CC - Item 4B - Resolution 2004-14 - Support of Development of a Natural Hazard Mitigation PlanTO: HONORABLE MAYOR
AND MEMBERS
ROSEMEF�Y COUNCIL
FROM: BILL CRO CITY MANAGER
DATE: APRIL 13, 2004
RE: RESOLUTION NO. 2004 -14 - SUPPORTING DEVELOPMENT OF A NATURAL
HAZARD MITIGATION PLAN IN ACCORDANCE WITH THE FEDERAL
DISASTER MITIGATION ACT OF 2000 (PUBLIC LAW 106 -390)
The above referenced federal legislation requires that all local agencies must have a local natural
disaster mitigation plan in place to be eligible for federal disaster funding. The federal government is
no longer willing to pay for repetitive disaster damage that could have been averted by taking
preventative actions. The local mitigation plan process places emphasis on reducing risks and ensuing
effects from natural hazards through pre -event risk identification, assessment, and mitigation. This
process shifts much of the emphasis from the typical disaster response approach to a disaster
mitigation approach.
The deadline for submission of a local disaster mitigation plan to the Federal Emergency Management
Agency (FEMA) is November 1, 2004'. Prior to submission to FEMA, the plan will be submitted to
the City Council for approval and then to the state Office of Emergency Services for review. Plan
development will require several months of intense work for staff and other community stakeholders
in order to meet the deadline.
RECOMMENDATION:
Staff recommends that the City Council'adopt Resolution No. 2004 -14 in support of development of
a Natural Hazard Mitigation Plan.
COUNUL r L r as JC
APR 13 2004
ITEM N10.
RESOLUTION 2004 -14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD IN SUPPORT
OF DEVELOPMENT OF A NATURAL
HAZARD MITIGATION PLAN IN
ACCORDANCE WITH THE FEDERAL
DISASTER MITIGATION ACT OF 2000
(PUBLIC LAW 106 -390)
WHEREAS, Southern California recently experienced the most costly fire in the
State's history, burning over 3,500 homes and over 750,000 acres of wildland, resulting
in damage from which it will take communities years to recover; and
WHEREAS, in December 2003, a large 6.5 earthquake devastated the City of
Paso Robles in the Central Coast region, and had this event occurred in an urbanized area
of Los Angeles County it would have resulted in significant loss of life and billions of
dollars of damage; and
WHEREAS, more often disaster resiliency, the ability to "bounce back" quickly
from an extreme natural event (such as earthquake, flood or winds) without permanent,
intolerable damage or disruption of natural, economic, social or structural systems and
without massive amounts of outside assistance, is being included as another component
of community sustainability; and
WHEREAS, sustainability emphasizes planning as a primary approach to involve
local citizens, obtain broad input, and develop real goals and action plans on how to
mitigate against damage caused by the natural hazards facing every California
community; and
WHEREAS, there are actions that can be undertaken to address hazards, no
matter how large or small, that can support disaster resiliency and sustainability in our
community.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Rosemead, as follows:
Section 1. That the City Council of the City of Rosemead does hereby
authorize and support the development of a Natural Hazard Mitigation Plan, establishing
goals and objectives to ensure the health, safety and welfare of its citizens in the event of
a natural disaster.
Section 2. That the Natural Hazard Mitigation Plan shall be a collection of
analyses, policies, and actions on how the community will grow and change in the future
and will serve as a blueprint for how it can achieve sustainability and disaster resiliency.
The plan will be the result of a process involving city departments, local agencies, and
other stakeholders, and will reflect local values and concerns.
Section 3. That the Natural Hazard Mitigation Plan shall meet the program
criteria of the Stafford Act as amended (Disaster Mitigation Act of 2000) in order that the
City of Rosemead will be eligible for future pre- disaster and post- disaster mitigation
program funds to ensure the health, safety and welfare of its citizens.
Section 4. The City Clerk shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and is in force.
APPROVED, PASSED AND ADOPTED this 13 day of April 2004
Mayor
ATTEST:
City Clerk
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 1 of 62
Home » Library » The Robert T. Stafford Disaster Relief And Emergency Assistance Act
Search�FEMA L ibras
Virtual Library &Electronic Read
u Search Tips
Robert T. Stafford Disaster Relief and Emergency Assis
Library Act, as amended by Public Law 106 -390, October 30, 201
• FEMA Information
• Preparation & Prevention UNITED STATES CODE
• Disasters & Emergencies Title 42. THE PUBLIC HEALTH AND WELFARE
• Response & Recovery CHAPTER 68. DISASTER RELIEF
[As amended by Pub. L. 103 -181, Pub. L. 103 -337, and Pub. L. 106 -390]
(Pub. L. 106 -390, October 30, 2000, 114 Stat. 1552 - 1575)
FINDINGS, DECLARATIONS AND DEFINITIONS
Section 101. Congressional Findings and Declarations
Section 102. Definitions
TITLE II -- DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
Section 201. Federal and State Disaster Preparedness Programs
Section 202. Disaster Warnings.
Section 203. Predisaster Hazard Mitigation.
Section 204. Interagency Task Force
SUBCHAPTER III - -MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRA
Section 301. Waiver of Administrative Conditions
Section 302. Coordinating Officers
Section 303. Emergency Support Teams
Section 304. Reimbursement of Federal Agencies
Section 305. Nonliabilily of Federal Government
Section 306. Performance of Services
Section 307. Use of Local Firms and Individuals
Section 308. Nondiscrimination in Disaster Assistance
Section 309. Use and Coordination of Relief Organizations
Section 310. Priority to Certain Applications for Public Facility and Public Housing Assista
Section 311. Insurance
Section 312. Duplication of Benefits
Section 313. Standards and Reviews
Section 314. Penalties
Section 315. Availability of Materials
Section 316. Protection of Environment
Section 317. Recovery of Assistance
Section 318. Audits and Investigations
Section 319. Advance of non - Federal Share
Section 320. Limitation on Use of Sliding Scales
Section 321. Rules and Regulations
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 2 of 62
Section 322. Mitigation Planning
Section 323. Minimum Standards for Public and Private Structures
Section 324. Management Costs
Section 325. Public Notice, Comment, and Consultation Requirements
SUBCHAPTER IV- -MAJOR DISASTER ASSISTANCE PROGRAMS
Section 401. Procedure for Declaration
Section 402. General Federal Assistance
Section 403. Essential Assistance
Section 404. Hazard Mitigation
Section 405. Federal Facilities
Section 406. Repair, Restoration, and Replacement of Damaged Facilities
Section 407. Debris Removal
Section 408. Federal Assistance to Individuals and Households
Section 409. Repealed.
Section 410. Unemployment Assistance
Section 411. Individual and Family Grant Programs
Section 412. Food Coupons and Distribution
Section 413. Food Commodities
Section 414. Relocation Assistance
Section 415. Legal Services
Section 416. Crisis Counseling Assistance and Training
Section 417. Community Disaster Loans
Section 418. Emergency Communications
Section 419. Emergency Public Transportation
Section 420. Fire Supression Grants
Section 420. Fire Management Assistance [NEW]
Section 421. Timber Sale Contracts
Section 422. Simplified Procedure
Section 423. Appeals of Assistance Decisions
Section 424. Date of Eligibility; Expenses Incurred Before Date of Disaster
SUBCHAPTER IV -A -- EMERGENCY ASSISTANCE PROGRAMS
Section 501. Procedure for Declaration
Section 502. Federal Emergency Assistance
Section 503. Amount of Assistance
SUBCHAPTER VI - -- EMERGENCY PREPAREDNESS
Section 601. Declaration of policy.
Section 602. Definitions.
Section 603. Administration of subchapter.
Section 611. Detailed functions of administration
Section 612. Mutual aid pacts between States and neighboring countries
Section 613. Contributions for personnel and administrative expenses
Section 614. Requirement for State matching funds for construction of emergency operati
Section 615. Use of funds to prepare for and respond to hazards
Section 621. Administrative authority
Section 622. Security regulations
Section 623. Use of existing facilities.
Section 624. Annual report to Congress.
Section 625. Applicability of subchapter.
Section 626. Authorization of appropriations and transfers of funds,
Section 627. Relations to Atomic Energy Act of 1954.
Section 628. Federal Bureau of Investigation.
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 3 of 62
SUBCHAPTER VII -- MISCELLANEOUS
Section 701. Rules and Regulations
Section 702. Definitions Relating to Insular Areas Disaster Survival and Recovery
Section 703. Authorization of Appropriations for Insular Areas Disaster Recovery
Section 704. Technical Assistance for Insular Areas Disaster Recovery
Section 705. Disaster Grant Closeout Procedures
§ 5121. CONGRESSIONAL FINDINGS AND DECLARATIONS (Sec. 101)
a. The Congress hereby finds and declares that --
1. because disasters often cause loss of life, human suffering, loss of income
property loss and damage; and
2. because disasters often disrupt the normal functioning of governments anc
communities, and adversely affect individuals and families with great sever
special measures, designed to assist the efforts of the affected States in expeditin
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 m(
assistance by the Federal Government to State and local governments in carrying
responsibilities to alleviate the suffering and damage which result from such disas
1. revising and broadening the scope of existing'disaster relief programs;
2. encouraging the development of comprehensive disaster preparedness an
assistance plans, programs, capabilities, and organizations by the States
governments;
3. achieving greater coordination and responsiveness of disaster preparedne
relief programs;
4. encouraging individuals, States, and local governments to protect themsell
obtaining insurance coverage to supplement or replace governmental assi:
5. encouraging hazard mitigation measures to reduce losses from disasters, i
development of land use and construction regulations; and
6. providing Federal assistance programs for both public and private losses s
disasters [.l
(Pub. L. 93 -288, title 1, § 101, May 22, 1974, 88 Stat. 143; Nov. 23, 1988, Pub. L. 100 -707
103(a), 102 Stat. 4689.)
DELEGATION OF FUNCTIONS
Section 102(b) of title 1 of Pub. L. 100 -707 provided that: "Whenever any reference is mac
law (other than this Act [see Tables for classification]), regulation, document, rule, record,
paper of the United States to a section or provision of the Disaster Relief Act of 1974 [fom
title of Pub. L. 93 -288], such reference shall be deemed to be a reference to such section
provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [Pub. L.
see Short title note above].
Notes added to §5121 by the U.S. Code codifiers of Pub.L. 106 -390:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
a. SHORT TITLE. -This Act maybe cited as the "Disaster Mitigation Act of 2000 ".
SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DISASTERS INITIATIVE.
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 4 of 62
Not later than 3 years after the date of enactment of this Act [October 30, 2000], the Presi
submit to Congress a report describing the results of the State Management of Small Dis,
Initiative, including:
1. identification of any administrative or financial benefits of the initiative; and
2. recommendations concerning the conditions, if any, under which States should be
the option to administer parts of the assistance program under section 406 of the I
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).
[Pub.L. 106 -390, § 208, 114 Stat. 15711
SEC. 209. STUDY REGARDING COST REDUCTION.
Not later than 3 years after the date of enactment of this Act, the Director of the Congress
Budget Office shall complete a study estimating the reduction in Federal disaster assistan
resulted and is likely to result from the enactment of this Act.
[Pub.L. 106 -390, § 209, 114 Stat. 15711
SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.
a. The first section of the Robert T. Stafford Disaster Relief and Emergency Assistan
U.S.C. 5121 note) is amended to read as follows:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Robert T. Stafford Disaster Relief and Emergency Assistan
[Pub.L. 106 -390, § 1(a), 114 Stat. 1552]
SEC. 308. STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEP
a. Definition of Indian Tribe,--In this section, the term "Indian tribe" has the meaning 1
term in section 4 of the Indian Self- Determination and Education Assistance Act (�
450b).
b. Study. --
1. In general. - -The Director of the Federal Emergency Management Agency c
conduct a study of participation by Indian tribes in emergency managemen
2. Required elements. - -The study shall- -
A. survey participation by Indian tribes in training, predisaster and pos
mitigation, disaster preparedness, and disaster recovery programs
Federal and State levels; and
B. review and assess the capacity of Indian tribes to participate in cos
emergency management programs and to participate in the manag
the programs.
3. Consultation. - -In conducting the study, the Director shall consult with India
c. Report. - -Not later than 1 year after the date of enactment of this Act, the Director
a report on the study under subsection (b) to --
1. the Committee on Environment and Public Works of the Senate;
2. the Committee on Transportation and Infrastructure of the House of Repre
3. the Committee on Appropriations of the Senate; and the Committee on Apl
of the House of Representatives.
rPnh i 1na_ROn r RnR hrfnhAr Rn gonn 11d Afaf 1 F
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 5 of 62
§5122. DEFINITIONS (Sec. 102)
As used in this chapter- -
1. EMERGENCY. "Emergency" means any occasion or instance for which, in the det
of the President, Federal assistance is needed to supplement State and local effoi
capabilities to save lives and to protect property and public health and safety, or tc
avert the threat of a catastrophe in any part of the United States.
2. MAJOR DISASTER. "Major disaster" means any natural catastrophe (including an
hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earth
volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of ci
fire, flood, or explosion, in any part of the United States, which in the determinatior
President causes damage of sufficient severity and magnitude to warrant major di:
assistance under this Act to supplement the efforts and available resources of Sta
governments, and disaster relief organizations in alleviating the damage, loss, har
suffering caused thereby.
3. "United States" means the fifty States, the District of Columbia, Puerto Rico, the V
Islands, Guam, American Samoa, and the Commonwealth of the Northern Marian;
4. "State" means any State of the United States, the District of Columbia, Puerto Ric(
Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariam
5. "Governor" means the chief executive of any State
6. Local government. - -The term 'local government' means -
A. a county, municipality, city, town, township, public authority, school district,
district, intrastate district, council of governments (regardless of whether th
governments is incorporated as a nonprofit corporation under State law), n
interstate government entity, or agency or instrumentality of a local goverm
B. an Indian tribe or authorized tribal organization, or Alaska Native village or
organization; and
C. a rural community, unincorporated town or village, or other public entity, foi
application for assistance is made by a State or political subdivision of a St
7. "Federal agency" means any department, independent establishment, Governmer
corporation, or other agency of the executive branch of the Federal Government, ii
the United States Postal Service, but shall not include the American National Red
8. PUBLIC FACILITY. "Public facility" means the following facilities owned by a State
government:
A. Any flood control, navigation, irrigation, reclamation, public power, sewage
and collection, water supply and distribution, watershed development, or ai
facility.
B. Any non - Federal -aid street, road, or highway.
C. Any other public building, structure, or system, including those used for edi
recreational, or cultural purposes.
D. Any park.
9. PRIVATE NONPROFIT FACILITY. "Private nonprofit facility" means private nonprc
educational, utility, irrigation, emergency, medical, rehabilitational, and temporary
permanent custodial care facilities (including those for the aged and disabled), oth
nonprofit facilities which provide essential services of a governmental nature to thf
public, and facilities on Indian reservations as defined by the President.
(Pub. L. 93 -288, title 1, § 102, May 22, 1974, 88 Stat. 144; Pub. L. 100 -707, title 1, § 103(4
Nov. 23, 1988, 102 Stat. 4689, 4690.) (As amended Feb. 24, 1992, Pub. L. 102 -247, title.
106 Stat. 38.)
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 6 of 62
(PUn. L. 1UU -3`3U, § 3UZ, uctoner 30, 2000, 114 Stat. 1572)
TITLE II -- DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
§ 5131. FEDERAL AND STATE DISASTER PREPAREDNESS PROGRAMS (Sec. 201)
a. Utilization of services of other agencies.
The President is authorized to establish a program of disaster preparedness that c
services of all appropriate agencies and includes --
1. preparation of disaster preparedness plans for mitigation, warning, emerge
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 comp
plans and practicable programs for preparation against disasters, including hazarc
avoidance, and mitigation; for assistance to individuals, businesses, and State an(
governments following such disasters; and for recovery of damages or destroyed I
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 exc
aggregate to such State $250,000, for the development of plans, programs, and a
for disaster preparedness and prevention. Such grants shall be applied for within c
from the date of enactment of this Act [enacted May 22, 1974]. Any State desiring
assistance under this section shall designate or create an agency to plan and adn
such a disaster preparedness program, and shall, through such agency, submit a
to the President, which shall --
1. set forth a comprehensive and detailed State program for preparation age!
assistance following, emergencies and major disasters, including provision
assistance to individuals, businesses, and local governments; and
2. include provisions for appointment and training of appropriate staffs, formu
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 co
improving, maintaining and updating State disaster assistance plans, including ew
natural hazards and development of the programs and actions required to mitigate
hazards; except that no such grant shall exceed $50,000 per annum to any State.
(Pub. L. 93 -288, title Il, § 201, May 22, 1974, 88 Stat. 145; Pub.. L. 100 -707, title 1, § 104, ,
1988, 102 Stat. 4690.)
§ 5132. DISASTER WARNINGS {Sec. 202}
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 7 of 62
a. meaamess or reaerai agencies to issue warnings to sane ano rocar orncrars
The President shall insure that all appropriate Federal agencies are prepared to is
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 assisl
State and local governments to insure that timely and effective disaster warning is
c. Warnings to governmental authorities and public endangered by disaster
The President is authorized to utilize or to make available to Federal, State, and to
agencies the facilities of the civil defense communications system established anc
maintained pursuant to section 201(c) of the Federal Civil Defense Act of 1950, as
(50 U.S.C. App 2281(c)), section 611(c) of this Act, or any other Federal communi
system for the purpose of providing warning to governmental authorities and the c
population in areas endangered by disasters. [§ 3412(b), Pub. L. 103 -337, Oct. 5,
[Reference to § 611(c) is incorrect; probably should be § 611(d). Technical correct
needed)
d. Agreements with commercial communications systems for use of facilities
The President is authorized to enter into agreements with the officers or agents of
or commercial communications systems who volunteer the use of their systems or
reimbursable or nonreimbursable basis for the purpose of providing warning to go
authorities and the civilian population endangered by disasters.
(Pub. L. 93 -288, title it, § 202, May 22, 1974, 88 Stat. 145.)
Note to users: Section 102 of the Disaster Mitigation Act of 2000, added Sec. 203 (a) - (),
Predisaster Hazard Mitigation, which authorizes a predisaster hazard mitigation program t
be in effect until FEMA publishes implementing regulations.
