. 5189g)*
(a) In General - Not later than 18 months after January 29, 2013, and in consultation
with the Council on Environmental Quality and the Advisory Council on Historic
Preservation, the President shall establish an expedited and unified interagency
review process to ensure compliance with environmental and historic requirements
under Federal law relating to disaster recovery projects, in order to expedite the
recovery process, consistent with applicable law.
(b) Contents - The review process established under this section shall include
mechanisms to expeditiously address delays that may occur during the
recovery from a major disaster and be updated, as appropriate, consistent with a
applicable law.
55
STAFFORD ACT > TITLE V > § 501
Title V -- Emergency Assistance Programs
Sec. 501. Procedure for Declaration (42 U.S.C. 5191)*
(a) Request and Declaration - All requests for a declaration by the President that an
emergency exists shall be made by the Governor of the affected State. Such a request
shall be based on a finding that the situation is of such severity and magnitude
that effective response is beyond the capabilities of the State and the affected local
governments and that Federal assistance is necessary. As a part of such request, and
as a prerequisite to emergency assistance under this 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 alleviate the emergency, and will
define the type and extent of Federal aid required. Based upon such Governor’s
request, the President may declare that an emergency exists.
(b) Certain Emergencies Involving Federal Primary Responsibility - The President may
exercise any authority vested in him by section 5192 of this title or section 5193 of
this title [Sections 502 or 503] with respect to an emergency when he determines
that an emergency exists for which the primary responsibility for response rests
with the United States because the emergency involves a subject area for which,
under the Constitution or laws of the United States, the United States exercises
exclusive or preeminent responsibility and authority. In determining whether or
not such an emergency exists, the President shall consult the Governor of any
affected State, if practicable. The President’s determination may be made without
regard to subsection (a) of this section.
(c) Indian Tribal Government Requests
(1) In General - The Chief Executive of an affected Indian tribal government may
submit a request for a declaration by the President that an emergency exists
consistent with the requirements of subsection (a).
(2) References - In implementing assistance authorized by the President under
this subchapter in response to a request of the Chief Executive of an affected
Indian tribal government for an emergency declaration, any reference in this
subchapter or subchapter III (except sections 5153 and 5165d of this title
[Sections 310 and 326]) to a State or the Governor of a State is deemed to
refer to an affected Indian tribal government or the Chief Executive of an
affected Indian tribal government, as appropriate.
(3) Savings Provision - Nothing in this subsection shall prohibit an Indian tribal
government from receving assistance under this subchapter through a
declaration made by the President at the request of a State under subsection
(a) if the President does not make a declaration under this subsection for the
same incident.
56
STAFFORD ACT > TITLE V > § 502
Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192)
(a) Specified - In any emergency, the President may
(1) direct any Federal agency, with or without reimbursement, to utilize its
authorities and the resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, and managerial, technical and
advisory services) in support of State and local emergency assistance efforts
to save lives, protect property and public health and safety, and lessen or
avert the threat of a catastrophe, including precautionary evacuations;
(2) coordinate all disaster relief assistance (including voluntary assistance)
provided by Federal agencies, private organizations, and State and local
governments;
(3) provide technical and advisory assistance to affected State and local
governments for -
(A) the performance of essential community services;
(B) issuance of warnings of risks or hazards;
(C) public health and safety information, including dissemination of such
information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of immediate threats to public
health and safety;
(4) provide emergency assistance through Federal agencies;
(5) remove debris in accordance with the terms and conditions of section 5173
of this title [Section 407];
(6) provide assistance in accordance with section 5174 of this title [Section
408];
(7) assist State and local governments in the distribution of medicine, food, and
other consumable supplies, and emergency assistance; and
(8) provide accelerated Federal assistance and Federal support where necessary
to save lives, prevent human suffering, or mitigate severe damage, which
may be provided in the absence 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 assistance or support is provided; and
(B) shall not, in notifying and coordinating with a State under subparagraph
(A), delay or impede the rapid deployment, use, and distribution of
critical resources to victims of an emergency.
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STAFFORD ACT > TITLE V > § 503
(b) General - Whenever the Federal assistance provided under subsection (a) of this
section with respect to an emergency is inadequate, the President may also provide
assistance with respect to efforts to save lives, protect property and public health
and safety, and lessen or avert the threat of a catastrophe, 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
assistance available to affected States and the circumstances under which such
requests are likely to be approved.
Sec. 503. Amount of Assistance (42 U.S.C. 5193)
(a) Federal Share - The Federal share for assistance provided under this title shall be
equal to not less than 75 percent of the eligible costs.
(b) Limit on Amount of Assistance –
(1) In General - Except as provided in paragraph (2), total assistance provided
under this title for a single emergency shall not exceed $5,000,000.
(2) Additional Assistance - The limitation described in paragraph (1) may be
exceeded when the President determines that -
(A) continued emergency assistance is immediately required;
(B) there is a continuing and immediate risk to lives, property, public health
or safety; and
(C) necessary assistance will not otherwise be provided on a timely basis.
(3) Report - Whenever the limitation described in paragraph (1) is exceeded, the
President shall report to the Congress on the nature and extent of emergency
assistance requirements and shall propose additional legislation if necessary.
