Stafford Act, as Amended

FEMA P-592 vol. 1, May 2021

The Office of Chief Counsel maintains this booklet. Please submit any 

comments or inquiries about this publication to FEMA-OCC@fema.dhs.gov.

Robert T. Stafford Disaster Relief and Emergency Assistance Act,

Public Law 93-288, as amended,

42 U.S.C. 5121 et seq.

United States Code, Title 42. The Public Health and Welfare, Chapter 68. Disaster Relief

Title I – Findings, Declarations and Definitions

Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121)...............................1

Sec. 102. Definitions (42 U.S.C. 5122)...................................................................................1

Sec. 103. References (42 U.S.C. 5123) ...................................................................................3

Title II – Disaster Preparedness and Mitigation Assistance

Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131)................4

Sec. 202. Disaster Warnings (42 U.S.C. 5132)......................................................................5

Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133)..................................................5

Sec. 204. Interagency Task Force (42 U.S.C. 5134)............................................................10

Sec. 205. Grants to Entities for Establishment of Hazard Mitigation Revolving Loan 

Funds (42 U.S.C. 5135).........................................................................................10

Title III – Major Disaster and Emergency Assistance Administration

Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141)....................................19

Sec. 302. Coordinating Officers (42 U.S.C. 5143)..............................................................19

Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144).............................19

Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147)......................................20

Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148) ......................................20

Sec. 306. Performance of Services (42 U.S.C. 5149)..........................................................21

Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150)........................................21

Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151)............................22

Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152).....................22

Sec. 310. Priority to Certain Applications for Public Facility and 

Public Housing Assistance (42 U.S.C. 5153)......................................................23

Sec. 311. Insurance (42 U.S.C. 5154)...................................................................................23

-- Prohibited Flood Disaster Assistance (42 U.S.C. 5154a)...................................24

Sec. 312. Duplication of Benefits (42 U.S.C. 5155)............................................................25

Sec. 313. Standards and Reviews (42 U.S.C. 5156)............................................................27

Sec. 314. Penalties (42 U.S.C. 5157).....................................................................................27

Sec. 315. Availability of Materials (42 U.S.C. 5158)...........................................................27

Sec. 316. Protection of Environment (42 U.S.C. 5159)......................................................27

Sec. 317. Recovery of Assistance (42 U.S.C. 5160).............................................................28

Sec. 318. Audits and Investigations (42 U.S.C. 5161)........................................................28

Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162)...............................................28

Sec. 320. Limitation on Use of Sliding Scales (42 U.S.C. 5163)........................................29

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Sec. 321. Rules and Regulations (42 U.S.C. 5164)..............................................................29

Sec. 322. Mitigation Planning (42 U.S.C. 5165).................................................................29

Sec. 323. Minimum Standards for Public and 

Private Structures (42 U.S.C. 5165a)...................................................................30

Sec. 324. Management Costs (42 U.S.C. 5165b).................................................................30

Sec. 325. Public Notice, Comment, and

Consultation Requirements (42 U.S.C. 5165c)...................................................31

Sec. 326. Designation of Small State and Rural Advocate (42 U.S.C. 5165d) .................32

Sec. 327. National Urban Search and Rescue Response System (42 U.S.C. 5165f)........32

Title IV – Major Disaster Assistance Programs

Sec. 401. Procedure for Declaration (42 U.S.C. 5170).......................................................37

Sec. 402. General Federal Assistance (42 U.S.C. 5170a)....................................................38

Sec. 403. Essential Assistance (42 U.S.C. 5170b) ...............................................................38

Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)..................................................................41

Sec. 405. Federal Facilities (42 U.S.C. 5171).......................................................................44

Sec. 406. Repair, Restoration, and Replacement 

of Damaged Facilities (42 U.S.C. 5172)...............................................................45

Sec. 407. Debris Removal (42 U.S.C. 5173)........................................................................52

Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174)..............52

Sec. 410. Unemployment Assistance (42 U.S.C. 5177)......................................................61

-- Emergency Grants to Assist Low-Income Migrant 

and Seasonal Farmworkers (42 U.S.C. 5177a)....................................................61

Sec. 412. Benefits and Distribution (42 U.S.C. 5179) ........................................................62

Sec. 413. Food Commodities (42 U.S.C. 5180)..................................................................62

Sec. 414. Relocation Assistance (42 U.S.C. 5181) ..............................................................62

Sec. 415. Legal Services (42 U.S.C. 5182)............................................................................63

Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183)...........................63

Sec. 417. Community Disaster Loans (42 U.S.C. 5184) ....................................................63

Sec. 418. Emergency Communications (42 U.S.C. 5185) .................................................64

Sec. 419. Emergency Public Transportation (42 U.S.C. 5186)..........................................64

Sec. 420. Fire Management Assistance (42 U.S.C. 5187) ..................................................64

Sec. 421. Timber Sale Contracts (42 U.S.C. 5188).............................................................64

Sec. 422. Simplified Procedure (42 U.S.C. 5189)................................................................65

Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a)...........................................66

Sec. 424. Date of Eligibility; Expenses Incurred Before 

Date of Disaster (42 U.S.C. 5189b)......................................................................67

Sec. 425. Transportation Assistance to Individuals

and Households (42 U.S.C. 5189c)......................................................................67

Sec. 426. Case Management Services (42 U.S.C. 5189d)...................................................67

Sec. 427. Essential Service Providers (42 U.S.C. 5189e)....................................................67

Sec. 428. Public Assistance Program Alternative Procedures (42 U.S.C. 5189f)............68

Sec. 429. Unified Federal Review (42 U.S.C. 5189g)..........................................................71

Sec. 430. Agency Accountability (42 U.S.C. 5189h). .........................................................71
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Title V – Emergency Assistance Programs

Sec. 501. Procedure for Declaration (42 U.S.C. 5191).......................................................76

Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192)................................................76

Sec. 503. Amount of Assistance (42 U.S.C. 5193)..............................................................78

Title VI – Emergency Preparedness

Sec. 601. Declaration of Policy (42 U.S.C. 5195)................................................................79

Sec. 602. Definitions (42 U.S.C. 5195a)...............................................................................79

Sec. 603. Administration of Title (42 U.S.C. 5195b)..........................................................80

-- Critical Infrastructures Protection (42 U.S.C. 5195c).......................................80

Subtitle A—Powers and Duties

Sec. 611. Detailed Functions or Administration (42 U.S.C. 5196)...................................81

Sec. 612. Mutual Aid Pacts Between States 

and Neighboring Counties (42 U.S.C. 5196a)....................................................85

Sec. 613. Contributions for Personnel and 

Administrative Expenses (42 U.S.C. 5196b).......................................................85

Sec. 614. Grants for Construction of Emergency Operations Centers 

(42 U.S.C. 5196c)...................................................................................................87

Sec. 615. Use of Funds to Prepare for and Respond to Hazards

(42 U.S.C. 5196d)...................................................................................................87

-- Radiological Emergency Preparedness Fund (42 U.S.C. 5196e)......................87

Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f).................................87

Subtitle B—General Provisions

Sec. 621. Administrative Authority (42 U.S.C. 5197)........................................................88

Sec. 622. Security Regulations (42 U.S.C. 5197a)...............................................................89

Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b)........................................................91

Sec. 624. Annual Report to Congress (42 U.S.C. 5197c)...................................................91

Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d)...................................................91

Sec. 626. Authorization of Appropriations and Transfers of Funds

(42 U.S.C. 5197e)...................................................................................................91

Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f)................................91

Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)............................................91

Title VII – Miscellaneous

Sec. 701. Authority to Prescribe Rules and Accept Gifts (42 U.S.C. 5201)......................92

-- Insular Areas Disaster Survival and Recovery; 

Definitions (42 U.S.C. 5204).................................................................................92

-- Technical Assistance for Insular Areas (42 U.S.C. 5204b)................................92

Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205)......................................93

-- Buy American (42 U.S.C. 5206)...........................................................................94

Sec. 706 Firearms Policies (42 U.S.C. 5207) ..................................................................... 95
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STAFFORD ACT > TITLE I > §§ 101-102

Title I – Findings, Declarations and Definitions

Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121)

(a) The Congress hereby finds and declares that -

(1) because disasters often cause loss of life, human suffering, loss of income, and 

property loss and damage; and 

(2) because disasters often disrupt the normal functioning of governments and 

communities, and adversely affect individuals and families with great severity; 

 special measures, designed to assist the efforts of the affected States in expediting 

the rendering of aid, assistance, and emergency services, and the reconstruction and 

rehabilitation of devastated areas, are necessary.

(b) It is the intent of the Congress, by this Act, to provide an orderly and continuing means 

of assistance by the Federal Government to State and local governments in carrying 

out their responsibilities to alleviate the suffering and damage which result from such 

disasters by -

(1) revising and broadening the scope of existing disaster relief programs; 

(2) encouraging the development of comprehensive disaster preparedness and 

assistance plans, programs, capabilities, and organizations by the States and by 

local governments; 

(3) achieving greater coordination and responsiveness of disaster preparedness and 

relief programs; 

(4) encouraging individuals, States, and local governments to protect themselves by 

obtaining insurance coverage to supplement or replace governmental assistance; 

(5) encouraging hazard mitigation measures to reduce losses from disasters, including 

development of land use and construction regulations; and 

(6) providing Federal assistance programs for both public and private losses sustained 

in disasters[.]

Sec. 102. Definitions (42 U.S.C. 5122) 

As used in this Act -

(1) Emergency - “Emergency” means any occasion or instance for which, in th

determination of the President, Federal assistance is needed to supplement State 

and local efforts and capabilities to save lives and to protect property and public 

health and safety, or to lessen or avert the threat of a 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, 

earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, 

regardless of cause, any fire, flood, or explosion, in any part of the United States, 

which in the determination of the President causes damage of sufficient severity 
2

and magnitude to warrant major disaster assistance under this Act to supplement 

the efforts and available resources of States, local governments, and disaster 

relief organizations in alleviating the damage, loss, hardship, or suffering caused 

thereby.

(3) “United States” means the fifty States, the District of Columbia, Puerto Rico, 

Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern 

Mariana Islands.

(4) “State” means any State of the United States, the District of Columbia, Puert

Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the 

Northern Mariana Islands.

(5) “Governor” means the chief executive of any Stat

(6)  Indian Tribal Government - The term “Indian tribal government” mea

governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, 

or community that the Secretary of the Interior acknowledges to exist as an Indian 

tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a 

et seq.).

(7) Individual with a Disability - The term “individual with a disability” mean

individual with a disability as defined in [Section 3(2) of the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12102(2))].

(8) Local Government - The term “local government” mean

 (A) a county, municipality, city, town, township, local public authority, 

school district, special district, intrastate district, council of governments 

(regardless of whether the council of governments is incorporated as a 

nonprofit corporation under State law), regional or interstate government 

entity, or agency or instrumentality of a local government; 

 (B) an Indian tribe or authorized tribal organization, or Alaska Native village or 

organization, that is not an Indian tribal government as defined in paragraph 

(6); and 

 (C) a rural community, unincorporated town or village, or other public entity, for 

which an application for assistance is made by a State or political subdivision 

of a State.

(9) “Federal agency” means any department, independent establishme

Government corporation, or other agency of the executive branch of the Federal 

Government, including the United States Postal Service, but shall not include the 

American National Red Cross.

(10) Public Facility - “Public facility” means the following facilities owned by a State or

local government:

 (A) Any flood control, navigation, irrigation, reclamation, public power, 

sewage treatment and collection, water supply and distribution, watershed 

development, or airport facility. 

STAFFORD ACT > TITLE I > § 102
3

STAFFORD ACT > TITLE I > §§ 102-103

 (B) Any non-Federal-aid street, road, or highway. 

 (C) Any other public building, structure, or system, including those used for 

educational, recreational, or cultural purposes. 

 (D) Any park.

(11) Private Nonprofit Facili

 (A)  In General - The term “private nonprofit facility” means private nonp

educational (without regard to the religious character of the facility), centerbased childcare,* utility, irrigation, emergency, medical, rehabilitational, and 

temporary or permanent custodial care facilities (including those for the 

aged and disabled) and facilities on Indian reservations, as defined by the 

President. 

 (B)  Additional Facilities – In addition to the facilities describ

subparagraph (A), the term “private nonprofit facility” includes any private 

nonprofit facility that provides essential social services to the general 

public (including museums, zoos, performing arts facilities, community 

arts centers, community centers, libraries, homeless shelters, senior citizen 

centers, rehabilitation facilities, shelter workshops, food banks, broadcasting 

facilities, houses of worship, and facilities that provide health and safety 

services of a governmental nature), as defined by the President. No house 

of worship may be excluded from this definition because leadership or 

membership in the organization operating the house of worship is limited to 

persons who share a religious faith or practice.

(12) Chief Executive - The term “Chief Executive” means the person who is the C

Chairman, Governor, President, or similar executive official of an Indian tribal 

government.

Sec. 103. References (42 U.S.C. 5123)

Except as otherwise specifically provided, any reference in this chapter to “State and local”, 

“State or local”, “State, and local”, “State, or local”, or “State, local” (including plurals) with 

respect to governments or officials and any reference to a “local government” in sections 

5172(d)(3) and 5184 of this title [Section 406(d)(3) and Section 417] is deemed to refer also 

to Indian tribal governments and officials, as appropriate. 

* The addition of “center-based childcare” to the definition has an effective date of Oct. 5, 2018.
4

STAFFORD ACT > TITLE II > § 201

Title II - Disaster Preparedness and Mitigation Assistance

Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131)

(a) Utilization of Services of Other Agencies - The President is authorized to es

program of disaster preparedness that utilizes services of all appropriate agencies and 

includes - 

(1) preparation of disaster preparedness plans for mitigation, warning, emergency 

operations, rehabilitation, and recovery; 

(2) training and exercises; 

(3) postdisaster critiques and evaluations; 

(4) annual review of programs; 

(5) coordination of Federal, State, and local preparedness programs; 

(6) application of science and technology; 

(7) research.

(b)  Technical Assistance for the Development of Plans and Programs - 

shall provide technical assistance to the States in developing comprehensive plans and 

practicable programs for preparation against disasters, including hazard reduction, 

avoidance, and mitigation; for assistance to individuals, businesses, and State and local 

governments following such disasters; and for recovery of damages or destroyed public 

and private facilities.

(c) Grants to States for Development of Plans and Programs - Upon applica

State, the President is authorized to make grants, not to exceed in the aggregate to such 

State $250,000, for the development of plans, programs, and capabilities for disaster 

preparedness and prevention. Such grants shall be applied for within one year from 

May 22, 1974. Any State desiring financial assistance under this section shall designate 

or create an agency to plan and administer such a disaster preparedness program, and 

shall, through such agency, submit a State plan to the President, which shall—

(1) set forth a comprehensive and detailed State program for preparation against and 

assistance following, emergencies and major disasters, including provisions for 

assistance to individuals, businesses, and local governments; and 

(2) include provisions for appointment and training of appropriate staffs, formulation 

of necessary regulations and procedures and conduct of required exercises.

(d) Grants for Improvement, Maintenance, and Updating of State Plans -

is authorized to make grants not to exceed 50 per centum of the cost of improving, 

maintaining and updating State disaster assistance plans, including evaluations 

of natural hazards and development of the programs and actions required to 

mitigate such hazards; except that no such grant shall exceed $50,000 per annum to 

any State. 
5

STAFFORD ACT > TITLE II > §§ 202-203

Sec. 202. Disaster Warnings (42 U.S.C. 5132)

(a) Readiness of Federal Agencies to Issue Warnings to State 

The President shall insure that all appropriate Federal agencies are prepared to issue 

warnings of disasters to State and local officials.

(b) Technical Assistance to State and Local Governments for Effectiv

President shall direct appropriate Federal agencies to provide technical assistance to 

State and local governments to insure that timely and effective disaster warning is 

provided.

(c) Warnings to Governmental Authorities and Public Endangered by D

President is authorized to utilize or to make available to Federal, State, and local 

agencies the facilities of the civil defense communications system established and 

maintained pursuant to section 5196(c) of this title [Section 611(c)] or any other 

Federal communications system for the purpose of providing warning to governmental 

authorities and the civilian population in areas endangered by disasters.

(d) Agreements with Commercial Communications Systems for Use of Fac

President is authorized to enter into agreements with the officers or agents of any 

private or commercial communications systems who volunteer the use of their systems 

on a reimbursable or nonreimbursable basis for the purpose of providing warning to 

governmental authorities and the civilian population endangered by disasters. 

Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133)

(a) Definition of Small Impoverished Community - In this section, the t

impoverished community” means a community of 3,000 or fewer individuals that is 

economically disadvantaged, as determined by the State in which the community is 

located and based on criteria established by the President.

(b) Establishment of Program - The President may establish a program to provide technica

and financial assistance to States and local governments to assist in the implementation 

of predisaster hazard mitigation measures that are cost-effective and are designed to 

reduce injuries, loss of life, and damage and destruction of property, including damage 

to critical services and facilities under the jurisdiction of the States or local governments.

(c) Approval by President - If the President determines that a State or local governme

identified natural disaster hazards in areas under its jurisdiction and has demonstrated 

the ability to form effective public-private natural disaster hazard mitigation 

partnerships, the President, using amounts in the National Public Infrastructure 

Predisaster Mitigation Fund established under subsection (i) of this section (referred 

to in this section as the “Fund”), may provide technical and financial assistance to the 

State or local government to be used in accordance with subsection (e) of this section.

(d) State Recommendat

(1) In Gener

 (A)  Recommendations - The Governor of each State may recommend t

President not fewer than five local governments to receive assistance under 

this section.
6

STAFFORD ACT > TITLE II > § 203

 (B) Deadline for Submission - The recommendations under subparagrap

shall be submitted to the President not later than October 1, 2001, and each 

October 1st thereafter or such later date in the year as the President may 

establish.

 (C) Criteria - In making recommendations under subparagraph (A),

Governor shall consider the criteria specified in subsection (g) of 

this section.

(2) Use 

 (A) In General - Except as provided in subparagraph (B), in providing assist

to local governments under this section, the President shall select from local 

governments recommended by the Governors under this subsection.

 (B) Extraordinary Circumstances - In providing assistance to local governme

under this section, the President may select a local government that has not 

been recommended by a Governor under this subsection if the President 

determines that extraordinary circumstances justify the selection and that 

making the selection will further the purpose of this section.

(3) Effect of Failure to Nominate - If a Governor of a State fails to

recommendations under this subsection in a timely manner, the President may 

select, subject to the criteria specified in subsection (g) of this section, any local 

governments of the State to receive assistance under this section.

(e) Uses of Technical and Financial Assis

(1) In General - Technical and financial assistance provided under this sect

 (A) shall be used by States and local governments principally to implement 

predisaster hazard mitigation measures that are cost-effective and are 

described in proposals approved by the President under this section; and

 (B) may be used -

 (i) to support effective public-private natural disaster hazard mitigation 

partnerships; 

 (ii) to improve the assessment of a community’s vulnerability to natural 

hazards;

 (iii) to establish hazard mitigation priorities, and an appropriate hazard 

mitigation plan, for a community; or

 (iv) to establish and carry out enforcement activities and implement 

the latest published editions of relevant consensus-based codes, 

specifications, and standards that incorporate the latest hazardresistant designs and establish minimum acceptable criteria for the 

design, construction, and maintenance of residential structures and 

facilities that may be eligible for assistance under this Act for the 

purpose of protecting the health, safety, and general welfare of the 

buildings’ users against disasters.

(2) Dissemination - A State or local government may use not more than 10 percent
7

STAFFORD ACT > TITLE II > § 203

of the financial assistance received by the State or local government under this 

section for a fiscal year to fund activities to disseminate information regarding 

cost-effective mitigation technologies.