§ 5133. PREDISASTER HAZARD MITIGATION. (Sec. 203)
a. Definition of Small Impoverished Community. - -In this section, the term 'small impo
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
criteria established by the President.
b. Establishment of Program.--The President may establish a program to provide tec
financial assistance to States and local governments to assist in the implemenlatic
predisaster hazard mitigation measures that are cost - effective and are designed tc
injuries, loss of life, and damage and destruction of property, including damage to
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 governme
identified natural disaster hazards in areas under its jurisdiction and has demonstr
ability to form effective public - private natural disaster hazard mitigation partnershil
President, using amounts in the National Predisaster Mitigation Fund established 1
subsection (i) (referred to in this section as the 'Fund'), may provide technical and
assistance to the Slate or local government to be used in accordance with subset
d. State Recommendations.-
1. In general.-
A. Recommendations. - -The Governor of each State may recommend
President not fewer than 5 local governments to receive assistance
section.
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 8 of 62
c. Deaaune Tor suomission. - -Tne recommendations unaer suoparagre
shall be submitted to the President not later than October 1, 2001,
October 1st thereafter or such later date in the year as the Presidei
establish.
C. Criteria. - -In making recommendations under subparagraph (A), a C
shall consider the criteria specified in subsection (g).
2. Use:
A. In general. -- Except as provided in subparagraph (B), in providing a
to local governments under this section, the President shall select t
governments recommended by the Governors under this subsectio
B. Extraordinary circumstances. - -In providing assistance to local gove
under this section, the President may select a local government the
been recommended by a Governor under this subsection if the Pre
determines that extraordinary circumstances justify the selection ar
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
subject to the criteria specified in subsection (g), any local governments of
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 impler
predisaster hazard mitigation measures that are cost - effective and
described in proposals approved by the President under this sectio
B. may be used -
i. to support effective public - private natural disaster hazard m
partnerships;
ii. to improve the assessment of a community's vulnerability tc
hazards; or
iii. to establish hazard mitigation priorities, and an appropriate
mitigation plan, for a community.
2. Dissemination. - -A State or local government may use not more than 10 pe
financial assistance received by the State or local government under this s
fiscal year to fund activities to disseminate information regarding cost -effec
mitigation technologies.
f. Allocation of Funds. - -The amount of financial assistance made available to a Ste
(including amounts made available to local governments of the State) under this s-
fiscal year-
1. shall be not less than the lesser of-
A. $500,000; or
B. the amount that is equal to 1.0 percent of the total funds appropriat
out this section for the fiscal year;
2. shall not exceed 15 percent of the total funds described in paragraph (1)(B
shall be subject to the criteria specified in subsection (g).
g. Criteria for Assistance Awards.--In determining whether to provide technical am:
assistance to a State or local government under this section, the President shall to
account-
1. the extent and nature of the hazards to be mitigated;
2. the degree of commitment of the State or local government to reduce dam:
future natural disasters;
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 9 of 62
3. the degree of commitment by the State or local government to support ong
Federal support for the hazard mitigation measures to be carried out using
technical and financial assistance;
4. the extent to which the hazard mitigation measures to be carried out using
technical and financial assistance contribute to the mitigation goals and pri
established by the State;
5. the extent to which the technical and financial assistance is consistent with
assistance provided under this Act;
6. the extent to which prioritized, cost - effective mitigation activities that produ
meaningful and definable outcomes are clearly identified;
7. if the Slate or local government has submitted a mitigation plan under sect
the extent to which the activities identified under paragraph (6) are consist(
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 imp'ove
communities; and
10. such other criteria as the President establishes in consultation with State a
governments.
h. Federal Share.-
1. In general. -- Financial assistance provided under this section may contribul
percent of the total cost of mitigation activities approved by the President.
2. Small impoverished communities.--Notwithstanding paragraph (1), the Pre
contribute up to 90 percent of the total cost of a mitigation activity carried e
small impoverished community.
i. National Predisaster Mitigation Fund.-
1. Establishment.--The President may establish in the Treasury of the United
fund to be known as the 'National Predisaster Mitigation Fund', to be used
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 r
until expended; and
B. sums available from gifts, bequests, or donations of services or pro
received by the President for the purpose of predisaster hazard mit
3. Expenditures from fund. - -Upon request by the President, the Secretary of t
Treasury shall transfer from the Fund to the President such amounts as th(
determines are necessary to provide technical and financial assistance unt
section.
4. Investment of amounts.-
A. In general. - -The Secretary of the Treasury shall invest such portion
Fund as is not, in the judgment of the Secretary of the Treasury, re-
meet current withdrawals. Investments may be made only in intere!
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 si
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by PublicPage 10 of 62
owl cldiy v1 u1a i IUdauly di U 11301 nci Pnce.
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
part of the Fund.
E. Transfers of amounts:
i. In general.--The amounts required to be transferred to the F
this subsection shall be transferred at least monthly from th
fund of the Treasury to the Fund on the basis of estimates r
Secretary of the Treasury.
H. Adjustments. -- Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates were
of or less than the amounts required to be transferred.
Limitation on Total Amount of Financial Assistance. - -The President shall not prow
assistance under this section in an amount greater than the amount available in th
k. Multihazard Advisory Maps:
1. Definition of multihazard advisory map. - -In this subsection, the term 'multiF
advisory map' means a map on which hazard data concerning each type o
disaster is identified simultaneously for the purpose of showing areas of he
overlap.
2. Development of maps. - -In consultation with Slates, governments, and apps
Federal agencies, the President shall develop multihazard advisory maps t
not fewer than 5 States, that are subject to commonly recurring natural haz
(including flooding, hurricanes and severe winds, and seismic events).
3. Use of technology.--In developing multihazard advisory maps under this st
the President shall use, the maximum extent practicable, the most cost -eff
efficient technology available.
4. Use of maps.-
A. Advisory nature.--The multihazard advisory maps shall be consider
advisory and shall not require the development of any new policy b:
impose any new policy on, any government or private entity.
B. Availability of maps. - -The multihazard advisory maps shall be mad(
to the appropriate Stale and local governments for the purposes of
i. informing the general public about the risks of natural hazar
areas described in paragraph (2);
ii. supporting the activities described in subsection (e); and
iii. other public uses.
L Report on Federal and State Administration. - -Not later than 18 months after the dt
enactment of this section, the President, in consultation with State and local gover
shall submit to Congress a report evaluating efforts to implement this section and
recommending a process for transferring greater authority and responsibility for ac
the assistance program established under this section to capable Slates.
m. Termination of Authority. - -The authority provided by this section terminates Decen
2003.
(Pub.L. 106 -390, § 102(a), October 30, 2000, 114 Stat. 1553)
[Note, Findings and Purpose, Pub.L. 106 -390, § 101, 114 Stat. 1552]
SEC. 101. FINDINGS AND PURPOSE.
a. FINDINGS- Congress finds that --
1. natural disasters, including earthquakes, tsunamis, tornadoes, hurricanes,
and wildfires, pose great danger to human life and to property throughout t
States;
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 11 of 62
2. greater emphasis needs to be placed on --
A. identifying and assessing the risks to States and local government:
Indian tribes) from natural disasters;
B. implementing adequate measures to reduce losses from natural di:
and
C. ensuring that the critical services and facilities of communities will c
function after a natural disaster;
3. expenditures for postdisaster assistance are increasing without commensL
reductions in the likelihood of future losses from natural disasters;
4. in the expenditure of Federal funds under the Robert T. Stafford Disaster F
Emergency Assistance Act (42 U.S.C. 5121 et seq.), high priority should bi
mitigation of hazards at the local level; and
5. with a unified effort of economic incentives, awareness and education, tecl
assistance, and demonstrated Federal support, States and local governme
(including Indian tribes) will be able to --
A. form effective community -based partnerships for hazard mitigation
B. implement effective hazard mitigation measures that reduce the po
damage from natural disasters;
C. ensure continued functionality of critical services;
D. leverage additional non - Federal resources in meeting natural disas
resistance goals; and
E. make commitments to long -term hazard mitigation efforts to be app
and existing structures.
b. PURPOSE- The purpose of this title is to establish a national disaster hazard mitic
program --
1. to reduce the loss of life and property, human suffering, economic disruplic
disaster assistance costs resulting from natural disasters; and
2. to provide a source of predisaster hazard mitigation funding that will assist
local governments (including Indian tribes) in implementing effective hazar
measures that are designed to ensure the continued functionality of critical
and facilities after a natural disaster.
§ 5134. INTERAGENCY TASK FORCE. (Sec. 204)
a. In General.- -The President shall establish a Federal interagency task force for the
coordinating the implementation of predisaster hazard mitigation programs admini
the Federal Government.
b. Chairperson. - -The Director of the Federal Emergency Management Agency shall
the chairperson of the task force.
c. Membership. - -The membership of the task force shall include of-
1. relevant Federal agencies;
2. Stale and local government organizations (including Indian tribes); and
3. the American Red Cross.
(Pub. L. 106 -390, § 103, October 30, 2000, 114 Stat. 1557)
SUBCHAPTER III - -MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINIST
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 12 of 62
§ X741. WA iVtR uF ADmiNrSTRATNt UUNDiTiuNS {Sec. 3u11
Any Federal agency charged with the administration of a Federal assistance program ma,
requested by the applicant State or local authorities, modify or waive, for a major disaster,
administrative conditions for assistance as would otherwise prevent the giving of assistarn
such programs if the inability to meet such conditions is a result of the major disaster.
(Pub. L. 93 -288, title 111, § 301, as added Pub. L. 100 -707, title 1, § 105(a)(2), Nov. 23, 196
Stat. 4691.)
§ 5143. COORDINATING OFFICERS (Sec. 302)
a. Appointment of Federal coordinating officer
Immediately upon his declaration of a major disaster or emergency, the President
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, witl
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 I
President;
3. coordinate the administration of relief, including activities of the State and I
governments, the American National Red Cross, the Salvation Army, the M
Disaster Service, and other relief or disaster assistance organizations, whir
operate under his advice or direction, except that nothing contained in this
limit or in any way affect the responsibilities of the American National Red
under the Act of January 5, 1905, as amended (33 Stat. 599) [36 U.S.C. §f
and;
4. take such other action, consistent with authority delegated to him by the Pr
and consistent with the provisions of this Act, as he may deem necessary I
local citizens and public officials in promptly obtaining assistance to which
entitled.;
5. State coordinating officer When the President determines assistance unde
necessary, he shall request that the Governor of the affected Stale desigm
coordinating officer for the purpose of coordinating State and local disaster
efforts with those of the Federal Government.
(Pub. L. 93 -288, title 111, § 302, formerly § 303, May 22, 1974, 88 Stat. 147, renumbered §
amended Pub. L. 100 -707, title 1, § 105(b), Nov. 23, 1988, 102 Stat. 4691.)
§ 5144. EMERGENCY SUPPORT TEAMS (Sec. 303)
The President shall form emergency support teams of Federal personnel to be deployed i
affected by a major disaster or emergency. Such emergency support teams shall assist th
coordinating officer in carrying out his responsibilities pursuant to this Act. Upon request c
President, the head of any Federal agency is directed to detail to temporary duty with the
support teams on either a reimbursable or nonreimbursable basis, as is determined nece;
President, such personnel within the administrative jurisdiction of the head of the Federal
the President may need or believe to be useful for carrying out the functions of the emerg.
support teams, each such detail to be without loss of seniority, pay, or other employee sta
(Pub. L. 93 -288, title 111, 5 303, formedv 6 304, May 22, 1974, 88 Stat. 147, renumbered 6
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 13 of 62
amended Pub. L. 100 -707, title 1, § 105(c), Nov. 23, 1988, 102 Stat. 4691.)
§§ 5145, 5146. REPEALED. Pub. L. 100 -707, title I, § 105(d), Nov. 23, 1988, 102 Stat. i
Section 5145, Pub. L. 93 -288, title lll, § 305, May 22, 1974, 88 Stat. 148, related to author
President to provide assistance in an emergency.
Section 5146, Pub. L. 93 -288, title lll, § 306, May 22, 1974, 88 Stat. 148, related to coope
Federal agencies in rendering disaster assistance.
§ 5147. REIMBURSEMENT OF FEDERAL AGENCIES (Sec. 304)
Federal agencies may be reimbursed for expenditures under this Act from funds appropri;
purposes of this Act. Any funds received by Federal agencies as reimbursement for servic
supplies furnished under the authority of this Act shall be deposited to the credit of the apl
or appropriations currently available for such services or supplies.
(Pub. L. 93 -288, title lll, § 304, formerly § 307, May 22, 1974, 88 Stat. 149; renumbered §
amended Pub. L. 100 -707, title 1, § 105(d), Nov. 23, 1988, 102 Stat. 4691.)
§ 5148. NONLIABILITY OF FEDERAL GOVERNMENT (Sec. 305)
The Federal Government shall not be liable for any claim based upon the exercise or perf
or the failure to exercise or perform a discretionary function or duty on the part of a Feder;
or an employee of the Federal Government in carrying out the provisions of this Act.
(Pub. L. 93 -288, title lll, § 305, formerly § 308, May 22, 1974, 88 Stat. 149, renumbered §
amended Pub. L. 100 -707, title 1, § 105(d), Nov. 23, 1988, 102 Stat. 4691.)
§ 5149. PERFORMANCE OF SERVICES (Sec. 306)
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 accef
utilize the services or facilities of any State or local government, or of any agency,
employee thereof, with the consent of such government.
b. Appointment of temporary personnel, experts, and consultants; acquisition, rental,
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 t
necessary, without regard to the provisions of title 5, United States Code, c
appointments in competitive service;
2. to employ experts and consultants in accordance with the provisions of sec
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 14 of 62
of such title [5 U.S.C. § 3109], without regard to the provisions of chapter 5
subchapter III of chapter 53 of such title [5 U.S.C. §§ 5101 et seq. and 533
relating to classification and General Schedule pay rates; and
3. to incur obligations on behalf of the United States by contract or otherwise
acquisition, rental, or hire of equipment, services, materials, and supplies f
drayage, travel, and communications, and for the supervision and adminisi
such activities. Such obligations, including obligations arising out of the ter
employment of additional personnel, may be incurred by an agency in sucl
as may be made available to it by the President.
(Pub. L. 93 -288, title 111, § 306, formerly § 309, May 22, 1974, 88 Stat. 149; renumbered §
amended Pub. L. 100 -707, title 1, § 105(d), Nov. 23, 1988, 102 Stat. 4691.)
§ 5150. USE OF LOCAL FIRMS AND INDIVIDUALS (Sec. 307)
In the expenditure of Federal funds for debris clearance, distribution of supplies, reconsta
other major disaster or emergency assistance activities which may be carried out by contr
agreement with private organizations, firms, or individuals, preference shall be given, to tl
feasible and practicable, to those organizations, firms, and individuals residing or doing bi
primarily in the area affected by such major disaster or emergency. This section shall not
considered to restrict the use of Department of Defense resources in the provision of maje
assistance under this Act.
(Pub. L. 93 -288, title lll, § 307, formerly § 310, May 22, 1974, 88 Stat. 150; renumbered §
amended Pub. L. 100 -707, title 1, § 105(e), Nov. 23, 1988, 102 Stat. 4691.)
§ 5151. NONDISCRIMINATION IN DISASTER ASSISTANCE (Sec. 308)
a. Regulations for equitable and impartial relief operations
The President shall issue, and may alter and amend, such regulations as may be i
for the guidance of personnel carrying out Federal assistance functions at the site
disaster or emergency. Such regulations shall include provisions for insuring that t
distribution of supplies, the processing of applications, and other relief and assista
activities shall be accomplished in an equitable and impartial manner, without disc
on the grounds of race, color, religion, nationality, sex, age, or economic status.
b. Compliance with regulations as prerequisite to participation by other bodies in relie
operations
As a condition of participation in the distribution of assistance or supplies under th
receiving assistance under this Act, governmental bodies and other organizations
required to comply with regulations relating to nondiscrimination promulgated by tl
President, and such other regulations applicable to activities within an area affecte
major disaster or emergency as he deems necessary for the effective coordinatior
efforts.
(Pub. L. 93 -288, title 111, § 308, formerly § 311, May 22, 1974, 88 Stat. 150; renumbered §
amended Pub. L. 100 -707, title I, § 105(f), Nov. 23, 1988, 102 Stat. 4691.)
6 5152. USE AND COORDINATION OF RELIEF ORGANIZATIONS (Sec. 3091
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 15 of 62
a. In providing relief and assistance under this Act, the President may utilize, with the
the personnel and facilities of the American National Red Cross, the Salvation Am
Mennonite Disaster Service, and other relief or disaster assistance organizations,
distribution of medicine, food, supplies, or other items, and in the restoration, reha
reconstruction of community services housing and essential facilities, whenever th
finds that such utilization is necessary.
b. The President is authorized to enter into agreements with the American National F
the Salvation Army, the Mennonite Disaster Service, and other relief or disaster as
organizations under which the disaster relief activities of such organizations may t
coordinated by the Federal coordinating officer whenever such organizations are e
providing relief during and after a major disaster or emergency. Any such agreem(
include provisions assuring that use of Federal facilities, supplies, and services wi
compliance with regulations prohibiting duplication of benefits and guaranteeing
nondiscrimination promulgated by the President under this Act, and such other re(
the President may require.
(Pub. L. 93 -288, title III, § 309, formerly § 312, May 22, 1974, 88 Stat. 150, renumbered §
amended Pub. L. 100 -707, title 1, § 105(o, Nov. 23, 1988, 102 Stat. 4691.)
§ 5153. PRIORITY TO CERTAIN APPLICATIONS FOR PUBLIC FACILITY AND PUBLIC
ASSISTANCE (Sec. 310)
a. Priority In the processing of applications for assistance, priority and immediate cor
shall be given by the head of the appropriate Federal agency, during such period
President shall prescribe, to applications from public bodies situated in areas affe(
major disasters under the following Acts:
1. The United States Housing Act of 1937 [42 U.S.C. § 1437 et seq.] for the p
low- income housing.
2. Section 462 of title 40 for assistance in public works planning.
3. The Community Development Block Grant Program under title I of the Hou
Community Development Act of 1974 [42 U.S.C. § 5301 et sec.].
4. Section 1926 of title 7.
5. The Public Works and Economic Development Act of 1965, as amended [
3121 et seq.].
6. The Appalachian Regional Development Act of 1965, as amended.
7. The Federal Water Pollution Control Act [33 U.S.C. § 1251 et seq.]
b. Obligation of certain discretionary funds
In the obligation of discretionary funds or funds which are not allocated among the
political subdivisions of a State, the Secretary of Housing and Urban Development
Secretary of Commerce shall give priority to applications for projects in major disa
(Pub. L. 93 -288, title Ill, § 310, as added Nov. 23, 1988, Pub. L. 100 -707, title 1, § 105(g),
1988, 102 Stat. 4691.)