58
STAFFORD ACT > TITLE VI > §§ 601-602
Title VI -- Emergency Preparedness
Sec. 601. Declaration of policy (42 U.S.C. 5195)
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 preparedness jointly in the Federal Government and the
States and their political subdivisions. The Congress recognizes that the organizational
structure established jointly by the Federal Government and the States and their political
subdivisions for emergency preparedness purposes can be effectively utilized to provide
relief and assistance to people in areas of the United States struck by a hazard. The
Federal Government shall provide necessary direction, coordination, and guidance, and
shall provide necessary assistance, as authorized in this title so that a comprehensive
emergency preparedness system exists for all hazards.
Sec. 602. Definitions (42 U.S.C. 5195a)
(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 eruption, landslide, mudslide, snowstorm, drought, fire, or other
catastrophe in any part of the United States which causes, or which may
cause, substantial damage or injury to civilian property or persons.
(3) Emergency Preparedness - The term “emergency preparedness” means all
those activities and measures designed or undertaken to prepare for or
minimize the effects of a hazard upon the civilian population, to deal with
the immediate emergency conditions which would be created by the hazard,
and to effectuate emergency repairs to, or the emergency restoration of,
vital utilities and facilities destroyed or damaged by the hazard. Such term
includes the following:
(A) Measures to be undertaken in preparation for anticipated hazards
(including the establishment of appropriate organizations, operational
plans, and supporting agreements, the recruitment and training of
personnel, the conduct of research, the procurement and stockpiling
of necessary materials and supplies, the provision of suitable warning
systems, the construction or preparation of shelters, shelter areas, and
control centers, and, when appropriate, the non-military evacuation of
the civilian population).
(B) Measures to be undertaken during a hazard (including the enforcement
59
STAFFORD ACT > TITLE VI > §§ 602-603
of passive defense regulations prescribed by duly established military
or civil authorities, the evacuation of personnel to shelter areas, the
control of traffic and panic, and the control and use of lighting and civil
communications).
(C) Measures to be undertaken following a hazard (including activities for
fire fighting, rescue, emergency medical, health and sanitation services,
monitoring for specific dangers of special weapons, unexploded bomb
reconnaissance, essential debris clearance, emergency welfare measures,
and immediately essential emergency repair or restoration of damaged
vital facilities).
(4) Organizational Equipment - The term “organizational equipment” means
equipment determined by the Administrator to be necessary to an emergency
preparedness organization, as distinguished from personal equipment, and
of such a type or nature as to require it to be financed in whole or in part by
the Federal Government. Such term does not include those items which the
local community normally uses in combating local disasters, except when
required in unusual quantities dictated by the requirements of the emergency
preparedness plans.
(5) Materials - The term “materials” includes raw materials, supplies, medicines,
equipment, component parts and technical information and processes
necessary for emergency preparedness.
(6) Facilities - The term “facilities”, except as otherwise provided in this 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” includes30
the several States, the District of Columbia , and territories and possessions of
the United States.
(10) State - The term “State” includes interstate emergency preparedness
authorities established under section 5196(h) of this title [Section 611(h)].
(b) Cross Reference - The terms “national defense” and “defense”, as used in the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), includes31
emergency preparedness activities conducted pursuant to this title.
Sec. 603. Administration of Title (42 U.S.C. 5195b)
This title shall be carried out by the Administrator of the Federal Emergency Management
Agency.
30. Typographical error in original; should probably be “include.”
31. Typographical error in original; should probably be “include.”
60
STAFFORD ACT > TITLE VI > 42 U.S.C. § 5195c
Critical Infrastructures Protection (42 U.S.C. 5195c)32
(a) Short Title - This section may be cited as the “Critical Infrastructures Protection
Act of 2001”.
(b) Findings - Congress makes the following findings:
(1) The information revolution has transformed the conduct of business and the
operations of government as well as the infrastructure relied upon for the
defense and national security of the United States.
(2) Private business, government, and the national security apparatus increasingly
depend on an interdependent network of critical physical and information
infrastructures, including telecommunications, energy, financial services,
water, and transportation sectors.
(3) A continuous national effort is required to ensure the reliable provision of
cyber and physical infrastructure services critical to maintaining the national
defense, continuity of government, economic prosperity, and quality of life
in the United States.
(4) This national effort requires extensive modeling and analytic capabilities
for purposes of evaluating appropriate mechanisms to ensure the stability
of these complex and interdependent systems, and to underpin policy
recommendations, so as to achieve the continuous viability and adequate
protection of the critical infrastructure of the Nation.
(c) Policy of the United States - It is the policy of the United States
(1) that any physical or virtual disruption of the operation of the critical
infrastructure of the United States be rare, brief, geographically limited in
effect, manageable, and minimally detrimental to the economy, human and
government services, and national security of the United States;
(2) that actions necessary to achieve the policy stated in paragraph (1) be carried
out in a public-private partnership involving corporate and non-governmental
organizations; and
(3) to have in place a comprehensive and effective program to ensure the continuity
of essential Federal Government functions under all circumstances.
(d) Establishment of National Competence for Critical Infrastructure Protection
(1) Support of Critical Infrastructure Protection and Continuity by National
Infrastructure Simulation and Analysis Center - There shall be established the
National Infrastructure Simulation and Analysis Center (NISAC) to serve as
a source of national competence to address critical infrastructure protection
and continuity through support for activities related to counterterrorism,
threat assessment, and risk mitigation.