(f) Allocation of Fund

(1) In General - The President shall award financial assistance under this section o

competitive basis for mitigation activities that are cost effective and in accordance 

with the criteria in subsection (g).

(2)    Minimum and Maximum Amounts - In providing financial assistance u

section, the President shall ensure that the amount of financial assistance made 

available to a State (including amounts made available to local governments of the 

State) for a fiscal year - 

 (A) is not less than the lesser or - 

 (i) $575,000; or 

 (ii) the amount that is equal to 1 percent of the total funds appropriated to 

carry out this section for the fiscal year; and 

 (B) does not exceed the amount that is equal to 15 percent of the total funds 

appropriated to carry out this section for the fiscal year. 

(3) Redistribution of Unobligated Amounts - The Presi

 (A) withdraw amounts of financial assistance made available to a State 

(including amounts made available to local governments of a State) under 

this subsection that remain unobligated by the end of the third fiscal year 

after the fiscal year for which the amounts were allocated; and

 (B) in the fiscal year following a fiscal year in which amounts were withdrawn 

under subparagraph (A), add the amounts to any other amounts available to 

be awarded on a competitive basis pursuant to paragraph (1).

(g) Criteria for Assistance Awards - In determining whether to provide technic

financial assistance to a State or local government under this section, the President 

shall provide financial assistance only in States that have received a major disaster 

declaration in the previous 7 years, or to any Indian tribal government located partially 

or entirely within the boundaries of such States, and take into account -

(1) the extent and nature of the hazards to be mitigated;

(2) the degree of commitment by the State or local government to reduce damages 

from future natural disasters;

(3) the degree of commitment by the State or local government to support ongoing 

non-Federal support for the hazard mitigation measures to be carried out using 

the technical and financial assistance;

(4) the extent to which the hazard mitigation measures to be carried out using the 

technical and financial assistance contribute to the mitigation goals and priorities 

established by the State;

(5) the extent to which the technical and financial assistance is consistent with other 
8

STAFFORD ACT > TITLE II > § 203

assistance provided under this Act;

(6) the extent to which prioritized, cost-effective mitigation activities that produce 

meaningful and definable outcomes are clearly identified;

(7) if the State or local government has submitted a mitigation plan under section 

5165 of this title [Section 322], the extent to which the activities identified under 

paragraph (6) are consistent with the mitigation plan;

(8) the opportunity to fund activities that maximize net benefits to society;

(9) the extent to which assistance will fund mitigation activities in small impoverished 

communities;

(10) the extent to which the State, local, Indian tribal, or territorial government 

has facilitated the adoption and enforcement of the latest published editions 

of relevant consensus-based codes, specifications, and standards, including 

amendments made by State, local, Indian tribal, or territorial governments during 

the adoption process that incorporate the latest hazard-resistant designs and 

establish criteria for the design, construction, and maintenance of residential 

structures and facilities that may be eligible for assistance under this Act for the 

purpose of protecting the health, safety, and general welfare of the buildings’ users 

against disasters;

(11) the extent to which the assistance will fund activities that increase the level of 

resiliency; and

(12) such other criteria as the President establishes in consultation with State and local 

governments.

(h) Federal Sh

(1) In General - Financial assistance provided under this section may contribute

to 75 percent of the total cost of mitigation activities approved by the President.

(2) Small Impoverished Communities - Notwithstanding paragraph (1), the 

may contribute up to 90 percent of the total cost of a mitigation activity carried out 

in a small impoverished community.

(i) National Public Infrastructure Predisaster Mitigation 

(1)   In General - The President may set aside from the Disaster Relief Fund,

respect to each major disaster, an amount equal to 6 percent of the estimated 

aggregate amount of the grants to be made pursuant to sections 403, 406, 407, 408, 

410, 416, and 428 for the major disaster in order to provide technical and financial 

assistance under this section and such set aside shall be deemed to be related to 

activities carried out pursuant to major disasters under this Act.

(2) Estimated Aggregate Amount—Not later than 180 days after each major di

declaration pursuant to this Act, the estimated aggregate amount of grants for 

purposes of paragraph (1) shall be determined by the President and such estimated 

amount need not be reduced, increased, or changed due to variations in estimates.

(3)   No Reduction in Amounts—The amount set aside pursuant to paragraph (

not reduce the amounts otherwise made available for sections 403, 404, 406, 407, 
9

STAFFORD ACT > TITLE II > § 203

408, 410, 416, and 428 under this Act.

(j) Multihazard Advisory

(1) Definition of Multihazard Advisory Map - In this subsection,

“multihazard advisory map” means a map on which hazard data concerning each 

type of natural disaster is identified simultaneously for the purpose of showing 

areas of hazard overlap.

(2) Development of Maps - In consultation with States, local government

appropriate Federal agencies, the President shall develop multihazard advisory 

maps for areas, in not fewer than five States, that are subject to commonly 

recurring natural hazards (including flooding, hurricanes and severe winds, and 

seismic events).

(3) Use of Technology - In developing multihazard advisory maps under t

subsection, the President shall use, to the maximum extent practicable, the most 

cost-effective and efficient technology available.

(4) Use of Ma

 (A) Advisory Nature - The multihazard advisory maps shall be considere

be advisory and shall not require the development of any new policy by, or 

impose any new policy on, any government or private entity.

 (B) Availability of Maps - The multihazard advisory maps shall be m

available to the appropriate State and local governments for the purposes of -

 (i) informing the general public about the risks of natural hazards in the 

areas described in paragraph (2); 

 (ii) supporting the activities described in subsection (e) of this section; and

 (iii) other public uses. 

(k) [Expired]

(l) Prohibition on Earmarks - 

(1) Definition - In this subsection, the term “congressionally directed spending

means a statutory provision or report language included primarily at the request 

of a Senator or a Member, Delegate or Resident Commissioner of the House of 

Representatives providing, authorizing, or recommending a specific amount of 

discretionary budget authority, credit authority, or other spending authority for a 

contract, loan, loan guarantee, grant, loan authority, or other expenditure with or 

to an entity, or targeted to a specific State, locality, or Congressional district, other 

than through a statutory or administrative formula-driven or competitive award 

process.

(2) Prohibition - None of the funds appropriated or otherwise made available to carry 

out this section may be used for congressionally directed spending.

(3) Certification to Congress - The Administrator of [FEMA] shall submi

Congress a certification regarding whether all financial assistance under this 

section was awarded in accordance with this section. 
10

STAFFORD ACT > TITLE II > §§ 203-205

(m) Latest Published Editions.—For purposes of subsections (e)(1)(B)(iv) and (g)(10)

term “latest published editions” means, with respect to relevant consensus-based codes, 

specifications, and standards, the 2 most recently published editions.*

Sec. 204. Interagency Task Force (42 U.S.C. 5134)

(a) In General - The President shall establish a Federal interagency task force for 

purpose of coordinating the implementation of predisaster hazard mitigation programs 

administered by the Federal Government.

(b) Chairperson - The Administrator of [FEMA] shall serve as the chairperson of the ta

force.

(c) Membership - The membership of the task force shall include representatives

(1) relevant Federal agencies; 

(2) State and local government organizations (including Indian tribes); and 

(3) the American Red Cross. 

Sec. 205. Grants to Entitites for Establishment of Hazard Mitigation Revolving 

Loan Funds (42 U.S.C. 5135)

(a) General Authori

(1)   In General - The Administrator may enter into agreements with eligible ent

to make capitalization grants to such entities for the establishment of hazard 

mitigation revolving loan funds (referred to in this section as “entity loan funds”) 

for providing funding assistance to local governments to carry out eligible projects 

under this section to reduce disaster risks for homeowners, businesses, nonprofit 

organizations, and communities in order to decrease -

 (A) the loss of life and property;

 (B) the cost of insurance; and

 (C) Federal disaster payments.

(2) Agreements - Any agreement entered into under this section shall require 

participating entity to—

 (A) comply with the requirements of this section; and

 (B) use accounting, audit, and fiscal procedures conforming to generally 

accepted accounting standards.

(b) Applicatio

(1) In General - To be eligible to receive a capitalization grant under this section,

eligible entity shall submit to the Administrator an application that includes the 

following:

 (A) Project proposals comprised of local government hazard mitigation projects, 

on the condition that the entity provides public notice not less than 6 weeks 

prior to the submission of an application.

* The authority in subsection (m) expires on Oct. 5, 2023.
11

 (B) An assessment of recurring major disaster vulnerabilities impacting the 

entity that demonstrates a risk to life and property.

 (C) A description of how the hazard mitigation plan of the entity has or has not 

taken the vulnerabilities described in subparagraph (B) into account.

 (D) A description about how the projects described in subparagraph (A) could 

conform with the hazard mitigation plan of the entity and of the unit of local 

government.

 (E) A proposal of the systematic and regional approach to achieve resilience 

in a vulnerable area, including impacts to river basins, river corridors, 

watersheds, estuaries, bays, coastal regions, micro-basins, micro-watersheds, 

ecosystems, and areas at risk of earthquakes, tsunamis, droughts, severe 

storms, and wildfires, including the wildland-urban interface.

(2) Technical Assistance - The Administrator shall provide technical assistance

eligible entities for applications under this section.

(c) Entity Loan Fun

(1) Establishment of Fund - An entity that receives a capitalization grant under t

section shall establish an entity loan fund that complies with the requirements of 

this subsection.

(2) Fund Management - Except as provided in paragraph (3), entity loan funds sh

 (A) be administered by the agency responsible for emergency management; and

 (B) include only –

 (i) funds provided by a capitalization grant under this section; 

 (ii) repayments of loans under this section to the entity loan fund; and

 (iii) interest earned on amounts in the entity loan fund.

(3)   Administration -A participating entity may combine the financial administrat

of the entity loan fund of such entity with the financial administration of any other 

revolving fund established by such entity if the Administrator determines that—

 (A) the capitalization grant, entity share, repayments of loans, and interest 

earned on amounts in the entity loan fund are accounted for separately from 

other amounts in the revolving fund; and

 (B) the authority to establish assistance priorities and carry out oversight 

activities remains in the control of the entity agency responsible for 

emergency management.

(4) Entity Share of Fu

 (A)   In General - On or before the date on which a participating entity recei

capitalization grant under this section, the entity shall deposit into the entity 

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

amount of the capitalization grant.

 (B)   Reduced Grant - If, with respect to a capitalization grant under this 

a participating entity deposits in the entity loan fund of the entity an amount 

STAFFORD ACT > TITLE II > § 205
12

that is less than 10 percent of the total amount of the capitalization grant 

that the participating entity would otherwise receive, the Administrator shall 

reduce the amount of the capitalization grant received by the entity to the 

amount that is 10 times the amount so deposited.

(d) Apportionme

(1)   In General - Except as otherwise provided by this subsection, the Administ

shall apportion funds made available to carry out this section to entities that have 

entered into an agreement under subsection (a)(2) in amounts as determined by 

the Administrator.

(2)   Reservation of Funds - The Administrator shall reserve not more than 2.5 

of the amount made available to carry out this section for the Federal Emergency 

Management Agency for –

 (A) administrative costs incurred in carrying out this section;

 (B) providing technical assistance to participating entities under subsection (b)

(2); and

 (C) capitalization grants to insular areas under paragraph (4).

(3) Priority - In the apportionment of capitalization grants under this subsection, the 

Administrator shall give priority to entity applications under subsection (b) that–

 (A) propose projects increasing resilience and reducing risk of harm to natural 

and built infrastructure;

 (B) involve a partnership between two or more eligible entities to carry out a 

project or similar projects;

 (C) take into account regional impacts of hazards on river basins, river corridors, 

micro-watersheds, macro-watersheds, estuaries, lakes, bays, and coastal 

regions and areas at risk of earthquakes, tsunamis, droughts, severe storms, 

and wildfires, including the wildland-urban interface; or

 (D) propose projects for the resilience of major economic sectors or critical 

national infrastructure, including ports, global commodity supply 

chain assets (located within an entity or within the jurisdiction of local 

governments, insular areas, and Indian tribal governments), power and 

water production and distribution centers, and bridges and waterways 

essential to interstate commerce.

(4) Insular Area

 (A)  Apportionment - From any amount remaining of funds reserved u

paragraph (2), the Administrator may enter into agreements to provide 

capitalization grants to insular areas.

 (B)  Requirements - An insular area receiving a capitalization grant under

section shall comply with the requirements of this section as applied to 

participating entities.

(e) Environmental Review of Revolving Loan Fund Projects - The Adminis

delegate to a participating entity all of the responsibilities for environmental review, 

STAFFORD ACT > TITLE II > § 205
13

decision making, and action pursuant to the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal environmental laws 

including the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the National 

Historic Preservation Act of 1966 (54 U.S.C. 300101 et seq.) that would apply to the 

Administrator were the Administrator to undertake projects under this section as 

Federal projects so long as the participating entity carries out such responsibilities in 

the same manner and subject to the same requirements as if the Administrator carried 

out such responsibilities.

(f) Use of Fun

(1) Types of Assistance - Amounts deposited in an entity loan fund, including loan 

repayments and interest earned on such amounts, may be used -

 (A) to make loans, on the condition that—

 (i) such loans are made at an interest rate of not more than 1 percent;

 (ii) annual principal and interest payments will commence not later than 

1 year after completion of any project and all loans made under this 

subparagraph will be fully amortized –

 (I) not later than 20 years after the date on which the project is 

completed; or

 (II) for projects in a low-income geographic area, not later than 30 

years after the date on which the project is completed and not 

longer than the expected design life of the project;

 (iii) the loan recipient of a loan under this subparagraph establishes a 

dedicated source of revenue for repayment of the loan;

 (iv) the loan recipient of a loan under this subparagraph has a hazard 

mitigation plan that has been approved by the Administrator; and

 (v) the entity loan fund will be credited with all payments of principal and 

interest on all loans made under this subparagraph;

 (B) for mitigation efforts, in addition to mitigation planning under section 322 

not to exceed 10 percent of the capitalization grants made to the participating 

entity in a fiscal year;

 (C) for the reasonable costs of administering the fund and conducting activities 

under this section, except that such amounts shall not exceed $100,000 per 

year, 2 percent of the capitalization grants made to the participating entity 

in a fiscal year, or 1 percent of the value of the entity loan fund, whichever 

amount is greatest, plus the amount of any fees collected by the entity for 

such purpose regardless of the source; and

 (D) to earn interest on the entity loan fund.

(2) Prohibition on Determination that Loan is a Duplication - In carrying out 

section, the Administrator may not determine that a loan is a duplication of 

assistance or programs under this Act.

(3) Projects and Activities Eligible for Assistance - Except as provided 

STAFFORD ACT > TITLE II > § 205
14

subsection, a participating entity may use funds in the entity loan fund to provide 

financial assistance for projects or activities that mitigate the impacts of natural 

hazards including –

 (A) drought and prolonged episodes of intense heat;

 (B) severe storms, including hurricanes, tornados, wind storms, cyclones, and 

severe winter storms;

 (C) wildfires;

 (D) earthquakes;

 (E) flooding, including the construction, repair, or replacement of a non-Federal 

levee or other flood control structure, provided that the Administrator, in 

consultation with the Army Corps of Engineers (if appropriate), requires 

an eligible entity to determine that such levee or structure is designed, 

constructed, and maintained in accordance with sound engineering 

practices and standards equivalent to the purpose for which such levee or 

structure is intended;

 (F) shoreline erosion;

 (G) high water levels; and

 (H) storm surges.

(4)   Zoning and Land Use Planning Changes - A participating entity may use 

than 10 percent of a capitalization grant under this section to enable units of local 

government to implement zoning and land use planning changes focused on –

 (A) the development and improvement of zoning and land use codes that 

incentivize and encourage low-impact development, resilient wildlandurban interface land management and development, natural infrastructure, 

green stormwater management, conservation areas adjacent to floodplains, 

implementation of watershed or greenway master plans, and reconnection 

of floodplains;

 (B) the study and creation of agricultural risk compensation districts where 

there is a desire to remove or set-back levees protecting highly developed 

agricultural land to mitigate for flooding, allowing agricultural producers 

to receive compensation for assuming greater flood risk that would alleviate 

flood exposure to population centers and areas with critical national 

infrastructure;

 (C) the study and creation of land use incentives that reward developers for 

greater reliance on low impact development stormwater best management 

practices, exchange density increases for increased open space and 

improvement of neighborhood catch basins to mitigate urban flooding, 

reward developers for including and augmenting natural infrastructure 

adjacent to and around building projects without reliance on increased 

sprawl, and reward developers for addressing wildfire ignition; and

 (D) the study and creation of an erosion response plan that accommodates river, 

lake, forest, plains, and ocean shoreline retreating or bluff stabilization due 

STAFFORD ACT > TITLE II > § 205
15

to increased flooding and disaster impacts.

(5) Establishing and Carrying Out Building Code Enforcement - A p

entity may use capitalization grants under this section to enable units of local 

government to establish and carry out the latest published editions of relevant 

building codes, specifications, and standards for the purpose of protecting the 

health, safety, and general welfare of the building’s users against disasters and 

natural hazards.

(6)   Administrative and Technical Costs - For each fiscal year, a participatin

may use the amount described in paragraph (1)(C) to -

 (A) pay the reasonable costs of administering the programs under this section, 

including the cost of establishing an entity loan fund; and

 (B) provide technical assistance to recipients of financial assistance from the 

entity loan fund, on the condition that such technical assistance does not 

exceed 5 percent of the capitalization grant made to such entity.

(7)   Limitation for Single Projects - A participating entity may not provide an 

equal to or more than $5,000,000 to a single hazard mitigation project.

(8)   Requirements - For fiscal year 2022 and each fiscal year thereafter, the requir

of subchapter IV of chapter 31 of title 40, United States Code, shall apply to the 

construction of projects carried out in whole or in part with assistance made 

available by an entity loan fund authorized by this section.

(g) Intended Use P

(1)   In General - After providing for public comment and review, and consult

with appropriate government agencies of the State or Indian tribal government, 

Federal agencies, and interest groups, each participating entity shall annually 

prepare and submit to the Administrator a plan identifying the intended uses of 

the entity loan fund.

(2)   Contents of Plan - An entity intended use plan prepared under paragraph

shall include -

 (A) the integration of entity planning efforts, including entity hazard mitigation 

plans and other programs and initiatives relating to mitigation of major 

disasters carried out by such entity;

 (B) an explanation of the mitigation and resiliency benefits the entity intends to 

achieve by - 

 (i) reducing future damage and loss associated with hazards;

 (ii) reducing the number of severe repetitive loss structures and repetitive 

loss structures in the entity;

 (iii) decreasing the number of insurance claims in the entity from injuries 

resulting from major disasters or other natural hazards; and

 (iv) increasing the rating under the community rating system under 

section 1315(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 

4022(b)) for communities in the entity;

STAFFORD ACT > TITLE II > § 205
16

 (C) information on the availability of, and application process for, financial 

assistance from the entity loan fund of such entity;

 (D) the criteria and methods established for the distribution of funds;

 (E) the amount of financial assistance that the entity anticipates apportioning;

 (F) the expected terms of the assistance provided from the entity loan fund; and

 (G) a description of the financial status of the entity loan fund, including shortterm and long-term goals for the fund.

(h) Audits, Reports, Publications, and Ov

(1)   Biennial Entity Audit and Report - Beginning not later than the last 

second fiscal year after the receipt of payments under this section, and biennially 

thereafter, any participating entity shall - 

 (A) conduct an audit of the entity loan fund established under subsection (c); 

and

 (B) provide to the Administrator a report including - 

 (i) the result of any such audit; and

 (ii) a review of the effectiveness of the entity loan fund of the entity with 

respect to meeting the goals and intended benefits described in the 

intended use plan submitted by the entity under subsection (g).