§ 5154. INSURANCE (Sec. 311)
a. Applicants for replacement of damaged facilities
1. Compliance with certain regulations
An applicant for assistance under section 5172 of this title [42 U.S.C. § 51;
to repair, restoration, and replacement of damaged facilities), section 5189
[42 U.S.C. § 5189] (relating to simplified procedure) or section 3233 of this
U.S.C. § 32331 section 209(c)(2) of the Public Works and Economic Dever
of 1965 (42 U.S.C. 3149(c)(2)) shall comply with regulations prescribed by
President to assure that, with respect to any property to be replaced, restoi
repaired, or constructed with such assistance, such types and extent of ins
be obtained and maintained as may be reasonably available, adequate, ar
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 16 of 62
necessary, w piuteu agauisL iuwie wsb w bu(ai piopeny.
2. Determination
I n making a determination with respect to availability, adequacy, and nece
paragraph (1), the President shall not require greater types and extent of it
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 [42 U.S.C. § 5172] (rele
repair, restoration, and replacement of damaged facilities), section 5189 of this titb
U.S.C. § 5189] (relating to simplified procedure), or section 3233 of this title [42 U.
32331 section 209(c)(2) of the Public Works and Economic Development Act 4
U.S.C. 3149(c)(2)) may receive such assistance for any property or part thereof to
applicant has previously received assistance under this Act unless all insurance re
pursuant to this section has been obtained and maintained with respect to such pr
requirements of this subsection may not be waived under section 301. [P.L. 103 -3.
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 (
the State. Such an election, if declared in writing at the time of acceptance of assi:
under section 5172 or 5189 of this title [42 U.S.C. § 5172 or 5189] or section 3233
Public Works and Economic Development Act of 1965 [42 U.S.C. § 32331- sectioi
of the Public Works and Economic Development Act of 1965 (42 U.S.C. 31491
subsequently and accompanied by a plan for self- insurance which is satisfactory b
President, shall be deemed compliance with subsection (a). No such self- insurer r
assistance under section 5172 or 5189 of this title [42 U.S.C. § 5172 or 5189] for
property or part thereof for which it has previously received assistance under this /
extent that insurance for such property or part thereof would have been reasonabl,
Pub. L. 93 -288, title lll, § 311, as added Pub. L. 100 -707, title 1, § 105(h), Nov. 23, 1988,
4692.) (Bold from P. L. 106 -390, § 201, October 30, 2000, 114 Stat. 1559).
§ 5155. DUPLICATION OF BENEFITS (Sec. 312)
a. General prohibition
The President, in consultation with the head of each Federal agency administerinc
program providing financial assistance to persons, business concerns, or other en
suffering losses as a result of a major disaster or emergency, shall assure that no
person, business concern, or other entity will receive such assistance with respect
of such loss as to which he has received financial assistance under any other pros
from insurance or any other source.
b. Special rules
1. Limitation
This section shall not prohibit the provision of Federal assistance to a pers
or may be entitled to receive benefits for the same purposes from another
such person has not received such other benefits by the time of application
Federal assistance and if such person agrees to repay all duplicative assis
the agency providing the Federal assistance.
2. Procedures
The President shall establish such procedures as the President considers
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 pred
provision of additional Federal assistance for any part of a loss or need for
benefits have not been provided.
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 17 of 62
c. Recovery of duplicative benefits
A person receiving Federal assistance for a major disaster or emergency shall be
United States to the extent that such assistance duplicates benefits available to th
for the same purpose from another source. The agency which provided the duplic.
assistance shall collect such duplicative assistance from the recipient in accordan
chapter 37 of title 31, United States Code (31 U.S.C. §§ 3701 at seq.], relating to c
collection, when the head of such agency considers it to be in the best interest of I
Government. (d) Assistance not income
Federal major disaster and emergency assistance provided to individuals and fam
this Act, and comparable disaster assistance provided by Stales, local governmen
disaster assistance organizations, shall not be considered as income or a resoura
determining eligibility for or benefit levels under federally funded income assistant
resource - tested benefit programs.
(Pub. L. 93 -288, title lll, § 312, as added Pub. L. 100 -707, title 1, § 105(i), Nov. 23, 1988, ;
4693.)
§ 5156. STANDARDS AND REVIEWS {Sec. 313}
The President shall establish comprehensive standards which shall be used to assess the
and effectiveness of Federal major disaster and emergency assistance programs adminis
this Act. The President shall conduct annual reviews of the activities of Federal agencies
and local governments in major disaster and emergency preparedness and in providing rr
disaster and emergency assistance in order to assure maximum coordination and effectiv
such programs and consistency in policies for reimbursement of States under this Act.
Pub. L. 93 -288, title III, § 313, as added Pub. L. 100 -707, title 1, § 1056), Nov. 23, 1988, 1
4694.)
§ 5157. PENALTIES (Sec. 314)
a. Misuse of funds.
Any person who knowingly misapplies the proceeds of a loan or other cash benefi
under this Act shall be fined an amount equal to one and one -half times the misap
amount of the proceeds or cash benefit.
b. Civil enforcement.
Whenever it appears that any person has violated or is about to violate any provisi
Act, including any civil penalty imposed under this Act, the Attorney General may I
action for such relief as may be appropriate. Such action may be brought in an apt
United States district court.
c. Referral to Attorney General.
The President shall expeditiously refer to the Attorney General for appropriate acti
evidence developed in the performance of functions under this Act that may warra
consideration for criminal prosecution.
d. Civil penalty.
Any individual who knowingly violates any order or regulation issued under this Ac
subject to a civil penalty of not more than $5,000 for each violation.
Pub. L. 93 -288, title 111, § 314, as added Pub. L. 100 -707, title I, § 105(k), Nov. 23, 1988, t
4694.)
§ 5158. AVAILABILITY OF MATERIALS (Sec. 315)
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 18 of 62
The President is authorized, at the request of the Governor of an affected State, to provide
survey of construction materials needed in the area affected by a major disaster on an en
basis for housing repairs, replacement housing, public facilities repairs and replacement,
operations, and business enterprises and to take appropriate action to assure the availabi
distribution of needed materials, including, where possible, the allocation of such material
period of not more than one hundred and eighty days after such major disaster. Any alloy
program shall be implemented by the President to the extent possible, by working with an.
those companies which traditionally supply construction materials in the affected area. Fo
purposes of this section "construction materials" shall include building materials and mate
required for repairing housing, replacement housing, public facilities repairs and replacerr,
normal farm and business operations.
(Pub. L. 93 -288, title lll, § 315, formerly § 318, May 22, 1974, 88 Stat. 152; renumbered §
L. 100 -707, title 1, § 105(1), Nov. 23, 1988, 102 Stat. 4694.)
§ 5159. PROTECTION OF ENVIRONMENT {Sec. 316)
An action which is taken or assistance which is provided pursuant to section 402, 403, 40
502 [42 U.S.C. § 5170a, 5170b, 5172, 5173, or 5192], including such assistance provided
to the procedures provided for in section 422 [42 U.S.C. § 5189], which has the effect of r,
facility substantially to its condition prior to the disaster or emergency, shall not bedeeme
Federal action significantly affecting the quality of the human environment within the meal
National Environmental Policy Act of 1969 (83 Stat. 852) 142 U.S.C. §§ 4321 at seq.]. Noll
section shall alter or affect the applicability of the National Environmental Policy Act of 191
U.S.C. §§ 4321 at seq.] to other Federal actions taken under this Act or under any other p
law.
(Pub. L. 93 -288, title lll, § 316, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19,
Stat. 4694.)
§ 5160. RECOVERY OF ASSISTANCE (Sec. 317)
a. Party liable.
Any person who intentionally causes a condition for which Federal assistance is pi
under this Act or under any other Federal law as a result of a declaration of a majc
or emergency under this Act shall be liable to the United States for the reasonable
incurred by the United Stales in responding to such disaster or emergency to the c
such costs are attributable to the intentional act or omission of such person which
such condition. Such action for reasonable costs shall be brought appropriate Unit
district court.
b. Rendering of care.
A person shall not be liable under this section for costs incurred by the United Stal
result of actions taken or omitted by such person in the course of rendering care o
assistance in response to a major disaster or emergency.
(Pub. L. 93 -288, title Ill, § 317, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19�
Stat. 4695.)
§ 5161. AUDITS AND INVESTIGATIONS (Sec. 316)
a. In general
Subject to the provisions of chapter 75 of title 31, United States Code [31 U.S.C. §
seq.], relating to requirements for single audits, the President shall conduct audits
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 19 of 62
investigations as necessary to assure compliance with this Act, and in connection
may question such persons as may be necessary to carry out such audits and inw
b. Access to records
For purposes of audits and investigations under this section, the President and Cc
General may inspect any books, documents, papers, and records of any person re
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 w
assistance under this Act when necessary to assure compliance with this Act or re
regulations.
(Pub. L. 93 -288, title 111, § 318, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19,
Stat. 4695.)
§ 5162. ADVANCE OF NON - FEDERAL SHARE (Sec. 319)
a. In general
The President may lend or advance to an eligible applicant or a State the portion c
assistance for which the State is responsible under the cost - sharing provisions of
any case in which --
1. the Slate is unable to assume its financial responsibility under such cost -sl
provisions- -
A. with respect to concurrent, multiple major disasters in a jurisdiction.
B. after incurring extraordinary costs as a result of a particular disaste
2. the damages caused by such disasters or disaster are so overwhelming at
that it is not possible for the applicant or the Stale to assume immediately I
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 State<
2. Interest
Loans and advances under this section shall bear interest at a rate determ
Secretary of the Treasury, taking into consideration the current market yiel
outstanding marketable obligations of the United States with remaining per
maturity comparable to the reimbursement period of the loan or advance.
c. Regulations
The President shall issue regulations describing the terms and conditions under w
loan or advance authorized by this section may be made.
(Pub. L. 93 -288, title 111, § 319, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19,
Stat. 4695.)
§ 5163. LIMITATION ON USE OF SLIDING SCALES (Sec. 320)
No geographic area shall be precluded from receiving assistance under this Act solely by
arithmetic formula or sliding scale based on income or population.
(Pub. L. 93 -288, title 111, § 320, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19.
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 20 of 62
Stat. 4696.)
§ 5164. RULES AND REGULATIONS (Sec. 321)
The President may prescribe such rules and regulations as may be necessary and proper
out the provisions of this Act, and may exercise, either directly or through such Federal ac
the President may designate, any power or authority conferred to the President by this Ac
(Pub. L. 93 -288, title III, § 321, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19,
Stat. 4696.)
(Note to users: Section 104 of the Disaster Mitigation Act of 2000, added Sec. 322 (a) - (
Planning, and Sec. 323(a) - (b), Minimum Standards for Public and Private Structures, wh
be in effect until FEMA publishes implementing regulations.)
165. MITIGATION PLANNING. {Sec. 322)
a. Requirement of Mitigation Plan. - -As a condition of receipt of an increased Federal
hazard mitigation measures under subsection (e), a State, local, or tribal governm
develop and submit for approval to the President a mitigation plan that outlines pr(
identifying the natural hazards, risks, and vulnerabilities of the area under the juris
the government.
b. Local and Tribal Plans.- -Each mitigation plan developed by a local or tribal govern
1. describe actions to mitigate hazards, risks, and vulnerabilities identified un
plan; and
2. establish a strategy to implement those actions.
c. State Plans.- -The State process of development of a mitigation plan under this sec
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 mitigati-
planning; and
4. identify and prioritize mitigation actions that the State will support, as resoL
become available.
d. Funding. -
1. In general. -- Federal contributions under section 404 may be used to fund t
development and updating of mitigation plans under this section.
2. Maximum federal contribution. - -With respect to any mitigation plan, a State
tribal government may use an amount of Federal contributions under sectic
to exceed 7 percent of the amount of such contributions available to the gc
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 ha:
an approved mitigation plan under this section, the President may increase
percent, with respect to the major disaster, the maximum percentage sped
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 21 of 62
last sentence or section 4u41a1.
2. Factors for consideration.--] n determining whether to increase the maximw
percentage under paragraph (1), the President shall consider whether the
established -
A. eligibility criteria for property acquisition and other types of mitigatic
measures;
B. requirements for cost effectiveness that are related to the eligibility
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 mitigat
may be carried out after the mitigation action is complete.
(P.L. 106 -390, § 104(a), 114 Stat. 1558).
§ 5165a. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES. (Sec.32
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 tl
grant in accordance with applicable standards of safety, decency, and sani
in conformity with applicable codes, specifications, and standards; and
2. the President may require safe land use and construction practices, after a
consultation with appropriate State and local government officials.
b. Evidence of Compliance.--A recipient of a disaster loan or grant under this Act shE
such evidence of compliance with this section as the President may require by reg
(Pub.L. 106 -390, § 104(a), October30, 2000, 114 Stat. 1559).
(Note to users: Section 202 of the Disaster Mitigation Act of 2000, added Sec. 324 (a) (c),
Management Costs, which will not be in effect until FEMA publishes implementing regulat
§ 5165b. MANAGEMENT COSTS. (Sec. 324)
a. Definition of Management Cost. - -In this section, the term 'management cost' inclu(
indirect cost, any administrative expense, and any other expense not directly char!
specific project under a major disaster, emergency, or disaster preparedness or m
activity or measure.
b. Establishment of Management Cost Rates. -- Notwithstanding any other provision c
(including any administrative rule or guidance), the President shall by regulation e:
management cost rates, for grantees and subgrantees, that shall be used to deter
contributions under this Act for management costs.
c. Review.--The President shall review the management cost rates established unde
subsection (b) not later than 3 years after the date of establishment of the rates ar
periodically thereafter.
(Pub. L. 106 -390, § 202(a), October 30, 2000, 114 Stat. 1560)
(Note added to § 202, Pub. L. 106 -390:
1. Applicability.
1. In general. -- Subject to paragraph (2), subsections ( a) and (b) of section 32
Robert T. Stafford Disaster Relief and Emergency Assistance Act (as adds
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 22 of 62
subsection (a)) shall apply to major disasters declared under that Act on of
date of enactment of this Act.
2. Interim authority.- -Until the date on which the President establishes the me
cost rates under section 324 of the Robert T Stafford Disaster Relief and t
Assistance Act (as added by subsection (a)), section 406(0 of the Robert I
Disaster Relief and Emergency Assistance Act (42 U. S. C. 5172(1)) (as in e
day before the date of enactment of this Act) shall be used to establish ma
cost rates.
(Pub. L. 106 -390, § 202(b), October 30, 2000, 114 Stat. 1560)]
(Note to users. Section 203 of the Disaster Mitigation Act of 2000, added Sec. 325 (a) - (c,
became effective on October 30, 2000. J
§ 5165c. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS. (Sec.
a. Public Notice and Comment Concerning New or Modified Policies.-
1. In general.--The President shall provide for public notice and opportunity f:
before adopting any new or modified policy that -
A. governs implementation of the public assistance program administr
Federal Emergency Management Agency under this Act; and
B. could result in a significant reduction of assistance under the progn
2. Application.--Any policy adopted under paragraph (1) shall apply only to a
disaster or emergency declared on or after the date on which the policy is ;
b. Consultation Concerning Interim Policies.-
In general. -- Before adopting any interim policy under the public assistance
address specific conditions that relate to a major disaster or emergency th;
declared under this Act, the President, to the maximum extent practicable,
the views and recommendations of grantees and subgrantees with respect
major disaster or emergency concerning the potential interim policy, if the i
policy is likely -
A. to result in a significant reduction of assistance to applicants for the
with respect to the major disaster or emergency; or
B. to change the terms of a written agreement to which the Federal Gc
is a party concerning the declaration of the major disaster or emerc
2. No legal right of action. -- Nothing in this subsection confers a legal right of;
any party.
c. Public Access. - -The President shall promote public access to policies governing tt
implementation of the public assistance program.
(P. L. 106 -390, § 203, October 30, 2000, 114 Stat. 1560)
SUBCHAPTER IV- -MAJOR DISASTER ASSISTANCE PROGRAMS
§ 5170. PROCEDURE FOR DECLARATION (Sec. 401)
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 23 of 62
All requests for a declaration by the President that a major disaster exists shall be made t
Governor of the affected Slate. Such a request shall be based on a finding that the disast
such severity and magnitude that effective response is beyond the capabilities of the Stab
affected local governments and that Federal assistance is necessary. As part of such regi
as a prerequisite to major disaster assistance under this Act, the Governor shall take apps
response action under State law and direct execution of the State's emergency plan. The
shall furnish information on the nature and amount of State and local resources which ha%
will be committed to alleviating the results of the disaster, and shall certify that, for the cur
disaster, State and local government obligations and expenditures (of which State commit
must be a significant proportion) will comply with all applicable cost - sharing requirements
Based on the request of a Governor under this section, the President may declare under t
a major disaster or emergency exists.
(Pub. L. 93 -288, title IV, § 401, as added Pub. L. 100 -707, title 1, § 106(a)(3), Nov. 23, 191
Stat. 4696.)
§ 5170a. GENERAL FEDERAL ASSISTANCE (Sec. 402)
In any major disaster, the President may --
1. direct any Federal agency, with or without reimbursement, to utilize its authorities
resources granted to it under Federal law (including personnel, equipment, supplic
and managerial, technical, and advisory services) in support of State and local as:
efforts;
2. coordinate all disaster relief assistance (including voluntary assistance) provided t
agencies, private organizations, and State and local governments;
3. provide technical and advisory assistance to affected State and local government:
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 inforn
D. provision of health and safety measures; and
E. management, control, and reduction of immediate threats to public health
and
4. assist State and local governments in the distribution of medicine, food, and other
consumable supplies, and emergency assistance.
(Pub. L. 93 -288, title IV, § 402, as added Pub. L. 100 -707, title 1, § 106(a)(3), Nov. 23, 19t
Stat. 4696.)
§ 5170b. ESSENTIAL ASSISTANCE (Sec. 403)
a. In general
Federal agencies may on the direction of the President, provide assistance esseni
meeting immediate threats to life and property resulting from a major disaster, as 1
1. Federal resources, generally
Utilizing, lending, or donating to State and local governments Federal equil
supplies, facilities, personnel, and other resources, other than the extensio
for use or distribution by such governments in accordance with the purpose
Act.