32. This section was enacted as the Critical Infrastructures Protection Act of 2001 and also as part of
the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act which comprises this chapter.
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STAFFORD ACT > TITLE VI > 42 U.S.C. § 5195c, § 611
(2) Particular Support - The support provided under paragraph (1) shall include
the following:
(A) Modeling, simulation, and analysis of the systems comprising critical
infrastructures, including cyber infrastructure, telecommunications
infrastructure, and physical infrastructure, in order to enhance
understanding of the large-scale complexity of such systems and to
facilitate modification of such systems to mitigate the threats to such
systems and to critical infrastructure generally.
(B) Acquisition from State and local governments and the private sector of
data necessary to create and maintain models of such systems and of
critical infrastructures generally.
(C) Utilization of modeling, simulation, and analysis under subparagraph
(A) to provide education and training to policymakers on matters
relating to -
(i) the analysis conducted under that subparagraph;
(ii) the implications of unintended or unintentional disturbances to
critical infrastructures; and
(iii) responses to incidents or crises involving critical infrastructures,
including the continuity of government and private sector activities
through and after such incidents or crises.
(D) Utilization of modeling, simulation, and analysis under subparagraph
(A) to provide recommendations to policymakers, and to departments
and agencies of the Federal Government and private sector persons and
entities upon request, regarding means of enhancing the stability of,
and preserving, critical infrastructures.
(3) Recipient of Certain Support - Modeling, simulation, and analysis provided
under this subsection shall be provided, in particular, to relevant Federal,
State, and local entities responsible for critical infrastructure protection
and policy.
(e) Critical Infrastructure Defined - In this section, the term “critical infrastructure”
means systems and assets, whether physical or virtual, so vital to the United
States that the incapacity or destruction of such systems and assets would have a
debilitating impact on security, national economic security, national public health
or safety, or any combination of those matters.
(f) Authorization of appropriations - There is hereby authorized for the Department
of Defense for fiscal year 2002, $20,000,000 for the Defense Threat Reduction
Agency for activities of the National Infrastructure Simulation and Analysis Center
under this section in that fiscal year.
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STAFFORD ACT > TITLE VI > § 611
SUBTITLE A – POWERS AND DUTIES
Sec. 611. Detailed Functions of Administration (42 U.S.C. 5196)
(a) In General - In order to carry out the policy described in section 5195 of this
title [Section 601], the Administrator shall have the authorities provided in this
section.
(b) F ederal Emergency Response Plans and Programs - The Administrator may prepare
Federal response plans and programs for the emergency preparedness of the
United States and sponsor and direct such plans and programs. To prepare such
plans and programs and coordinate such plans and programs with State 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) D
elegation of Emergency Preparedness Responsibilities - With the approval of the
President, the Administrator may delegate to other departments and agencies of
the Federal Government appropriate emergency preparedness responsibilities and
review and coordinate the emergency preparedness activities of the departments
and agencies with each other and with the activities of the States and neighboring
countries.
(d) Communications and Warnings - The Administrator may make appropriate provision
for necessary emergency preparedness communications and for dissemination of
warnings to the civilian population of a hazard.
(e) E mergency 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 requirements; and
(4) plans that take into account the needs of individuals with pets and service
animals prior to, during, and following a major disaster or emergency.
(f) Training Programs
(1) The Administrator may -
(A) conduct or arrange, by contract or otherwise, for training programs
for the instruction of emergency preparedness officials and other
persons in the organization, operation, and techniques of emergency
preparedness;
(B) conduct or operate schools or including the payment of travel expenses,
in accordance with subchapter I of chapter 57 of title 5 and the
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STAFFORD ACT > TITLE VI > § 611
Standardized Government Travel Regulations, and per diem allowances,
in lieu of subsistence for trainees in attendance or the furnishing of
subsistence and quarters for trainees and instructors on terms prescribed
by the Administrator; and
(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 subsection shall include a
provision that such payment shall not exceed 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 Information - The Administrator may
publicly disseminate appropriate emergency preparedness information by all
appropriate means.
(h) Emergency Preparedness Compacts
(1) The Administrator shall establish a program supporting the development
of emergency preparedness compacts for acts of terrorism, disasters, and
emergencies throughout the Nation, by -
(A) identifying and cataloging existing emergency preparedness compacts
for acts of terrorism, disasters, and emergencies at the State and local
levels of government;
(B) disseminating to State and local governments examples of best practices
in the development of emergency preparedness compacts and models
of existing emergency preparedness compacts, including agreements
involving interstate jurisdictions; and
(C) completing an inventory of Federal response capabilities 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 compacts in order
to assist, to the extent feasible, in obtaining uniformity between such
compacts and consistency with Federal emergency response plans and
programs;
(C) assist and coordinate the activities under such compacts; and
(D) aid and assist in encouraging reciprocal emergency preparedness
legislation by the States which will permit the furnishing of mutual aid
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STAFFORD ACT > TITLE VI > § 611
for emergency preparedness purposes in the event of a hazard which
cannot be adequately met or controlled by a State or political subdivision
thereof threatened with or experiencing a hazard.
(3) A copy of each interstate emergency preparedness compact shall be
transmitted promptly to the Senate and the House of Representatives. The
consent of Congress is deemed to be granted to each such compact upon the
expiration of the 60-day period beginning on the date on which the compact
is transmitted to Congress.