(2) Publication - A participating entity shall publish and periodically update

information about all projects receiving funding from the entity loan fund of such 

entity, including -

 (A) the location of the project;

 (B) the type and amount of assistance provided from the entity loan fund;

 (C) the expected funding schedule; and

 (D) the anticipated date of completion of the project.

(3) Oversight 

 (A)   In General - The Administrator shall, at least every 4 years, c

reviews and audits as may be determined necessary or appropriate by the 

Administrator to carry out the objectives of this section and determine the 

effectiveness of the fund in reducing natural hazard risk.

 (B) GAO Requirements - A participating entity shall conduct audi

paragraph (1) in accordance with the auditing procedures of the Government 

Accountability Office, including generally accepted government auditing 

standards.

 (C)   Recommendations by Administrator - The Administrator may at a

make recommendations for or require specific changes to an entity loan 

fund in order to improve the effectiveness of the fund.

(i)   Regulations or Guidance - The Administrator shall issue such regulations or 

as are necessary to -

STAFFORD ACT > TITLE II > § 205
17

(1) ensure that each participating entity uses funds as efficiently as possible;

(2) reduce waste, fraud, and abuse to the maximum extent possible; and

(3) require any party that receives funds directly or indirectly under this section, 

including a participating entity and a recipient of amounts from an entity loan 

fund, to use procedures with respect to the management of the funds that conform 

to generally accepted accounting standards.

(j) Waiver Authority - Until such time as the Administrator issues final regulations

implement this section, the Administrator may - 

(1) waive notice and comment rulemaking, if the Administrator determines the 

waiver is necessary to expeditiously implement this section; and

(2) provide capitalization grants under this section as a pilot program.

(k)   Liability Protections - The Agency shall not be liable for any claim based on the exerc

or performance of, or the failure to exercise or perform, a discretionary function or duty 

by the Agency, or an employee of the Agency in carrying out this section.

(l)  GAO Report - Not later than 1 year after the date on which the first entity lo

is established under subsection (c), the Comptroller General of the United States 

shall submit to the Committee on Homeland Security and Governmental Affairs of 

the Senate and the Committee on Transportation and Infrastructure of the House of 

Representatives a report that examines - 

(1) the appropriateness of regulations and guidance issued by the Administrator for 

the program, including any oversight of the program;

(2) a description of the number of the entity loan funds established, the projects 

funded from such entity loan funds, and the extent to which projects funded by 

the loan funds adhere to any applicable hazard mitigation plans;

(3) the effectiveness of the entity loan funds to lower disaster related costs; and

(4) recommendations for improving the administration of entity loan funds.

(m) Definitions - In this section, the following definitions appl

(1)   Administrator - The term “Administrator” means the Administrator of the Fede

Emergency Management Agency.

(2) Agency - The term “Agency” means the Federal Emergency Management Agenc

(3) Eligible Entity - The term “eligible entity” means 

 (A) a State; or

 (B) an Indian tribal government that has received a major disaster declaration 

during the 5-year period ending on [January 1, 2021].

(4)   Hazard Mitigation Plan - The term “hazard mitigation plan” means a mitiga

plan submitted under section 322.

(5)   Insular Area - The term “insular area” means Guam, American Samoa

Commonwealth of the Northern Mariana Islands, and the United States Virgin 

Islands.

(6)  Low-income Geographic Area - The term “low-income geographic area” m

STAFFORD ACT > TITLE II > § 205
18

area described in paragraph (1) or (2) of section 301(a) of the Public Works and 

Economic Development Act of 1965 (42 U.S.C. 3161(a)).

(7) Participating Entity - The term “participating entity” means an eligible entity that

has entered into an agreement under this section.

(8)   Repetitive Loss Structure - The term “repetitive loss structure” has 

given the term in section 1370 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4121).

(9)   Severe Repetitive Loss Structure - The term “severe repetitive loss

the meaning given the term in section 1366(h) of the National Flood Insurance 

Act of 1968 (42 U.S.C. 4104c(h)).

(10)   State - The term “State” means any State of the United States, the District

Columbia, and Puerto Rico.

(11)   Wildland-Urban Interface - The term “wildland-urban interface”

meaning given the term in section 101 of the Healthy Forests Restoration Act of 

2003 (16 U.S.C. 6511).

(n)  Authorization ofAppropriations - There are authorized to be appropriated $100,

for each of fiscal years 2022 through 2023 to carry out this section.

STAFFORD ACT > TITLE II > § 205
19

STAFFORD ACT > TITLE III > §§ 301-303

Title III - Major Disaster and Emergency 

Assistance Administration

Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141)

Any Federal agency charged with the administration of a Federal assistance program may, if 

so requested by the applicant State or local authorities, modify or waive, for a major disaster, 

such administrative conditions for assistance as would otherwise prevent the giving of 

assistance under such programs if the inability to meet such conditions is a result of the 

major disaster.

Sec. 302. Coordinating Officers (42 U.S.C. 5143)

(a) Appointment of Federal Coordinating Officer - Immediately upon his dec

major disaster or emergency, the President shall appoint a Federal coordinating officer 

to operate in the affected area.

(b) Functions of Federal Coordinating Officer - In order to effectuate the purpos

Act, the Federal coordinating officer, within the affected area, shall—

(1) make an initial appraisal of the types of relief most urgently needed; 

(2) establish such field offices as he deems necessary and as are authorized by the 

President; 

(3) coordinate the administration of relief, including activities of the State and 

local governments, the American National Red Cross, the Salvation Army, the 

Mennonite Disaster Service, and other relief or disaster assistance organizations, 

which agree to operate under his advice or direction, except that nothing 

contained in this Act shall limit or in any way affect the responsibilities of the 

American National Red Cross under chapter 3001 of title 36; and 

(4) take such other action, consistent with authority delegated to him by the President, 

and consistent with the provisions of this Act, as he may deem necessary to assist 

local citizens and public officials in promptly obtaining assistance to which they 

are entitled.

(c) State Coordinating Officer - When the President determines assistance under t

is necessary, he shall request that the Governor of the affected State designate a State 

coordinating officer for the purpose of coordinating State and local disaster assistance 

efforts with those of the Federal Government.

(d) Single Federal Coordinating Officer for Multi-state Area - Where t

by a major disaster or emergency includes parts of more than 1 State, the President, at 

the discretion of the President, may appoint a single Federal coordinating officer for the 

entire affected area, and may appoint such deputy Federal coordinating officers to assist 

the Federal coordinating officer as the President determines appropriate.

Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144)

(a) Emergency Support Teams – The President shall form emergency support t

Federal personnel to be deployed in an area affected by a major disaster or emergency. 
20

STAFFORD ACT > TITLE III > §§ 303-305

Such emergency support teams shall assist the Federal coordinating officer in carrying 

out his responsibilities pursuant to this Act. Upon request of the President, the head of 

any Federal agency is directed to detail to temporary duty with the emergency support 

teams on either a reimbursable or nonreimbursable basis, as is determined necessary 

by the President, such personnel within the administrative jurisdiction of the head of 

the Federal agency as the President may need or believe to be useful for carrying out 

the functions of the emergency support teams, each such detail to be without loss of 

seniority, pay, or other employee status.

(b) Emergency Response

(1) Establishment - In carrying out subsection (a), the President, acting through the

Administrator of [FEMA], shall establish-

 (A) at a minimum 3 national response teams; and

 (B) sufficient regional response teams, including Regional Office strike teams 

under [6 U.S.C. § 317]; and

 (C) other response teams as may be necessary to meet the incident management 

responsibilities of the Federal Government.

(2) Target Capability Level - The Administrator shall ensure that specific 

capability levels, as defined pursuant to the guidelines established under [6 U.S.C. 

§ 746(a)], are established for Federal emergency response teams.

(3) Personnel - The President, acting through the Administrator, shall ensure tha

the Federal emergency response teams consist of adequate numbers of properly 

planned, organized, equipped, trained, and exercised personnel to achieve the 

established target capability levels. Each emergency response team shall work in 

coordination with State and local officials and onsite personnel associated with a 

particular incident.

(4) Readiness Reporting - The Administrator shall evaluate team readines

regular basis and report team readiness levels in the report required under [6 

U.S.C. § 752(a)].

Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147)

Federal agencies may be reimbursed for expenditures under this Act from funds appropriated 

for the purposes of this Act. Any funds received by Federal agencies as reimbursement for 

services or supplies furnished under the authority of this Act shall be deposited to the credit 

of the appropriation or appropriations currently available for such services or supplies.

Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148)

The Federal Government shall not be liable for any claim based upon the exercise or 

performance of or the failure to exercise or perform a discretionary function or duty on 

the part of a Federal agency or an employee of the Federal Government in carrying out the 

provisions of this Act.
21

STAFFORD ACT > TITLE III > §§ 305-307

Sec. 306. Performance of Services (42 U.S.C. 5149)

(a) Utilization of Services or Facilities of State and Local Governments -

out the purposes of this Act, any Federal agency is authorized to accept and utilize 

the services or facilities of any State or local government, or of any agency, office, or 

employee thereof, with the consent of such government.

(b) Appointment of Temporary Personnel, Experts, and Consultants; Ac

or Hire of Equipment, Services, Materials and Supplies - In perform

under this Act, any Federal agency is authorized - 

(1) to appoint and fix the compensation of such temporary personnel as may be 

necessary, without regard to the provisions of title 5 governing appointments in 

competitive service; 

(2) to employ experts and consultants in accordance with the provisions of section 

3109 of such title, without regard to the provisions of chapter 51 and subchapter 

III of chapter 53 of such title relating to classification and General Schedule pay 

rates; and 

(3) to incur obligations on behalf of the United States by contract or otherwise for 

the acquisition, rental, or hire of equipment, services, materials, and supplies 

for shipping, drayage, travel, and communications, and for the supervision and 

administration of such activities. Such obligations, including obligations arising 

out of the temporary employment of additional personnel, may be incurred by an 

agency in such amount as may be made available to it by the President. 

(c) The Administrator of [FEMA] is authorized to appoint temporary personnel, after 

serving continuously for 3 years, to positions in [FEMA] in the same manner that 

competitive service employees with competitive status are considered for transfer, 

reassignment, or promotion to such positions. An individual appointed under this 

subsection shall become a career-conditional employee, unless the employee has 

already completed the service requirements for career tenure.

Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150)

(a) Contracts or Agreements with Private Ent

(1) In General - In the expenditure of Federal funds for debris clearance, distribu

of supplies, reconstruction, and other major disaster or emergency assistance 

activities which may be carried out by contract or agreement with private 

organizations, firms, or individuals, preference shall be given, to the extent feasible 

and practicable, to those organizations, firms, and individuals residing or doing 

business primarily in the area affected by such major disaster or emergency.

(2) Construction - This section shall not be considered to restrict the use o

Department of Defense resources under this Act in the provision of assistance in 

a major disaster. 

(3) Specific Geographic Area - In carrying out this section, a contract or a

may be set aside for award based on a specific geographic area.
22

STAFFORD ACT > TITLE III > §§ 307-309

(b) Implementati

(1) Contracts Not to Entities in Area - Any expenditure of Federal funds for de

clearance, distribution of supplies, reconstruction, and other major disaster or 

emergency assistance activities which may be carried out by contract or agreement 

with private organizations, firms, or individuals, not awarded to an organization, 

firm, or individual residing or doing business primarily in the area affected by 

such major disaster shall be justified in writing in the contract file.

(2) Transition - Following the declaration of an emergency or major disaster, a

agency performing response, relief, and reconstruction activities shall transition 

work performed under contracts in effect on the date on which the President 

declares the emergency or major disaster to organizations, firms, and individuals 

residing or doing business primarily in any area affected by the major disaster or 

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

practicable to do so.

(3) Formation of Requirements – The head of a Federal agency, as feasibl

practicable, shall formulate appropriate requirements to facilitate compliance with 

this section. 

(c) Prior Contracts - Nothing in this section shall be construed to require any Federal

agency to breach or renegotiate any contract in effect before the occurrence of a major 

disaster or emergency.

Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151)

(a) Regulations for Equitable and Impartial Relief Operations - The Presid

and may alter and amend, such regulations as may be necessary for the guidance of 

personnel carrying out Federal assistance functions at the site of a major disaster or 

emergency. Such regulations shall include provisions for insuring that the distribution 

of supplies, the processing of applications, and other relief and assistance activities shall 

be accomplished in an equitable and impartial manner, without discrimination on the 

grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or 

economic status.

(b) Compliance with Regulations as Prerequisite to Participation byO

Operations - As a condition of participation in the distribution of assistance or suppli

under this Act or of receiving assistance under this Act, governmental bodies and other 

organizations shall be required to comply with regulations relating to nondiscrimination 

promulgated by the President, and such other regulations applicable to activities within 

an area affected by a major disaster or emergency as he deems necessary for the effective 

coordination of relief efforts. 

Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152)

(a) In providing relief and assistance under this Act, the President may utilize, with 

their consent, the personnel and facilities of the American National Red Cross, the 

Salvation Army, the Mennonite Disaster Service, long-term recovery groups, domestic 

hunger relief, and other relief, or disaster assistance organizations, in the distribution 

of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or 
23

STAFFORD ACT > TITLE III > §§ 309-311

reconstruction of community services housing and essential facilities, whenever the 

President finds that such utilization is necessary.

(b) The President is authorized to enter into agreements with the American National 

Red Cross, the Salvation Army, the Mennonite Disaster Service, long-term recovery 

groups, domestic hunger relief, and other relief, or disaster assistance organizations 

under which the disaster relief activities of such organizations may be coordinated by 

the Federal coordinating officer whenever such organizations are engaged in providing 

relief during and after a major disaster or emergency. Any such agreement shall 

include provisions assuring that use of Federal facilities, supplies, and services will be 

in compliance with regulations prohibiting duplication of benefits and guaranteeing 

nondiscrimination promulgated by the President under this Act, and such other 

regulation as the President may require. 

Sec. 310. Priority to Certain Applications for Public Facility and Public Housing 

Assistance (42 U.S.C. 5153)

(a) Priority - In the processing of applications for assistance, priority and immediate 

consideration shall be given by the head of the appropriate Federal agency, during such 

period as the President shall prescribe, to applications from public bodies situated in 

areas affected by major disasters under the following Acts: 

(1) The United States Housing Act of 1937 [42 U.S.C. § 1437 et seq.] for the provision 

of low-income housing. 

(2) [4o U.S.C. §§] 3502 to 3505 for assistance in public works planning. 

(3) The Community Development Block Grant Program under title I of the Housing 

and Community Development Act of 1974 [42 U.S.C. § 5301 et seq.]. 

(4) [7 U.S.C. §] 1926. 

(5) The Public Works and Economic Development Act of 1965 [42 U.S.C. § 3121 et 

seq.]. 

(6) Subtitle IV of title 40. 

(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 f

funds which are not allocated among the States or political subdivisions of a State, the 

Secretary of Housing and Urban Development and the Secretary of Commerce shall 

give priority to applications for projects for major disaster areas. 

Sec. 311. Insurance (42 U.S.C. 5154)

(a) Applicants for Replacement of Damaged 

(1) Compliance with Certain Regulations - An applicant for assistance under

5172 of this title [Section 406] (relating to repair, restoration, and replacement of 

damaged facilities), section 5189 of this title [Section 422] (relating to simplified 

procedure) or section 3149(c)(2) of this title shall comply with regulations 

prescribed by the President to assure that, with respect to any property to be 

replaced, restored, repaired, or constructed with such assistance, such types 
24

and extent of insurance will be obtained and maintained as may be reasonably 

available, adequate, and necessary, to protect against future loss to such property. 

(2) Determination - In making a determination with respect to availability, adequacy

and necessity under paragraph (1), the President shall not require greater types 

and extent of insurance than are certified to him as reasonable by the appropriate 

State insurance commissioner responsible for regulation of such insurance.

(b) Maintenance of Insurance - No applicant for assistance under section 5172 of thi

[Section 406] (relating to repair, restoration, and replacement of damaged facilities), 

section 5189 of this title [Section 422] (relating to simplified procedure), or section 

3149(c)(2) of this title may receive such assistance for any property or part thereof 

for which the applicant has previously received assistance under this Act unless all 

insurance required pursuant to this section has been obtained and maintained with 

respect to such property. The requirements of this subsection may not be waived under 

section 5141 of this title [Section 301].

(c) State Acting as Self-insurer - A State may elect to act as a self-insurer with res

any or all of the facilities owned by the State. Such an election, if declared in writing at 

the time of acceptance of assistance under section 5172 or 5189 of this title [Section 406 

or 422] or section 3149(c)(2) of this title) or subsequently and accompanied by a plan 

for self-insurance which is satisfactory to the President, shall be deemed compliance 

with subsection (a). No such self-insurer may receive assistance under section 5172 

or 5189 of this title [Section 406 or 422] for any property or part thereof for which it 

has previously received assistance under this Act, to the extent that insurance for such 

property or part thereof would have been reasonably available. 

Prohibited Flood Disaster Assistance (42 U.S.C. 5154a)*

(a) General Prohibition - Notwithstanding any other provision of law, no Feder

disaster relief assistance made available in a flood disaster area may be used to make a 

payment (including any loan assistance payment) to a person for repair, replacement, 

or restoration for damage to any personal, residential, or commercial property if that 

person at any time has received flood disaster assistance that was conditional on 

the person first having obtained flood insurance under applicable Federal law and 

subsequently having failed to obtain and maintain flood insurance as required under 

applicable Federal law on such property.

(b) Transfer of Prope

(1) Duty to Notify - In the event of the transfer of any property described 

paragraph (3), the transferor shall, not later than the date on which such transfer 

occurs, notify the transferee in writing of the requirements to -

 (A) obtain flood insurance in accordance with applicable Federal law with 

respect to such property, if the property is not so insured as of the date on 

which the property is transferred; and 

 (B) maintain flood insurance in accordance with applicable Federal law with 

respect to such property. Such written notification shall be contained in 

documents evidencing the transfer of ownership of the property.

STAFFORD ACT > TITLE III > § 311, 42 U.S.C. § 5154a

* This section enacted by Sec. 582 of the National Flood Insurance Reform Act of 1994.
25

STAFFORD ACT > TITLE III > 42 U.S.C. § 5154a, § 312

* Amended Flood Disaster Protection Act (42 U.S.C 4012a(a)) to state requirement to maintain flood 

insurance exists for the life of the property, regardless of transfer of ownership.

 (2) 
26

STAFFORD ACT > TITLE III > § 312

assistance to the agency providing the Federal assistance.

(2) Procedures - The President shall establish such procedures as the Presid

considers necessary to ensure uniformity in preventing duplication of benefits.

(3) Effect of Partial Benefits - Receipt of partial benefits for a major disa

emergency shall not preclude provision of additional Federal assistance for any 

part of a loss or need for which benefits have not been provided.

(4) Waiver of General Prohibiti

 (A) In General - The President may waive the general prohibition provided

subsection (a) upon request of a Governor on behalf of the State or on behalf 

of a person, business concern, or any other entity suffering losses as a result 

of a major disaster or emergency, if the President finds such waiver is in the 

public interest and will not result in waste, fraud, or abuse. In making this 

decision, the President may consider the following: 

 (i) The recommendations of the Administrator of [FEMA] made in 

consultation with the Federal agency or agencies administering the 

duplicative program.

 (ii) If a waiver is granted, the assistance to be funded is cost effective.

 (iii) Equity and good conscience.

 (iv) Other matters of public policy considered appropriate by the President.

 (B)  Grant or Denial of Waiver - A request under subparagraph (A) sha

granted or denied not later than 45 days after submission of such request.