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 24 of 62
2. Medicine, food, and other consumables
Distributing or rendering through State and local governments, the Americo
Red Cross, the Salvation Army, the Mennonite Disaster Service, and other
disaster assistance organizations medicine, food, and other consumable si
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 essen
saving lives and protecting and preserving property or public health and sa
including- -
A. debris removal;
B. search and rescue, emergency medical care, emergency mass car
emergency shelter, and provision of food, water, medicine, and oth
needs, including movement of supplies or persons;
C. clearance of roads and construction of temporary bridges necessar
performance of emergency tasks and essential community service:
D. provision of temporary facilities for schools and other essential corr
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 healtt
measures;
H. provision of technical advice to State and local governments on dis
management and control; and
I. reduction of immediate threats to life, property, and public health ai
4. Contributions
Making contributions to State or local governments or owners or operators
nonprofit facilities for the purpose of carrying out the provisions of this sub!
b. Federal share
The Federal share of assistance under this section shall be not less than 75 perce
eligible cost of such assistance.
c. Utilization of DOD resources
1. General rule
During the immediate aftermath of an incident which may ultimately qualify
assistance under this title or title V of this Act [42 U.S.C. §§ 5170 at seq. of
seq.], the Governor of the State in which such incident occurred may reque
President to direct the Secretary of Defense to utilize the resources of the I
of Defense for the purpose of performing on public and private lands any e
work which is made necessary by such incident and which is essential for 1
preservation of life and property. If the President determines that such wort
essential for the preservation of life and property, the President shall grant
request to the extent the President determines practicable. Such emergent
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 shal
subject to section 5173(b) of this title [42 U.S.C. § 5173(b)], relating to unc
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 re
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 the
np. rrpnt
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 25 of 62
5. Guidelines
Not later than 180 days after the date of the enactment of the Disaster Reli
Emergency Assistance Amendments of 1988 [enacted Nov. 23, 1988], the
shall issue guidelines for carrying out this subsection. Such guidelines sha
any likely effect assistance under this subsection will have on the availabili
forms of assistance under this Act.
6. Definitions
For purposes of this section --
A. Department of Defense
The term 'Department of Defense' has the meaning the term "depai
under section 101 of title 10, United States Code.
B. Emergency work
The term "emergency work" includes clearance and removal of del:
wreckage and temporary restoration of essential public facilities an
(Pub. L. 93 -288, title IV, § 403, as added Pub. L. 100 -707, title 1, § 106(a)(3), Nov. 23, 191
Stat. 4697.)
§ 5170c. HAZARD MITIGATION (Sec. 404)
a. In General.
The President may contribute up to 75 percent of the cost of hazard mitigation me
which the President has determined are cost - effective and which substantially reds
of future damage, hardship, loss, or suffering in any area affected by a major disa:
measures shall be identified following the evaluation of natural hazards under sect
this title and shall be subject to approval by the President. Subject to section 322,
contributions under this section for a major disaster shall not exceed 15 percent of
estimated aggregate amount of grants to be made (less any associated administr(
under this chapter with respect to the major disaster.
(Pub.L. 106 -390, § 104(c)(1), October 30, 2000, 114 Stat. 1559)
b. Property acquisition and relocation assistance.- -
1. General authority. In providing hazard mitigation assistance under this sec
connection with flooding, the Director of the Federal Emergency Managem
may provide property acquisition and relocation assistance for projects tha
requirements of paragraph (2).
2. Terms and conditions.
An acquisition or relocation project shall be eligible to receive assistance p
paragraph (1) only if --
A. the applicant for the assistance is otherwise eligible to receive assi!
under the hazard mitigation grant program established under subs(
this section; and
B. on or after December 3, 1993, the applicant for the assistance ante
agreement with the Director that provides assurances that- -
i. any property acquired, accepted, or from which a structure i
removed pursuant to the project will be dedicated and main
perpetuity for a use that is compatible with open space, reci
wetlands management practices;
ii. no new structure will be erected on property acquired, accel
from which a structure was removed under the acquisition c
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 26 of 62
program other than- -
L a public facility that is open on all sides and function
to a designated open space;
II. a rest room; or
III. a structure that the Director approves in writing befo
commencement of the construction of the structure;
after receipt of the assistance, with respect to any property;
accepted or from which a structure was removed under the
or relocation program- -
I. no subsequent application for additional disaster as:
any purpose will be made by the recipient to any Fe
and
II. no assistance referred to in subclause (1) will be pro
applicant by any Federal source.
3. Statutory construction
Nothing in this subsection is intended to alter or otherwise affect an agreer
acquisition or relocation project carried out pursuant to this section that we
on December 3, 1993.
[Note to users: Section 204 of the Disaster Mitigation Act of 2000, added S
Program Administration by States, which will not be in effect until FEMA pL
implementing regulations.]
c. Program Administration by States:
1. In general.--A State desiring to administer the hazard mitigation grant prog
established by this section with respect to hazard mitigation assistance in t
may submit to the President an application for the delegation of the authori
administer the program.
2. Criteria. - -The President, in consultation and coordination with States and k
governments, shall establish criteria for the approval of applications submit
paragraph (1). The criteria shall include, at a minimum -
A. the demonstrated ability of the State to manage the grant program
section;
B. there being in effect an approved mitigation plan under section 322
C. a demonstrated commitment to mitigation activities.
3. Approval. - -The President shall approve an application submitted under par
that meets the criteria established under paragraph (2).
4. Withdrawal of approval. - -If, after approving an application of a State submi
paragraph (1), the President determines that the State is not administering
mitigation grant program established by this section in a manner satisfacto
President, the President shall withdraw the approval.
5. Audits. - -The President shall provide for periodic audits of the hazard mitiga
programs administered by States under this subsection.
[(P. L. 106 -390, § 204, October 30, 2000, 114 Stat. 156 1)] (Pub. L. 93 -288,
404, as added Pub. L. 100 -707, title 1, § 106(a)(3), Nov. 23, 1988, 102 Stal
Pub. L. 103 -181, §2(a), Dec. 3, 1993, 107 Stat. 2054.)
[The following section was enacted in PL 106 -390, § 104(b), but is not part of the Stafford
was not codified in the U.S. Code].
[[(b) Losses From Straight Line Winds.--
The President shall increase the maximum percentage specified in the last sentence of se
(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 51'
from 15 percent to 20 percent with respect to any major disaster that is in the State of Min
for which assistance is being provided as of the date of enactment of this Act, except that
assistance provided under this subsection shall not exceed $6,000,000. The mitigation mr
assisted under this subsection shall be related to losses in the State of Minnesota from sti
winds." fl
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 27 of 62
§ 5171. FEDERAL FACILITIES (Sec. 405)
a. Repair, reconstruction, restoration or replacement of United States facilities
The President may authorize any Federal agency to repair, reconstruct, restore, of
any facility owned by the United States and under the jurisdiction of such agency V
damaged or destroyed by any major disaster if he determines that such repair,
reconstruction, restoration, or replacement is of such importance and urgency that
reasonably be deferred pending the enactment of specific authorizing legislation o
making of an appropriation for such purposes, or the obtaining of congressional c(
approval.
b. Availability of funds appropriated to agency for repair, reconstruction, restoration, i
replacement of agency facilities
In order to carry out the provisions of this section, such repair, reconstruction, rest
replacement may be begun notwithstanding a lack or an insufficiency of funds app
for such purpose, where such lack or insufficiency can be remedied by the transfe
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'
these facilities are exposed and shall take appropriate action to mitigate such haz;
including safe land -use and construction practices, in accordance with standards I
by the President.
(Pub. L. 93 -288, title IV, formedy § 405, May 22, 1974, 88 Stat. 153; renumbered § 405, F
707, title 1, § 106(a)(2), Nov. 23, 1988, 102 Stat. 4696.)
§ 5172. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES {S
(Note to users. Section 205 of the Disaster Mitigation Act of 2000 struck prior § 406(a), C(
and inserted new § 406(a)(1), (2) and (4), Contributions, which became effective on Octol
2000. See Note to users regarding § 406(a)(3).J
a. Contributions.-
1. In general—The President may make contributions-
A. to a State or local government for the repair, restoration, reconstru(
replacement of a public facility damaged or destroyed by a major di
for associated expenses incurred by the government; and
B. subject to paragraph (3), to a person that owns or operates a privat
facility damaged or destroyed by a major disaster for the repair, res
reconstruction, or replacement of the facility and for associated exp
incurred by the person.
2. Associated expenses.--For the purposes of this section, associated expen:
include-
A. the costs of mobilizing and employing the National Guard for perfor
eligible work;
B. the costs of using prison labor to perform eligible work, including w;
actually paid, transportation to a worksite, and extraordinary costs
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 28 of 62
r000, ano ioaging; ano
C. base and overtime wages for the employees and extra hires of a S1
government, or person described in paragraph (1) that perform elig
plus fringe benefits on such wages to the extent that such benefits
paid before the major disaster.
(Note to users: Section 205(a) of the Disaster Mitigation Act of 2001
Sec. 406(a)(3), Conditions for assistance to private nonprofit faciliti
became effective as of October 30, 2000; on May 4, 2001 FEMA p1
interim final rule implementing § 406(a)(3), which is currently in for:
FR 22443, May 4, 20011
3. Conditions for assistance to private nonprofit facilities.-
A. In general.--The President may make contributions to a private non
facility under paragraph (1)(B) only if-
i. the facility provides critical services (as defined by the Presi
event of a major disaster; or
ii. the owner or operator of the facility-
I. has applied for a disaster loan under section 7(b) of
Business Act (15 U.S.C. 636(b)); and
II. (aa) has been determined to be ineligible for such a
(bb) has obtained such a loan in the maximum amol
which the Small Business Administration determine;
is eligible.
B. Definition of critical services. - -In this paragraph, the term 'critical se
includes power, water (including water provided by an irrigation org
facility), sewer, wastewater treatment, communications, and emerg
medical care.
4. Notification to Congress. -- Before making any contribution under this sectio
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 o'
Representatives;
C. the Committee on Appropriations of the Senate; and
D. the Committee on Appropriations of the House of Representatives.
(Pub. L. 106 -390, § 205(a), October 30, 2000, 114 Stat. 1562) [NotE
Section 406(b), Federal Share, will not be in effect until FEMA publ.
implementing regulations.
b. Federal Share-
1. Minimum federal share. -- Except as provided in paragraph (2), the Federal
assistance under this section shall be not less than 75 percent of the eligib
repair, restoration, reconstruction, or replacement carried out under this se
2. Reduced federal share. - -The President shall promulgate regulations to red
Federal share of assistance under this section to not less than 25 percent i
of the repair, restoration, reconstruction, or replacement of any eligible put
or private nonprofit facility following an event associated with a major disas
A. that has been damaged, on more than 1 occasion within the prece(
year period, by the same type of event; and
B. the owner of which has failed to implement appropriate mitigation n
address the hazard that caused the damage to the facility.
(Pub. L. 106 -390, § 205(b), October 30, 2000, 114 Stat. 1562)
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 29 of 62
[Note to users: The Disaster Mitigation Act of 2000, Sec. 406(c), La
Contributions, was effective as of October 30, 2000; on May 4, 200
published an interim final rule implementing this provision, which is
force. See 66 FR 22443, May 4, 2001.]
c. Large In -Lieu Contributions.-
1. For public facilities.-
A. In general. - -In any case in which a State or local government deten
the public welfare would not best be served by repairing, restoring,
reconstructing, or replacing any public facility owned or controlled t
or local government, the State or local government may elect to rec
of a contribution under subsection (a)(1)(A), a contribution in an arc
to 75 percent of the Federal share of the Federal estimate of the cc
repairing, restoring, reconstructing, or replacing the facility and of
management expenses.
B. Areas with unstable sail. - -In any case in which a State or local govt
determines that the public welfare would not best be served by rep;
restoring, reconstructing, or replacing any public facility owned or c
the State or local government because soil instability in the disaste
makes repair, restoration, reconstruction, or replacement infeasible
or local government may elect to receive, in lieu of a contribution w
subsection (a)(1)(A), a contribution in an amount equal to 90 percei
Federal share of the Federal estimate of the cost of repairing, resto
reconstructing, or replacing the facility and of management expens
C. Use of funds.--Funds contributed to a State or local government un
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 g
determines to be necessary to meet a need for government
and functions in the area affected by the major disaster.
D. Limitations. —Funds made available to a State or local government i
paragraph may not be used for-
any public facility located in a regulatory Floodway (as defn(
section 59.1 of title 44, Code of Federal Regulations (or a si
regulation)); or
any uninsured public facility located in a special Flood hazar
identified by the Director of the Federal Emergency Manage
Agency under the National Flood Insurance Act of 1968 (42
4001 et seq.).
2. For private nonprofit facilities.-
A. In general.--In any case in which a person that owns or operates a
nonprofit facility determines that the public welfare would not best t
by repairing, restoring, reconstructing, or replacing the facility, the F
elect to receive, in lieu of a contribution under subsection (a)(1)(B),
contribution in an amount equal to 75 percent of the Federal share
Federal estimate of the cost of repairing, restoring, reconstructing,
the facility and of management expenses.
B. Use of funds. - -Funds contributed to a person under this paragraph
used-
i. to repair, restore, or expand other selected private nonprofit
owned or operated by the person;
ii. to construct new private nonprofit facilities to be owned or o
the person; or
iii. to fund hazard mitigation measures that the person determi
necessary to meet a need for the person's services and fun
the aroa aff —f-A h., +h. maim Ai-a-'
http://www.fema.gov/library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 30 of 62
C. Limitations.--Funds made available to a person under this paragrap
be used for-
any private nonprofit facility located in a regulatory floodwa)
defined in section 59.1 of title 44, Code of Federal Regulati(
successor regulation)); or
any uninsured private nonprofit facility located in a special fl
area identified by the Director of the Federal Emergency W
Agency under the National Flood Insurance Act of 1968 (42
4001 et seq.).
(Pub. L. 106 -390, § 205(c), October 30, 2000, 114 Stat. 156
d. Flood insurance
1. Reduction of Federal assistance
If a public facility or private nonprofit facility located in a special flood hazai
identified for more than 1 year by the Director pursuant to the National Flo(
Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is damaged or destroyed, r
180th day following November 23, 1988, by flooding in a major disaster an
facility is not covered on the dale of such flooding by flood insurance, the F
assistance which would otherwise be available under this section with resp
repair, restoration, reconstruction, and replacement of such facility and asE
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 re!
facility shall be the lesser of --
A. the value of such facility on the date of the flood damage or destruc
B. the maximum amount of insurance proceeds which would have bee
with respect to such facility if such facility had been covered by floo
insurance under the National Flood Insurance Act of 1968 [42 U.S.
el seq.] on such date.
3. Exception
Paragraphs (1) and (2) shall not apply to a private nonprofit facility which ie
covered by flood insurance solely because of the local government's failurr
participate in the flood insurance program established by the National Floo
Insurance Act.
4. Dissemination of information
The President shall disseminate information regarding the reduction in Fec
assistance provided for by this subsection to State and local governments
owners and operators of private nonprofit facilities who may be affected by
reduction.
(Note to users. The Disaster Mitigation Act of 2000 struck § 406(e), Net eligible co
inserted new subsection 406(e), Eligible cost. Until FEMA publishes implementing
regulations, § 406(e), Net eligible cost, remains in effect as follows:
e. Net eligible cost
1. General rule
For purposes of this section, the cost of repairing, restoring, reconstructing
replacing a public facility or private nonprofit facility on the basis of the des
facility as it existed immediately prior to the major disaster and in conformal
current applicable codes, specifications, and standards (including floodplai
management and hazard mitigation criteria required by the President or by
Coastal Barrier Resources Act (16 U.S.C. 3501 at seq.)) shall, at a minimu
treated as the net eligible cost of such repair, restoration, reconstruction, o
replacement.
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 31 of 62
2. Special rule
In any case in which the facility being repaired, restored, reconstructed, or
under this section was under construction on the date of the major disaster
of repairing, restoring, reconstructing, or replacing such facility shall includ
purposes of this section, only those costs which, under the contract for suc
construction, are the owner's responsibility and not the contractor's respon
(Note to users: The following provisions of the Disaster Mitigation Act of 2000, Sec. 406(e
Cost, will not be in effect until FEMA publishes implementing regulations:
e. Eligible Cost.-
1. Determination.-
A. In general. - -For the purposes of this section, the President shall es
eligible cost of repairing, restoring, reconstructing, or replacing a pt
or private nonprofit facility-
i. on the basis of the design of the facility as the facility existe
immediately before the major disaster; and
ii. in conformity with codes, specifications, and standards (incl
floodplain management and hazard mitigation criteria requii
President or under the Coastal Barrier Resources Act (16 U
et seq.)) applicable at the time at which the disaster occurre
B. Cost estimation procedures.-
I. In general. -- Subject to paragraph (2), the President shall us
estimation procedures established under paragraph (3) to d
the eligible cost under this subsection.
ii. Applicability. - -The procedures specified in this paragraph ai
paragraph (2) apply only to projects the eligible cost of whit
to or greater than the amount specified in section 422.
2. Modification of eligible cost:
A. Actual cost greater than ceiling percentage of estimated cost. - -In al
which the actual cost of repairing, restoring, reconstructing, or reply
facility under this section is greater than the ceiling percentage estE
under paragraph (3) the cost estimated under paragraph (1), the P1
may determine that the eligible cost includes a portion of the actual
repair, restoration, reconstruction, or replacement that exceeds the
estimated under paragraph (1).
B. Actual cost less than estimated cost.-
Greater than or equal to floor percentage of estimated cost.
case in which the actual cost of repairing, restoring, reconst
replacing a facility under this section is less than 100 percei
cost estimated under paragraph (1), but is greater than or e
floor percentage established under paragraph (3) of the cos
under paragraph (1), the State or local government or persc
funds under this section shall use the excess funds to carry
effective activities that reduce the risk of future damage, hai
suffering from a major disaster.
Less than floor percentage of estimated cost.--In any case i
actual cost of repairing, restoring, reconstructing, or replacit
under this section is less than the floor percentage establist
paragraph (3) of the cost estimated under paragraph (1), the
local government or person receiving assistance under this
shall reimburse the President in the amount of the different
C. No effect on appeals process. -- Nothing in this paragraph affects an
appeal under section 423.
1 Exoert oanel.-
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 32 of 62
A. Establishment. - -Not later than 18 months after the date of enactme
paragraph, the President, acting through the Director of the Federa
Emergency Management Agency, shall establish an expert panel,
include representatives from the construction industry and State an
government.
