To transfer certain unobligated funds to the Disaster Relief Fund, and for other purposes
H. R. 10069
(Introduced 10/29/2024) by;
Rep. Higgins, Clay [R-LA-3]
118th CONGRESS
2d Session
Explore This Bill:
To transfer certain unobligated funds to the Disaster Relief Fund, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 29, 2024
Mr. Higgins of Louisiana (for himself, Mr. Bishop of North Carolina, Mr. Rosendale, Mr. Norman, and Mr. Ogles) introduced the following bill; which was referred to the Committee on Appropriations
A BILL
To transfer certain unobligated funds to the Disaster Relief Fund, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. TRANSFER OF UNOBLIGATED FUNDS TO DISASTER RELIEF FUND.
(a) In General.—Any unobligated covered funds shall be transferred to the Disaster Relief Fund to carry out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with respect to major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). SEE: https://www.fema.gov/sites/default/files/2020-03/stafford-act_2019.pdf
(b) Covered Funds Defined.—In this section, the term “covered funds”—
(1) means funds made available under the heading “Bilateral Economic Assisstance—Funds Appropriated to the President—Economic Support Fund” of title IV of the Ukraine Security Supplemental Appropriations Act (Public Law 118–50); and
(2) does not include such funds that are made available to prevent and respond to food insecurity.
§5121. Congressional findings and declarations
42 USC 5121: Congressional findings and declarationsText contains those laws in effect on October 30, 2024
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 68-DISASTER RELIEFSUBCHAPTER I-FINDINGS, DECLARATIONS, AND DEFINITIONS
Jump To:
(a) The Congress hereby finds and declares that-
(1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;
special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.
(b) It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by-
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;
(6) providing Federal assistance programs for both public and private losses sustained in disasters; and
(7) identifying and improving the climate and natural hazard resilience of vulnerable communities.
( Pub. L. 93–288, title I, §101, May 22, 1974, 88 Stat. 143 ; Pub. L. 100–707, title I, §103(a), Nov. 23, 1988, 102 Stat. 4689 ; Pub. L. 117–255, §2, Dec. 20, 2022, 136 Stat. 2363 .)
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143 . For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Amendments
2022-Subsec. (b)(7). Pub. L. 117–255 added par. (7).
1988-Subsec. (b)(7). Pub. L. 100–707 struck out par. (7) expressing Congressional intent to provide disaster assistance through a long-range economic recovery program for major disaster areas.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–254, div. D, §1202, Oct. 5, 2018, 132 Stat. 3438 , provided that:
“(a) Applicability for Stafford Act.-Except as otherwise expressly provided, the amendments in this division [see section 1201 of Pub. L. 115–254, set out as a Short Title of 2018 Amendment note below] to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) apply to each major disaster and emergency declared by the President on or after August 1, 2017, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
“(b) Division Applicability.-Except as otherwise expressly provided, the authorities provided under this division [div. D (§§1201–1246) of Pub. L. 115–254] apply to each major disaster and emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act on or after January 1, 2016.”
Effective Date
Pub. L. 93–288, title VI, §605, May 22, 1974, 88 Stat. 164 , provided that Pub. L. 93–288 was effective Apr. 1, 1974, with the exception of section 5178 of this title, prior to repeal by Pub. L. 100–707, title I, §108(b), Nov. 23, 1988, 102 Stat. 4708 .
Short Title of 2024 Amendment
Pub. L. 118–44, §1, Mar. 18, 2024, 138 Stat. 455 , provided that: “This Act [amending section 5177 of this title and enacting provisions set out as a note under section 5177 of this title] may be cited as the ‘Disaster Assistance Deadlines Alignment Act’.”
Short Title of 2022 Amendment
Pub. L. 117–263, div. G, title LXXIII, §7311, Dec. 23, 2022, 136 Stat. 3689 , provided that: “This subtitle [subtitle B (§§7311–7315) of title LXXIII of div. G of Pub. L. 117–263, enacting section 5136a of this title and provisions set out as notes under section 5136a of this title] may be cited as the ‘Technological Hazards Preparedness and Training Act of 2022’.”
Pub. L. 117–255, §1, Dec. 20, 2022, 136 Stat. 2363 , provided that: “This Act [enacting section 5136 of this title, amending this section, and enacting provisions set out as notes under section 5136 of this title] may be cited as the ‘Community Disaster Resilience Zones Act of 2022’.”