 (C) Prohibition on Determination that Loan is a Duplication - Notwithstan

subsection (c), in carrying out subparagraph (A), the President may not 

determine that a loan is a duplication of assistance, provided that all Federal 

assistance is used toward a loss suffered as a result of the major disaster or 

emergency.

(c) Recovery of Duplicative Benefits - A person receiving Federal assistance f

disaster or emergency shall be liable to the United States to the extent that such assistance 

duplicates benefits available to the person for the same purpose from another source. 

The agency which provided the duplicative assistance shall collect such duplicative 

assistance from the recipient in accordance with chapter 37 of title 31, relating to debt 

collection, when the head of such agency considers it to be in the best interest of the 

Federal Government.

(d) Assistance Not Income - Federal major disaster and emergency assistance provid

individuals and families under this Act, and comparable disaster assistance provided by 

States, local governments, and disaster assistance organizations, shall not be considered 

as income or a resource when determining eligibility for or benefit levels under federally 

funded income assistance or resource-tested benefit programs. 

* The Disaster Recovery Reform Act (DRRA), Div. D of Pub. L. 115-254 § 1210 (2018). Sec. 1210 of 

DRRA provides that section 312(b)(4) is effective for declarations between Jan. 1, 2016 to Dec. 31, 

2021. It does not apply to sections 406 and 408 of the Stafford Act. The authority in section 312(b)

(4) expires on Oct. 5, 2023.
27

STAFFORD ACT > TITLE III > §§ 313-315

Sec. 313. Standards and Reviews (42 U.S.C. 5156)

The President shall establish comprehensive standards which shall be used to assess the 

efficiency and effectiveness of Federal major disaster and emergency assistance programs 

administered under this Act. The President shall conduct annual reviews of the activities 

of Federal agencies and State and local governments in major disaster and emergency 

preparedness and in providing major disaster and emergency assistance in order to assure 

maximum coordination and effectiveness of such programs and consistency in policies for 

reimbursement of States under this Act.

Sec. 314. Penalties (42 U.S.C. 5157)

(a) Misuse of Funds - Any person who knowingly misapplies the proceeds of a loan or 

cash benefit obtained under this Act shall be fined an amount equal to one and one-half 

times the misapplied amount of the proceeds or cash benefit.

(b) Civil Enforcement - Whenever it appears that any person has violated or is about

violate any provision of this Act, including any civil penalty imposed under this Act, the 

Attorney General may bring a civil action for such relief as may be appropriate. Such 

action may be brought in an appropriate United States district court.

(c) Referral to Attorney General - The President shall expeditiously refer to the 

General for appropriate action any evidence developed in the performance of functions 

under this Act that may warrant consideration for criminal prosecution.

(d) Civil Penalty - Any individual who knowingly violates any order or regulation issu

under this Act shall be subject to a civil penalty of not more than $5,000 for each 

violation. 

Sec. 315. Availability of Materials (42 U.S.C. 5158)

The President is authorized, at the request of the Governor of an affected State, to provide 

for a survey of construction materials needed in the area affected by a major disaster on 

an emergency basis for housing repairs, replacement housing, public facilities repairs and 

replacement, farming operations, and business enterprises and to take appropriate action to 

assure the availability and fair distribution of needed materials, including, where possible, 

the allocation of such materials for a period of not more than one hundred and eighty days 

after such major disaster. Any allocation program shall be implemented by the President to 

the extent possible, by working with and through those companies which traditionally supply 

construction materials in the affected area. For the purposes of this section “construction 

materials” shall include building materials and materials required for repairing housing, 

replacement housing, public facilities repairs and replacement, and for normal farm and 

business operations.

Sec. 316. Protection of Environment (42 U.S.C. 5159)

An action which is taken or assistance which is provided pursuant to section 5170a, 5170b, 

5172, 5173, or 5192 of this title [Section 402, 403, 406, 407, or 502], including such assistance 

provided pursuant to the procedures provided for in section 5189 of this title [Section 422], 

which has the effect of restoring a facility substantially to its condition prior to the disaster 

or emergency, shall not be deemed a major Federal action significantly affecting the quality 
28

STAFFORD ACT > TITLE III > §§ 316-319

of the human environment within the meaning of the National Environmental Policy Act of 

1969 (83 Stat. 852) [42 U.S.C. §4321 et seq.]. Nothing in this section shall alter or affect the 

applicability of the National Environmental Policy Act of 1969 [42 U.S.C. §4321 et seq.] to 

other Federal actions taken under this Act or under any other provisions of law.

Sec. 317. Recovery of Assistance (42 U.S.C. 5160)

(a) Party Liable - Any person who intentionally causes a condition for which Federa

assistance is provided under this Act or under any other Federal law as a result of a 

declaration of a major disaster or emergency under this Act shall be liable to the United 

States for the reasonable costs incurred by the United States in responding to such 

disaster or emergency to the extent that such costs are attributable to the intentional act 

or omission of such person which caused such condition. Such action for reasonable 

costs shall be brought in an appropriate United States district court.

(b) Rendering of Care - A person shall not be liable under this section for costs incur

the United States as a result of actions taken or omitted by such person in the course of 

rendering care or assistance in response to a major disaster or emergency. 

Sec. 318. Audits and Investigations (42 U.S.C. 5161)

(a) In General - Subject to the provisions of chapter 75 of title 31, relating to requireme

for single audits, the President shall conduct audits and investigations as necessary 

to assure compliance with this Act, and in connection therewith may question such 

persons as may be necessary to carry out such audits and investigations.

(b) Access to Records - For purposes of audits and investigations under this section,

President and Comptroller General may inspect any books, documents, papers, and 

records of any person relating to any activity undertaken or funded under this Act.

(c) State and Local Audits - The President may require audits by State and

governments in connection with assistance under this Act when necessary to assure 

compliance with this Act or related regulations. 

Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162)

(a) In General - The President may lend or advance to an eligible applicant or a State 

portion of assistance for which the State is responsible under the cost-sharing provisions 

of this Act in any case in which -

(1) the State is unable to assume its financial responsibility under such cost-sharing 

provisions—

 (A) with respect to concurrent, multiple major disasters in a jurisdiction, or 

 (B) after incurring extraordinary costs as a result of a particular disaster; and

(2) the damages caused by such disasters or disaster are so overwhelming and severe 

that it is not possible for the applicant or the State to assume immediately their 

financial responsibility under this Act.

(b) Terms of Loans and Ad

(1) In General - Any loan or advance under this section shall be repaid to the Un
29

STAFFORD ACT > TITLE III > §§ 319-322

States.

(2) Interest - Loans and advances under this section shall bear interest at a r

determined by the Secretary of the Treasury, taking into consideration the current 

market yields on outstanding marketable obligations of the United States with 

remaining periods to maturity comparable to the reimbursement period of the 

loan or advance.

(c) Regulations - The President shall issue regulations describing the terms and conditio

under which any loan or advance authorized by this section may be made. 

Sec. 320. Limitation on Use of Sliding Scales (42 U.S.C. 5163)

No geographic area shall be precluded from receiving assistance under this Act solely by 

virtue of an arithmetic formula or sliding scale based on income or population.

Sec. 321. Rules and Regulations (42 U.S.C. 5164)

The President may prescribe such rules and regulations as may be necessary and proper to 

carry out the provisions of this Act, and may exercise, either directly or through such Federal 

agency as the President may designate, any power or authority conferred to the President by 

this Act.

Sec. 322. Mitigation Planning (42 U.S.C. 5165)

(a) Requirement of Mitigation Plan - As a condition of receipt of an increased F

share for hazard mitigation measures under subsection (e) of this section, a State, 

local, or tribal government shall develop and submit for approval to the President a 

mitigation plan that outlines processes for identifying the natural hazards, risks, and 

vulnerabilities of the area under the jurisdiction of the government.

(b) Local and Tribal Plans - Each mitigation plan developed by a local or tribal governme

shall -

(1) describe actions to mitigate hazards, risks, and vulnerabilities identified under the 

plan; and

(2) establish a strategy to implement those actions.

(c) State Plans - The State process of development of a mitigation plan under this sectio

shall -

(1) identify the natural hazards, risks, and vulnerabilities of areas in the State;

(2) support development of local mitigation plans;

(3) provide for technical assistance to local and tribal governments for mitigation 

planning; and

(4) identify and prioritize mitigation actions that the State will support, as resources 

become available.

(d) Funding 

(1) In General - Federal contributions under section 5170c of this title [Section 4

may be used to fund the development and updating of mitigation plans under this 
30

STAFFORD ACT > TITLE III > § 322-324

section.

(2) Maximum Federal Contribution - With respect to any mitigation plan, a 

local, or tribal government may use an amount of Federal contributions under 

section 5170c of this title [Section 404] not to exceed 7 percent of the amount 

of such contributions available to the government as of a date determined by the 

government.

(e) Increased Federal Share for Hazard Miti

(1) In General - If, at the time of the declaration of a major disaster or event un

section 420, a State has in effect an approved mitigation plan under this section, 

the President may increase to 20 percent, with respect to the major disaster or 

event under section 420, the maximum percentage specified in the last sentence 

of section 5170c(a) of this title [Section 404(a)].

(2) Factors for Consideration -In determining whether to increase the maxi

percentage under paragraph (1), the President shall consider whether the State 

has established -

 (A) eligibility criteria for property acquisition and other types of mitigation 

measures; 

 (B) requirements for cost effectiveness that are related to the eligibility criteria; 

 (C) a system of priorities that is related to the eligibility criteria; and 

 (D) a process by which an assessment of the effectiveness of a mitigation action 

may be carried out after the mitigation action is complete. 

Sec. 323. Minimum Standards for Public and Private Structures 

(42 U.S.C. 5165a)

(a) In General - As a condition of receipt of a disaster loan or grant under this 

(1) the recipient shall carry out any repair or construction to be financed with the loan 

or grant in accordance with applicable standards of safety, decency, and sanitation 

and in conformity with applicable codes, specifications, and standards; and

(2) the President may require safe land use and construction practices, after adequate 

consultation with appropriate State and local government officials.

(b) Evidence of Compliance - A recipient of a disaster loan or grant under this Act

provide such evidence of compliance with this section as the President may require by 

regulation. 

Sec. 324. Management Costs (42 U.S.C. 5165b)

(a) Definition of Management Cost - In this section, the term “management cost” in

any indirect cost, any direct administrative cost, and any other administrative expense 

associated with a specific project under a major disaster, emergency, or disaster 

preparedness or mitigation activity or measure.

(b) Establishment of Management Cost 

(1)  In General - Notwithstanding any other provision of law (includin
31

STAFFORD ACT > TITLE III > §§ 324-325

administrative rule or guidance), the President shall by regulation implement 

management cost rates, for grantees and subgrantees, that shall be used to 

determine contributions under this Act for management costs.

(2) Specific Management Costs - The Administrator of [FEMA] shall prov

following percentage rates, in addition to the eligible project costs, to cover direct 

and indirect costs of administering the following programs:

 (A) Hazard Mitigation - A grantee under section 404 may be reimbursed n

more than 15 percent of the total amount of the grant award under such 

section of which not more than 10 percent may be used by the grantee and 5 

percent by the subgrantee for such costs.

 (B) Public Assistance - A grantee under sections 403, 406, 407, and 502 may 

reimbursed not more than 12 percent of the total award amount under such 

sections, of which not more than 7 percent may be used by the grantee and 5 

percent by the subgrantee for such costs.

(c) Review - The President shall review the management cost rates established und

subsection (b) not later than 3 years after the date of establishment of the rates and 

periodically thereafter. 

Sec. 325. Public Notice, Comment, and Consultation Requirements 

(42 U.S.C. 5165c)

(a) Public Notice and Comment Concerning New or Mod

(1) In General - The President shall provide for public notice and opportunity 

comment before adopting any new or modified policy that -

 (A) governs implementation of the public assistance program administered by 

[FEMA] under this Act; and 

 (B) could result in a significant reduction of assistance under the program.

(2) Application - Any policy adopted under paragraph (1) shall apply only to a ma

disaster or emergency declared on or after the date on which the policy is adopted.

(b) Consultation Concerning Interim Pol

(1) In General - Before adopting any interim policy under the public assist

program to address specific conditions that relate to a major disaster or 

emergency that has been declared under this Act, the President, to the maximum 

extent practicable, shall solicit the views and recommendations of grantees and 

subgrantees with respect to the major disaster or emergency concerning the 

potential interim policy, if the interim policy is likely -

 (A) to result in a significant reduction of assistance to applicants for the assistance 

with respect to the major disaster or emergency; or 

 (B) to change the terms of a written agreement to which the Federal Government 

is a party concerning the declaration of the major disaster or emergency.

(2) No Legal Right of Action - Nothing in this subsection confers a legal rig

action on any party.
32

STAFFORD ACT > TITLE III > §§ 325-327

(c) Public Access - The President shall promote public access to policies governing t

implementation of the public assistance program. 

Sec. 326. Designation of Small State and Rural Advocate (42 U.S.C. 5165d)

(a)  In General - The President shall designate in [FEMA] a Small State and Rural Adv

(b) Responsibilities - The Small State and Rural Advocate shall be an advocate for the f

treatment of small States and rural communities in the provision of assistance under 

this Act.

(c) Duties - The Small State and Rural Advocate shall 

(1) participate in the disaster declaration process under section 5170 of this title 

[Section 401] and the emergency declaration process under section 5191 of 

this title [Section 501], to ensure that the needs of rural communities are being 

addressed;

(2) assist small population States in the preparation of requests for major disaster or 

emergency declarations; and

(3) conduct such other activities as the Administrator of [FEMA] considers 

appropriate.

Sec. 327. National Urban Search and Rescue Response System (42 U.S.C. 5165f) 

(a) Definitions - In this section, the following definitions shall appl

(1) Administrator - The term ‘‘Administrator’’ means the Administrator of [FEMA

(2) Agency - The term ‘‘Agency’’ means [FEMA

(3) Hazard - The term ‘‘hazard’’ has the meaning given the term in section 60

(4) Nonemployee System Member - The term ‘‘nonemployee System member’

System member not employed by a sponsoring agency or participating agency.

(5) Participating Agency - The term ‘‘participating agency’’ means a State or loc

government, nonprofit organization, or private organization that has executed an 

agreement with a sponsoring agency to participate in the System.

(6) Sponsoring Agency - The term ‘‘sponsoring agency’’ means a State or lo

government that is the sponsor of a task force designated by the Administrator to 

participate in the System.

(7)   System - The term ‘‘System’’ means the National Urban Search and Res

Response System to be administered under this section.

(8) System Member - The term ‘‘System member’’ means an individual who is n

full-time employee of the Federal Government and who serves on a task force or 

on a System management or other technical team.

(9) Task Force - The term ‘‘task force’’ means an urban search and rescue tea

designated by the Administrator to participate in the System.

(b)   General Authority - Subject to the requirements of this section, the Adminis

shall continue to administer the emergency response system known as the National 
33

STAFFORD ACT > TITLE III > § 327

Urban Search and Rescue Response System.

(c) Functions - In administering the System, the Administrator shall provide for a

national network of standardized search and rescue resources to assist States and local 

governments in responding to hazards.

(d) Task Forces. 

(1) Designation - The Administrator shall designate task forces to participate in the

System. The Administration shall determine the criteria for such participation.

(2) Sponsoring Agencies - Each task force shall have a sponsoring agency.

Administrator shall enter into an agreement with the sponsoring agency with 

respect to the participation of each task force in the System.

(3) Composition

 (A) Participating Agencies - A task force may include, at the discretion of 

sponsoring agency, one or more participating agencies. The sponsoring 

agency shall enter into an agreement with each participating agency with 

respect to the participation of the participating agency on the task force.

 (B)  Other Individuals - A task force may also include, at the discretion 

sponsoring agency, other individuals not otherwise associated with the 

sponsoring agency or a participating agency. The sponsoring agency of a task 

force may enter into a separate agreement with each such individual with 

respect to the participation of the individual on the task force.

(e)   Management and Technical Teams - The Administrator shall main

management teams and other technical teams as the Administrator determines are 

necessary to administer the System.

(f) Appointment of System Members into Fe

(1)  In General - The Administrator may appoint a System member into Fe

service for a period of service to provide for the participation of the System 

member in exercises, preincident staging, major disaster and emergency response 

activities, and training events sponsored or sanctioned by the Administrator.

(2)   Nonapplicability of Certain Civil Service Laws - The Administra

appointments under paragraph (1) without regard to the provisions of title 5, 

United States Code, governing appointments in the competitive service.

(3)  Relationship to Other Authorities - The authority of the Administrato

appointments under this subsection shall not affect any other authority of the 

Administrator under this Act.

(4)  Limitation - A System member who is appointed into Federal service und

paragraph (1) shall not be considered an employee of the United States for 

purposes other than those specifically set forth in this section.

(g) Compensation

(1) Pay of System Members—Subject to such terms and conditions a

Administrator may impose by regulation, the Administrator shall make payments 
34

to the sponsoring agency of a task force - 

 (A) to reimburse each employer of a System member on the task force for 

compensation paid by the employer to the System member for any period 

during which the System member is appointed into Federal service under 

subsection (f)(1); and

 (B) to make payments directly to a nonemployee System member on the task 

force for any period during which the nonemployee System member is 

appointed into Federal service under subsection (f)(1).

(2) Reimbursement for Employees Filling Positions of Sy

 (A) In General - Subject to such terms and conditions as the Administra

may impose by regulation, the Administrator shall make payments to the 

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

System member on the task force for compensation paid by the employer to 

an employee filling a position normally filled by the System member for any 

period during which the System member is appointed into Federal service 

under subsection (f)(1). 

 (B)  Limitation - Costs incurred by an employer shall be eligible f

reimbursement under subparagraph (A) only to the extent that the costs are 

in excess of the costs that would have been incurred by the employer had the 

System member not been appointed into Federal service under subsection 

(f)(1).

(3)  Method of Payment. - A System member shall not be entitled to pay di

from the Agency for a period during which the System member is appointed into 

Federal Service under subsection (f)(1).

(h) Personal Injury, Illness, Disability, or D

(1)  In General - A System member who is appointed into Federal service 

subsection (f)(1) and who suffers personal injury, illness, disability, or death as a 

result of a personal injury sustained while acting in the scope of such appointment, 

shall, for the purposes of subchapter I of chapter 81 of title 5, United States Code, 

be treated as though the member were an employee (as defined by section 8101 of 

that title) who had sustained the injury in the performance of duty.

(2) Election of Benef

 (A)  In General - A System member (or, in the case of the death of the S

member, the System member’s dependent) who is entitled under paragraph 

(1) to receive benefits under subchapter I of chapter 81 of title 5, United 

States Code, by reason of personal injury, illness, disability, or death, and 

to receive benefits from a State or local government by reason of the same 

personal injury, illness, disability or death shall elect to - 

 (i) receive benefits under such subchapter; or

 (ii) receive benefits from the State or local government.

 (B) Deadline - A System member or dependent shall make an election 

benefits under subparagraph (A) not later than 1 year after the date of the 

STAFFORD ACT > TITLE III > § 327
35

STAFFORD ACT > TITLE III > § 327

personal injury, illness, disability, or death that is the reason for the benefits, 

or until such later date as the Secretary of Labor may allow for reasonable 

cause shown.

 (C) Effect of Election - An election of benefits made under this paragrap

irrevocable unless otherwise provided by law.

(3)  Reimbursement for State or Local Benefits - Subject to such terms 

as the Administrator may impose by regulation, if a System member or dependent 

elects to receive benefits from a State or local government under paragraph (2)(A), 

the Administrator shall reimburse the State or local government for the value of 

the benefits.