(4) Nothing in this subsection shall be construed as preventing Congress from
disapproving, or withdrawing at any time its consent to, any interstate
emergency preparedness compact.
(i) Materials and Facilities
(1) The Administrator may procure by condemnation or otherwise, construct,
lease, transport, store, maintain, renovate or distribute materials and facilities
for emergency preparedness, with the right to take immediate possession
thereof.
(2) Facilities acquired by purchase, donation, or other means of transfer may
be occupied, used, and improved for the purposes of this title before the
approval of title by the Attorney General as required by sections 3111 and
3112 of title 40 .
(3) 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
preparedness purposes, including the procurement, construction, leasing, or
renovating of materials and facilities. Such contributions shall be made on
such terms or conditions as the Administrator shall prescribe, including the
method of purchase, the quantity, quality, or specifications of the materials or
facilities, and such other factors or care or treatment to assure the uniformity,
availability, and good condition of such materials or facilities.
(2) The Administrator may make financial contributions, on the basis of programs
or projects approved by the Administrator, to the States and local authorities
for animal emergency preparedness purposes, including the procurement,
construction, leasing, or renovating of emergency shelter facilities and
materials that will accommodate people with pets and service animals.
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STAFFORD ACT > TITLE VI > § 611
(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 Administrator to each State
for organizational equipment shall be equally matched by such State from
any source it determines is consistent with its laws.
(5) Financial contributions to the States for shelters and other protective facilities
shall be determined by taking the amount of funds appropriated or available
to the Administrator for such facilities in each 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 Administrator to each State
for such shelters and protective facilities shall be equally matched by such
State from any source it determines is consistent with its laws and, if not
matched within a reasonable time, the Administrator may reallocate such
amounts to other States under the formula described in paragraph (4).33 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 completion it will, in the judgment of the Administrator, be capable
of producing sufficient revenue to provide reasonable assurance of the
retirement or repayment of such cost; except that (subject to the preceding
provisions of this subsection) the Administrator may make a contribution to
any State toward that portion of the cost of the construction, reconstruction,
or enlargement of any facility which the Administrator determines to be
directly attributable to the incorporation in such facility of any feature of
construction or design not necessary for the principal intended purpose
thereof but which is, in the judgment of the Administrator necessary for the
use of such facility for emergency preparedness purposes.
(8) 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 subcontractors in
the performance of construction work financed with the assistance of
any contribution of Federal funds made by the Administrator under this
33. This was redesignated paragraph (5) by Pub. L. 109-308, § 3(2), Oct. 6, 2006, 120 Stat. 1725.
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STAFFORD ACT > TITLE VI > §§ 612-613
subsection shall be paid wages at rates not less than those prevailing on
similar construction in the locality as determined by the Secretary of Labor
in accordance with sections 3141-3144, 3146, and 3147 of title 40, and
every such employee shall receive compensation at a rate not less than one
and 1/2 times the basic rate of pay of the employee for all hours worked in
any workweek in excess of eight hours in any workday or 40 hours in the
workweek, as the case may be. 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 3145 of title 40.
(k) Sale or Disposal of Certain Materials and Facilities - The Administrator may arrange
for the sale or disposal of materials and facilities found by the Administrator to
be unnecessary or unsuitable for emergency preparedness purposes in the same
manner as provided for excess property under chapters 1 to 11 of title 40 and
division C (except sections 3302, 3307(e), 3501(b), 3509, 4710, and 4711)
of subtitle I of title 41. Any funds received as proceeds from the sale or other
disposition of such materials and facilities shall be deposited into the Treasury as
miscellaneous receipts.
Sec. 612. Mutual Aid Pacts Between States and Neighboring Countries
(42 U.S.C. 5196a)
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.
Sec. 613. Contributions for Personnel and Administrative Expenses
(42 U.S.C. 5196b)
(a) General Authority - To further assist in carrying out the purposes of this title,
the Administrator may make financial contributions to the States (including
interstate emergency preparedness authorities established pursuant to section
5196(h) of this title [Section 611(h)]) for necessary and essential State and local
emergency preparedness personnel and administrative expenses, on the basis of
approved plans (which shall be consistent with the Federal emergency response
plans for emergency preparedness) for the emergency preparedness of the States.
The financial contributions to the States under this section may not exceed onehalf of the total cost of such necessary and essential State and local emergency
preparedness personnel and administrative expenses.
(b) Plan Requirements - A plan submitted under this section shall
(1) provide, pursuant to State law, that the plan shall be in effect in all political
subdivisions of the State and be mandatory on them and be administered or
supervised by a single State agency;
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STAFFORD ACT > TITLE VI > § 613
(2) provide that the State shall share the financial assistance with that provided by
the Federal Government under this section from any source determined by it
to be consistent with State law;
(3) provide for the development of State and local emergency preparedness
operational plans, including a catastrophic incident annex, pursuant to
standards approved by the Administrator;
(4) provide for the employment of a full-time emergency preparedness director,
or deputy director, by the State;
(5) provide that the State shall make such reports in such form and content as the
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 submitted 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 established under section
743 of title 6,34 the National Incident Management System, the National
Response Plan, and other related plans and strategies.