B. Duties. - -The expert panel shall develop recommendations concerni
i. procedures for estimating the cost of repairing, restoring,
reconstructing, or replacing a facility consistent with industn
and
ii. the ceiling and floor percentages referred to in paragraph (2
C. Regulations: - Taking into account the recommendations of the exp
under subparagraph (B), the President shall promulgate regulation;
establish-
i. cost estimation procedures described in subparagraph (B)(i
ii. the ceiling and floor percentages referred to in paragraph (<
D. Review by President. - -Not later than 2 years after the date of proms
regulations under subparagraph (C) and periodically thereafter, the
shall review the cost estimation procedures and the ceiling and floc
percentages established under this paragraph,
E. Report to Congress. - -Not later than 1 year after the date of promulc
regulations under subparagraph (C), 3 years after that date, and at
each 2 -year period thereafter, the expert panel shall submit to Con!
report on the appropriateness of the cost estimation procedures.
4. Special rule.--In any case in which the facility being repaired, restored, rec
or replaced under this section was under construction on the date of the m
disaster, the cost of repairing, restoring, reconstructing, or replacing the fat
include, for the purposes of this section, only those costs that, under the c(
the construction, are the owner's responsibility and not the contractor's res
((2) Effective date. - -The amendment made by paragraph (1) takes effect on the de
enactment of this Act and applies to funds appropriated after the date of enactmet
Act, except that paragraph (1) of section 406(e) of the Robert T. Stafford Disaster
Emergency Assistance Act (as amended by paragraph (1)) takes effect on the oat
the cost estimation procedures established under paragraph (3) of that section tak
(Pub. L. 106 -390, § 205(e), October 30, 2000, 114 Stat. 1566
(Note to users: Section § 205(e) of the Disaster Mitigation Act of 2000 repealed §
§ 202(b) of the DMA 2000 states that until the management cost rates under § 32
Stafford Act are established, the following provisions of § 4060 will be used to esl
"management cost rates. ":
f. Associated expenses
For purposes of this section, associated expenses include the following:
1. Necessary costs
Necessary costs of requesting, obtaining, and administering Federal assisl
based on a percentage of assistance provided as follows:
A. For an applicant whose net eligible costs equal less than $100,000
of such net eligible costs,
B. For an applicant whose net eligible costs equal $100,000 or more t
than $1,000,000, $3,000 plus 2 percent of such net eligible costs in
$100,000,
C. For an applicant whose net eligible costs equal $1,000,000 or more
than $5,000,000, $21,000 plus 1 percent of such net eligible costs i
$1,000,000,
D. For an applicant whose net eligible costs equal $5,000,000 or more
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 33 of 62
plus 1 /2 percent of sucn net eugiole costs in excess or �b,uuu,uuu.
2. Extraordinary costs
Extraordinary costs incurred by a State for preparation of damage survey n
inspection reports, project applications, final audits, and related field inspe,
State employees, including overtime pay and per diem and travel expense:
employees, but not including pay for regular time of such employees, base
total amount of assistance provided under sections 5170b, 5170c, 5172, 5
5193 of this title in such State in connection with the major disaster as folic
A. If such total amount is less than $100,000, 3 percent of such total e
B. If such total amount net eligible cost is $100,000 or more but less ti
$1,000,000, $3,000 plus 2 percent of such total amount net eligible
excess of $100,000,
C. If such total amount net eligible cost is $1,000,000 or more but less
$5,000,000, $21,000 plus 1 percent of such total amount net eligibl
excess of $1,000,000,
D. If such total amount net eligible cost is $5,000,000 or more, $61,00
percent of such total amount net eligible cost in excess of $5,000,0
3. Costs of National Guard
The costs of mobilizing and employing the National Guard for performance
work.
4. Costs of prison labor
The costs of using prison labor to perform eligible work, including wages as
transportation to a worksite, and extraordinary costs of guards, food, and k
5. Other labor costs
Base and overtime wages for an applicant's employees and extra hires pei
eligible work plus fringe benefits on such wages to the extent that such ber
being paid before the disaster.
(Pub. L. 93 -288, title IV, § 406, as added Pub. L. 100 -707, title I, § 106(b), Nov. 23, 1988,
4699)
(Pub. L. 106 -390, § 205(e), October 30, 2000, 114 Stat. 1566).
(Note: See Pub. L. 106 -390, § 202(b), which makes § 406(0, as it existed before repeal, tl
authority for establishing management cost rates until FEMA establishes new manageme
rates under new § 324 of the Stafford Act.]
§ 5173. DEBRIS REMOVAL (Sec. 407)
a. Authorization for use of Federal assistance and grants to State or local governmer
The President, whenever he determines it to be in the public interest, is authorizes
1. through the use of Federal departments, agencies, and instrumentalities, t'
debris and wreckage resulting from a major disaster from publicly and priv;
lands and waters; and
2. to make grants to any Slate or local government or owner or operator of a
non - profit facility for the purpose of removing debris or wreckage resulting
major disaster from publicly or privately owned lands and waters.
b. State or local government authorization; indemnification of Federal government
No authority under this section shall be exercised unless the affected State or loco
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 34 of 62
government shall first arrange an unconditional authorization for removal of such c
wreckage from public and private property, and, in the case of removal of debris o
from private property, shall first agree to indemnify the Federal Government again:
arising from such removal.
c. Rules relating to large lots
The President shall issue rules which provide for recognition of differences existing
urban, suburban, and rural lands in implementation of this section so as to facilitat
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 perce
eligible cost of debris and wreckage removal carried out under this section.
(Pub. L. 93 -288, title IV, § 407, formerly § 403, May 22, 1974, 88 Stat. 154, renumbered §
amended, Pub. L. 100 -707, title 1, § 106(c), Nov. 23, 1988, 102 Stat. 4701.)
]Note to users: The Disaster Mitigation Act of 2000 repealed § 411 of the Stafford Act, but
which will replace § 411, does not become effective until 18 months alter October 30, 206
1, 2002. Section 411 remains in effect until May 1, 2002, and until May 1, 2002 FEMA offs,
not make operational decisions based on the following § 408. FEMA expects to publish in
regulations for§ 408 before May 1, 2002.]
SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
a. In General:
1. Provision of assistance. - -In accordance with this section, the President, in
consultation with the Governor of a State, may provide financial assistance
necessary, services, to individuals and households in the State who, as a c
of a major disaster, have necessary expenses and serious needs in cases
the individuals and households are unable to meet such expenses or need
other means.
2. Relationship to other assistance.--Under paragraph (1), an individual or ho
shall not be denied assistance under paragraph (1), (3), or (4) of subsectio
on the basis that the individual or household has not applied for or receives
or other financial assistance from the Small Business Administration or am
Federal agency.
b. Housing Assistance:
1. Eligibility. - -The President may provide financial or other assistance under t
to individuals and households to respond to the disaster - related housing m
individuals and households who are displaced from their predisaster prima
residences or whose predisaster primary residences are rendered uninhab
result of damage caused by a major disaster.
2. Determination of appropriate types of assistance:
A. In general. - -The President shall determine appropriate types of hog
assistance to be provided under this section to individuals and hou:
described in subsection (a)(1) based on considerations of cost effe
convenience to the individuals and households, and such other fac
President may consider appropriate.
B. Multiple types of assistance. - -One or more types of housing assists
be made available under this section, based on the suitability and z
of the types of assistance, to meet the needs of individuals and hoi
the particular disaster situation.
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 35 of 62
c. Types of Housing Assistance:
1. Temporary housing.-
A. Financial assistance.-
In general. - -The President may provide financial assistance
individuals or households to rent alternate housing accomm
existing rental units, housing, recreational vehicles, or other
fabricated dwellings.
Amount. - -The amount of assistance under clause (1) shall b
the fair market rent for the accommodation provided plus th
any transportation, utility hookups, or unit installation not pri
directly by the President.
B. Direct assistance.-
In general. - -The President may provide temporary housing
acquired by purchase or lease, directly to individuals or hou
who, because of a lack of available housing resources, wou
unable to make use of the assistance provided under subpe
(A).
Period of assistance. - -The President may not provide direct
under clause (i) with respect to a major disaster after the en
month period beginning on the date of the declaration of the
disaster by the President, except that the President may exl
period if the President determines that due to extraordinary
circumstances an extension would be in the public interest.
Collection of rental charges. -- the end of the 18 -month peric
to in clause (ii), the President may charge fair market rent fc
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, an
residential infrastructure (such as a private access route) bt
disaster to a safe and sanitary living or functioning conditior
ii. eligible hazard mitigation measures that reduce the likeliho(
damage to such residences, utilities, or infrastructure.
B. Relationship to other assistance.--A recipient of assistance provide
this paragraph shall not be required to show that the assistance cai
through other means, except insurance proceeds.
C. Maximum amount of assistance.--The amount of assistance provid
household under this paragraph shall not exceed $5,000, as adjust
to reflect changes in the Consumer Price Index for All Urban ConSI
published by the Department of Labor.
3. Replacement:
A. In general. - -The President may provide financial assistance for the
replacement of owner- private residences damaged by a major dise
B. Maximum amount of assistance. - -The amount of assistance provid,
household under this paragraph shall not exceed $10,000, as adjw
annually to reflect changes in the Consumer Price Index for All Urb.
Consumers published by the Department of Labor.
C. Applicability of flood insurance requirement. - -With respect to assist
provided under this paragraph, the President may not waive any pr
Federal law requiring the purchase of flood insurance as a conditior
receipt of Federal disaster assistance.
4. Permanent housing construction. - -The President may provide financial as
direct assistance to individuals or households to construct permanent hou:
insular areas outside the continental United States and in other remote loc
cases in which-
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 36 of 62
A. no alternative housing resources are available; and
B. the types of temporary housing assistance described in paragraph
unavailable, infeasible, not cost - effective.
d. Terms and Conditions Relating to Housing Assistance.-
1. Sites:
A. In general. - -Any readily fabricated dwelling provided under this sec
whenever practicable, be located on a site that-
i. is complete with utilities; and
ii. is provided by the State or local government, by the owner r
or by the occupant who was displaced by the major disaslei
B. Sites provided by the president. - -A readily fabricated dwelling may
on a site provided by the President if the President determines that
would be more economical or accessible.
2. Disposal of units.-
A. Sale to occupants.-
L In general. -- Notwithstanding any other provision of law, a to
housing unit purchased under this section by the President
purpose of housing disaster victims may be sold directly to I
individual or household who is occupying the unit if the indix
household lacks permanent housing.
ii. Sale price. - -A sale of a temporary housing unit under clausf
be at a price that is fair and equitable.
iii. Deposit of proceeds:
Notwithstanding any other provision of law, the proceeds of
under clause (i) shall be deposited in the appropriate Disasl
Fund account.
iv. Hazard and flood insurance. - -A sale of a temporary housinc
clause (i) be made on the condition that the individual or ho
purchasing the housing unit agrees to obtain and maintain t
flood insurance on the housing unit.
v. Use of GSA services. - -The President may use the services
General Services Administration to accomplish a sale undei
B. Other methods of disposal.--If not disposed of under subparagraph
temporary housing unit purchased under this section by the Presid<
purpose of housing disaster victims-
i. may be sold to any person; or
ii. may be sold, transferred, donated, otherwise made availabl
a State or other governmental entity or to a voluntary organi
the sole purpose of providing temporary housing to disaster
major disasters and emergencies if, as a condition of the sa
or donation, the State, governmental agency, or voluntary o
agrees-
I. to comply with the nondiscrimination provisions of sr
and
II. to obtain and maintain hazard and flood insurance o
housing unit.
e. Financial Assistance To Address Other Needs.-
1. Medical, dental, and funeral expenses. - -The President, in consultation with
Governor of a State, may provide financial assistance under this section to
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 37 of 62
maivwauai or nousenoia in me otace wno is aaversery anectea Dy a major a
meet disaster - related medical, dental, funeral expenses.
2. Personal property, transportation, and other expenses.--The President, in c
with the Governor of a State, may provide financial assistance under this s
individual or household described in paragraph (1) to address personal prc
transportation, and other necessary expenses or serious needs resulting fir
major disaster.
f. State Role:
1. Financial assistance to address other needs:
A. Grant to state. -- Subject to subsection (g), a Governor may request
from the President to provide financial assistance to individuals anc
households in the State under subsection (e).
B. Administrative costs. - -A State that receives a grant under subparac
may expend not more than 5 percent of the amount of the grant for
administrative costs of providing financial assistance to individuals
households in the State under subsection (e).
2. Access to records. - -In providing assistance to individuals and households
section, the President shall provide for the substantial and ongoing involve
States in which the individuals and households are located, by providing to
access to the electronic records of individuals and households receiving a:
under this section in order for the States to make available any additional
local assistance to the individuals and households.
g. Cost Sharing.-
1. Federal share. -- Except as provided in paragraph (2), Federal share of the
eligible to be paid using assistance provided under this section shall be 10
2. Financial assistance to address other needs. - -In the case of financial assia
provided under subsection (e)-
A. the Federal share shall be 75 percent; and
B. the non - Federal share shall be paid from funds made available by 1
h. Maximum Amount of Assistance.-
1. In general. - -No individual or household shall receive financial assistance g
$25,000 under this section with respect to a single major disaster.
2. Adjustment of limit.- -The limit established under paragraph (1) shall be adji
annually to reflect changes in the Consumer Price Index for All Urban Con:
published by the Department of Labor.
(i) Rules and Regulations. - -The President shall prescribe rules and regulations to,
this section, including criteria, standards, and procedures for determining eligibility
assistance.
(d) Effective Date. - -The amendments made by this section take effect 18 months
date of enactment of this Ac, or May 1, 2002.
(Pub. L. 106 -390, § 206(a), October 30, 2000, 114 Stat. 1566)
§ 5175. REPEALED. Pub. L. 100 -707, title I, § 105(m)(2), Nov. 23, 1988, 102 Stat. 4696
(Pub. L. 93 -288, title IV, § 409, formerly § 406, May 22, 1974, 88 Stat. 155; renumbered §
L. 100 -707, title I, § 106(e), Nov. 23, 1988, 102 Stat. 4703.)
(Section § 104(c)(2) of the Disaster Mitigation Act of 2000 repealed § 409, P.L. 106 -390, c
2000, 114 Stat. 1559. See § 323.)
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 38 of 62
§ 5177. UNEMPLOYMENT ASSISTANCE (Sec. 410)
a. Unemployment benefit assistance
The President is authorized to provide to any individual unemployed as a result of
disaster such benefit assistance as he deems appropriate while such individual is
unemployed for the weeks of such unemployment with respect to which the individ
entitled to any other unemployment compensation (as that term is defined in secti(
the Internal Revenue Code of 1986 [26 U.S.C. § 85(b)]) or waiting period credit. Si
assistance as the President shall provide shall be available to an individual as Ion(
individual's unemployment caused by the major disaster continues or until the inch
reemployed in a suitable position, but no longer than 26 weeks after the major disi
declared. Such assistance for a week of unemployment shall not exceed the maxis
weekly amount authorized under the unemployment compensation law of the Stab
the disaster occurred. The President is directed to provide such assistance throug
agreements with States which, in his judgment, have an adequate system for adm
such assistance through existing State agencies.
b. Reemployment assistance
1. State assistance
A State shall provide, without reimbursement from any funds provided and
reemployment assistance services under any other law administered by th.
individuals receiving benefits under this section.
2. Federal assistance
The President may provide reemployment assistance services under other
individuals who are unemployed as a result of a major disaster and who re
State which does not provide such services.
(Pub. L. 93 -288, title IV, § 410, tormedy § 407, May 22, 1974, 88 Stat. 156; renumbered §
amended Pub. L. 100 -707, title 1, § 106(e), (0, Nov. 23, 1988, 102 Stat. 4704.)
(NOTE: The following provision is not part of the Stafford Act. It was enacted as part of thi
Agriculture, Conservation, and Trade Act of 1990.1
§ 5177A. EMERGENCY GRANTS TO ASSIST LOW- INCOME MIGRANT AND SEASON,
FARMWORKERS
a. In general
The Secretary of Agriculture may make grants, not to exceed $20,000,000 annuall
agencies or private organizations with tax exempt status under section 501(c)(3) o
Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)], that have experience in proN
emergency services to low- income migrant and seasonal farmworkers where the
determines that a local, State or national emergency or disaster has caused low -ir
migrant or seasonal farmworkers to lose income, to be unable to work, or to stay Y
return home in anticipation of work shortages. Emergency services to be provided
assistance received under this section may include such types of assistance as th
of Agriculture determines to be necessary and appropriate.
b. Definition
For the purposes of this section, the term "low- income migrant or seasonal farmw(
means an individual- -
1 whn ha- H—inn a-, --th— 19 m th ncriM ,uifhin th. nr.,.Hinn 9d
http: / /www.fema.gov /library / stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 39 of 62
.. ." —, .,..��., .. — I.. ...... r - .— .. ......... .��.. r ........, y
period, performed farm work for wages;
2. who has received not less than one -half of such individual's total income, c
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 para!
does not exceed the higher of the poverty level or 70 percent of the lower I
standard income level.
c. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry
section.
(Pub. L. 101 -624, title XXII, Subtitle C, § 2281, Nov. 28, 1990, 104 Stat. 3978.)'
[Note to users: The Disaster Mitigation Act of 2000 repealed the following § 411 of the StE
but § 408, which will replace § 411, does not become effective until 18 months after Octol
2000, or May 1, 2002. Therefore, Section 411 remains in effect until May 1, 2002, and unt
2002 FEMA officials should not make operational decisions based on the following § 408.
expects to publish implementing regulations for § 408 before May 1, 2002.]
§ 5178. INDIVIDUAL AND FAMILY GRANT PROGRAMS (Sec. 411)
a. In general
The President is authorized to make a grant to a State for the purpose of making c
individuals or families adversely affected by a major disaster for meeting disaster -i
necessary expenses or serious needs of such individuals or families in those case
such individuals or families are unable to meet such expenses or needs through a
under other provisions of this Act or through other means.
b. Cost sharing
1. Federal share
The Federal share of a grant to an individual or a family under this section
equal to 75 percent of the actual cost incurred.