Pub. L. 117–251, §1, Dec. 20, 2022, 136 Stat. 2354 , provided that: “This Act [amending sections 5183, 5189d, and 5196c of this title and enacting provisions set out as notes under sections 5131, 5183, 5189d, and 5196c of this title] may be cited as the ‘FEMA Improvement, Reform, and Efficiency Act of 2022’ or the ‘FIRE Act’.”
Pub. L. 117–189, §1, Oct. 10, 2022, 136 Stat. 2204 , provided that: “This Act [amending section 5189 of this title and enacting provisions set out as a note under section 5189 of this title] may be cited as the ‘Small Project Efficient and Effective Disaster Recovery Act’ or the ‘SPEED Recovery Act’.”
Short Title of 2021 Amendment
Pub. L. 116–284, §1, Jan. 1, 2021, 134 Stat. 4869 , provided that: “This Act [enacting section 5135 of this title] may be cited as the ‘Safeguarding Tomorrow through Ongoing Risk Mitigation Act’ or the ‘STORM Act’.”
Short Title of 2018 Amendment
Pub. L. 115–254, div. D, §1201, Oct. 5, 2018, 132 Stat. 3438 , provided that: “This division [div. D (§§1201–1246) of Pub. L. 115–254, enacting sections 5161a, 5165g, 5174a, 5174b, 5189h, 5196g, and 5205a of this title, and section 748a of Title 6, Domestic Security, amending sections 3149, 5122, 5133, 5149, 5152, 5155, 5165, 5165b, 5170a to 5170c, 5172, 5174, 5187, 5189a, 5189f, 5205 of this title, and sections 761 and 762 of Title 6, enacting provisions set out as notes under this section and sections 5122, 5133, 5155, 5170, 5170c, 5172, 5174, 5187, 5189g, 5205 of this title, and section 721 of Title 6, and amending provisions set out as a note under section 5172 of this title] may be cited as the ‘Disaster Recovery Reform Act of 2018’.”
Short Title of 2017 Amendment
Pub. L. 115–87, §1, Nov. 21, 2017, 131 Stat. 1277 , provided that: “This Act [enacting provisions set out as a note under this section] may be cited as the ‘FEMA Accountability, Modernization and Transparency Act of 2017’.”
Short Title of 2016 Amendment
Pub. L. 114–326, §1, Dec. 16, 2016, 130 Stat. 1968 , provided that: “This Act [enacting section 5165f of this title, amending section 8101 of Title 5, Government Organization and Employees, and section 4303 of Title 38, Veterans’ Benefits, and enacting and amending provisions set out as notes under section 3791 of this title] may be cited as the ‘National Urban Search and Rescue Response System Act of 2016’.”
Pub. L. 114–132, §1, Feb. 29, 2016, 130 Stat. 293 , provided that: “This Act [enacting section 5165e of this title and provisions set out as notes under section 5165e of this title] may be cited as the ‘Directing Dollars to Disaster Relief Act of 2015’.”
Short Title of 2015 Amendment
Pub. L. 114–111, §1, Dec. 18, 2015, 129 Stat. 2240 , provided that: “This Act [amending sections 5122 and 5172 of this title] may be cited as the ‘Emergency Information Improvement Act of 2015’.”
Short Title of 2013 Amendment
Pub. L. 113–2, div. B, §1101(a), Jan. 29, 2013, 127 Stat. 39 , provided that: “This division [enacting sections 5123, 5189f, and 5189g of this title, amending sections 5122, 5170, 5170b, 5170c, 5174, 5189, 5189e, and 5191 of this title, and enacting provisions set out as notes under sections 5122, 5170, 5170c, and 5189a of this title] may be cited as the ‘Sandy Recovery Improvement Act of 2013’.”
Short Title of 2011 Amendment
Pub. L. 111–351, §1, Jan. 4, 2011, 124 Stat. 3863 , provided that: “This Act [amending sections 5133, 5134, 5144, 5165d, 5170c, 5172, 5195a, 5195b, 5196 to 5196b, 5196f, 5197 to 5197c, and 5197h of this title and enacting provisions set out as a note under section 5133 of this title] may be cited as the ‘Predisaster Hazard Mitigation Act of 2010’.”