(2) Consultation - In developing a catastrophic incident annex submitted
under subsection (b)(3), a State shall consult with and seek appropriate
comments from local governments, emergency response providers, locally
governed multijurisdictional councils of government, and regional planning
commissions.
(d) Terms and Conditions - The Administrator shall establish such other terms and
conditions as the Administrator considers necessary and proper to carry out
this section.
(e) Application of Other Provisions - In carrying out this section, the provisions of
section35 5196(h) and 5197(h) of this title [Sections 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 regulations and the total sum appropriated
under this title, amounts to be made available to the States for the purposes of
this section. Regulations governing allocations to the States under this subsection
34. Section 643 of the Post-Katrina Emergency Management Reform Act of 2006.
35. Typographical error in original; should probably be “sections.”
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STAFFORD ACT > TITLE VI > §§ 613-615
shall give due regard to (1) the criticality of the areas which may be affected
by hazards with respect to the development of the total emergency preparedness
readiness of the United States, (2) the relative state of development of emergency
preparedness readiness of the State, (3) population, and (4) such other factors as
the 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 subdivision under this section shall be expended
solely for the purposes set forth in this section.
(g) Standards for State and Local Emergency Preparedness Operational Plans - In approving
standards for State and local emergency preparedness operational plans pursuant to
subsection (b)(3), the Administrator shall ensure that such plans take into account
the needs of individuals with household pets and service animals prior to, during,
and following a major disaster or emergency.
(h) Submission of Plan - If a State fails to submit a plan for approval as required by
this section within 60 days after the Administrator 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) Annual Reports - The Administrator shall report annually to the Congress all
contributions made pursuant to this section.36
Sec. 614. Grants for Construction of Emergency Operations Centers
(42 U.S.C. 5196c)
(a) Grants - The Administrator of the Federal Emergency Management Agency
may make grants to States under this subchapter for equipping, upgrading, and
constructing State and local emergency operations centers.
(b) Federal Share - Notwithstanding any other provision of this subchapter, the Federal
share of the cost of an activity carried out using amounts from grants made under
this section shall not exceed 75 percent.
Sec. 615. U
se of Funds to Prepare for and Respond to Hazards
(42 U.S.C. 5196d)
Funds made available to the States under this title may be used by the States for the
purposes of preparing for hazards and providing emergency assistance in response
to hazards. Regulations prescribed to carry out this section shall authorize the use of
emergency preparedness personnel, materials, and facilities supported in whole or in
part through contributions under this title for emergency preparedness activities and
measures related to hazards.
36. Typographical error in original; two sections “(h)” have been enacted.
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STAFFORD ACT > TITLE VI > 42 U.S.C. § 5196e, § 616
Radiological Emergency Preparedness Fund (42 U.S.C. 5196e)37
There is hereby established in the Treasury a Radiological Emergency Preparedness
Fund, which shall be available under the Atomic Energy Act of 1954 [42 U.S.C. 2011
et seq.], as amended, and Executive Order 12657, for offsite radiological emergency
planning, preparedness, and response. Beginning in fiscal year 1999 and thereafter, the
Administrator of the Federal Emergency Management Agency (FEMA) shall promulgate
through rulemaking fees to be assessed and collected, applicable to persons subject
to FEMA’s radiological emergency preparedness regulations. The aggregate charges
assessed pursuant to this section during fiscal year 1999 shall not be less than 100
percent of the amounts anticipated by FEMA necessary for its radiological emergency
preparedness program for such fiscal year. The methodology for assessment and
collection of fees shall be fair and equitable; and shall reflect costs of providing such
services, including administrative costs of collecting such fees. Fees received pursuant
to this section shall be deposited in the Fund as offsetting collections and will become
available for authorized purposes on October 1, 1999, and remain available until
expended.
Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f)
(a) In General - Consistent with section 5151(a) of this title [Section 308(a)], the
Administrator of Federal38 Emergency Management Agency shall
(1) identify, in coordination with State and local governments, 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 Administrator of Federal39
Emergency Management Agency shall define the size of a population group.
37. This section was enacted as part of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1999, and not as part of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act.
38. Typographical error in original; “the” should probably appear before “Federal.”
39. Typographical error in original; “the” should probably appear before “Federal.”
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STAFFORD ACT > TITLE VI > § 621
SUBTITLE B – GENERAL PROVISIONS
Sec. 621. Administrative Authority (42 U.S.C. 5197)
(a) In General - For the purpose of carrying out the powers and duties assigned to the
Administrator under this title, the Administrator may exercise the administrative
authorities provided under this section.
(b) Advisory Personnel
(1) The Administrator may employ not more than 100 part-time or temporary
advisory personnel (including not to exceed 25 subjects of the United
Kingdom or citizens of Canada) as the Administrator considers to be necessary
in carrying out the provisions of this title.
(2) Persons holding other offices or positions under the United States for which
they receive compensation, while serving as advisory personnel, shall receive
no additional compensation for such service. Other part-time or temporary
advisory personnel so employed may serve without compensation or may
receive compensation at a rate not to exceed $180 for each day of service,
plus authorized subsistence and travel, as determined by the Administrator.
(c) Services of Other Agency Personnel and Volunteers - The Administrator may
(1) use the services of Federal agencies and, with the consent of any State or local
government, accept and use the services of State and local agencies;
(2) establish and use such regional and other offices as may be necessary; and
(3) use such voluntary and uncompensated services by individuals or organizations
as may from time to time be needed.