2. State contribution
The Federal share of a grant under this section shall be paid only on condi
the remaining 25 percent of the cost is paid to an individual or family from 1
available by a State.
c. Regulations
The President shall promulgate regulations to carry out this section and such regu
shall include national criteria, standards, and procedures for the determination of c
grants and the administration of grants under this section.
d. Administrative expenses
A State may expend not to exceed 5 percent of any grant made by the President b
subsection (a) for expenses of administering grants to individuals and families and
section.
e. Administration through Governor
The Governor of a State shall administer the grant program authorized by this sec
Slate.
f. Limit on grants to individual
No individual or family shall receive grants under this section aggregating more th;
with respect to any single major disaster. Such $10,000 limit shall annually be adjt
rpflart channpc in fho Cnnei impr Prirp Inrlpv fnr All I Irhyn Cnnci imam ni ihlichprl h
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 40 of 62
Department of Labor.
(Pub. L. 93 -288, title IV, § 411, as added Pub. L. 100 -707, title I, § 106(g), Nov. 23, 1988,
4704.)
(Please note: Section 206(c) of the Disaster Mitigation Act of 2000 repealed the above §
106 -390, October 30, 2000, 114 Stat, 1571. Section 411 remains in effect until May 1, 20(
FEMA publishes implementing regulations for § 408).
§ 5179. Food coupons and distribution {Sec. 4121
a. Persons eligible; terms and conditions
Whenever the President determines that, as a result of a major disaster, low -incor
households are unable to purchase adequate amounts of nutritious food, he is aut
under such terms and conditions as he may prescribe, to distribute through the Se
Agriculture or other appropriate agencies coupon allotments to such households p
the provisions of the Food Stamp Act of 1964 (Pub. L. 91 -671; 84 Stat. 2048) [7 U
2011 et seq.] and to make surplus commodities available pursuant to the provisior
Act.
b. Duration of assistance; factors considered
The President, through the Secretary of Agriculture or other appropriate agencies,
authorized to continue to make such coupon allotments and surplus commodities
such households for so long as he determines necessary, taking into consideratioi
factors as he deems appropriate, including the consequences of the major disaste
earning power of the households, to which assistance is made available under thie
c. Food Stamp Act [7 U.S.C. §§ 2011 et seq.] provisions unaffected.
Nothing in this section shall be construed as amending or otherwise changing the
of the Food Stamp Act of 1964 [7 U.S.C. §§ 2011 et seq.] except as they relate to
availability of food stamps in an area affected by a major disaster.
(Pub. L. 93 -288, title IV, § 412, formerly § 409, May 22, 1974, 88 Stat. 157; renumbered §
L. 100 -707, title 1, § 106(h), Nov. 23, 1988, 102 Stat. 4705.)
§ 5180. Food commodities (Sec. 413)
a. Emergency mass feeding
The President is authorized and directed to assure that adequate stocks of food w
and conveniently available for emergency mass feeding or distribution in any area
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 32 of th
August 24, 1935 (7 U.S.C. 612c), to purchase food commodities necessary to pro
adequate supplies for use in any area of the United States in the event of a major
emergency in such area.
(Pub. L. 93 -288, title IV, § 413, fomtedy § 410, May 22, 1974, 88 Stat. 157; renumbered §
L. 100 -707, title 1, § 106(h), Nov. 23, 1988, 102 Stat. 4705.)
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 41 of 62
§ 5181. Relocation assistance (Sec. 414)
Notwithstanding any other provision of law, no person otherwise eligible for any kind of rel
housing payment under the Uniform Relocation Assistance and Real Property Acquisition
Act of 1970 (Pub. L. 91 -646) shall be denied such eligibility as a result of his being unable
of a major disaster as determined by the President, to meet the occupancy requirements
Act.
(Pub. L. 93 -288, title IV, § 414, formerly § 411, May 22, 1974, 88 Stat. 157; renumbered §
L. 100 -707, title 1, § 106(h), Nov. 23, 1988, 102 Star. 4705.)
§ 5182. Legal services (Sec. 415)
Whenever the President determines that low- income individuals are unable to secure leg<
adequate to meet their needs as a consequence of a major disaster, consistent with the g
programs authorized by this Act, the President shall assure that such programs are condc
the advice and assistance of appropriate Federal agencies and State and local bar associ
(Pub. L. 93 -288, title IV, § 415, formerly § 412, May 22, 1974, 88 Stat. 157; renumbered §
L. 100 -707, title 1, § 106(h), Nov. 23, 1988, 102 Stat. 4705.)
§ 5183. Crisis counseling assistance and training (Sec. 416)
The President is authorized to provide professional counseling services, including financit
assistance to State or local agencies or private mental health organizations to provide suc
or training of disaster workers, to victims of major disasters in order to relieve mental heal
problems caused or aggravated by such major disaster or its aftermath.
(Pub. L. 93 -288, title IV, § 416, formerly § 413, May 22, 1974, 88 Stat. 157; renumbered §
L. 100 -707, title 1, § 106(i), Nov. 23, 1988, 102 Stat. 4705.)
[Note to users: The Disaster Mitigation Act of 2000, Sec. 417, Community Disaster Loans,
amended, was effective as of October 30, 2000; on May 4, 2001 FEMA published an inter
implementing this provision, which is currently in force. See 66 FR 22443, May 4, 2001.]
§ 5184. Community disaster loans (Sec. 417)
a. In General.- -The President is authorized to make loans to any local government w
suffer a cuhctantial Insc of tax and nther revenues as a resi dt of a mainr disaster ;
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 42 of 62
demonstrated a need for financial assistance in order to perform its governmental
b. Amount. - -The amount of any such loan shall be based on need, shall not exceed
centum of the annual operating budget of that local government for the fiscal year
the major disaster occur, and shall not exceed $5,000,000.
c. Repayment.-
1. Cancellation.- Repayment of all or any part of such loan to the extent that rf
the local government during the three full fiscal year period following the m
disaster are insufficient to meet the operating budget of the local governmc
including additional disaster - related expenses of a municipal operation cha
be canceled.
2. Condition on continuing eligibility. - -A local government shall not be eligible
assistance under this section during any period in which the local governm
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 o
affect any grants or other assistance under this Act.
(Pub. L. 93 -288, title IV, § 417, formerly § 414(a), (b), May 22, 1974, 88 Stat. 157; renumt
(a), (b), Pub. L. 100 -707, title 1, § 1061J), Nov. 23, 1988, 102 Stat. 4705.)
(Pub. L. 106 -390, § 207, October 30, 2000, 114 Stat. 1571, amended § 417).
COMMUNITY EMERGENCY DROUGHT RELIEF
Pub. L. 95 -31, title I, May 23, 1977, 91 Slat. 169, provided: "That this Act be cited as the'i
Emergency Drought Relief Act of 1977'.
Sec. 101.
a. Upon the application of any State, political subdivision of a State, Indian tribe, or p
private nonprofit organization, the Secretary of Commerce is authorized to make g
loans to applicants in drought impacted areas for projects that implement short-ter
to augment community water supplies where there are severe problems due to wa
shortages. Such assistance may be for the improvement, expansion, or constructi,
supplies, and purchase and transportation of water, which in the opinion of the Se
Commerce will make a substantial contribution to the relief of an existing or threat
drought condition in a designated area.
b. The Secretary of Commerce may designate any area in the United States as an el
drought impact area if he or she finds that a major and continuing adverse drough
exists and is expected to continue, and such condition is causing significant hards
affected areas.
c. Eligible applicants shall be those States or political subdivisions of States with a pi
ten thousand or more. Indian tribes, or public or private nonprofit organizations wit
designated pursuant to subsection (b) of this section.
d. Projects assisted under this Act shall be only those with respect to which assuranc
given to the satisfaction of the Secretary of Commerce that the work can be comp)
April 30, 1978, or within such extended time as the Secretary may approve in exce
circumstances.
Sec. 102. Grants hereunder shall be in an amount not to exceed 50 per centum of allowal
costs. Loans shall be for a term not to exceed 40 years at a per annum interest rate of 5 p
and shall be on such terms and conditions as the Secretary of Commerce shall determine
determining the amount of a grant assistance for any project, the Secretary of Commerce
into consideration such factors as are established by regulation and are consistent with th
of this Act.
Sec. 103. In extending assistance under this Act the Secretary shall take into consideratic
relative needs of applicant areas for the projects for which assistance is requested, and th
appropriateness of the project forrelieving the conditions intended to be alleviated by this.
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 43 of 62
Sec. 104. The Secretary of Commerce shall have such powers and authorities under this
vested in the Secretary by sections 701 and 708 of the Public Works and Economic Deve
Act of 1965, as amended [sections 3211 and 3218 of this title], with respect to that Act [se
at seq. of this title].
Sec. 105. The National Environmental Protection Act of 1969, as amended [section 4321
this title], shall be implemented to the fullest extent consistent with but subject to the time
imposed by this Act, and the Secretary of Commerce when making the final determinatior
an application for assistance hereunder shall give consideration to the environmental con:
determined within that period.
Sec. 106.
a. There is hereby authorized to be appropriated for the fiscal year ending Septembe
$225,000,000 of which sum $150,000,000 is to be for the loan program herein, inc
administration thereof, and $75,000,000 of which is to be used for the grant progrr
including administration thereof, and such additional amounts for the fiscal yearer
September 30, 1978, as may be reasonably needed for administrative expenses it
monitoring and closing out the program authorized by the Act. Funds authorized b
shall be obligated by December 31, 1977.
b. Funds available to the Secretary for this Act shall be available for expenditure for c
impact projects conducted heretofore by eligible applicants during fiscal year 1977
projects are found to be compatible with the broad purposes of this Act."
§ 5185. Emergency communications (Sec. 418)
The President is authorized during, or in anticipation of an emergency or major disaster tc
temporary communications systems and to make such communications available to State
government officials and other persons as he deems appropriate.
(Pub. L. 93 -288, title IV, § 418, formerly § 415, May 22, 1974, 88 Stat. 158; renumbered §
L. 100 -707, title 1, § 106U), Nov. 23, 1988, 102 Stat. 4705.)
§ 5186. Emergency public transportation (Sec. 419)
The President is authorized to provide temporary public transportation service in an area
a major disaster to meet emergency needs and to provide transportation to governmental
supply centers, stores, post offices, schools, major employment centers, and such other F
may be necessary in order to enable the community to resume its normal pattern of life a:
possible.
(Pub. L. 93 -288, title IV, § 419, formerly § 416, May 22, 1974, 88 Stat. 158; renumbered §
L. 100 -707, title 1, § 1066), Nov. 23, 1988, 102 Stat. 4705.)
Note to users: Section 303 of the Disaster Mitigation Act of 2000, amended §420, Fire Ma
Assistance, which takes effect on October 30, 2001. Until FEMA publishes new implemen
regulations, §420, Fire Suppression Grants, remains in effect. FEMA expects to publish
implementing regulations for § 420 before October 30, 2001.
§ 5187. Fire suppression grants (Sec. 420)
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 44 of 62
The President is authorized to provide assistance, including grants, equipment, supplies,
personnel, to any State for the suppression of any fire on publicly or privately owned fores
grassland which threatens such destruction as would constitute a major disaster.
t '.0. L. 93 -288, title IV, § 420, formerly § 417, May 22, 1974, 88 Stat. 158, renumbered §
L. 100 -707, title 1, § 1066), Nov. 23, 1988, 102 Stat. 4705.)
[NEW Section 420] § 5187. FIRE MANAGEMENT ASSISTANCE. (Sec. 420)
a. In General.- -The President is authorized to provide assistance, including grants, e
supplies, and personnel, to any State or local government for the mitigation, mana
and control of any fire on public or private forest land or grassland that threatens s
destruction as would constitute a major disaster.
b. Coordination With State and Tribal Departments of Forestry. - -In providing assistar
this section, the President shall coordinate with State and tribal departments of for
c. Essential Assistance. - -In providing assistance under this section, the President m;
authority provided under section 403.
d. Rules and Regulations.--The President shall prescribe such rules and regulations
necessary to carry out this section.
(Pub. L. 106 -390, § 303(a), October 30, 2000, 114 Stat. 1572)
I
r
§ 5188. Timber sale contracts (Sec. 421)
a. Cost - sharing arrangement
Where an existing timber sale contract between the Secretary of Agriculture or the
of the Interior and a timber purchaser does not provide relief from major physical c
due to negligence of the purchaser prior to approval of construction of any section
specified road or of any other specified development facility and, as a result of a n
disaster, a major physical change results in additional construction work in connec
such road or facility by such purchaser with an estimated cost, as determined by ll
appropriate Secretary, (1) of more than $1,000 for sales under one million board fr
more than $1 per thousand board feet for sales of one to three million board feet,
more than $3,000 for sales over three million board feet, such increased construct
shall be borne by the United States.
i
b. Cancellation of authority
i
If the appropriate Secretary determines that damages are so great that restoration
reconstruction, or construction is not practical under the cost - sharing arrangement
by subsection (a) of this section, he may allow cancellation of a contract entered it
Department notwithstanding contrary provisions therein.
c. Public notice of sale
The Secretary of Agriculture is authorized to reduce to seven days the minimum p
advance public notice required by the first section of the Act of June 4, 1897 (16 U
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 are
State damaged by a major disaster, (2) the sale of such timber will assist in sustaii
economy of such area, or (3) the sale of such timber is necessary to salvage the v
timber damaged in such major disaster or to protect undamaged timber.
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 45 of 62
d. State grants for removal of damaged timber; reimbursement of expenses limited t(
value of removed timber.
The President, when he determines it to be in the public interest, is authorized to r
to any State or local government for the purpose of removing from privately owner
timber damaged as a result of a major disaster, and such Stale or local governmei
authorized upon application, to make payments out of such grants to any person f
reimbursement of expenses actually incurred by such person in the removal of dial
timber, not to exceed the amount that such expenses exceed the salvage value of
timber.
(Pub. L. 93 -288, title IV, § 421, formerly § 418, May 22, 1974, 88 Stat. 158, renumbered §
L. 100 -707, title I, § 1066), Nov. 23, 1988, 102 Stat. 4705.)
§ 5189. Simplified procedure (Sec. 422)
If the Federal estimate of the cost of --
1. repairing, restoring, reconstructing, or replacing under section 406 [42 U.S.C. § 51
damaged or destroyed public facility or private nonprofit facility,
2. emergency assistance under section 403 or 502 [42 U.S.C. § 5170b or 5192], or
3. debris removed under section 407 [42 U.S.C. § 5173],
is less than $35,000, the President (on application of the State or local government or the
operator of the private nonprofit facility) may make the contribution to such Stale or local (,
or owner or operator under section 403, 406, 407, or 502 [42 U.S.C. § 5170b, 5172, 5173
as the case may be, on the basis of such Federal estimate. Such $35,000 amount shall b
annually to reflect changes in the Consumer Price Index for All Urban Consumers publish
Department of Labor.
(Pub. L. 93 -288, title IV, § 422, as added Pub. L. 100 -707, title 1, § 106(k), Nov. 23, 1988,
4705.)
§ 5189a. APPEALS OF ASSISTANCE DECISIONS (Sec. 423)
a. Right of appeal
Any decision regarding eligibility for, from, or amount of assistance under this title
§§ 5170 et seq.] may be appealed within 60 days after the date on which the appli
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) shall be rendered within 90 d
the date on which the Federal official designated to administer such appeals recei
of such appeal.
c. Rules
The President shall issue rules which provide for the fair and impartial considerati(
appeals under this section.
(Pub. L. 93 -288, title IV, § 423, as added Pub. L. 100 -707, title I, § 106(1), Nov. 23, 1988,
4705.)
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 46 of 62
§ 5189B. DATE OF ELIGIBILITY; EXPENSES INCURRED BEFORE DATE OF DISASTE
424)
Eligibility for Federal assistance under this subchapter shall begin on the date of the occu
the event which results in a declaration by the President that a major disaster exists; exce
reasonable expenses which are incurred in anticipation of and immediately preceding suc
may be eligible for Federal assistance under this Act.
(Pub. L. 93 -288, title IV, § 424, as added Pub. L. 100 -707, title I, § 106(l), Nov. 23, 1988,
4706.)
SUBCHAPTER IV -A -- EMERGENCY ASSISTANCE PROGRAMS
§ 5191. PROCEDURE FOR DECLARATION (Sec. 501)
a. Request and declaration
All requests for a declaration by the President that an emergency exists shall be rr
Governor of the affected State. Such a request shall be based on a finding that IN
is of such severity and magnitude that effective response is beyond the capabilitie
State and the affected local governments and that Federal assistance is necessar
of such request, and as a prerequisite to assistance under this Act, the
shall take appropriate action under State law and direct execution of the State's er
plan. The Governor shall furnish information describing the State and local efforts
resources which have been or will be used to alleviate the emergency, and will del
type and extent of Federal aid required. Based upon such Governor's request, the
may declare that an emergency exists.
b. Certain emergencies involving Federal primary responsibility
The President may exercise any authority vested in him by section 502 or section
U.S.C. § 5192 or § 51931 with respect to an emergency when he determines that
emergency exists for which the primary responsibility for response rests with the U
States because the emergency involves a subject area for which, under the Const
laws of the United States, the United States exercises exclusive or preeminent res
and authority. In determining whether or not such an emergency exists, the Presid
consult the Governor of any affected State, if practicable. The President's determii
be made without regard to subsection (a).
(Pub. L. 93 -288, title V, § 501, as added Pub. L. 100 -707, title 1, § 107(a), Nov. 23, 1988,
4706.)
§ 5192. Federal emergency assistance (Sec. 502)
a. Specified
In any emergency, the President may --
1. direct any Federal agency, with or without reimbursement, to utilize its autt
the resources granted to it under Federal law (including personnel, equipm
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 47 of 62
supplies, facilities, and managerial, technical and advisory services) in sup
State and local emergency assistance efforts to save lives, protect propert,
public health and safety, and lessen or avert the threat of a catastrophe;
2. coordinate all disaster relief assistance (including voluntary assistance) pr(
Federal agencies, private organizations, and State and local governments;
3. provide technical and advisory assistance to affected State and local govei
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 suc
information;
D. provision of health and safety measures; and
E. management, control, and reduction of immediate threats to public
safety;
4. provide emergency assistance through Federal agencies;
5. remove debris in accordance with the terms and conditions of section 407
§ 5173];
6. provide assistance in accordance with section 408 [42 U.S.C. § 5174]; and
106 -390, § 206(b), October 30, 2000)]
7. assist State and local governments in the distribution of medicine, food, an
consumable supplies, and emergency assistance.
b. General
Whenever the Federal assistance provided under subsection (a) with respect to al
emergency is inadequate, the President may also provide assistance with respect
save lives, protect property and public health and safety, and lessen or avert the tl
catastrophe.