Short Title of 2006 Amendment
Pub. L. 109–308, §1, Oct. 6, 2006, 120 Stat. 1725 , provided that: “This Act [amending sections 5170b, 5196, and 5196b of this title] may be cited as the ‘Pets Evacuation and Transportation Standards Act of 2006’.”
Pub. L. 109–218, §1, Apr. 20, 2006, 120 Stat. 333 , provided that: “This Act [amending section 5150 of this title] may be cited as the ‘Local Community Recovery Act of 2006’.”
Short Title of 2005 Amendment
Pub. L. 109–139, §1, Dec. 22, 2005, 119 Stat. 2649 , provided that: “This Act [amending section 5133 of this title and provisions set out as a note under this section] may be cited as the ‘Predisaster Mitigation Program Reauthorization Act of 2005’.”
Short Title of 2000 Amendment
Pub. L. 106–390, §1(a), Oct. 30, 2000, 114 Stat. 1552 , provided that: “This Act [enacting sections 5133, 5134, 5165 to 5165c, 5205, and 5206 of this title, amending sections 3796b, 5122, 5154, 5170c, 5172, 5174, 5184, 5187, and 5192 of this title, repealing sections 5176 and 5178 of this title, and enacting provisions set out as notes under this section and sections 3796b, 5133, 5165b, 5172, 5174, and 5187 of this title] may be cited as the ‘Disaster Mitigation Act of 2000’.”
Short Title of 1993 Amendment
Pub. L. 103–181, §1, Dec. 3, 1993, 107 Stat. 2054 , provided that: “This Act [amending section 5170c of this title and enacting provisions set out as notes under sections 4601 and 5170c of this title] may be cited as the ‘Hazard Mitigation and Relocation Assistance Act of 1993’.”
Short Title of 1988 Amendment
Pub. L. 100–707, title I, §101(a), Nov. 23, 1988, 102 Stat. 4689 , provided that: “This title [enacting sections 5141, 5153 to 5157, 5159 to 5164, 5170 to 5170c, 5172, 5174, 5178, 5189 to 5189b, and 5191 to 5193 of this title, amending this section, sections 1382a, 3030, 3231, 3232, 3539, 4003, 4013, 5122, 5131, 5143, 5144, 5147 to 5152, 5158, 5171, 5173, 5176, 5177, 5179 to 5188, 5201, 7704, and 9601 of this title, sections 1421, 1427, 1427a, 1961, 1964, and 2014 of Title 7, Agriculture, sections 1706c, 1709, and 1715l of Title 12, Banks and Banking, section 636 of Title 15, Commerce and Trade, sections 1536 and 3505 of Title 16, Conservation, sections 241–1 and 646 of Title 20, Education, section 125 of Title 23, Highways, sections 165, 5064, and 5708 of Title 26, Internal Revenue Code, section 701n of Title 33, Navigation and Navigable Waters, and section 1820 [now 3720] of Title 38, Veterans’ Benefits, repealing sections 5142, 5145, 5146, 5175, and 5202 of this title and former sections 5141, 5153 to 5157, 5172, 5174, 5178, and 5189 of this title, enacting provisions set out as notes under this section and sections 3231, 5122, and 5201 of this title, amending provisions set out as a note under this section and section 1681 of Title 48, Territories and Insular Possessions, and repealing provisions set out as notes under this section and former section 5178 of this title] may be cited as ‘The Disaster Relief and Emergency Assistance Amendments of 1988’.”
Short Title of 1980 Amendment
Pub. L. 96–568, §1, Dec. 23, 1980, 94 Stat. 3334 , provided: “That this Act [amending section 5202 of this title] may be cited as the ‘Disaster Relief Act Amendments of 1980’.”
Short Title
Pub. L. 93–288, §1, May 22, 1974, 88 Stat. 143 , as amended by Pub. L. 100–707, title I, §102(a), Nov. 23, 1988, 102 Stat. 4689 ; Pub. L. 106–390, title III, §301, Oct. 30, 2000, 114 Stat. 1572 , provided: “That this Act [enacting this section, sections 3231 to 3236, 5122, 5131, 5132, 5141 to 5158, 5171 to 5189, 5201, and 5202 of this title, and section 1264 of former Title 31, Money and Finance, amending sections 1706c, 1709, 1715l of Title 12, Banks and Banking, sections 241–1, 646, 758 of Title 20, Education, sections 165, 5064, 5708 of Title 26, Internal Revenue Code, section 1820 [now 3720] of Title 38, Veterans’ Benefits, section 461 of former Title 40, Public Buildings, Property, and Works, repealing sections 4401, 4402, 4411 to 4413, 4414 to 4420, 4431 to 4436, 4457 to 4462, 4481 to 4485 of this title, enacting provisions set out as notes under this section, sections 4401 and 5178 of this title, and section 1264 of former Title 31, and amending provisions set out as a note under section 1681 of Title 48, Territories and Insular Possessions] may be cited as the ‘Robert T. Stafford Disaster Relief and Emergency Assistance Act’.”