(4) Public Safety Officer Claims - Nothing in this subsection shall be cons

bar any claim by, or with respect to, any System member who is a public safety 

officer, as defined in section 1204 of title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (42 U.S.C. 3796b), for any benefits authorized under part L of 

title I of that Act (42 U.S.C. 3796 et seq.).

(i)  Liability - A System member appointed into Federal service under subsection (f)(1

while acting within the scope of the appointment, shall be considered to be an employee 

of the Federal Government under section 1346(b) of title 28, United States Code, and 

chapter 171 of that title, relating to tort claims procedure.

(j) Employment and Reemployment Rights - With respect to a System membe

not a regular full-time employee of a sponsoring agency or participating agency, the 

following terms and conditions apply:

(1)  Service - Service as a System member shall be considered to be ‘‘service in

uniformed services’’ for purposes of chapter 43 of title 38, United States Code, 

relating to employment and reemployment rights of individuals who have 

performed service in the uniformed services (regardless of whether the individual 

receives compensation for such participation). All rights and obligations of such 

persons and procedures for assistance, enforcement, and investigation shall be as 

provided for in such chapter.

(2) Preclusion - Preclusion of giving notice of service by necessity of appointmen

under this section shall be considered to be preclusion by ‘‘military necessity’’ 

for purposes of section 4312(b) of title 38, United States Code, pertaining to 

giving notice of absence from a position of employment. A determination of such 

necessity shall be made by the Administrator and shall not be subject to judicial 

review.

(k) Licenses and Permits - If a System member holds a valid license, certificate, or o

permit issued by any State or other governmental jurisdiction evidencing the member’s 

qualifications in any professional, mechanical, or other skill or type of assistance required 

by the System, the System member is deemed to be performing a Federal activity when 

rendering aid involving such skill or assistance during a period of appointment into 

Federal service under subsection (f)(1).

(l) Preparedness Cooperative Agreements - Subject to the availability of approp

such purpose, the Administrator shall enter into an annual preparedness cooperative 
36

agreement with each sponsoring agency. Amounts made available to a sponsoring 

agency under such a preparedness cooperative agreement shall be for the following 

purposes:

(1) training and exercises, including training and exercises with other Federal, State, 

and local government response entities.

(2) acquisition and maintenance of equipment, including interoperable 

communications and personal protective equipment.

(3) medical monitoring required for responder safety and health in anticipation of 

and following a major disaster, emergency, or other hazard, as determined by the 

Administrator.

(m)  Response Cooperative Agreements - The Administrator shall enter in

cooperative agreement with each sponsoring agency, as appropriate, under which the 

Administrator agrees to reimburse the sponsoring agency for costs incurred by the 

sponsoring agency in responding to a major disaster or emergency.

(n) Obligations - The Administrator may incur all necessary obligations consistent with

this section in order to ensure the effectiveness of the System.

(o) Equipment Maintenance and Replacement - Not later than 180 days aft

of enactment of this section, the Administrator shall submit to the appropriate 

congressional committees (as defined in section 2 of the Homeland Security Act of 

2002 (6 U.S.C. 101)) a report on the development of a plan, including implementation 

steps and timeframes, to finance, maintain, and replace System equipment.

(p) Federal Employees - Nothing in this section shall be construed to mean that a task 

may not include Federal employees. In the case of a Federal employee detailed to a task 

force, the sponsoring agency shall enter into an agreement with the relevant employing 

Federal agency.

STAFFORD ACT > TITLE III > § 327
37

Title IV - Major Disaster Assistance Programs

Sec. 401. Procedure for Declaration (42 U.S.C. 5170)

(a) In General - All requests for a declaration by the President that a major disaster exists sh

be made by the Governor of the affected State. Such a request shall be based on a finding 

that the disaster is of such severity and magnitude that effective response is beyond the 

capabilities of the State and the affected local governments and that Federal assistance is 

necessary. As part of such request, and as a prerequisite to major disaster assistance under 

this Act, the Governor shall take appropriate response action under State law and direct 

execution of the State’s emergency plan. The Governor shall furnish information on the 

nature and amount of State and local resources which have been or will be committed to 

alleviating the results of the disaster, and shall certify that, for the current disaster, State 

and local government obligations and expenditures (of which State commitments must 

be a significant proportion) will comply with all applicable cost-sharing requirements of 

this Act. Based on the request of a Governor under this section, the President may declare 

under this Act that a major disaster or emergency exists.

(b) Indian Tribal Government R

(1) In General - The Chief Executive of an affected Indian tribal government 

submit a request for a declaration by the President that a major disaster exists 

consistent with the requirements of subsection (a). 

(2) References - In implementing assistance authorized by the President under

chapter in response to a request of the Chief Executive of an affected Indian tribal 

government for a major disaster declaration, any reference in this subchapter or 

subchapter III (except sections 5153 and 5165d of this title [Sections 310 and 

326]) to a State or the Governor of a State is deemed to refer to an affected Indian 

tribal government or the Chief Executive of an affected Indian tribal government, 

as appropriate.

(3) Savings Provision - Nothing in this subsection shall prohibit an Indian tribal

government from receiving assistance under this subchapter through a declaration 

made by the President at the request of a State under subsection (a) if the President 

does not make a declaration under this subsection for the same incident.

(c) Cost Share Adjustments for Indian Trib

(1) In General - In providing assistance to an Indian tribal government under t

subchapter, the President may waive or adjust any payment of a non-Federal 

contribution with respect to the assistance if - 

 (A) the President has the authority to waive or adjust the payment under another 

provision of this subchapter; and 

 (B) the President determines that the waiver of adjustment is necessary and 

appropriate. 

(2)  Criteria for Making Determinations – The President shall establish criter

making determinations under paragraph (1)(B).
38

STAFFORD ACT > TITLE IV > §§ 402-403

Sec. 402. General Federal Assistance (42 U.S.C. 5170a)

In any major disaster, the President may -

(1) direct any Federal agency, with or without reimbursement, to utilize its authorities 

and the resources granted to it under Federal law (including personnel, equipment, 

supplies, facilities, and managerial, technical, and advisory services) in support of 

State and local assistance response and recovery efforts, including precautionary 

evacuations;

(2) coordinate all disaster relief assistance (including voluntary assistance) provided 

by Federal agencies, private organizations, and State and local governments, 

including precautionary evacuations and recovery;

(3) provide technical and advisory assistance to affected State and local governments 

for -

 (A) the performance of essential community services; 

 (B) issuance of warnings of risks and hazards; 

 (C) public health and safety information, including dissemination of such 

information; 

 (D) provision of health and safety measures; 

 (E) management, control, and reduction of immediate threats to public health 

and safety; and

 (F) recovery activities, including disaster impact assessments and planning;

(4) assist State and local governments in the distribution of medicine, food, and other 

consumable supplies, and emergency assistance; 

(5) provide assistance to State and local governments for building code and floodplain 

management ordinance administration and enforcement, including inspections 

for substantial damage compliance; and

(6) provide accelerated Federal assistance and Federal support where necessary to 

save lives, prevent human suffering, or mitigate severe damage, which may be 

provided in the absence of a specific request and in which case the President—

 (A) shall, to the fullest extent practicable, promptly notify and coordinate with 

officials in a State in which such assistance or support is provided; and

 (B) shall not, in notifying and coordinating with a State under subparagraph 

(A), delay or impede the rapid deployment, use, and distribution of critical 

resources to victims of a major disaster.

Sec. 403. Essential Assistance (42 U.S.C. 5170b)

(a) In General - Federal agencies may on the direction of the President, provide assista

essential to meeting immediate threats to life and property resulting from a major 

disaster, as follows:

(1) Federal Resources, Generally - Utilizing, lending, or donating to 

local governments Federal equipment, supplies, facilities, personnel, and other 
39

STAFFORD ACT > TITLE IV > § 403

resources, other than the extension of credit, for use or distribution by such 

governments in accordance with the purposes of this Act.

(2) Medicine, Food, andOther Consumables - Distributing or rendering th

and local governments, the American National Red Cross, the Salvation Army, the 

Mennonite Disaster Service, and other relief and disaster assistance organizations 

medicine durable medical equipment, food, and other consumable supplies, and 

other services and assistance to disaster victims.

(3) Work and Services to Save Lives and Protect Property - Performing

private lands or waters any work or services essential to saving lives and protecting 

and preserving property or public health and safety, including -

 (A) debris removal; 

 (B) search and rescue, emergency medical care, emergency mass care, emergency 

shelter, and provision of food, water, medicine durable medical equipment, 

and other essential needs, including movement of supplies or persons; 

 (C) clearance of roads and construction of temporary bridges necessary to the 

performance of emergency tasks and essential community services; 

 (D) provision of temporary facilities for schools and other essential community 

services; 

 (E) demolition of unsafe structures which endanger the public; 

 (F) warning of further risks and hazards; 

 (G) dissemination of public information and assistance regarding health and 

safety measures; 

 (H) provision of technical advice to State and local governments on disaster 

management and control;

 (I) reduction of immediate threats to life, property, and public health and safety; 

and

 (J) provision of rescue, care, shelter, and essential needs -

 (i) to individuals with household pets and service animals; and

 (ii) to such pets and animals.

(4) Contributions - Making contributions to State or local governments or owner

or operators of private nonprofit facilities for the purpose of carrying out the 

provisions of this subsection.

(b) Federal Share - The Federal share of assistance under this section shall be not less 

75 percent of the eligible cost of such assistance.

(c) Utilization of DOD Resou

(1) General Rule - During the immediate aftermath of an incident whic

ultimately qualify for assistance under this title or title V of this Act, the Governor 

of the State in which such incident occurred may request the President to direct 

the Secretary of Defense to utilize the resources of the Department of Defense for 
40

STAFFORD ACT > TITLE IV > § 403

the purpose of performing on public and private lands any emergency work which 

is made necessary by such incident and which is essential for the preservation 

of life and property. If the President determines that such work is essential for 

the preservation of life and property, the President shall grant such request to the 

extent the President determines practicable. Such emergency work may only be 

carried out for a period not to exceed 10 days.

(2) Rules Applicable to Debris Removal - Any removal of debris and wreckag

out under this subsection shall be subject to section 5173(b) of this title [Section 

407(b)], relating to unconditional authorization and indemnification for debris 

removal.

(3) Expenditures out of Disaster Relief Funds - The cost of any assist

pursuant to this subsection shall be reimbursed out of funds made available to 

carry out this Act.

(4) Federal Share - The Federal share of assistance under this subsection shall be

less than 75 percent.

(5) Guidelines - Not later than 180 days after November 23, 1988, the President s

issue guidelines for carrying out this subsection. Such guidelines shall consider 

any likely effect assistance under this subsection will have on the availability of 

other forms of assistance under this Act.

(6) Definitions - For purposes of this sectio

 (A) Department of Defense - The term “Department of Defense” 

meaning the term “department” has under section 101 of title 10.

 (B) Emergency Work - The term “emergency work” includes clearance a

removal of debris and wreckage and temporary restoration of essential 

public facilities and services. 

(d) Salaries and Bene

(1) In General - If the President declares a major disaster or emergency for an a

within the jurisdiction of a State, tribal, or local government, the President may 

reimburse the State, tribal, or local government for costs relating to - 

 (A) basic pay and benefits for permanent employees of the State, tribal, or local 

government conducting emergency protective measures under this section, 

if—

 (i) the work is not typically performed by the employees; and 

 (ii) the type of work may otherwise be carried out by contract or agreement 

with private organizations, firms, or individuals[;] or

 (B) overtime and hazardous duty compensation for permanent employees 

of the State, tribal, or local government conducting emergency protective 

measures under this section.

(2) Overtime - The guidelines for reimbursement for costs under paragraph (1) sha
41

STAFFORD ACT > TITLE IV > §§ 403-404

ensure that no State, tribal, or local government is denied reimbursement for 

overtime payments that are required pursuant to the Fair Labor Standards Act of 

1938 (29 U.S.C. 201 et seq.).

(3) No Effect on Mutual Aid Pacts - Nothing in this subsection shall af

ability of the President to reimburse labor force expenses provided pursuant to an 

authorized mutual aid pact. 

Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)

(a) In General - The President may contribute up to 75 percent of the cost of haz

mitigation measures which the President has determined are cost effective and which 

substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, 

or suffering in any area affected by a major disaster, or any area affected by a fire for 

which assistance was provided under section 420. Such measures shall be identified 

following the evaluation of natural hazards under section 5165 of this title [Section 

322] and shall be subject to approval by the President. Subject to section 5165 of this 

title [Section 322], the total of contributions under this section for a major disaster 

or event under section 420 shall not exceed 15 percent for amounts not more than 

$2,000,000,000, 10 percent for amounts of more than $2,000,000,000 and not more 

than $10,000,000,000, and 7.5 percent on amounts of more than $10,000,000,000 and 

not more than $35,333,000,000 of the estimated aggregate amount of grants to be made 

(less any associated administrative costs) under this Act with respect to the major 

disaster or event under section 420.*

(b) Property Acquisition and Relocation Ass

(1) General Authority - In providing hazard mitigation assistance under this se

in connection with flooding, the Administrator of [FEMA] may provide property 

acquisition and relocation assistance for projects that meet the requirements of 

paragraph (2).

(2) Terms and Conditions - An acquisition or relocation project shall be eligibl

receive assistance pursuant to paragraph (1) only if -

 (A) the applicant for the assistance is otherwise eligible to receive assistance 

under the hazard mitigation grant program established under subsection (a) 

of this section; and

 (B) on or after December 3, 1993, the applicant for the assistance enters 

into an agreement with the Administrator that provides assurances 

that -

* Sec. 1210(b) of DRRA provides that “Notwithstanding section 312 of the [Stafford Act] (42 U.S.C. 

5155) and its implementing regulations, assistance provided pursuant to section 404 of such Act 

may be used to fund activities authorized for construction within the scope of a federally authorized 

water resources development project of the Army Corps of Engineers if such activities are also 

eligible activities under such section.” The provision also says that federal funding provided pursant 

to this section may not exceed the total Federal share for the project. In addition, no further federal 

funding shall be provided for construction of such a project constructed with funding pursuant to this 

subsection.
42

STAFFORD ACT > TITLE IV > § 404

 (i) any property acquired, accepted, or from which a structure will be 

removed pursuant to the project will be dedicated and maintained in 

perpetuity for a use that is compatible with open space, recreational, or 

wetlands management practices;

 (ii) no new structure will be erected on property acquired, accepted or from 

which a structure was removed under the acquisition or relocation 

program other than -

 (I) a public facility that is open on all sides and functionally related to 

a designated open space; 

 (II) a rest room; or 

 (III) a structure that the Administrator approves in writing before the 

commencement of the construction of the structure; and

 (iii) after receipt of the assistance, with respect to any property acquired, 

accepted or from which a structure was removed under the acquisition 

or relocation program - 

 (I) no subsequent application for additional disaster assistance for 

any purpose will be made by the recipient to any Federal entity; 

and 

 (II) no assistance referred to in subclause (I) will be provided to the 

applicant by any Federal source.

(3) Statutory Construction - Nothing in this subsection is intended to alter

otherwise affect an agreement for an acquisition or relocation project carried out 

pursuant to this section that was in effect on the day before December 3, 1993.

(c) Program Administration by Stat

(1) In General - A State desiring to administer the hazard mitigation grant prog

established by this section with respect to hazard mitigation assistance in the State 

may submit to the President an application for the delegation of the authority to 

administer the program.

(2) Criteria - The President, in consultation and coordination with States an

local governments, shall establish criteria for the approval of applications 

submitted under paragraph (1). Until such time as the Administrator 

promulgates regulations to implement this paragraph, the Administrator 

may waive notice and comment rulemaking, if the Administrator 

determines doing so is necessary to expeditiously implement this section, and may 

carry out this section as a pilot program. The criteria shall include, at a minimum - 

 (A) the demonstrated ability of the State to manage the grant program under this 

section; 

 (B) there being in effect an approved mitigation plan under section 5165 of this 

title [Section 322]; and 

 (C) a demonstrated commitment to mitigation activities.

(3) Approval - The President shall approve an application submitted under paragra
43

STAFFORD ACT > TITLE IV > § 404

(1) that meets the criteria established under paragraph (2).

(4) Withdrawal of Approval - If, after approving an application of a State subm

under paragraph (1), the President determines that the State is not administering 

the hazard mitigation grant program established by this section in a manner 

satisfactory to the President, the President shall withdraw the approval.

(5) Audits - The President shall provide for periodic audits of the hazard mitigati

grant programs administered by States under this subsection. 

(d) Streamlined Proce

(1) In General - For the purpose of providing assistance under this section, 

President shall ensure that—

 (A) adequate resources are devoted to ensure that applicable environmental 

reviews under the National Environmental Policy Act of 1969 [42 U.S.C. 

4321 et seq.] and historic preservation reviews under the National Historic 

Preservation Act [16 U.S.C. 470 et seq.] are completed on an expeditious 

basis; and 

 (B) the shortest existing applicable process under the National Environmental 

Policy Act of 1969 [42 U.S.C. 4321 et seq.] and the National Historic 

Preservation Act [16 U.S.C. 470 et seq.] is utilized.

(2) Authority for Other Expedited Procedures - The President may util

procedures in addition to those required under paragraph (1) for the purpose of 

providing assistance under this section, such as procedures under the Prototype 

Programmatic Agreement of [FEMA], for the consideration of multiple structures 

as a group and for an analysis of the cost-effectiveness and fulfillment of cost-share 

requirements for proposed hazard mitigation measures.

(e) Advance Assistance - The President may provide not more than 25 percent of

amount of the estimated cost of hazard mitigation measures to a State grantee eligible 

for a grant under this section before eligible costs are incurred.

(f) Use of Assistance - Recipients of hazard mitigation assistance provided under t

section and section 203 may use the assistance to conduct activities to help reduce the 

risk of future damage, hardship, loss, or suffering in any area affected by a wildfire or 

windstorm, such as—

(1) reseeding ground cover with quick-growing or native species;

(2) mulching with straw or chipped wood;

(3) constructing straw, rock, or log dams in small tributaries to prevent flooding;

(4) placing logs and other erosion barriers to catch sediment on hill slopes;

(5) installing debris traps to modify road and trail drainage mechanisms;

(6) modifying or removing culverts to allow drainage to flow freely;

(7) adding drainage dips and constructing emergency spillways to keep roads and 

bridges from washing out during floods; 

(8) planting grass to prevent the spread of noxious weeds;
44

STAFFORD ACT > TITLE IV > §§ 404-405

(9) installing warning signs;

(10) establishing defensible space measures; 

(11) reducing hazardous fuels;

(12) mitigating windstorm damage, including replacing or installing electrical 

transmission or distribution utility pole structures with poles that are resilient to 

extreme wind and combined ice and wind loadings for the basic wind speeds and 

ice conditions associated with the relevant location;

(13) removing standing burned trees; and

(14) replacing water systems that have been burned and have caused contamination.

(g) Use of Assistance for Earthquake Hazards - Recipients of hazard mitigation as

provided under this section and section 203 may use the assistance to conduct activities 

to help reduce the risk of future damage, hardship, loss, or suffering in any area affected 

by earthquake hazards, including—

(1) improvements to regional seismic networks in support of building a capability for 

earthquake early warning;

(2) improvements to geodetic networks in support of building a capability for 

earthquake early warning; and

(3) improvements to seismometers, Global Positioning System receivers, and 

associated infrastructure in support of building a capability for earthquake early 

warning.