(Pub. L. 93 -288, title V, § 502, as added Pub. L. 100 -707, title 1, § 107(a), Nov. 23, 1988,
4706.)
§ 5193. Amount of assistance (Sec. 503)
a. Federal share
The Federal share for assistance provided under this title [42 U.S.C. §§ 5191 et s(
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 ti
U.S.C. §§ 5191 et seq.] for a single emergency shall not exceed $5,000,OC
2. Additional assistance
The limitation described in paragraph (1) may be exceeded when the Presi
determines that --
A. continued emergency assistance is immediately required;
B. there is a continuing and immediate risk to lives, property, public he
safety; and
C. necessary assistance will not otherwise be provided on a timely ba!
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 48 of 62
3. Report
Whenever the limitation described in paragraph (1) is exceeded, the Presic
report to the Congress on the nature and extent of emergency assistance
requirements and shall propose additional legislation if necessary.
(Pub. L. 93 -288, title V, § 503, as added Pub. L. 100 -707, title 1, § 107(a), Nov. 23, 1988,
4707.)
SUBCHAPTER VI - -- EMERGENCY PREPAREDNESS
[Added by October 5, 1994 , Pub. L. 103 -337, Title VI]
Sec.
601. Declaration of policy.
602. Definitions.
603. Administration of subchapter.
Powers and Duties
611. Detailed functions of administration
612. Mutual aid pacts between States and neighboring countries
613. Contributions for personnel and administrative expenses
614. Requirement for State matching funds for construction of emergency operating cente
615. Use of funds to prepare for and respond to hazards
General Provisions
621. Administrative authority
622. Security regulations
623. Use of existing facilities.
624. Annual report to Congress.
625. Applicability of subchapter.
626. Authorization of appropriations and transfers of funds.
627. Relations to Atomic Energy Act of 1954.
628. Federal Bureau of Investigation.
3412. Repeal of Federal Civil Defense Act of 1950.
TITLE 1 -- GENERAL PROVISIONS
§ 601. DECLARATION OF POLICY (42 U.S.C. 5195).
The purpose of this Act is to provide a system of emergency preparedness for the protecti
and property in the United States from hazards and to vest responsibility for emergency
preparedness jointly in the Federal Government and the several States and their political
subdivisions. The Congress recognizes that the organizational structure established jointl,
Federal Government and the several States and their political subdivisions for emergency
preparedness purposes can be effectively utilized to provide relief and assistance to peop
of the United States struck by a hazard. The Federal Government shall provide necessary
coordination, and guidance and shall provide necessary assistance as authorized in this F
a comprehensive emergency preparedness system exists for all hazards.
§ 602. DEFINITIONS (42 U.S.C. 5195a).
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 49 of 62
a. Definitions. For the purposes of this subchapter only --
1. Hazard. - -The term 'hazard' means an emergency or disaster resulting from
1. a natural disaster; or
2. an accidental or man - caused event.
2. Natural disaster.- -The term "natural disaster' means any hurricane, tornad
flood, high water, wind - driven water, tidal wave, tsunami, earthquake, volca
eruption, landslide, mudslide, snowstorm, drought, fire, or other catastroph
part of the United States which causes, or which may cause, substantial d:
injury to civilian property or persons.
3. Emergency preparedness. The term 'emergency preparedness' means all
activities and measures designed or undertaken to minimize the effects of
upon the civilian population, to deal with the immediate emergency conditi(
would be created by the hazard, and to effectuate emergency repairs to, of
emergency restoration of, vital utilities and facilities destroyed or damaged
hazard. Such term includes the following:
A. Measures to be undertaken in preparation for anticipated hazards (
the establishment of appropriate organizations, operational plans, e
supporting agreements, the recruitment and training of personnel, t
of research, the procurement and stockpiling of necessary material
supplies, the provision of suitable warning systems, the constructio
preparation of shelters, shelter areas, and control centers, and, wht
appropriate, the nonmilitary evacuation of civil population).
B. Measures to be undertaken during a hazard (including the enforcer
passive defense regulations prescribed by duly established military
authorities, the evacuation of personnel to shelter areas, the contra
and panic, and the control and use of lighting and civil communicat
C. Measures to be undertaken following a hazard (including activities I
fighting, rescue, emergency medical, health and sanitation service:
monitoring for specific dangers of special weapons, unexploded bo
reconnaissance, essential debris clearance, emergency welfare me
and immediately essential emergency repair or restoration of dama
facilities).
4. Organizational equipment. - -The term "organizational equipment" means e(
determined by the Director to be (1) necessary to a organization, as distinc
from personal equipment, and (2) of such a type or nature as to require it G
financed in whole or in part by the Federal Government. It shall not be con:
include those items which the local community normally utilizes in combatil
disasters except when required in unusual quantities dictated by the requir
the emergency preparedness plans.
5. Materials. - -The word "materials" shall include raw materials, supplies, med
equipment, component parts and technical information and processes neo
emergency preparedness.
6. Facilities. - -The term "facilities ", except as otherwise provided in this subcN
include buildings, shelters, utilities, and land.
7. Director. The term 'Director means the Director of the Federal Emergency
Management Agency.
8. Neighboring countries. The term 'neighboring countries' includes Canada
9. United States and States. - -The terms 'United States' and 'States' includes'
States, the District of Columbia, and territories and possessions of the Unit
10. State. - -The term 'State' includes interstate emergency preparedness authe
established under section 611(h).
b. Cross Reference - -The terms'national defense' and 'defense,' as used in the Defe
Production Act of 1950 (50 U.S.C. App. 2061 et seq.), includes emergency prepan
activities conducted pursuant to this title.
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 50 of 62
§603. ADMINISTRATION OF SUBCHAPTER (42 U.S.C. 5195b).
This subchapter shall be carried out by the Director of the Federal Emergency Manageme
POWERS AND DUTIES
§611. DETAILED FUNCTIONS OF ADMINISTRATION. (42 U.S.C. 5196).
a. In General.--In order to carry out the policy described in section 601, the Director
the authorities provided in this section.
b. Federal Emergency Response Plans and Programs. - -The Director may prepare F
response plans and programs for the emergency preparedness of the United State
sponsor and direct such plans and programs. To prepare such plans and program
coordinate such plans and programs with State efforts, the Director may request s
on State plans and operations for emergency preparedness as may be necessary
President, the Congress and the several States advised of the status of emergent
preparedness in the United States;
c. Delegation of emergency preparedness responsibilities. - -With the approval of the
the Director may delegate to the several departments and agencies of the Federal
Government appropriate emergency preparedness responsibilities, and review an
coordinate the emergency preparedness activities of the departments and agencie
each other and with the activities of the States and neighboring countries.
d. Communications and warnings. - -The Director may make appropriate provision for
communications and for dissemination of warnings to the civilian population of an
natural disaster;
e. Emergency preparedness measures. - -The Director may study and develop emerg
preparedness measures designed to afford adequate protection of life and properl
including,
1. research and studies as to the best methods of treating the effects of haza
2. developing shelter designs and materials for protective covering or constru
3. developing equipment or facilities and effecting the standardization thereof
emergency preparedness requirements;
f. Training programs. --
1. The Director may --
A. conduct or arrange, by contract or otherwise, for training programs
instruction of emergency preparedness officials and other persons
organization, operation, and techniques of emergency preparedne:
B. conduct or operate schools or classes, including the payment of tra
expenses, in accordance with subchapter I of chapter 57 of title 5, 1
States Code, and the Standardized Government Travel Regulation:
diem allowances, in lieu of subsistence for trainees in attendance e
furnishing of subsistence and quarters for trainees and instructors c
prescribed by the Director; and
C. provide instructors and training aids as deemed necessary:
2. The terms prescribed by the Director for the payment of travel expenses at
allowances authorized by this subsection shall include a provision that suc
shall not exceed one -half of the total cost of such expenses:
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 51 of 62
3. The Director may lease real property required for the purpose of carrying o
subsection, but may not acquire fee title to property unless specifically autl
law;
g. Public dissemination of emergency preparedness information. - -The Director may I
disseminate appropriate emergency preparedness information by all appropriate n
h. Interstate emergency preparedness compacts.--
1. The Director may --
A. assist and encourage the States to negotiate and enter into interstE
emergency preparedness compacts;
B. review the terms and conditions of such proposed compacts in ordr
to the extent feasible in obtaining uniformity therein and consistenc
national emergency preparedness plans and programs;
C. assist and coordinate the activities under such compacts;
D. aid and assist in encouraging reciprocal emergency preparedness
by the States which will permit the furnishing of mutual aid for emer
preparedness purposes in the event of hazard which cannot be ade
met or controlled by a State or political subdivision thereof threaten
experiencing a hazard.
2. A copy of each emergency preparedness compact shall be transmitted pro
the Senate and the House of Representatives. The consent of the Congre!
deemed to be granted to each such compact upon the expiration of the 60
beginning on the date on which the compact is transmitted to Congress.
3. Nothing in this subsection shall be construed as preventing Congress from
disapproving or withdrawing at any time its consent to any interstate emerc
preparedness compact;
I. Materials and facilities.- -
1. The Director may procure by condemnation or otherwise, construct, lease,
store, maintain, renovate or distribute materials and facilities for emergenc
preparedness, with the right to take immediate possession thereof.
2. Facilities acquired by purchase, donation, or other means of transfer may I
occupied, used, and improved for the purposes of this Act subchapter [sec
to 2303 of this Appendix], prior to the approval of title by the Attorney Gene
required by section 355 of the Revised Statutes, as amended (40 U.S.C. 2
3. The Director may lease real property required for the purpose of carrying o
provisions of this subsection, but shall not acquire fee title to property unle:
specifically authorized by law.
4. The Director may procure and maintain under this subsection radiological,
bacteriological, and biological agent monitoring and decontamination devic
distribute such devices by loan or grant to the States for emergency prepai
purposes, under such terms and conditions as the Director shall prescribe.
j. Financial contributions. --
The Director may make financial contributions, on the basis of programs of
approved by the Director, to the States for emergency preparedness purpc
including the, procurement, construction, leasing, or renovating of material
facilities. Such contributions shall be made on such terms or conditions as
Director shall prescribe, including, but not limited to, the method of purchat
quantity, quality, or specifications of the materials or facilities, and such ott
or care or treatment to assure the uniformity, availability, and good conditic
materials or facilities.
2. No contributions shall be made for the procurement of land or for the purcl
personal equipment for State or local emergency preparedness workers.
3. The amounts authorized to be contributed by the Director to each State for
organizational equipment shall be equally matched by such Slate from any
determines is consistent with its laws.
' http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 52 of 62
4. Financial contributions to the States for shelters and other protective faciliti
determined by taking the amount of funds appropriated or available to the I
such facilities in each fiscal year and apportioning same among the States
which the urban population of the critical target areas (as determined by th
in each State, at the time of the determination, bears to the total urban pop
the critical target areas of all of the States.
5. The amounts authorized to be contributed by the Director to each State for
shelters and protective facilities shall be equally matched by such State fro
source it determines is consistent with its laws and, if not matched within a
reasonable time, the Director may reallocate such amounts to other States
formula described in paragraph (4). The value of any land contributed by a
political subdivision thereof shall be excluded from the computation of the
under this subsection.
6. The amounts paid to any State under this subsection shall be expended sc
carrying out the purposes set forth herein and in accordance with State err,
preparedness programs or projects approved by the Director. The Director
no contribution toward the cost of any program or project for the procurem(
construction, or leasing of any facility which (A) is intended for use, in whol
for any purpose other than emergency preparedness and (B) is of such kin
completion it will, in the judgment of the Director, be capable of producing :
revenue to provide reasonable assurance of the retirement or repayment o
except that (subject to the preceding provisions of this subsection) the Dire
make a contribution to any State toward that portion of the cost of the cons
reconstruction, or enlargement of any facility which the Director determine:
directly attributable to the incorporation in such facility of any feature of cor
or design not necessary for the principal intended purpose thereof but whit
judgment of the Director, necessary for the use of such facility for emerger
preparedness purposes.
7. The Director shall submit to Congress a report, at least annually, regarding
contributions made pursuant to this subsection.
8. All laborers and mechanics employed by contractors or subcontractors in t
performance of construction work financed with the assistance of any conti
Federal funds made by the Director under the provisions of this section shy
wages at rates not less than those prevailing on similar construction in the
determined by the Secretary of Labor in accordance with the Act of March
(commonly known as the Davis -Bacon Act, (40 U.S.C. 276a- 276a -5), and e
employee shall receive compensation at a rate not less than one and one -I
his basic rate of pay for all hours worked in any workweek in excess of eigl
any workday or forty hours in the workweek, as the case may be. The Direi
make no contribution of Federal funds without first obtaining adequate asst
these labor standards will be maintained upon the construction work. The
Labor shall have, with respect to the labor standards specified in this provi:
authority and functions set forth in Reorganization Plan Numbered 14 of 1 f
U.S.C. App.) and section 2 of the Act of June 13, 1934, (40 U.S.C. 276(c)).
k. Sale or disposal of certain materials and facilities. - -The Director may arrange for ti
disposal of materials and facilities found by the Director to be unnecessary or unsi
emergency preparedness purposes in the same manner as provided for excess pr
the Federal Property and Administrative Services Act of 1949, (40 U.S.C. 471 at s
funds received as proceeds from the sale or other disposition of such materials an
shall be deposited into the Treasury as miscellaneous receipts.
Sec. 612. Mutual aid pacts between States and neighboring countries. (42 U.S.C. 51!
The Director shall give all practicable assistance to States in arranging, through the Depa
State, mutual emergency preparedness aid between the States and neighboring countrief
http: / /www.f6ma.gov /library/stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 53 of 62
Sec. 613. Contributions for personnel and administrative expenses. (42 U.S.C. 51961
a. General authority. - -To further assist in carrying out the purposes of this subchapte
Director may make financial contributions to the States (including interstate author
established pursuant to section 611(h) for necessary and essential State and loca
emergency management personnel and administrative expenses, on the basis of
plans (which shall be consistent with the Federal emergency response plans for el
preparedness) for the emergency preparedness of the States. The financial contril
the States under this section shall not exceed one -half of the total cost of such ner
essential State and local emergency preparedness personnel and administrative e
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
supervised by a single State agency;
2. provide that the Stale shall share the financial assistance with that provide
Federal Government under this section from any source determined by it t<
consistent with State law;
3. provide for the development of State and local emergency preparedness o
plans, pursuant to standards approved by the Director,
4. provide for the employment of a full -time emergency preparedness director
director, by the Stale;
5. provide that the Stale shall make such reports in such form and content as
Director may require; and
6. make available to duly authorized representatives of the Director and the C
General, books, records, and papers necessary to conduct audits for the p
this section.
c. Terms and conditions - -The Director shall establish such other terms and conditioi
Director considers necessary and proper to carry out this section.
d. Application of other provisions.--in carrying out this section, the provisions of secti
and 612(h) shall apply.
e. Allocation of funds. - -For each fiscal year concerned, the Director shall allocate to r
in accordance with regulations and the total sum appropriated under this subchapl
amounts to be made available to the States for the purposes of this section. Regul
governing allocations to the States shall give due regard to (1) the criticality of the
support areas and the areas which may be affected by natural disasters with respf
development of the total emergency preparedness readiness of the Nation, (2) the
state of development of emergency preparedness readiness of the State, (3) popu
(4) such other factors as the Director shall prescribe. The Director may reallocate i
of any allocation not utilized by a State in an approvable plan submitted hereunder
paid to any Slate or political subdivision under this section shall be expended sole
purposes set forth in this section.
f. Submission of plan. - -If a State fails to submit a approvable plan for approval as re.
this section within sixty days after the Director notifies the States of the allocations
section, the Director may reallocate such funds, or portions thereof, among the ott
in such amounts as, in the judgment of the Director will best assure the adequate
development of the emergency preparedness capability of the Nation.
g. Annual reports. - -The Director shall report annually to the Congress all contribution
pursuant to this section.
Sec. 614. Requirement for State matching funds for construction of emergency opei
centers. (42 U.S.C. 5196c).
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 54 of 62
Notwithstanding any other provision of this subchapter, funds appropriated to carry out thi
subchapter may not be used for the purpose of constructing emergency operating centers
facilities) in any State unless such State matches in an equal amount the amount made a
such State under this subchapter for such purpose.
Sec. 615. Use of funds to prepare for and respond to hazards. (42 U.S.C. 5196d).
Funds made available to the States under this subchapter may be used by the States for
purposes of preparing for, and providing emergency assistance in response to hazards. R
prescribed to carry out this section shall authorize the use of emergency preparedness pe
materials, and facilities supported in whole or in part through contributions under this sub(
emergency preparedness activities and measures related to hazards.
General Provisions
Sec. 621. Administrative authority. (42 U.S.C. 5197).
a. In General. For the purpose of carrying out the powers and duties to the Director u
title, the Director may exercise the administrative authorities provided under this s(
b. Advisory personnel. --
The Director may employ not more than one hundred such part-time or temporary
personnel (including not to exceed twenty -five subjects of the United Kingdom and
Dominion of Canada) as are deemed necessary in carrying out the provisions of tf
2. Persons holding other offices or positions under the United States for whit
receive compensation, while serving as members of such committees, sha
no additional compensation for such service. Other part-lime or temporary
personnel so employed may serve without compensation or may receive
compensation at a rate not to exceed $180 for each day of service, as dete
the Director:
c. Services of other agency personnel and volunteers. The Director may
1. use the services of Federal agencies and, with the consent of any State or
government, accept and use the services of State and local civil agencies;
2. establish and use such regional and other offices as may be necessary;
3. use such voluntary and uncompensated services by individuals or organiz:
may from time to time be needed.;
d. Gifts. -- Notwithstanding any other provision of law, the Director may accept gifts of
equipment, and facilities; and utilize use or distribute same for purposes in accord
the provisions of this subchapter.
e. Reimbursement. - -The Director may reimburse any Federal agency for any of its e)
or for compensation of its personnel and use or consumption of its materials and f
under this subchapter to the extent funds are available;
f. Printing. - -The Director may purchase such printing, binding, and blank -book work
commercial, or private printing establishments or binderies as the Director may de
necessary upon orders placed by the Public Printer or upon waivers issued in acct
with section 504 of title 44, United States Code.
g. Rules and regulations. - -The Director may prescribe such rules and regulations as
necessary and proper to carry out any of the provisions of this subchapter, and pe
�[�L ... .. JJ. J: ..:J�J L..[L:.....L ♦L- .....L .... ...:IL �L.. ..:J ..[�...