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
References to Disaster Relief Act of 1974
Pub. L. 100–707, title I, §102(b), Nov. 23, 1988, 102 Stat. 4689 , provided that: “Whenever any reference is made in any law (other than this Act [see Tables for classification]), regulation, document, rule, record, or other paper of the United States to a section or provision of the Disaster Relief Act of 1974 [former short title of Pub. L. 93–288], such reference shall be deemed to be a reference to such section or provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [Pub. L. 93–288, see Short Title note above].”
References to Disaster Relief Act of 1970
Pub. L. 93–288, title VII, §702(m), formerly title VI, §602(m), May 22, 1974, 88 Stat. 164 , as renumbered by Pub. L. 103–337, div. C, title XXXIV, §3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100 , provided that: “Whenever reference is made in any provision of law (other than this Act [see Short Title note set out above]), regulation, rule, record, or documents of the United States to provisions of the Disaster Relief Act of 1970 (84 Stat. 1744), repealed by this Act such reference shall be deemed to be a reference to the appropriate provision of this Act.”
Requirements for Grant Systems Modernization
Pub. L. 115–87, §2, Nov. 21, 2017, 131 Stat. 1277 , provided that:
“(a) In General.-The Administrator of the Federal Emergency Management Agency shall ensure the ongoing modernization of the grant systems for the administration of assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) includes the following:
“(1) An online interface, including online assistance, for applicants to complete application forms, submit materials, and access the status of applications.
“(2) Mechanisms to eliminate duplication of benefits.
“(3) If appropriate, enable the sharing of information among agencies and with State, local, and tribal governments, to eliminate the need to file multiple applications and speed disaster recovery.
“(4) Any additional tools the Administrator determines will improve the implementation of this section.
“(b) Implementation.-To the extent practicable, the Administrator shall deliver the system capabilities described in subsection (a) in increments or iterations as working components for applicant use.”
Report on State Management of Small Disasters Initiative
Pub. L. 106–390, title II, §208, Oct. 30, 2000, 114 Stat. 1571 , provided that not later than 3 years after Oct. 30, 2000, the President would submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including recommendations concerning State administration of parts of the program.
Study Regarding Cost Reduction
Pub. L. 106–390, title II, §209, Oct. 30, 2000, 114 Stat. 1571 , as amended by Pub. L. 109–139, §3, Dec. 22, 2005, 119 Stat. 2649 , provided that: “Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act [see Short Title of 2000 Amendment note above].”
Study of Participation by Indian Tribes in Emergency Management
Pub. L. 106–390, title III, §308, Oct. 30, 2000, 114 Stat. 1575 , required the Director of the Federal Emergency Management Agency to conduct a study of participation by Indian tribes in emergency management and submit a report no later than 1 year after Oct. 30, 2000.
National Drought Policy
Pub. L. 105–199, July 16, 1998, 112 Stat. 641 , as amended by Pub. L. 106–78, title VII, §753, Oct. 22, 1999, 113 Stat. 1170 , known as the “National Drought Policy Act of 1998”, established the National Drought Policy Commission to study and submit a report on national drought policy and terminated the Commission 90 days after the submission of the report.
Recommendations Concerning Improvement of Relationships Among Disaster Management Officials
Pub. L. 100–707, title I, §110, Nov. 23, 1988, 102 Stat. 4710 , provided that not later than 1 year after Nov. 23, 1988, the President was to recommend to the Congress proposals to improve the operational and fiscal relationships that exist among Federal, State, and local major disaster and emergency management officials, including provisions which would decrease the amount of time for processing requests for major disaster and emergency declarations and providing Federal assistance for major disasters and emergencies, provide for more effective utilization of State and local resources in relief efforts, and improve the timeliness of reimbursement.