Sec. 405. Federal Facilities (42 U.S.C. 5171)

(a) Repair, Reconstruction, Restoration, or Replacement of United State

President may authorize any Federal agency to repair, reconstruct, restore, or replace 

any facility owned by the United States and under the jurisdiction of such agency 

which is damaged or destroyed by any major disaster if he determines that such repair, 

reconstruction, restoration, or replacement is of such importance and urgency that it 

cannot reasonably be deferred pending the enactment of specific authorizing legislation 

or the making of an appropriation for such purposes, or the obtaining of congressional 

committee approval.

(b) Availability of Funds Appropriated to Agency for Repai

Restoration, or Replacement of Agency Facilities - In order to carry out the 

of this section, such repair, reconstruction, restoration, or replacement may be begun 

notwithstanding a lack or an insufficiency of funds appropriated for such purpose, 

where such lack or insufficiency can be remedied by the transfer, in accordance with 

law, of funds appropriated to that agency for another purpose.

(c) Steps for Mitigation of Hazards - In implementing this section, Federal a

shall evaluate the natural hazards to which these facilities are exposed and shall take 

appropriate action to mitigate such hazards, including safe land-use and construction 

practices, in accordance with standards prescribed by the President. 
45

STAFFORD ACT > TITLE IV > § 406

Sec. 406. Repair, Restoration, and Replacement of Damaged Facilities 

(42 U.S.C. 5172)

(a) Contributions

(1) In General - The President may make contributio

 (A) to a State or local government for the repair, restoration, reconstruction, or 

replacement of a public facility damaged or destroyed by a major disaster 

and for associated expenses incurred by the government; and

 (B) subject to paragraph (3), to a person that owns or operates a private nonprofit 

facility damaged or destroyed by a major disaster for the repair, restoration, 

reconstruction, or replacement of the facility and for associated expenses 

incurred by the person.

(2) Associated Expenses - For the purposes of this section, associated expenses 

include -

 (A) the costs of mobilizing and employing the National Guard for performance 

of eligible work;

 (B) the costs of using prison labor to perform eligible work, including wages 

actually paid, transportation to a worksite, and extraordinary costs of 

guards, food, and lodging; 

 (C) base and overtime wages for the employees and extra hires of a State, local 

government, or person described in paragraph (1) that perform eligible 

work, plus fringe benefits on such wages to the extent that such benefits were 

being paid before the major disaster; and

 (D) base and overtime wages for extra hires to facilitate the implementation and 

enforcement of adopted building codes for a period of not more than 180 

days after the major disaster is declared.

(3) Conditions for Assistance to Private Nonprofit Fa

 (A) In General - The President may make contributions to a private nonpro

facility under paragraph (1)(B) only if -

 (i) the facility provides critical services (as defined by the President) in the 

event of a major disaster; or

 (ii) the owner or operator of the facility -

 (I) has applied for a disaster loan under [Sec. 7(b) of the Small 

Business Act (15 U.S.C. § 636(b))]; and

 (II) (aa) has been determined to be ineligible for such a loan; or

 (bb) has obtained such a loan in the maximum amount for which 

the Small Business Administration determines the facility is 

eligible.

 (B) Definition of Critical Services - In this paragraph, the term “cr

services” includes power, water (including water provided by an irrigation 

organization or facility), sewer, wastewater treatment, communications 
46

STAFFORD ACT > TITLE IV > § 406

(including broadcasting and telecommunications), education, and 

emergency medical care.

 (C) Religious Facilities - A church, synagogue, mosque, temple, or other h

of worship, educational facility, or any other private nonprofit facility, shall 

be eligible for contributions under paragraph (1)(B), without regard to the 

religious character of the facility or the primary religious use of the facility. 

No house of worship, educational facility, or any other private nonprofit 

facility may be excluded from receiving contributions under paragraph (1)

(B) because leadership or membership in the organization operating the 

house of worship is limited to persons who share a religious faith or practice.

(4) Notification to Congress - Before making any contribution under this section

an amount greater than $20,000,000, the President shall notify—

 (A) the Committee on Environment and Public Works of the Senate;

 (B) the Committee on Transportation and Infrastructure of the House of 

Representatives;

 (C) the Committee on Appropriations of the Senate; and

 (D) the Committee on Appropriations of the House of Representatives.

(b) Federal Sh

(1) Minimum Federal Share - Except as provided in paragraph (2), the Federal sh

assistance under this section shall be not less than 75 percent of the eligible cost of 

repair, restoration, reconstruction, or replacement carried out under this section.

(2) Reduced Federal Share* - The President shall promulgate regulations

the Federal share of assistance under this section to not less than 25 percent in 

the case of the repair, restoration, reconstruction, or replacement of any eligible 

public facility or private nonprofit facility following an event associated with a 

major disaster -

 (A) that has been damaged, on more than one occasion within the preceding 

10-year period, by the same type of event; and

 (B) the owner of which has failed to implement appropriate mitigation measures 

to address the hazard that caused the damage to the facility.

(3) Increased Federal

 (A) Incentive Measures - The President may provide incentives to a St

Tribal government to invest in measures that increase readiness for, and 

resilience from, a major disaster by recognizing such investments through a 

sliding scale that increases the minimum Federal share to 85 percent. Such 

measures may include - 

 (i) the adoption of a mitigation plan approved under section 322;

 (ii) investments in disaster relief, insurance, and emergency management 

programs;

 (iii) encouraging the adoption and enforcement of the latest published 

* This paragraph is not effective until FEMA issues implementing regulations.
47

STAFFORD ACT > TITLE IV > § 406

editions of relevant consensus-based codes, specifications, and 

standards that incorporate the latest hazard-resistant designs and 

establish minimum acceptable criteria for the design, construction, 

and maintenance of residential structures and facilities that may be 

eligible for assistance under this Act for the purpose of protecting 

the health, safety, and general welfare of the buildings’ users against 

disasters;

 (iv) facilitating participation in the community rating system; and

 (v) funding mitigation projects or granting tax incentives for projects that 

reduce risk.

 (B)  Comprehensive Guidance - Not later than 1 year after the date of

of this paragraph, the President, acting through the Administrator, shall 

issue comprehensive guidance to State and Tribal governments regarding 

the measures and investments, weighted appropriately based on actuarial 

assessments of eligible actions, that will be recognized for the purpose of 

increasing the Federal share under this section. Guidance shall ensure that 

the agency’s review of eligible measures and investments does not unduly 

delay determining the appropriate Federal cost share.

 (C)  Report - One year after the issuance of the guidance require

subparagraph (B), the Administrator shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives and the 

Committee on Homeland Security and Governmental Affairs of the Senate 

a report regarding the analysis of the Federal cost shares paid under this 

section.

 (D)  Savings Clause - Nothing in this paragraph prevents the President

increasing the Federal cost share above 85 percent.

(c) Large In-Lieu Contrib

(1) For Public Facilities

 (A) In General - In any case in which a State or local government determi

that the public welfare would not best be served by repairing, restoring, 

reconstructing, or replacing any public facility owned or controlled by 

the State or local government, the State or local government may elect to 

receive, in lieu of a contribution under subsection (a)(1)(A) of this section, a 

contribution in an amount equal to the Federal share of the Federal estimate 

of the cost of repairing, restoring, reconstructing, or replacing the facility 

and of management expenses.

 (B) Use of Funds - Funds contributed to a State or local government under t

paragraph may be used -

 (i) to repair, restore, or expand other selected public facilities; 

 (ii) to construct new facilities; or 

 (iii) to fund hazard mitigation measures that the State or local government 

determines to be necessary to meet a need for governmental services 
48

STAFFORD ACT > TITLE IV > § 406

and functions in the area affected by the major disaster.

 (C) Limitations - Funds made available to a State or local government under this

paragraph may not be used for -

 (i) any public facility located in a regulatory floodway (as defined in 

section 59.1 of title 44, Code of Federal Regulations (or a successor 

regulation)); or 

 (ii) any uninsured public facility located in a special flood hazard area 

identified by the Administrator of [FEMA] under the National Flood 

Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

(2) For Private Nonprofit Facilit

 (A) In General - In any case in which a person that owns or operate

private nonprofit facility determines that the public welfare would not 

best be served by repairing, restoring, reconstructing, or replacing 

the facility, the person may elect to receive, in lieu of a contribution 

under subsection (a)(1)(B), a contribution in an amount equal to the 

Federal share of the Federal estimate of the cost of repairing, restoring, 

reconstructing, or replacing the facility and of management expenses.

 (B) Use of Funds - Funds contributed to a person under this paragraph may

used -

 (i) to repair, restore, or expand other selected private nonprofit facilities 

owned or operated by the person; 

 (ii) to construct new private nonprofit facilities to be owned or operated by 

the person; or 

 (iii) to fund hazard mitigation measures that the person determines to be 

necessary to meet a need for the person’s services and functions in the 

area affected by the major disaster.

 (C) Limitations - Funds made available to a person under this paragraph may not

be used for -

 (i) any private nonprofit facility located in a regulatory floodway (as 

defined in section 59.1 of title 44, Code of Federal Regulations (or a 

successor regulation)); or 

 (ii) any uninsured private nonprofit facility located in a special flood 

hazard area identified by the Administrator of [FEMA] under the 

National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

(d) Flood Insuran

(1) Reduction of Federal Assistance - If a public facility or private nonprofit

located in a special flood hazard area identified for more than 1 year by the 

Administrator pursuant to the National Flood Insurance Act of 1968 (42 U.S.C. 

4001 et seq.) is damaged or destroyed, after the 180th day following November 23, 

1988, by flooding in a major disaster and such facility is not covered on the date of 
49

STAFFORD ACT > TITLE IV > § 406

such flooding by flood insurance, the Federal assistance which would otherwise 

be available under this section with respect to repair, restoration, reconstruction, 

and replacement of such facility and associated expenses shall be reduced in 

accordance with paragraph (2). This section shall not apply to more than one 

building of a multi-structure educational, law enforcement, correctional, fire, or 

medical campus, for any major disaster or emergency declared by the President 

under section 401 or 501, respectively, of the [Stafford Act] (42 U.S.C. 5170, 5191) 

on or after January 1, 2016 through December 31, 2018.

(2) Amount of Reduction - The amount of a reduction in Federal assistanc

this section with respect to a facility shall be the lesser of -

 (A) the value of such facility on the date of the flood damage or 

destruction, or 

 (B) the maximum amount of insurance proceeds which would have been 

payable with respect to such facility if such facility had been covered by flood 

insurance under the National Flood Insurance Act of 1968 on such date.

(3) Exception - Paragraphs (1) and (2) shall not apply to a private nonprofit facilit

which is not covered by flood insurance solely because of the local government’s 

failure to participate in the flood insurance program established by the National 

Flood Insurance Act.

(4) Dissemination of Information - The President shall disseminate informat

regarding the reduction in Federal assistance provided for by this subsection to 

State and local governments and the owners and operators of private nonprofit 

facilities who may be affected by such a reduction.

(e) Eligible Cost 

(1) Determination

 (A) In General – For the purposes of this section, for disasters declared on

after August 1, 2017, or a disaster in which a cost estimate has not yet been 

finalized for a project, or for any project for which the finalized estimate is on 

appeal, the President shall estimate the eligible cost of repairing, restoring, 

reconstructing, or replacing a public facility or private nonprofit facility—

 (i) on the basis of the design of the facility as the facility existed 

immediately before the major disaster;

 (ii) in conformity with the latest published editions of relevant consensusbased codes, specifications, and standards that incorporate the latest 

hazard-resistant designs and establish minimum acceptable criteria 

for the design, construction, and maintenance of residential structures 

and facilities that may be eligible for assistance under this Act for the 

purposes of protecting the health, safety, and general welfare of the 

facility’s users against disasters (including floodplain management 

and hazard mitigation criteria required by the President or under the 

Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)); and 

 (iii) in a manner that allows the facility to meet the definition of resilient 
50

developed pursuant to this subsection.*

 (B) cost Estimation ProcEDUrEs** – 

 (i) in gEnEral – Subject to paragraph (2), the President shall use the cost 

estimation procedures established under paragraph (3) to determine 

the eligible cost under this subsection.

 (ii) aPPlicability – The procedures specified in this paragraph and 

paragraph (2) shall apply only to projects the eligible cost of which is 

equal to or greater than the amount specified in section 5189 of this 

title [Section 422]. 

 (C) contribUtions – Contributions for the eligible cost made under this section 

may be provided on an actual cost basis or on cost-estimation procedures.**

Note: Subsection (e)(2) is not effective until the regulations required under subsection (e)(3) 

are published.

 (2) moDiFication oF EligiblE cost -

 (A) actUal cost grEatEr than cEiling PErcEntagE oF EstimatED cost - In any 

case in which the actual cost of repairing, restoring, reconstructing, or 

replacing a facility under this section is greater than the ceiling percentage 

established under paragraph (3) of the cost estimated under paragraph (1), 

the President may determine that the eligible cost includes a portion of the 

actual cost of the repair, restoration, reconstruction, or replacement that 

exceeds the cost estimated under paragraph (1).

 (B) actUal cost lEss than EstimatED cost -

 (i) grEatEr than or EqUal to Floor PErcEntagE oF EstimatED cost - In any 

case in which the actual cost of repairing, restoring, reconstructing, or 

replacing a facility under this section is less than 100 percent of the cost 

estimated under paragraph (1), but is greater than or equal to the floor 

percentage established under paragraph (3) of the cost estimated under 

paragraph (1), the State or local government or person receiving funds 

under this section shall use the excess funds to carry out cost-effective 

activities that reduce the risk of future damage, hardship, or suffering 

from a major disaster.

 (ii) lEss than Floor PErcEntagE oF EstimatED cost - In any case in which 

the actual cost of repairing, restoring, reconstructing, or replacing a 

facility under this section is less than the floor percentage established 

under paragraph (3) of the cost estimated under paragraph (1), the 

State or local government or person receiving assistance under this 

section shall reimburse the President in the amount of the difference.

STAFFORD ACT > TITLE IV > § 406

* Subsection (e)(1)(A)(iii) is not effective until FEMA issues regulations required by subsection (e)(5)(A).

** Cost estimation procedures are not effective until FEMA issues regulations required by subsection 

(e)(3).
51

 (C) No Effect on Appeals Process - Nothing in this paragraph affects any 

appeal under section 5189a of this title [Section 423].

(3) Expert Pane

 (A) Establishment - Not later than 18 months after October 30, 2000, the

President, acting through the Administrator of [FEMA], shall establish an 

expert panel, which shall include representatives from the construction 

industry and State and local government.

 (B) Duties - The expert panel shall develop recommendations concerning 

 (i) procedures for estimating the cost of repairing, restoring, 

reconstructing, or replacing a facility consistent with industry 

practices; and 

 (ii) the ceiling and floor percentages referred to in paragraph (2).

 (C) Regulations - Taking into account the recommendations of the expert pan

under subparagraph (B), the President shall promulgate regulations that 

establish - 

 (i) cost estimation procedures described in subparagraph (B)(i); and 

 (ii) the ceiling and floor percentages referred to in paragraph (2).

 (D) Review by President - Not later than 2 years after the date of promulg

of regulations under subparagraph (C) and periodically thereafter, the 

President shall review the cost estimation procedures and the ceiling and 

floor percentages established under this paragraph.

 (E) Report to Congress - Not later than 1 year after the date of promulgatio

regulations under subparagraph (C), 3 years after that date, and at the end 

of each 2-year period thereafter, the expert panel shall submit to Congress a 

report on the appropriateness of the cost estimation procedures.

(4) Special Rule - In any case in which the facility being repaired, rest

reconstructed, or replaced under this section was under construction on the date 

of the major disaster, the cost of repairing, restoring, reconstructing, or replacing 

the facility shall include, for the purposes of this section, only those costs that, 

under the contract for the construction, are the owner’s responsibility and not the 

contractor’s responsibility.

(5) New R

 (A)   In General - Not later than [April 5, 2020], the President, acting throug

Administrator of [FEMA], and in consultation with the heads of relevant 

Federal departments and agencies, shall issue a final rulemaking that defines 

the terms “resilient” and “resiliency” for purposes of this subsection.

 (B)   Interim Guidance - Not later than [Dec. 4, 2018], the Administrato

issue interim guidance to implement this subsection. Such interim guidance 

shall expire 18 months after the date of enactment of this paragraph or 

upon issuance of final regulations pursuant to subparagraph (A), whichever 

occurs first.

STAFFORD ACT > TITLE IV > § 406
52

STAFFORD ACT > TITLE IV > §§ 406-408

 (C)   Guidance - Not later than 90 days after the date on which the Administ

issues the final rulemaking under this paragraph, the Administrator shall 

issue any necessary guidance related to the rulemaking.

 (D)   Report - Not later than [Oct. 5, 2020], the Administrator shall submi

Congress a report summarizing the regulations and guidance issued 

pursuant to this paragraph.

Sec. 407. Debris Removal (42 U.S.C. 5173)

(a) Presidential Authority - The President, whenever he determines it to be in the pu

interest, is authorized -

(1) through the use of Federal departments, agencies, and instrumentalities, to clear 

debris and wreckage resulting from a major disaster from publicly and privately 

owned lands and waters; and 

(2) to make grants to any State or local government or owner or operator of a private 

non-profit facility for the purpose of removing debris or wreckage resulting from 

a major disaster from publicly or privately owned lands and waters.

(b) Authorization by State or Local Government; Indemnificatio

authority under this section shall be exercised unless the affected State or local 

government shall first arrange an unconditional authorization for removal of such 

debris or wreckage from public and private property, and, in the case of removal of 

debris or wreckage from private property, shall first agree to indemnify the Federal 

Government against any claim arising from such removal.

(c) Rules Relating to Large Lots - The President shall issue rules which prov

recognition of differences existing among urban, suburban, and rural lands in 

implementation of this section so as to facilitate adequate removal of debris and 

wreckage from large lots.

(d) Federal Share - The Federal share of assistance under this section shall be not less 

75 percent of the eligible cost of debris and wreckage removal carried out under this 

section. 

(e) Expedited Payme

(1) Grant Assistance – In making a grant under subsection (a)(2), the Preside

shall provide not less than 50 percent of the President’s initial estimate of 

the Federal share of assistance as an initial payment in accordance with 

paragraph (2).

(2) Date of Payment – Not later than 60 days after the date of the estimate describ

in paragraph (1) and not later than 90 days after the date on which the State or 

local government or owner or operator of a private nonprofit facility applies for 

assistance under this section, an initial payment described in paragraph (1) shall 

be paid. 

Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174)

(a) In Gener

(1) Provision of Assistance - In accordance with this section, the President, 
53

STAFFORD ACT > TITLE IV > § 408

consultation with the Governor of a State, may provide financial assistance, and, 

if necessary, direct services, to individuals and households in the State who, as 

a direct result of a major disaster, have necessary expenses and serious needs in 

cases in which the individuals and households are unable to meet such expenses 

or needs through other means.*

(2) Relationship to Other Assistance - Under paragraph (1), an indivi

household shall not be denied assistance under paragraph (1), (3), or (4) of 

subsection (c) of this section solely on the basis that the individual or household 

has not applied for or received any loan or other financial assistance from the 

Small Business Administration or any other Federal agency.

(b) Housing Assistan

(1) Eligibility - The President may provide financial or other assistance under 

this section to individuals and households to respond to the disaster-related 

housing needs of individuals and households who are displaced from their 

predisaster primary residences or whose predisaster primary residences are 

rendered uninhabitable, or with respect to individuals with disabilities, rendered 

inaccessible or uninhabitable, as a result of damage caused by a major disaster.

(2) Determination of Appropriate Types o

 (A) In General - The President shall determine appropriate types of hous

assistance to be provided under this section to individuals and households 

described in subsection (a)(1) based on considerations of cost effectiveness, 

convenience to the individuals and households, and such other factors as the 

President may consider appropriate.