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 55 of 62
m uie PUWUIi auu uuues Piuvweu uy uns suuteiepeei uuuuyn ui Willi uie aw ui sw
of the Federal Emergency Management Agency as the Director may designate.
h. Failure to expend contributions correctly. -- When, after reasonable notice and opp
hearing to the State or other person involved, the Director finds that there is a failu
expend funds in accordance with the regulations, terms, and conditions establishe
this subchapter for approved emergency preparedness plans, programs, or projec
Director may notify such Slate or person that further payments will not be made to
or person from appropriations under this subchapter (or from funds otherwise avai
the purposes of this subchapter for any approved plan, program, or project with re .
which there is such failure to comply) until the Director is satisfied that there will n<
any such failure.
2. Until so satisfied, the Director shall either withhold the payment of any final
contribution to such Slate or person or limit payments to those programs o
with respect to which there is substantial compliance with the regulations, I
conditions governing plans, programs, or projects hereunder.:
3. As used in this subsection, the term 'person' means the political subdivisioi
State or combination or group thereof or any person, corporation, associali
other entity of any nature whatsoever, including instrumentalities of States
political subdivisions.
§ 622. Security Regulations. (42 U.S.C. 5197a).
a. Establishment. The Director shall establish such security requirements and safegt
including restrictions with respect to access to information and property as the Din
deems necessary.
b. Limitation on Employee access to information.--No employee of the Federal Emer!
Management Agency shall be permitted to have access to information or property
respect to which access restrictions have been established under this section, unt
have been determined that no information is contained in the files of the Federal E
Investigation or any other investigative agency of the Government indicating that s
employee is of questionable loyalty or reliability for security purposes, or if any suc
information is so disclosed, until the Federal Bureau of Investigation shall have co
full field investigation concerning such person and a report thereon shall have bee
in writing by the Director.
c. National Security Positions.--No employee of the Federal Emergency Managemen
shall occupy any position determined by the Director to be of critical importance fn
standpoint of national security until a full field investigation concerning such ample
have been conducted by the Director of the Office of Personnel Management and
thereon shall have been evaluated in writing by the Director of the Federal Emerge
Management Agency. In the event such full field investigation by the Office of Per;
Management develops any data reflecting that such applicant for a position of criti
importance is of questionable loyalty or reliability for security purposes, or if the Di
the Federal Emergency Management Agency for any other reason shall deem it tc
advisable, such investigation shall be discontinued and a report thereon shall be n
the Director of the Federal Emergency Management Agency for evaluation in writh
Thereafter the Director of the Federal Emergency Management Agency may refer
to the Federal Bureau of Investigation for the conduct of a full field investigation by
Bureau. The result of such latter investigation by such Bureau shall be furnished t(
Director of the Federal Emergency Management Agency for action.
d. Employee Oaths.--Each Federal employee of the Federal Emergency Managemer
except the subjects of the United Kingdom and the Dominion of Canada specified
621(b) of this subchapter shall execute the loyalty oath or appointment affidavits p
by the Director of the Office of Personnel Management. Each person other than a
employee who is appointed to serve in a State or local organization for shall befon
upon his duties, take an oath in writing before a person authorized to administer o;
oath shall be substantially as follows:
do solemnly swear (or affirm) that I will support and d
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 56 of 62
UVI IOIIIUIIUII UI II IU U IILUU JCd ICS dga 11 IM GII U1 Iul I II CJ, IUI VlyII dl lU UUII mbtlu, uIdl I'
true faith and allegiance to the same; that I take this obligation freely, without any i
reservation or purpose of evasion; and that I will well and faithfully discharge the d
which I am about to enter. "And I do further swear (or affirm) that I do not advocate
a member or an affiliate of any organization, group, or combination of persons tha
the overthrow of the Government of the United States by force or violence; and the
such time as I am a member of the (name of emergency preparedness organizatic
not advocate nor become a member or an affiliate of any organization, group, or c
of persons that advocates the overthrow of the Government of the United States b
violence."
After appointment and qualification for office, the director of emergency preparedn
State, and any subordinate emergency preparedness officer within such State des
the director in writing, shall be qualified to administer any such oath within such St
such regulations as the director shall prescribe. Any person who shall be found gu
having falsely taken such oath shall be punished as provided in section 1621 of Ti
United States Code .
§ 623. USE OF EXISTING FACILITIES (42 U.S.C. 5197b).
In performing duties under this subchapter, the Director-
1. shall cooperate with the various departments and agencies of the Government;
2. shall use, to the maximum extent, the existing facilities and resources of the Fedel
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
any other Federal department or agency unless the Director, with the written appr(
President, shall determine that such duplication is necessary to accomplish the pu
this subchapter.
§ 624. ANNUAL REPORT TO CONGRESS (42 U.S.C. 5197c)
The Director shall annually submit a written report to the President and Congress coverin(
expenditures, contributions, work, and accomplishments of the Federal Emergency Mana!
Agency, pursuant to this subchapter, accompanied by such recommendations as the Dire
considers appropriate.
§ 625. APPLICABILITY OF SUBCHAPTER. (42 U.S.C. 5197d).
The provisions of this subchapter shall be applicable to the United States, its States, Terri
possessions, and the District of Columbia, and their political subdivisions.
§ 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFER OF FUNDS.(42 U.S.
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 57 of 62
a. There are authorized to be appropriated such sums as may be necessary to carry
provisions of this subchapter.
b. Funds made available for the purposes of this subchapter maybe allocated or trar
any of the purposes of this subchapter, with the approval of the Office of Managen
Budget, to any agency or government corporation designated to assist in carrying
subchapter. Each such allocation or transfer shall be reported in full detail to the C
within thirty days after such allocation or transfer.
§ 627. Relations to Atomic Energy Act of 1954. (42 U.S.C. 5197f).
Nothing in this subchapter shall be construed to amend or modify the provisions of the At(
Energy Act of 1954 (42 U.S.C. 2011 et seq.)
§ 628. Federal Bureau of Investigation. (42 U.S.C. 5197g).
Nothing in this subchapter shall be construed to authorize investigations of espionage, sa
subversive ads by any persons other than personnel of the Federal Bureau of Investigati(
SUBCHAPTER VII -- MISCELLANEOUS
§ 5201. Rules and regulations (Sec.701)
1. The President may prescribe such rules and regulations as may be neees(
proper to carry out any of the provisions of this Act, and he may exercise a
authority conferred on him by any section of this Act either directly or throu
Federal agency or agencies as he may designate.
2. Deadline for payment of assistance. Rules and regulations authorized by p
(1) shall provide that payment of any assistance under this Act to a State s
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 accef
bequests, gifts, or donations of service, money, or property, real, personal, or mix(
or intangible. All sums received under this subsection shall be deposited in a sepa
on the books of the Treasury and shall be available for expenditure upon the certif
the President or his delegate. At the request of the President or his delegate, the
the Treasury may invest and reinvest excess monies in the fund. Such investment
in public debt securities with maturities suitable for the needs of the fund and shall
interest at rates determined by the Secretary of the Treasury, taking into consider
current market yields on outstanding marketable obligations of the United States c
comparable maturities. The interest on such investments shall be credited to, and
of, the fund.
(Pub. L. 93 -288, title Vl, § 601, May 22, 1974, 88 Stat. 163; Pub. L. 96 -446, Oct, 13, 1980
1893; Pub. L. 100 -707, title 1, § 108(a), Nov. 23, 1988, 102 Stat. 4707.)
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 58 of 62
§ 5202. REPEALED. Pub. L. 100 -707, title I, § 108(c), Nov. 23, 1988, 102 Stat. 4708
Section, Pub. L. 93 -288, title VI, § 606, May 22, 1974, 88 Stat. 164; Pub. L. 95-51, § 1, Ju
1977, 91 Stat. 233; Pub. L. 96 -568, § 2, Dec. 22, 1980, 94 Stat. 3334, authorized the apps
of such sums as necessary to carry out this chapter through the close of Sept. 30, 1981.
§ 5203. EXCESS DISASTER ASSISTANCE PAYMENTS AS BUDGETARY EMERGENC
REQUIREMENTS
Beginning in fiscal year 1993, and in each year thereafter, notwithstanding any other prov
all amounts appropriated for disaster assistance payments under the Robert T. Stafford D
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that are in excess of either
historical annual average obligation of $320,000,000, or the amount submitted in the Pres
initial budget request, whichever is lower, shall be considered as "emergency requirement
to section 901(b)(2)(D) of title 2, and such amounts shall hereafter be so designated.
(Dec. 12, 1991, Pub. L. 102 -229, Title I, Ch. 11, 105 Stat. 1711.)
[This section was enacted as part of the Dire Emergency Supplemental Appropriations an
for Relief from the Effects of Natural Disaster, of Other Urgent Needs, and for Incrementai
'Operation Desert Shield/ Desert Storm' Act of 1992, and not as part of the Stafford Act].
>§ 5204. DEFINITIONS RELATING TO INSULAR AREAS DISASTER SURVIVAL AND
RECOVERY. (Sec. 702)
As used in this title --
1. the term "insular area" means any of the following: American Samoa, the Federatf
Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands, the Trust 1
the Pacific Islands, and the Virgin Islands;
2. the term "disaster' means a declaration of a major disaster by the President after
1, 1989, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Eme
Assistance Act (42 U.S.C. 5170); and
3. the term "Secretary" means the Secretary of the Interior.
Source: Feb. 24, 1992, Pub. L. 102 -247, Title H, § 201, 106 Stat. 37.
§ 5204a. AUTHORIZATION OF APPROPRIATIONS FOR INSULAR AREAS DISASTER
RECOVERY. (Sec. 703)
There are hereby authorized to be appropriated to the Secretary such sums as may be ne
1. reconstruct essential public facilities damaged by disasters in the insular areas the
hftp: / /www.fema.gov /library/stafact.shtm 4/5/2004
..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 59 of 62
PI IV[ w um Uale VI lnc cIIa4u uCnl VI illlJ YU.I, *I IV
2. enhance the survivability of essential public facilities in the event of disasters in th
areas, except that with respect to the disaster declared by the President in the cas
Hurricane Hugo, September 1989, amounts for any fiscal year shall not exceed 2°
the estimated aggregate amount of grants to be made under sections 403 and 40(
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
such disaster. Such sums shall remain available until expended.
Source: Feb. 24, 1992, Pub. L. 102 -247, Title ll, § 202, 106 Stat. 37.
§ 5204b. TECHNICAL ASSISTANCE FOR INSULAR AREAS DISASTER RECOVERY. {
a. Upon the declaration by the President of a disaster in an insular area, the Presidei
through the Director shall assess, in cooperation with the Secretary and chief exec
such insular area, the capability of the insular government to respond to the disasl
including the capability to assess damage; coordinate activities with Federal agen,
particularly the Federal Emergency Management Agency; develop recovery plans,
recommendations for enhancing the survivability of essential infrastructure; negoti
manage reconstruction contracts; and prevent the misuse of funds. If the Presider
the insular government lacks any of these or other capabilities essential to the reo
then the President shall provide technical assistance to the insular area which the
deems necessary for the recovery effort.
b. One year following the declaration by the President of a disaster in an insular area
Secretary, in consultation with the Director shall submit to the Senate Committee (
and Natural Resources and the House Committee on Interior and Insular Affairs a
the status of the recovery effort, including an audit of Federal funds, expended in t
effort and recommendations on how to improve public health and safety, survivabi
infrastructure, recovery efforts, and effective use of funds in the event of future dis
Source: Feb. 24, 1992, Pub. L. 102 -247, Title ll, § 203, 106 Stat. 37.
§ 5204c. LIMITATION ON AMOUNT OF CONTRIBUTIONS FOR HAZARD MITIGATION;
MATCH.
The total of contributions under the last sentence of section 404 of The Robert T. Stafford
Relief and Emergency Assistance Act (42 U.S.C. 5170c) for the insular areas shall not ex,
percent of the estimated aggregate amounts of grants to be made under sections 403, 40
408, and 411 of such Act [42 U.S.C. 5170c, 5172, 5173, 5174, 5178] for any disaster: Pro
the President shall require a 50 percent local match for assistance in excess of 10 percen
estimated aggregate amount of grants to be made under section 406 of such Act for any (
Source: Feb. 24, 1992, Pub. L. 102- 247,'Title II, § 204, 106 Stat. 38.
(Note: Sections 5204, 5204a, 5204b, and 5204c were enacted as part of the Omnibus Ins
Act of 1992 and not as part of the Stafford Act].
§ 5205. DISASTER GRANT CLOSEOUT PROCEDURES. (Sec. 705]
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 60 of 62
a. otatute or umaanons.-
1. In general. -- Except as provided in paragraph (2), no administrative action t
any payment made to a State or local government for disaster or emergen,
assistance under this Act shall be initiated in any forum after the date that i
after the date of transmission of the final expenditure report for the disaster
emergency.
2. Fraud exception. - -The limitation under paragraph (1) apply unless there is
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
the date of transmission of the final expenditure report for the disaster or e
there shall be a presumption that accounting records were maintained that
identify the source and application of funds provided for financially assiste(
2. Affirmative evidence. - -The presumption described in paragraph (1) may be
only on production of affirmative evidence that the State or local governme
maintain documentation described in that paragraph.
3. Inability to produce documentation. - -The inability of the Federal, State, or l
government to produce source documentation supporting expenditure rep(
than 3 years after the date of transmission of the final expenditure report sl
constitute evidence to rebut the presumption described in paragraph (1).
4. Right of access. - -The period during which the Federal, State, or local gove
the right to access source documentation shall not be limited to the require
retention period referred to in paragraph (3), but shall last as long as the re
maintained.
c. Binding Nature of Grant Requirements.--A State or local government shall not be I
reimbursement or any other penalty any payment made under this Act if-
1. the payment was authorized by an approved agreement specifying the cos
2. the costs were reasonable; and
3. the purpose of the grant was accomplished.
(Section 304, Disaster Mitigation Act of 2000, Pub. L. 106 -390, October 30, 2000, 114 Sta;
§ 5206. BUY AMERICAN. [Sec. 306.]
a. Compliance With Buy American Act. - -No funds authorized to be appropriated und,
or any amendment made by this Act may be expended by an entity unless the enti
expending the funds, complies with the Buy American Act (41 U.S.C. 10a et seq.).
b. Debarment of Persons Convicted of Fraudulent Use of "Made in America" Labels.-
1. In general. - -If the Director of the Federal Emergency Management Agency
determines that a person has been convicted of intentionally affixing a Labe
"Made in America" inscription to any product sold in or shipped to the Unite
that is not made in America, the Director shall determine, not later than 90
determining that the person has been so convicted, whether the person sh
debarred from contracting under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et sec.).
2. Definition of debar. - -In this subsection, the term "debar" has the meaning c
term in section 2393(c) of title 10, United States Code.
(Section 306, Disaster Mitigation Act of 2000, P.L. 106 -390, 114 Stat. 1574).
§§ 5207 to 5300. Reserved.
http: / /www.fema.gov /library/stafact.shtm 4/5/2004
.: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 61 of 62
[NOTE: The following sections 305 and 307, enacted in Pub. L. 106 -390, are not part of tt
Act]
[The following section, enacted as § 305 of Pub. L. 106 -390, is part of the Omnibus Crime
and Safe Streets Act of 1968 (42 U. S.C. 3796b), and is not part of the Stafford Act]
SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL AND STATI
EMPLOYEES.
a. In General. -- Section 1204 of the Omnibus Crime Control and Safe Streets Act of 1
U.S.C. 3796b) is amended by striking paragraph (7) and inserting the following:
7. 'public safety officer' means --
A. an individual serving a public agency in an official capacity, with or
compensation, as a law enforcement officer, as a firefighter, or as
of a rescue squad or ambulance crew;
B. an employee of the Federal Emergency Management Agency who
performing official duties of the Agency in an area, if those official c
i. are related to a major disaster or emergency that has been,
declared to exist with respect to the area under the Robert 1
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5
seq.); and
ii. are determined by the Director of the Federal Emergency M
Agency to be hazardous duties; or
C. an employee of a State, local, or tribal emergency management or
defense agency who is performing official duties in cooperation will
Federal Emergency Management Agency in an area, if those officiz
L are related to a major disaster or emergency that has been,
declared to exist with respect to the area under the Robert l
Disaster Relief and Emergency Assistance Act (42 U.S.C. E
seq.); and
ii. are determined by the head of the agency to be hazardous
Effective Date.--The amendment made by subsection (a) al:
to employees described in subparagraphs (B) and (C) of se
(7) of the Omnibus Crime Control and Safe Streets Act of 1!
amended by subsection (a)) who are injured or who die in It
duty on or after the date of enactment of this Act.
]NOTE: U.S. Code codifiers have not codified the following section]
SEC. 307. TREATMENT OF CERTAIN REAL PROPERTY.
a. (a) In General. -- Notwithstanding the National Flood Insurance Act of 1968 (42 U.S
seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et sec.), or any o
provision of law, or any flood risk zone identified, delineated, or established under
law (by flood insurance rate map or otherwise), the real property described in sub:
shall not be considered to be, or to have been, located in any area having special
hazards (including any floodway or floodplain).
b. Real Property. - -The real property described in this subsection is all land and imprc
on the land located in the Maple Terrace Subdivisions in the city of Sycamore, Del
County, Illinois, including- -
1. Maple Terrace Phase I;
http: / /www.fema.gov /library /stafact.shtm 4/5/2004
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 62 of 62
2. Maple Terrace Phase ll;
3. Maple Terrace Phase III Unit 1;
4. Maple Terrace Phase III Unit 2;
5. Maple Terrace Phase III Unit 3;
6. Maple Terrace Phase IV Unit 1;
7. Maple Terrace Phase IV Unit 2; and
8. Maple Terrace Phase IV Unit 3.
c. Revision of Flood Insurance Rate Lot Maps. - -As soon as practicable after the date
enactment of this Act, the Director of the Federal Emergency Management Agenc,
revise the appropriate flood insurance rate lot maps of the agency to reflect the tre
under subsection (a) of the real property described in subsection (b).
Last Updated: Thursday, 21- Aug -2003 15:30:55 EDT
Espanol I Privacy Policy I Accessibility I Site Help I Site Index I Contact Us I FEMA Home
FEMA 500 C Street, SW Washington, D.C. 20472 Phone: (202) 566 -1600
http: / /www.fema.gov /library/stafact.shtm 4/5/2004