Declared Disasters and Emergencies Not Affected
Pub. L. 100–707, title I, §112, Nov. 23, 1988, 102 Stat. 4711 , provided that: “This title [see Short Title of 1988 Amendment note above] shall not affect the administration of any assistance for a major disaster or emergency declared by the President before the date of the enactment of this Act [Nov. 23, 1988].”
Executive Documents
Delegation of Functions
Functions of the President under the Disaster Relief Acts of 1970 and 1974, with certain exceptions, were delegated to the Secretary of Homeland Security, see sections 4–201 and 4–203 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended, set out as a note under section 5195 of this title.
Executive Order No. 11749
Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which related to consolidation of functions assigned to Secretary of Housing and Urban Development, was revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out as a note under section 5195 of this title.
Ex. Ord. No. 11795. Delegation of Presidential Functions
Ex. Ord. No. 11795, July 11, 1974, 39 F.R. 25939, as amended by Ex. Ord. No. 11910, Apr. 13, 1976, 41 F.R. 15681; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided:
By virtue of the authority vested in me by the Disaster Relief Act of 1974 (Public Law 93–288; 88 Stat. 143) [see References to Disaster Relief Act of 1974 note above], section 301 of title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows:
[Sections 1 and 2. Revoked by Ex. Ord. No. 12148, §5–111, July 20, 1979, 44 F.R. 43239.]
Sec. 3. The Secretary of Agriculture is designated and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by section 412 of the act [section 5179 of this title] concerning food coupons and distribution.
[Sec. 4. Revoked by Ex. Ord. No. 12148, §5–111, July 20, 1979, 44 F.R. 43239.]
[References to a “coupon” provided under the Food and Nutrition Act of 2008 considered to refer to a “benefit” under that Act, see section 4115(d) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.]
Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction
For provisions relating to seismic safety requirements for new construction or total replacement of a building under this chapter after a presidentially declared major disaster or emergency, see Ex. Ord. No. 13717, Feb. 2, 2016, 81 F.R. 6407, set out as a note under SOURCE
42 USC 5170: Procedure for declarationText contains those laws in effect on October 30, 2024
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 68-DISASTER RELIEFSUBCHAPTER IV-MAJOR DISASTER ASSISTANCE PROGRAMS
Jump To:Source CreditMiscellaneousReferences In TextPrior ProvisionsAmendments
§5170. Procedure for declaration
(a) In 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 chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.
(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) 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.
(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 or adjustment is necessary and appropriate.
(2) Criteria for making determinations
The President shall establish criteria for making determinations under paragraph (1)(B).
(Pub. L. 93–288, title IV, §401, as added Pub. L. 100–707, title I, §106(a)(3), Nov. 23, 1988, 102 Stat. 4696 ; amended Pub. L. 113–2, div. B, §1110(a), Jan. 29, 2013, 127 Stat. 47 .)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b)(2), was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143 . For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
Prior Provisions
A prior section 401 of Pub. L. 93–288 was renumbered section 405 by Pub. L. 100–707 and is classified to section 5171 of this title.
Amendments
2013-Pub. L. 113–2 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Preliminary Damage Assessment
Pub. L. 117–263, div. E, title LVI, §5603, Dec. 23, 2022, 136 Stat. 3405 , provided that:
“(a) Findings.-Congress finds the following:
“(1) Preliminary damage assessments play a critical role in assessing and validating the impact and magnitude of a disaster.
“(2) Through the preliminary damage assessment process, representatives from the Federal Emergency Management Agency validate information gathered by State and local officials that serves as the basis for disaster assistance requests.
“(3) Various factors can impact the duration of a preliminary damage assessment and the corresponding submission of a major disaster request, however, the average time between when a disaster occurs, and the submission of a corresponding disaster request has been found to be approximately twenty days longer for flooding disasters.
“(4) With communities across the country facing increased instances of catastrophic flooding and other extreme weather events, accurate and efficient preliminary damage assessments have become critically important to the relief process for impacted States and municipalities.
“(b) Report to Congress.-
“(1) In general.-Not later than 90 days after the date of enactment of this Act [Dec. 23, 2022], the Administrator of the Federal Emergency Management Agency shall submit to Congress a report describing the preliminary damage assessment process, as supported by the Federal Emergency Management Agency in the 5 years before the date of enactment of this Act.