 (B) Multiple Types of Assistance - One or more types of housing assis

be made available under this section, based on the suitability and availability 

of the types of assistance, to meet the needs of individuals and households in 

the particular disaster situation.

(c) Types of Housing Assi

* Sec. 1216 of DRRA provides debt waiver authority as follows: “(a) WAIVER AUTHORITY.—(1) 

DEFINITION.—In this subsection, the term ‘‘covered assistance’’ means assistance provided—(A) 

under section 408 of the [Stafford Act] (42 U.S.C. 5174); and (B) in relation to a major disaster or 

emergency declared by the President under section 401 or 501, respectively, of the [Stafford Act] (42 

U.S.C. 5170, 5191) on or after October 28, 2012. (2) AUTHORITY. - Notwithstanding section 3716(e) 

of title 31, United States Code, the Administrator—(A) subject to subparagraph (B), may waive a debt 

owed to the United States related to covered assistance provided to an individual or household if—(i) 

the covered assistance was distributed based on an error by the Agency; (ii) there was no fault on 

behalf of the debtor; and (iii) the collection of the debt would be against equity and good conscience; 

and (B) may not waive a debt under subparagraph (A) if the debt involves fraud, the presentation of 

a false claim, or misrepresentation by the debtor or any party having an interest in the claim.” This 

waiver authority will not apply to any major disaster or emergency declared after the OIG publishes a 

determination of excessive error rate.

Sec. 1216(b)(1) of DRRA provides “Notwithstanding [31 U.S.C. 3716(e)] and unless there is evidence 

of civil or criminal fraud, the Agency may not take any action to recoup covered assistance from the 

recipient of such assistance if the receipt of such assistance occurred on a date that is more than 

3 years before the date on which the Agency first provides to the recipient written notification of an 

intent to recoup.”
54

STAFFORD ACT > TITLE IV > § 408

(1) Temporary Hous

 (A) Financial Assistance

 (i) In General - The President may provide financial assistance

individuals or households to rent alternate housing accommodations, 

existing rental units, manufactured housing, recreational vehicles, or 

other readily fabricated dwellings. Such assistance may include the 

payment of the cost of utilities, excluding telephone service.

 (ii) Amount - The amount of assistance under clause (i) shall be base

on the fair market rent for the accommodation provided plus the 

cost of any transportation, utility hookups, security deposits, or unit 

installation not provided directly by the President.

 (B) Direct Assistanc

 (i) In General - The President may provide temporary housing uni

acquired by purchase or lease, directly to individuals or households 

who, because of a lack of available housing resources, would 

be unable to make use of the assistance provided under subparagraph 

(A). 

 (ii) Lease and Repair of Rental Units

Housing 

 (I) In General - The President, to the extent the President determi

it would be a cost-effective alternative to other temporary housing 

options, may - 

 (aa) enter into lease agreements with owners of multifamily 

rental property impacted by a major disaster or located 

in areas covered by a major disaster declaration to house 

individuals and households eligible for assistance under this 

section; and 

 (bb) make repairs or improvements to properties under such 

lease agreements, to the extent necessary to serve as safe and 

adequate temporary housing. 

 (II) Improvements or Repairs - Under the terms of any lease agr

for property entered into under this subsection, the value of the 

improvements or repairs shall be deducted from the value of the 

lease agreement.

 (iii) Period of Assistance - The President may not provide direct assist

under clause (i) with respect to a major disaster after the end of the 

18-month period beginning on the date of the declaration of the 

major disaster by the President, except that the President may extend 

that period if the President determines that due to extraordinary 

circumstances an extension would be in the public interest. 

 (iv)  Collection of Rental Charges - After the end of the 18-mont

referred to in clause (iii), the President may charge fair market rent for 

each temporary housing unit provided.
55

STAFFORD ACT > TITLE IV > § 408

(2) Repair

 (A) In General - The President may provide financial assistance 

 (i) the repair of owner-occupied private residences, utilities, and 

residential infrastructure (such as a private access route) damaged by 

a major disaster to a safe and sanitary living or functioning condition; 

and 

 (ii) eligible hazard mitigation measures that reduce the likelihood of future 

damage to such residences, utilities, or infrastructure.

 (B) Relationship to Other Assistance - A recipient of assistance provide

this paragraph shall not be required to show that the assistance can be met 

through other means, except insurance proceeds.

(3) Replacem

 (A) In General - The President may provide financial assistance for 

replacement of owner-occupied private residences damaged by a major 

disaster. 

 (B) Applicability of Flood Insurance Requirement - With respect t

provided under this paragraph, the President may not waive any provision 

of Federal law requiring the purchase of flood insurance as a condition of the 

receipt of Federal disaster assistance.

(4) PermanentHousing Construction - The President may provide financial assis

or direct assistance to individuals or households to construct permanent or semipermanent housing in insular areas outside the continental United States and in 

other locations in cases in which - 

 (A) no alternative housing resources are available; and 

 (B) the types of temporary housing assistance described in paragraph (1) are 

unavailable, infeasible, or not cost-effective.

(d) Terms and Conditions Relating to Housing A

(1) Sites

 (A) In General - Any readily fabricated dwelling provided under this sect

shall, whenever practicable, be located on a site that -

 (i) is complete with utilities;

 (ii) meets the physical accessibility requirements for individuals with 

disabilities; and

 (iii) is provided by the State or local government, by the owner of the site, or 

by the occupant who was displaced by the major disaster.

 (B) Sites Provided by the President - A readily fabricated dwellin

located on a site provided by the President if the President determines that 

such a site would be more economical or accessible.

(2) Disposal of Units

 (A) Sale to Occupa
56

STAFFORD ACT > TITLE IV > § 408

 (i) In General - Notwithstanding any other provision of law, a tempor

housing unit purchased under this section by the President for the 

purpose of housing disaster victims may be sold directly to the 

individual or household who is occupying the unit if the individual or 

household lacks permanent housing.

 (ii) Sale Price - A sale of a temporary housing unit under clause (i) shall 

at a price that is fair and equitable.

 (iii) Deposit of Proceeds - Notwithstanding any other provision of law

proceeds of a sale under clause (i) shall be deposited in the appropriate 

Disaster Relief Fund account.

 (iv) Hazard and Flood Insurance - A sale of a temporary housin

under clause (i) shall be made on the condition that the individual or 

household purchasing the housing unit agrees to obtain and maintain 

hazard and flood insurance on the housing unit.

 (v) Use o GSA Services - The President may use the serv

the General Services Administration to accomplish a sale under 

clause (i).

 (B) Other Methods of Disposal - If not disposed of under subparagraph 

temporary housing unit purchased under this section by the President for 

the purpose of housing disaster victims -

 (i) may be sold to any person; or

 (ii) may be sold, transferred, donated, or otherwise made available directly 

to a State or other governmental entity or to a voluntary organization 

for the sole purpose of providing temporary housing to disaster 

victims in major disasters and emergencies if, as a condition of the 

sale, transfer, or donation, the State, other governmental agency, or 

voluntary organization agrees -

 (I) to comply with the nondiscrimination provisions of section 5151 

of this title [Section 308]; and 

 (II) to obtain and maintain hazard and flood insurance on the 

housing unit.

(e) Financial Assistance to Address Ot

(1) Medical, Dental, Child Care, and Funeral Expenses - The 

consultation with the Governor of a State, may provide financial assistance under 

this section to an individual or household in the State who is adversely affected by 

a major disaster to meet disaster-related medical, dental, child care, and funeral 

expenses.

(2) Personal Property, Transportation, and Other Expenses - The Pre

consultation with the Governor of a State, may provide financial assistance under 

 * Sec. 1238 of DRRA provides that, notwithstanding section 1 of the Passport Act of 1920 or any 

other provision of law, the President, in consultation with the Governor of a State, may waive 

document replacement fees as specified in that provision for an individual or household described 

in sec. 408(e)(1). This assistance is not subject to assistance limits in sec. 408(h).
57

STAFFORD ACT > TITLE IV > § 408

this section to an individual or household described in paragraph (1) to address 

personal property, transportation, and other necessary expenses or serious needs 

resulting from the major disaster.

(f) State Ro

(1) State- or Indian Tribal Government-Administered Assi

Assistance

 (A) Grant to State* - Subject to subsection (g) of this section, a Governor m

request a grant from the President to provide assistance to individuals and 

households in the State under subsections (c)(1)(B), (c)(4), and (e) if the 

President and the State or Indian tribal government comply, as determined 

by the Administrator, with paragraph (3) of this section. 

 (B) Administrative Costs - A State that receives a grant under subparagr

(A) may expend not more than 5 percent of the amount of the grant for the 

administrative costs of providing assistance to individuals and households 

in the State under subsections (c)(1)(B), (c)(4), and (e) of this section.

(2) Access to Records - In providing assistance to individuals and househ

under this section, the President shall provide for the substantial and ongoing 

involvement of the States in which the individuals and households are located, 

including by providing to the States access to the electronic records of individuals 

and households receiving assistance under this section in order for the States to 

make available any additional State and local assistance to the individuals and 

households.

(3) Requireme

 (A) Application - A State or Indian tribal government desiring to provi

assistance under subsection (c)(1)(B), (c)(4), or (e) shall submit to the 

President an application for a grant to provide financial assistance under the 

program.

 (B) Criteria - The President, in consultation and coordination with Stat

and Indian tribal governments, shall establish criteria for the approval of 

applications submitted under subparagraph (A). The criteria shall include, 

at a minimum—

 (i) a requirement that the State or Indian tribal government submit a 

housing strategy under subparagraph (C);

 (ii) the demonstrated ability of the State or Indian tribal government to 

manage the program under this section;

 (iii) there being in effect a plan approved by the President as to how the 

State or Indian tribal government will comply with applicable Federal 

* Sec. 1211(b) of DRRA provides that FEMA shall reimburse State and local units of government 

“for requests received within a period of 3 years after the declaration of a major disaster” upon a 

determination that a locally implemented housing solution, implemented by State or local units of 

government: (1) costs 50 percent of comparable FEMA solution or whatever the locally implemented 

solution costs, whichever is lower; (2) complies with local housing regulations and ordinances; and 

(3) the housing solution was implemented within 90 days of the disaster.
58

laws and regulations and how the State or Indian tribal government 

will provide assistance under its plan;

 (iv) a requirement that the State or Indian tribal government comply with 

rules and regulations established pursuant to subsection (j); and

 (v) a requirement that the President, or the designee of the President, 

comply with subsection (i).

 (C) Requirement of Housing S

 (i) In General—A State or Indian tribal government submitting

application under this paragraph shall have an approved housing 

strategy, which shall be developed and submitted to the President for 

approval.

 (ii)   Requirements—The housing strategy required under clause (i)

 (I) outline the approach of the State in working with Federal partners, 

Indian tribal governments, local communities, nongovernmental 

organizations, and individual disaster survivors to meet disasterrelated sheltering and housing needs; and

 (II) include the establishment of an activation plan for a State 

Disaster Housing Task Force, as outlined in the National Disaster 

Housing Strategy, to bring together State, tribal, local, Federal, 

nongovernmental, and private sector expertise to evaluate 

housing requirements, consider potential solutions, recognize 

special needs populations, and propose recommendations.

 (D)   Quality Assurance - Before approving an application submitted

this section, the President, or the designee of the President, shall institute 

adequate policies, procedures, and internal controls to prevent waste, fraud, 

abuse, and program mismanagement for this program and for programs 

under subsections (c)(1)(B), (c)(4), and (e). The President shall monitor 

and conduct quality assurance activities on a State or Indian tribal government’s implementation of programs under subsections (c)(1)(B), (c)(4), and 

(e). If, after approving an application of a State or Indian tribal government 

submitted under this paragraph, the President determines that the State or 

Indian tribal government is not administering the program established by 

this section in a manner satisfactory to the President, the President shall 

withdraw the approval.

 (E) Audits - The Inspector General of the Department of Homeland Securi

shall provide for periodic audits of the programs administered by States and 

Indian tribal governments under this subsection.

 (F) Applicable Laws - All Federal laws applicable to the managem

administration, or contracting of the programs by [FEMA] under this section 

shall be applicable to the management, administration, or contracting by a 

non-Federal entity under this section.

 (G) Report on Effectiveness - Not later than 18 months after the 

enactment of this paragraph, the Inspector General of the Department of 

STAFFORD ACT > TITLE IV > § 408
59

Homeland Security shall submit a report to the Committee on Homeland 

Security and Governmental Affairs of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives on the 

State or Indian tribal government’s role to provide assistance under this 

section. The report shall contain an assessment of the effectiveness of the 

State or Indian tribal government’s role in providing assistance under this 

section, including—

 (i) whether the State or Indian tribal government’s role helped to improve 

the general speed of disaster recovery;

 (ii) whether the State or Indian tribal government providing assistance 

under this section had the capacity to administer this section; and

 (iii) recommendations for changes to improve the program if the State or 

Indian tribal government’s role to administer the programs should be 

continued. 

 (H) Report on Incentives—Not later than 12 months after the date of enac

of this paragraph, the Administrator of [FEMA] shall submit a report to the 

Committee on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Transportation and Infrastructure of the House of 

Representatives on a potential incentive structure for awards made under 

this section to encourage participation by eligible States and Indian tribal 

governments. In developing this report, the Administrator of [FEMA] shall 

consult with State, local, and Indian tribal entities to gain their input on any 

such incentive structure to encourage participation and shall include this 

information in the report. This report should address, among other options, 

potential adjustments to the cost-share requirement and management costs 

to State and Indian tribal governments.

 (I) Prohibition - The President may not condition the provision of Federal 

assistance under this Act on a State or Indian tribal government requesting a 

grant under this section.

 (J) Miscellaneo

 (i) Notice and Comment - The Administrator of [FEMA] may w

notice and comment rulemaking with respect to rules to carry out 

this section, if the Administrator determines doing so is necessary to 

expeditiously implement this section, and may carry out this section as 

a pilot program until such regulations are promulgated.

 (ii) Final Rule - Not later than 2 years after the date of enactment of th

paragraph, the Administrator of [FEMA] shall issue final regulations to 

implement this subsection as amended by [DRRA].

 (iii)   Waiver and Expiration - The authority under clause (i) and any 

program implemented pursuant to such clause shall expire 2 years 

after the date of enactment of this paragraph or upon issuance of final 

regulations pursuant to clause (ii), whichever occurs sooner.

(g) Cost Sharing

STAFFORD ACT > TITLE IV > § 408
60

(1) Federal Share - Except as provided in paragraph (2), the Federal share of

costs eligible to be paid using assistance provided under this section shall be 100 

percent.

(2) Financial Assistance to Address Other Needs - In the case of financial

provided under subsection (e) of this section -

 (A) the Federal share shall be 75 percent; and 

 (B) the non-Federal share shall be paid from funds made available by the State.

(h) Maximum Amount of Assis

(1) In General - No individual or household shall receive financial assistance grea

than $25,000 under this section with respect to a single major disaster, excluding 

financial assistance to rent alternate housing accommodations under subsection 

(c)(1)(A)(i) and financial assistance to address other needs under subsection (e). 

(2)   Other Needs Assistance - The maximum financial assistance any indi

household may receive under subsection (e) shall be equivalent to the amount set 

forth in paragraph (1) with respect to a single major disaster.

(3) Adjustment of Limit - The limit established under paragraphs (1) and (2) sha

adjusted annually to reflect changes in the Consumer Price Index for All Urban 

Consumers published by the Department of Labor.

(4) Exclusion of Necessary Expenses for Individuals with D

 (A) In General - The maximum amount of assistance established un

paragraph (1) shall exclude expenses to repair or replace damaged 

accessibility-related improvements under paragraphs (2), (3), and (4) of 

subsection (c) for individuals with disabilities.

 (B)  Other Needs Assistance - The maximum amount of assistance es

under paragraph (2) shall exclude expenses to repair or replace accessibilityrelated personal property under subsection (e)(2) for individuals with 

disabilities.

(i) Verification Measures - In carrying out this section, the President shall dev

system, including an electronic database, that shall allow the President, or the designee 

of the President, to - 

(1) verify the identity and address of recipients of assistance under this section to 

provide reasonable assurance that payments are made only to an individual or 

household that is eligible for such assistance;

(2) minimize the risk of making duplicative payments or payments for fraudulent 

claims under this section;

(3) collect any duplicate payment on a claim under this section, or reduce the amount 

of subsequent payments to offset the amount of any such duplicate payment;

(4) provide instructions to recipients of assistance under this section regarding the 

proper use of any such assistance, regardless of how such assistance is distributed; 

and

STAFFORD ACT > TITLE IV > § 408
61

(5) conduct an expedited and simplified review and appeal process for an individual 

or household whose application for assistance under this section is denied.

(j) Rules and Regulations - The President shall prescribe rules and regulations to car

this section, including criteria, standards, and procedures for determining eligibility for 

assistance.

Sec. 410. Unemployment Assistance (42 U.S.C. 5177)

(a) BenefitAssistance - The President is authorized to provide to any individual unemp

as a result of a major disaster such benefit assistance as he deems appropriate while such 

individual is unemployed for the weeks of such unemployment with respect to which 

the individual is not entitled to any other unemployment compensation (as that term is 

defined in [the Internal Revenue Code of 1986, 26 U.S.C. § 85(b)]) or a waiting period 

credit. Such assistance as the President shall provide shall be available to an individual as 

long as the individual’s unemployment caused by the major disaster continues or until 

the individual is reemployed in a suitable position, but no longer than 26 weeks after the 

major disaster is declared. Such assistance for a week of unemployment shall not exceed 

the maximum weekly amount authorized under the unemployment compensation law 

of the State in which the disaster occurred. The President is directed to provide such 

assistance through agreements with States which, in his judgment, have an adequate 

system for administering such assistance through existing State agencies.

(b) Reemployment Ass

(1) State Assistance - A State shall provide, without reimbursement from any fu

provided under this Act, reemployment assistance services under any other law 

administered by the State to individuals receiving benefits under this section.

(2) Federal Assistance - The President may provide reemployment assistance serv

under other laws to individuals who are unemployed as a result of a major disaster 

and who reside in a State which does not provide such services. 

Emergency Grants to Assist Low-Income Migrant and Seasonal Farmworkers

(42 U.S.C. 5177a)*

(a) In General - The Secretary of Agriculture may make grants to public agencies

private organizations with tax exempt status under section 501(c)(3) of title 26, that 

have experience in providing emergency services to low-income migrant and seasonal 

farmworkers where the Secretary determines that a local, State or national emergency 

or disaster has caused low-income migrant or seasonal farmworkers to lose income, to 

be unable to work, or to stay home or return home in anticipation of work shortages. 

Emergency services to be provided with assistance received under this section may 

include such types of assistance as the Secretary of Agriculture determines to be 

necessary and appropriate. 

(b) “Low-Income Migrant or Seasonal Farmworker” Defined - For the purpos

section, the term “low-income migrant or seasonal farmworker” means an individual - 

(1) who has, during any consecutive 12 month period within the preceding 24 month 

STAFFORD ACT > TITLE IV > §§ 408-410, 42 U.S.C. § 5177a

* This section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990.
62

period, performed farm work for wages; 

(2) who has received not less than one-half of such individual’s total income, or been 

employed at least one-half of total work time in farm work; and 

(3) whose annual family income within the 12 month period referred to in paragraph 

(1) does not exceed the higher of the poverty level or 70 percent of the lower living 

standard income level. 

(c) Authorization of Appropriations - There are authorized to be appropriated suc

as may be necessary to carry out this section.