(d) Gifts - Notwithstanding any other provision of law, the Administrator may accept
gifts of supplies, equipment, and facilities and may use or distribute such gifts for
emergency preparedness purposes in accordance with the provisions of this 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.
(g) Rules and Regulations - The Administrator may prescribe such rules and regulations
as may be necessary and proper to carry out any of the provisions of this title and
perform any of the powers and duties provided by this title. 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.
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STAFFORD ACT > TITLE VI > §§ 621-622
(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 Administrator may notify such State or person that further
payments will not be made to the State or person from appropriations under
this title (or from funds otherwise available for the purposes of this title for
any approved plan, program, or project with respect to which there is such
failure to comply) until the Administrator is 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 political
subdivision of any State or combination or group thereof or any person,
corporation, association, or other entity of any nature whatsoever, including
instrumentalities of States and political subdivisions.
Sec. 622. Security Regulations (42 U.S.C. 5197a)
(a) Establishment - 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) Limitation on Employee Access to Information - No employee of the Federal
Emergency Management Agency shall be permitted to have access to information
or property with respect to which access restrictions have been established under
this section, until it shall have been determined that no information is contained
in the files of the Federal Bureau of Investigation or any other investigative agency
of the Government indicating that such employee is of questionable loyalty or
reliability for security purposes, or if any such information is so disclosed, until
the Federal Bureau of Investigation shall have conducted a full field investigation
concerning such person and a report thereon shall have been evaluated in writing
by the Administrator.
(c) National Security Positions - No employee of the Federal Emergency Management
Agency shall occupy any position determined by the Administrator to be of critical
importance from the standpoint of national security until a full field investigation
concerning such employee shall have been conducted by the Director of the
Office of Personnel Management and a report thereon shall have been evaluated
in writing by the Administrator of the Federal Emergency Management Agency.
In the event such full field investigation by the Director of the Office of Personnel
Management develops any data reflecting that such applicant for a position of
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STAFFORD ACT > TITLE VI > §§ 622-623
critical importance is of questionable loyalty or reliability for security purposes, or
if the Administrator of the Federal Emergency Management Agency for any other
reason considers it to be advisable, such investigation shall be discontinued and
a report thereon shall be referred to the Administrator of the Federal Emergency
Management Agency for evaluation in writing. Thereafter, the Administrator of
the Federal Emergency Management Agency may refer the matter to the Federal
Bureau of Investigation for the conduct of a full field investigation by such Bureau.
The result of such latter investigation by such Bureau shall be furnished to the
Administrator 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 5197(b) of this title [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 employee who is appointed to serve in a State or local organization for
emergency preparedness shall before entering upon duties, take an oath in writing
before a person authorized to administer oaths, which oath shall be substantially
as follows:
“I______, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States against all enemies, foreign and domestic; that
I will bear true faith and allegiance to the same; that I take this obligation freely,
without any mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter.
“And I do further swear (or affirm) that I do not advocate, nor am I a member or
an affiliate of any organization, group, or combination of persons that advocates
the overthrow of the Government of the United States by force or violence;
and that during such time as I am a member of ________ (name of emergency
preparedness organization), I will not advocate nor become a member or an
affiliate of any organization, group, or combination of persons that advocates the
overthrow of the Government of the United States by force or violence.”
After appointment and qualification for office, the director of emergency
preparedness of any State, and any subordinate emergency preparedness officer
within such State designated by the director in writing, shall be qualified to
administer any such oath within such State under such regulations as the director
shall prescribe. Any person who shall be found guilty of having falsely taken such
oath shall be punished as provided in section 1621 of title 18.
Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b)
In performing duties under this title, the Administrator
(1) shall cooperate with the various departments and agencies of the Federal
Government;
(2) shall use, to the maximum extent, the existing facilities and resources of the
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STAFFORD ACT > TITLE VI > §§ 624-628
Federal Government and, with their consent, the facilities and resources of
the States and political subdivisions thereof, and of other organizations and
agencies; and
(3) shall refrain from engaging in any form of activity which would duplicate
or parallel activity of any other Federal department or agency unless the
Administrator, with the written approval of the President, shall determine
that such duplication is necessary to accomplish the purposes of this title.
Sec. 624. Annual Report to Congress (42 U.S.C. 5197c)
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
recommendations as the Administrator considers appropriate.
Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d)
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.
Sec. 626. Authorization of Appropriation and Transfers of Funds
(42 U.S.C. 5197e)
(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 purposes of this title may be
allocated or transferred for any of the purposes of this title, with the approval of the
Director of the Office of Management and Budget, to any agency or government
corporation designated to assist in carrying out this title. Each such allocation or
transfer shall be reported in full detail to the Congress within 30 days after such
allocation or transfer.
Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f)
Nothing in this title shall be construed to alter or modify the provisions of the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)
Nothing in this title shall be construed to authorize investigations of espionage,
sabotage, or subversive acts by any persons other than personnel of the Federal Bureau
of Investigation.