“(2) Contents.-The report described in paragraph (1) shall contain the following:
“(A) The process of the Federal Emergency Management Agency for deploying personnel to support preliminary damage assessments.
“(B) The number of Agency staff participating on disaster assessment teams.
“(C) The training and experience of such staff described in subparagraph (B).
“(D) A calculation of the average amount of time disaster assessment teams described in subparagraph (A) are deployed to a disaster area.
“(E) The efforts of the Agency to maintain a consistent liaison between the Agency and State, local, tribal, and territorial officials within a disaster area.
“(c) Preliminary Damage Assessment.-
“(1) In general.-Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall convene an advisory panel consisting of emergency management personnel employed by State, local, territorial, or tribal authorities, and the representative organizations of such personnel to assist the Agency in improving critical components of the preliminary damage assessment process.
“(2) Membership.-
“(A) In general.-This advisory panel shall consist of at least 2 representatives from national emergency management organizations and at least 1 representative from each of the 10 regions of the Federal Emergency Management Agency, selected from emergency management personnel employed by State, local, territorial, or tribal authorities within each region.
“(B) Inclusion on panel.-To the furthest extent practicable, representation on the advisory panel shall include emergency management personnel from both rural and urban jurisdictions.
“(3) Considerations.-The advisory panel convened under paragraph (1) shall-
“(A) consider-
“(i) establishing a training regime to ensure preliminary damage assessments are conducted and reviewed under consistent guidelines;
“(ii) utilizing a common technological platform to integrate data collected by State and local governments with data collected by the Agency; and
“(iii) assessing instruction materials provided by the Agency for omissions of pertinent information or language that conflicts with other statutory requirements; and
“(B) identify opportunities for streamlining the consideration of preliminary damage assessments by the Agency, including eliminating duplicative paperwork requirements and ensuring consistent communication and decision making among Agency staff.
“(4) Interim report.-Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report regarding the findings of the advisory panel, steps that will be undertaken by the Agency to implement the findings of the advisory panel, and additional legislation that may be necessary to implement the findings of the advisory panel.
“(5) Rulemaking and final report.-Not later than 2 years after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to implement the recommendations of the advisory panel and submit to Congress a report discussing-
“(A) the implementation of recommendations from the advisory panel;
“(B) the identification of any additional challenges to the preliminary damage assessment process, including whether specific disasters result in longer preliminary damage assessments; and
“(C) any additional legislative recommendations necessary to improve the preliminary damage assessment process.”
Local Impact
Pub. L. 115–254, div. D, §1232, Oct. 5, 2018, 132 Stat. 3460 , provided that:
“(a) In General.-In making recommendations to the President regarding a major disaster declaration, the Administrator of the Federal Emergency Management Agency shall give greater consideration to severe local impact or recent multiple disasters. Further, the Administrator shall make corresponding adjustments to the [Federal Emergency Management] Agency’s policies and regulations regarding such consideration. Not later than 1 year after the date of enactment of this section [Oct. 5, 2018], the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the changes made to regulations and policies and the number of declarations that have been declared based on the new criteria.
“(b) Effective Date.-This section shall be effective on the date of enactment of this Act [Oct. 5, 2018].”
Cost of Assistance Estimates
Pub. L. 115–254, div. D, §1239, Oct. 5, 2018, 132 Stat. 3466 , provided that:
“(a) In General.-Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Emergency Management Agency] shall review the factors considered when evaluating a request for a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), specifically the estimated cost of the assistance, and provide a report and briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(b) Rulemaking.-Not later than 2 years after the date of enactment of this Act, the Administrator shall review and initiate a rulemaking to update the factors considered when evaluating a Governor’s request for a major disaster declaration, including reviewing how the [Federal Emergency Management] Agency estimates the cost of major disaster assistance, and consider other impacts on the capacity of a jurisdiction to respond to disasters. In determining the capacity of a jurisdiction to respond to disasters, and prior to the issuance of such a rule, the Administrator shall engage in meaningful consultation with relevant representatives of State, regional, local, and Indian tribal government stakeholders.”
[For definition of “State” as used in section 1239 of Pub. L. 115–254, set out above, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of this title.]
Individual Assistance Factors
Pub. L. 113–2, div. B, §1109, Jan. 29, 2013, 127 Stat. 47 , provided 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.” SOURCE