### §762. Emergency management performance grants program

#### (a) Definitions

In this section—

(1) the term "program" means the emergency management performance grants program described in subsection (b); and

(2) the term "State" has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

#### (b) In general

The Administrator of the Federal Emergency Management Agency shall continue implementation of an emergency management performance grants program, to make grants to States to assist State, local, and tribal governments in preparing for all hazards, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

#### (c) Federal share

Except as otherwise specifically provided by title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5195 et seq.], the Federal share of the cost of an activity carried out using funds made available under the program shall not exceed 50 percent.

#### (d) Apportionment

For fiscal year 2008, and each fiscal year thereafter, the Administrator shall apportion the amounts appropriated to carry out the program among the States as follows:

#### (1) Baseline amount

The Administrator shall first apportion 0.25 percent of such amounts to each of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands and 0.75 percent of such amounts to each of the remaining States.

#### (2) Remainder

The Administrator shall apportion the remainder of such amounts in the ratio that—

(A) the population of each State; bears to

(B) the population of all States.

#### (e) Consistency in allocation

Notwithstanding subsection (d), in any fiscal year before fiscal year 2013 in which the appropriation for grants under this section is equal to or greater than the appropriation for emergency management performance grants in fiscal year 2007, no State shall receive an amount under this section for that fiscal year less than the amount that State received in fiscal year 2007.

#### (f) Authorization of appropriations

There is authorized to be appropriated to carry out the program, for each of fiscal years 2018 through 2022, $950,000,000.

(Pub. L. 109–295, title VI, §662, Oct. 4, 2006, 120 Stat. 1433; Pub. L. 110–53, title II, §201, Aug. 3, 2007, 121 Stat. 294; Pub. L. 115–254, div. D, §1217(c), Oct. 5, 2018, 132 Stat. 3451.)

#### **Editorial Notes**

#### References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsecs. (b) and (c), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. Title VI of the Act is classified generally to subchapter IV–B (§5195 et seq.) of chapter 68 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

#### Amendments

2018—Subsec. (f). Pub. L. 115–254 substituted "the program, for each of fiscal years 2018 through 2022" for "the program—

"(1) for fiscal year 2008, $400,000,000;

"(2) for fiscal year 2009, $535,000,000;

"(3) for fiscal year 2010, $680,000,000;

"(4) for fiscal year 2011, $815,000,000; and

"(5) for fiscal year 2012".

2007—Pub. L. 110–53 amended section catchline and text generally. Prior to amendment, text read as follows: "There is authorized to be appropriated for the Emergency Management Performance Grants Program for fiscal year 2008, an amount equal to the amount appropriated for the program for fiscal year 2007 and an additional $175,000,000."