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STAFFORD ACT > TITLE VII > § 701, 42 U.S.C. § 5204
Title VII -- Miscellaneous
Sec. 701. Rules and Regulations (42 U.S.C. 5201)
(a) Rules and Regulations
(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 regulations 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
deposited 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 interest
at rates determined by the Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable obligations of the United States
of comparable maturities. The interest on such investments shall be credited to,
and form a part of, the fund.
Insular Areas Disaster Survival and Recovery; Definitions (42 U.S.C. 5204)40
As used in sections 5204 to 5204c of this title
(1) the term “insular area” means any of the following: American Samoa, the
Federated States of Micronesia, Guam, the Marshall Islands, the Northern
Mariana Islands, the Trust Territory of the Pacific Islands,41 and the Virgin
Islands;
(2) the term “disaster” means a declaration of a major disaster by the President
after September 1, 1989, pursuant to section 5170 of this title [Section 401];
and
(3) the term “Secretary” means the Secretary of the Interior.
Note: The note preceding 48 U.S.C. § 1681 terminated the Trust Territory of the Pacific Islands. This
note effectively removes the Federated States of Micronesia and the Marshall Islands from the definition
of “insular area”.
40. This section was enacted as part of the Omnibus Insular Areas Act of 1992.
41. The Trust Territory of the Pacific Islands has been terminated. See note preceding 48 U.S.C. 1681.
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STAFFORD ACT > TITLE VII > 42 U.S.C. §§ 5204b, 5206
Technical Assistance for Insular Areas (42 U.S.C. 5204b)42
(a) Upon the declaration by the President of a disaster in an insular area, the President,
acting through the Administrator of the Federal Emergency Management Agency,
shall assess, in cooperation with the Secretary and chief executive of such insular
area, the capability of the insular government to respond to the disaster, including
the capability to assess damage; coordinate activities with Federal agencies,
particularly the Federal Emergency Management Agency; develop recovery
plans, including recommendations for enhancing the survivability of essential
infrastructure; negotiate and manage reconstruction contracts; and prevent the
misuse of funds. If the President finds that the insular government lacks any of
these or other capabilities essential to the recovery effort, then the President
shall provide technical assistance to the insular area which the President deems
necessary for the recovery effort.
(b) One year following the declaration by the President of a disaster in an insular area,
the Secretary, in consultation with the Administrator of the Federal Emergency
Management Agency, shall submit to the Senate Committee on Energy and
Natural Resources and the House Committee on Natural Resources a report on
the status of the recovery effort, including an audit of Federal funds expended in
the recovery effort and recommendations on how to improve public health and
safety, survivability of infrastructure, recovery efforts, and effective use of funds
in the event of future disasters.
Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205)
(a) Statute of Limitations
(1) In General - Except as provided in paragraph (2), no administrative action
to recover any payment made to a State or local government for disaster or
emergency assistance under this Act shall be initiated in any forum after the
date that is 3 years after the date of transmission of the final expenditure
report for the disaster or emergency.
(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 the
disaster or emergency, there shall be a presumption that accounting records
were maintained that adequately identify the source and application of funds
provided for financially assisted activities.
(2) Affirmative Evidence - The presumption described in paragraph (1) may be
rebutted only on production of affirmative evidence that the State or local
government did not maintain documentation described in that paragraph.
42. This section was enacted as part of the Omnibus Insular Areas Act of 1992.
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STAFFORD ACT > TITLE VII > §§ 705-706
(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
report shall not constitute evidence to rebut the presumption described in
paragraph (1).
(4) Right of Access - The period during which the Federal, State, or local
government has the right to access source documentation shall not be limited
to the required 3-year retention period referred to in paragraph (3), but shall
last as long as the records are maintained.
(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.
Buy American (42 U.S.C. 5206)43
(a) Compliance with Chapter 83 of Title 41 - No funds authorized to be appropriated
under this Act or any amendment made by this Act44 may be expended by
an entity unless the entity, in expending the funds, complies with chapter 83 of
title 41.
(b) Debarment of Persons Convicted of Fraudulent Use of “Made in America” Labels
(1) In General - If the Administrator of the Federal Emergency Management
Agency determines that a person has been convicted of intentionally affixing
a label bearing a “Made in America” inscription to any product sold in or
shipped to the United States that is not made in America, the Administrator
shall determine, not later than 90 days after determining that the person has
been so convicted, whether the person should be debarred from contracting
under the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).
(2) Definition of Debar - In this subsection, the term “debar” has the meaning
given the term in section 2393(c) of title 10.
Sec. 706. Firearms Policies (42 U.S.C. 5207)
(a) Prohibition on Confiscation of Firearms - No officer or employee of the United
States (including any member of the uniformed services), or person operating
pursuant to or under color of Federal law, or receiving Federal funds, or under
control of any Federal official, or providing services to such an officer, employee,
or other person, while acting in support of relief from a major disaster or
emergency, may 43. This section was enacted as part of the Disaster Mitigation Act of 2000.
44. “This Act” refers to the Disaster Mitigation Act of 2000, Pub. L. No. 106-390.
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STAFFORD ACT > TITLE VII > § 706
(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 compliance with Federal law or as evidence in a
criminal investigation;
(2) require registration of any firearm for which registration 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 otherwise prohibited by Federal, State, or local
law; or
(4) prohibit the carrying of firearms by any person otherwise authorized to carry
firearms under Federal, State, or local law, solely because such person is
operating under the direction, control, or supervision of a Federal agency in
support of relief from the major disaster or emergency.
(b) Limitation - Nothing in this section shall be construed to prohibit any person in
subsection (a) from requiring the temporary surrender of a firearm as a condition
for entry into any mode of transportation used for rescue or evacuation during a
major disaster or emergency, provided that such temporarily surrendered 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 equity, or other proper proceeding
for redress against any person who subjects such individual, or causes such
individual to be subjected, to the deprivation of any of the rights, privileges,
or immunities secured by this section.
(2) Remedies - In addition to any existing remedy in law or equity, under any
law, an individual aggrieved by the seizure or 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 enforce this section, the court
shall award the prevailing party, other than the United States, a reasonable
attorney’s fee as part of the costs.
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STAFFORD ACT > Statutory Note to § 423 (42 U.S.C. § 5189a)
DISPUTE RESOLUTION PILOT PROGRAM
Statutory note, sec. 423. Appeals of Assistance Decisions (42. U.S.C. 5189a)
Pub. L. 113-2, div. B, § 1105, Jan. 29, 2013, 127 Stat. 43, provides that:
(a) Definitions - In this section, the following definitions apply:
(1) Administrator - The term “Administrator” means the Administrator of the
Federal Emergency Management Agency.
(2) Eligible Assistance - The term “eligible assistance” means assistance -
(A) under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173);
(B) for which the legitimate amount in dispute is not less than $1,000,000,
which sum the Administrator shall adjust annually to reflect changes in
the Consumer Price Index for all Urban Consumers published by the
Department of Labor;
(C) for which the applicant has a non-Federal share; and
(D) for which the applicant has received a decision on a first appeal.
(b) Procedures
(1) In General - Not later than 180 days after the date of enactment of this
section [Jan. 29, 2013], and in order to facilitate an efficient recovery from
major disasters, the Administrator shall establish procedures under which
an applicant may request the use of alternative dispute resolution, including
arbitration by an independent review panel, to resolve disputes relating to
eligible assistance.
(2) Binding Effect - A decision by an independent review panel under this section
shall be binding upon the parties to the dispute.
(3) Considerations - The procedures established under this section shall -
(A) allow a party of a dispute relating to eligible assistance to request an
independent review panel for the review;
(B) require a party requesting an independent review panel as described in
subparagraph (A) to agree to forgo rights to any further appeal of the
dispute relating to any eligible assistance;
(C) require that the sponsor of an independent review panel for any
alternative dispute resolution under this section be -
(i) an individual or entity unaffiliated with the dispute (which
may include a Federal agency, an administrative law judge, or
a reemployed annuitant who was an employee of the Federal
Government) selected by the Administrator; and
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STAFFORD ACT > Statutory Note to § 423 (42 U.S.C. § 5189a)
(ii) responsible for identifying and maintaining an adequate number
of independent experts qualified to review and resolve disputes
under this section;
(D) require an independent review panel to -
(i) resolve any remaining disputed issue in accordance with all
applicable laws, regulations, and Agency interpretations of those
laws through its published policies and guidance;
(ii) consider only evidence contained in the administrative record, as it
existed at the time at which the Agency made its initial decision;
(iii) only set aside a decision of the Agency found to be arbitrary,
capricious, an abuse of discretion, or otherwise not in accordance
with law; and
(iv) in the case of a finding of material fact adverse to the claimant
made on first appeal, only set aside or reverse such finding if the
finding is clearly erroneous;
(E) require an independent review panel to expeditiously issue a written
decision for any alternative dispute resolution under this section; and
(F) direct that if an independent review panel for any alternative dispute
resolution under this section determines that the basis upon which a
party submits a request for alternative dispute resolution is frivolous,
the independent review panel shall direct the party to pay the
reasonable costs to the Federal Emergency Management Agency relating
to the review by the independent review panel. Any funds received
by the Federal Emergency Management Agency under the authority
of this section shall be deposited to the credit of the appropriation or
appropriations available for the eligible assistance in dispute on the date
on which the funds are received.
(c) Sunset - A request for review by an independent review panel under this section
may not be made after December 31, 2015.
(d) Report
(1) In general - Not later than 270 days after the termination of authority under
this section 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 analyzing the effectiveness of the
program under this section.
(2) Content - The report submitted under paragraph (1) shall include -
(A) a determination of the availability of data required to complete the
report;
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STAFFORD ACT > Statutory Note to § 423 (42 U.S.C. § 5189a)
(B) an assessment of the effectiveness of the program under this section,
including an assessment of whether the program expedited or delayed
the disaster recovery process;
(C) an assessment of whether the program increased or decreased costs to
administer section 403, 406, or 407 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act [42 U.S.C. 5170b, 5172, 5173];
(D) an assessment of the procedures and safeguards that the independent
review panels established to ensure objectivity and accuracy, and the
extent to which they followed those procedures and safeguards;
(E) a recommendation as to whether any aspect of the program under this
section should be made a permanent authority; and
(F) recommendations for any modifications to the authority of the
administration of the authority under the section in order to improve
the disaster recovery process.
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The Office of Chief Counsel maintains this booklet. Please submit any
comments or inquiries about this e-publication to FEMA-OCC@fema.dhs.gov.
| File Type | application/pdf |
| File Modified | 2013-04-22 |
| File Created | 2013-04-08 |