Sec. 412. Benefits and Distribution (42 U.S.C. 5179)

(a) Persons Eligible; Terms and Conditions - Whenever the President determines th

a result of a major disaster, low-income households are unable to purchase adequate 

amounts of nutritious food, he is authorized, under such terms and conditions as he 

may prescribe, to distribute through the Secretary of Agriculture or other appropriate 

agencies benefit allotments to such households pursuant to the provisions of the Food 

and Nutrition Act of 2008 of 1964* (P.L. 91-671; 84 Stat. 2048) [7 U.S.C. 2011 et seq.] 

and to make surplus commodities available pursuant to the provisions of this Act.

(b) Duration of Assistance; Factors Considered - The President, through the S

of Agriculture or other appropriate agencies, is authorized to continue to make such 

benefit allotments and surplus commodities available to such households for so 

long as he determines necessary, taking into consideration such factors as he deems 

appropriate, including the consequences of the major disaster on the earning power of 

the households, to which assistance is made available under this section.

(c) Food and Nutrition Act Provisions Unaffected - Nothing in this section

construed as amending or otherwise changing the provisions of the Food and Nutrition 

Act of 2008 of 1964* [7 U.S.C. 2011 et seq.] except as they relate to the availability 

of supplemental nutrition assistance program benefits in an area affected by a major 

disaster. 

Sec. 413. Food Commodities (42 U.S.C. 5180)

(a) Emergency Mass Feeding - The President is authorized and directed to assure

adequate stocks of food will be ready and conveniently available for emergency mass 

feeding or distribution in any area of the United States which suffers a major disaster or 

emergency.

(b) Funds for Purchase of Food Commodities - The Secretary of Agriculture shal

funds appropriated under section 612c of title 7, to purchase food commodities 

necessary to provide adequate supplies for use in any area of the United States in the 

event of a major disaster or emergency in such area. 

Sec. 414. Relocation Assistance (42 U.S.C. 5181)

Notwithstanding any other provision of law, no person otherwise eligible for any kind of 

replacement housing payment under the Uniform Relocation Assistance and Real Property 

STAFFORD ACT > TITLE IV > 42 U.S.C. § 5177a, §§ 412-414

* Typographical error in original.
63

Acquisition Policies Act of 1970 (P.L. 91-646) [42 U.S.C. 4601 et seq.] shall be denied such 

eligibility as a result of his being unable, because of a major disaster as determined by the 

President, to meet the occupancy requirements set by such Act.

Sec. 415. Legal Services (42 U.S.C. 5182)

Whenever the President determines that low-income individuals are unable to secure legal 

services adequate to meet their needs as a consequence of a major disaster, consistent with the 

goals of the programs authorized by this Act, the President shall assure that such programs 

are conducted with the advice and assistance of appropriate Federal agencies and State and 

local bar associations.

Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183)

The President is authorized to provide professional counseling services, including financial 

assistance to State or local agencies or private mental health organizations to provide such 

services or training of disaster workers, to victims of major disasters in order to relieve 

mental health problems caused or aggravated by such major disaster or its aftermath.

Sec. 417. Community Disaster Loans (42 U.S.C. 5184)

(a) In General - The President is authorized to make loans to any local government wh

may suffer a substantial loss of tax and other revenues as a result of a major disaster, and 

has demonstrated a need for financial assistance in order to perform its governmental 

functions.

(b) Amount - The amount of any such loan shall be based on need, shall no

exceed - 

(1) 25 percent of the annual operating budget of that local government for the fiscal 

year in which the major disaster occurs, and shall not exceed $5,000,000; or

(2) if the loss of tax and other revenues of the local government as a result of the 

major disaster is at least 75 percent of the annual operating budget of that local 

government for the fiscal year in which the major disaster occurs, 50 percent of 

the annual operating budget of that local government for the fiscal year in which 

the major disaster occurs, and shall not exceed $5,000,000.

(c) Repayme

(1) Cancellation - Repayment of all or any part of such loan to the extent that revenue

of the local government during the three full fiscal year period following the major 

disaster are insufficient to meet the operating budget of the local government, 

including additional disaster-related expenses of a municipal operation character 

shall be cancelled. 

(2) Condition on Continuing Eligibility - A local government shall not be eligi

for further assistance under this section during any period in which the local 

government is in arrears with respect to a required repayment of a loan under this 

section.

STAFFORD ACT > TITLE IV > §§ 414-417
64

(d) Effect on Other Assistance - Any loans made under this section shall not red

otherwise affect any grants or other assistance under this Act. 

Sec. 418. Emergency Communications (42 U.S.C. 5185)

The President is authorized during, or in anticipation of, an emergency or major disaster to 

establish temporary communications systems and to make such communications available 

to State and local government officials and other persons as he deems appropriate.

Sec. 419. Emergency Public Transportation (42 U.S.C. 5186)

The President is authorized to provide temporary public transportation service in an area 

affected by a major disaster to meet emergency needs and to provide transportation to 

governmental offices, supply centers, stores, post offices, schools, major employment centers, 

and such other places as may be necessary in order to enable the community to resume its 

normal pattern of life as soon as possible.

Sec. 420. Fire Management Assistance (42 U.S.C. 5187)

(a) In General - The President is authorized to provide assistance, including gran

equipment, supplies, and personnel, to any State or local government for the mitigation, 

management, and control of any fire on public or private forest land or grassland that 

threatens such destruction as would constitute a major disaster.

(b) Coordination with State and Tribal Departments of Forestry - In providing

under this section, the President shall coordinate with State and tribal departments of 

forestry.

(c) Essential Assistance - In providing assistance under this section, the President may u

the authority provided under section 5170b of this title [Section 403].

(d) Hazard Mitigation Assistance - Whether or not a major disaster is declared,

President may provide hazard mitigation assistance in accordance with section 404 in 

any area affected by a fire for which assistance was provided under this section.

(e) Rules and Regulations - The President shall prescribe such rules and regulations

necessary to carry out this section. 

Sec. 421. Timber Sale Contracts (42 U.S.C. 5188)

(a) Cost-sharing Arrangement - Where an existing timber sale contract between 

Secretary of Agriculture or the Secretary of the Interior and a timber purchaser does 

not provide relief from major physical change not due to negligence of the purchaser 

prior to approval of construction of any section of specified road or of any other 

specified development facility and, as a result of a major disaster, a major physical 

change results in additional construction work in connection with such road or facility 

by such purchaser with an estimated cost, as determined by the appropriate Secretary, 

(1) of more than $ 1,000 for sales under one million board feet, (2) of more than $1 

per thousand board feet for sales of one to three million board feet, or (3) of more than 

$3,000 for sales over three million board feet, such increased construction cost shall be 

borne by the United States.

(b) Cancellation of Authority - If the appropriate Secretary determines that dam

STAFFORD ACT > TITLE IV > §§ 418-421
65

STAFFORD ACT > TITLE IV > §§ 421-422

are so great that restoration, reconstruction, or construction is not practical under the 

cost-sharing arrangement authorized by subsection (a) of this section, he may allow 

cancellation of a contract entered into by his Department notwithstanding contrary 

provisions therein.

(c) Public Notice of Sale - The Secretary of Agriculture is authorized to reduce to 

days the minimum period of advance public notice required by section 476 of title 

16* in connection with the sale of timber from national forests, whenever the Secretary 

determines that (1) the sale of such timber will assist in the construction of any area of 

a State damaged by a major disaster, (2) the sale of such timber will assist in sustaining 

the economy of such area, or (3) the sale of such timber is necessary to salvage the value 

of timber damaged in such major disaster or to protect undamaged timber.

(d) State Grants for Removal of Damaged Timber; Reimbursem

to Salvage Value of Removed Timber - The President, when he determin

in the public interest, is authorized to make grants to any State or local government 

for the purpose of removing from privately owned lands timber damaged as 

a result of a major disaster, and such State or local government is authorized 

upon application, to make payments out of such grants to any person for reimbursement 

of expenses actually incurred by such person in the removal of damaged timber, not to 

exceed the amount that such expenses exceed the salvage value of such timber. 

Sec. 422. Simplified Procedure (42 U.S.C. 5189)

(a) In General - If the Federal estimate of the cost o

(1) Repairing, restoring, reconstructing, or replacing under section 5172 of this 

title [Section 406] any damaged or destroyed public facility or private nonprofit 

facility,

(2) emergency assistance under section 5170b or 5192 of this title [Section 403 or 

502], or 

(3) debris removed under section 5173 of this title [Section 407], 

 is less than $35,000 (or, if the Administrator has established a threshold under subsection 

(b), the amount established under subsection (b)), the President (on application of the 

State or local government or the owner or operator of the private nonprofit facility) 

may make the contribution to such State or local government or owner or operator 

under section 5170b, 5172, 5173, or 5192 of this title [Section 403, 406, 407, or 502], 

as the case may be, on the basis of such Federal estimate. Such $35,000 amount or, if 

applicable, the amount established under subsection (b), shall be adjusted annually to 

reflect changes in the Consumer Price Index for All Urban Consumers published by the 

Department of Labor.

(b) Threshold

(1) Report - Not later than 1 year after January 29, 2013, the President, acting throu

the Administrator of [FEMA] (in this section referred to as the “Administrator”), 

shall – 

* Section 476 of Title 16 was repealed by Pub. L. 94-588, § 13, Oct. 22, 1976, 90 Stat. 2958.
66

STAFFORD ACT > TITLE IV > §§ 422-423

 (A) complete an analysis to determine whether an increase in the threshold 

for eligibility under subsection (a) is appropriate, which shall include 

consideration of cost-effectiveness, speed of recovery, capacity of grantees, 

past performance, and accountability measures; and 

 (B) submit to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Homeland Security and 

Governmental Affairs of the Senate a report regarding the analysis conducted 

under subparagraph (A). 

(2) Amount - After the Administrator submits the report required under paragrap

(1), the President shall direct the Administrator to - 

 (A) immediately establish a threshold for eligibility under this section in an 

appropriate count, without regard to chapter 5 of title 5; and 

 (B) adjust the threshold annually to reflect changes in the Consumer Price Index 

for all Urban Consumers published by the Department of Labor. 

(3) Review - Not later than 3 years after the date on which the Administrator establish

a threshold under paragraph (2), and every 3 years thereafter, the President, acting 

through the Administrator, shall review the threshold for eligibility under this 

section.

Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a)

(a) Right of Appeal - Any decision regarding eligibility for, from, or amount of assis

under this title may be appealed within 60 days after the date on which the applicant for 

such assistance is notified of the award or denial of award of such assistance.

(b) Period for Decision - A decision regarding an appeal under subsection (a) of t

section shall be rendered within 90 days after the date on which the Federal official 

designated to administer such appeals receives notice of such appeal.

(c) Rules - The President shall issue rules which provide for the fair and imparti

consideration of appeals under this section. 

(d) Right of Arbitratio

(1) In General - Notwithstanding this section, an applicant for assistance under t

title may request arbitration to dispute the eligibility for assistance or repayment 

of assistance provided for a dispute of more than $500,000 for any disaster that 

occurred after January 1, 2016. Such arbitration shall be conducted by the Civilian 

Board of Contract Appeals and the decision of such Board shall be binding.

(2) Review - The Civilian Board of Contract Appeals shall consider from the applica

all original and additional documentation, testimony, or other such evidence 

supporting the applicant’s position at any time during arbitration.

(3) Rural Areas - For an applicant for assistance in a rural area under this title, 

assistance amount eligible for arbitration pursuant to this subsection shall be 

$100,000.

(4) Rural Area Defined - For the purposes of this subsection, the term “rura

means an area with a population of less than 200,000 outside an urbanized area.
67

STAFFORD ACT > TITLE IV > §§ 423-427

(5) Eligibility - To participate in arbitration under this subsection, an applicant— 

 (A) shall submit the dispute to the arbitration process established under the 

authority granted under section 601 of Public Law 111–5; and

 (B) may submit a request for arbitration after the completion of the first appeal 

under subsection (a) at any time before the Administrator of [FEMA] has 

issued a final agency determination or 180 days after the Administrator’s 

receipt of the appeal if the Administrator has not provided the applicant with 

a final determination on the appeal. The applicant’s request shall contain 

documentation from the administrative record for the first appeal and may 

contain additional documentation supporting the applicant’s position.

Sec. 424. Date of Eligibility; Expenses Incurred Before Date of Disaster 

(42 U.S.C. 5189b)

Eligibility for Federal assistance under this title shall begin on the date of the occurrence of 

the event which results in a declaration by the President that a major disaster exists; except 

that reasonable expenses which are incurred in anticipation of and immediately preceding 

such event may be eligible for Federal assistance under this Act.

Sec. 425. Transportation Assistance to Individuals and Households 

(42 U.S.C. 5189c)

The President may provide transportation assistance to relocate individuals displaced from 

their predisaster primary residences as a result of an incident declared under this Act or 

otherwise transported from their predisaster primary residences under section 5170b(a)(3) 

or 5192 of this title [Sections 403(a)(3) or 502], to and from alternative locations for short 

or long-term accommodation or to return an individual or household to their predisaster 

primary residence or alternative location, as determined necessary by the President.

Sec. 426. Case Management Services (42 U.S.C. 5189d)

The President may provide case management services, including financial assistance, to State 

or local government agencies or qualified private organizations to provide such services, to 

victims of major disasters to identify and address unmet needs.

Sec. 427. Essential Service Providers (42 U.S.C. 5189e) 

(a) Definition - In this section, the term “essential service provider” means an entity that 

(1) (A) provides -

 (i) wireline or mobile telephone service, Internet access service, radio 

or television broadcasting, cable service, or direct broadcast satellite 

service; 

 (ii) electrical power;

 (iii) natural gas;

 (iv) water and sewer services; or

 (v) any other essential service, as determined by the President; or
68

STAFFORD ACT > TITLE IV > §§ 427-428

 (B) is a tower owner or operator.

(2) is -

 (A) a municipal entity;

 (B) a nonprofit entity; or

 (C) a private, for profit entity; and

(3) is contributing to efforts to respond to an emergency or major disaster.

(b) Authorization for Accessibility - Unless exceptional circumstances apply, i

emergency or major disaster, the head of a Federal agency, to the greatest extent 

practicable, shall not - 

(1) deny or impede access to the disaster site to an essential service provider whose 

access is necessary to restore and repair an essential service; or 

(2) impede the restoration or repair of the services described in subsection (a)(1). 

(c) Implementation - In implementing this section, the head of a Federal agency shall fol

all applicable Federal laws, regulation, and policies.

Sec. 428. Public Assistance Program Alternative Procedures (42 U.S.C. 5189f)

(a) Approval of Projects - The President, acting through the Administrator of [FEMA],

approve projects under the alternative procedures adopted under this section for any 

major disaster or emergency declared on or after January 29, 2013. The Administrator 

may also apply the alternate procedures adopted under this section to a major disaster 

or emergency declared before [Jan. 29, 2013] for which construction has not begun as 

[Jan. 29, 2013]. 

(b) Adoption - The Administrator, in coordination with States, tribal and local government

and owners or operators of private nonprofit facilities, may adopt alternative procedures 

to administer assistance provided under sections 5170b(a)(3)(A), 5172, 5173, and 

5192(a)(5) of this title [Sections 403(a)(3)(A), 406, 407, and 502(a)(5)].

(c) Goals of Procedures - The alternative procedures adopted under subsection (a)

further the goals of - 

(1) reducing the costs to the Federal Government of providing such assistance; 

(2) increasing flexibility in the administration of such assistance;

(3) expediting the provision of such assistance to a State, tribal or local government, 

or owner or operator of a private nonprofit facility; and 

(4) providing financial incentives and disincentives for a State, tribal or local 

government, or owner or operator of a private nonprofit facility for the timely and 

cost-effective completion of projects with such assistance.

(d) Participation -

(1) In General - Participation in the alternative procedures adopted under t

section shall be at the election of a State, tribal or local government, or owner or 

operator of a private nonprofit facility consistent with procedures determined by 

the Administrator. 
69

STAFFORD ACT > TITLE IV > § 428

(2) No Conditions - The President may not condition the provision of Feder

assistance under this Act on the election by a State, local, or Indian tribal 

government, or owner or operator of a private nonprofit facility to participate in 

the alternative procedures adopted under this section.

(e) Minimum Procedures - The alternative procedures adopted under this section

include the following: 

(1) For repair, restoration, and replacement of damaged facilities under section 5172 

of this title [Section 406] - 

 (A) making grants on the basis of fixed estimates, if the State, tribal or local 

government, or owner or operator of the private nonprofit facility agrees to 

be responsible for any actual costs that exceed the estimate;

 (B) providing an option for a State, tribal or local government, or owner 

or operator of a private nonprofit facility to elect to receive an in-lieu 

contribution, without reduction, on the basis of estimates of - 

 (i) the cost of repair, restoration, reconstruction, or replacement 

of a public facility owned or controlled by the State, tribal or 

local government or owner or operator of a private nonprofit facility; 

and 

 (ii) management expenses;

 (C) consolidating, to the extent determined appropriate by the Administrator, 

the facilities of a State, tribal, or local government, or owner or operator 

of a private nonprofit facility as a single project based upon the estimates 

adopted under the procedures;

 (D) if the actual costs of a project completed under the procedures are less than 

the estimated costs thereof, the Administrator may permit a grantee or 

subgrantee to use all or part of the excess funds for - 

 (i) cost-effective activities that reduce the risk of future damage, hardship, 

or suffering from a major disaster; and 

 (ii) other activities to improve future Public Assistance operations 

or planning;

 (E) in determining eligible costs under section 5172 of this title [Section 406], 

the Administrator shall make available, at an applicant’s request and where 

the Administrator or the certified cost estimate prepared by the applicant’s 

professionally licensed engineers has estimated an eligible Federal share for 

a project of at least $5,000,000, an independent expert panel to validate the 

estimated eligible cost consistent with applicable regulations and policies 

implementing this section;

 (F) in determining eligible costs under section 5172 of this title [Section 

406], the Administrator shall, at the applicant’s request, consider properly 

conducted and certified cost estimates prepared by professionally licensed 

engineers (mutually agreed upon by the Administrator and the applicant), 

to the extent that such estimates comply with applicable regulations, policy, 
70

and guidance; and

 (G) once certified by a professionally licensed engineer and accepted by the 

Administrator, the estimates on which grants made pursuant to this section 

are based shall be presumed to be reasonable and eligible costs, as long as 

there is no evidence of fraud.

(2) For debris removal under sections 5170b(a)(3)(A), 5173, and 5192(a)(5) of this 

title [Sections 403(a)(3)(A), 407, and 502(a)(5)] - 

 (A) making grants on the basis of fixed estimates to provide financial incentives 

and disincentives for the timely or cost-effective completion if the State, 

tribal or local government, or owner or operator of the private nonprofit 

facility agrees to be responsible to pay for any actual costs that exceed the 

estimate; 

 (B) using a sliding scale for determining the Federal share for removal of debris 

and wreckage based on the time it takes to complete debris and wreckage 

removal;

 (C) allowing use of program income from recycled debris without offset to the 

grant amount; 

 (D) reimbursing base and overtime wages for employees and extra hires of a 

State, tribal or local government, or owner or operator of a private nonprofit 

facility performing or administering debris and wreckage removal; 

 (E) providing incentives to a State or tribal government to have a debris 

management plan approved by the Administrator and have pre-qualified 1 or 

more debris and wreckage removal contractors before the date of declaration 

of the major disaster; and 

 (F) if the actual costs of projects under subparagraph (A) are less than the 

estimated costs of the project, the Administrator may permit a grantee or 

subgrantee to use all or part of the excess funds for - 

 (i) debris management planning; 

 (ii) acquisition of debris management equipment for current or future use; 

and 

 (iii) other activities to improve future debris removal operations, as 

determined by the Administrator.

(f) Waiver Authority - Until such time as the Administrator promulgates regulations

implement this section, the Administrator may - 

(1) waive notice and comment rulemaking, if the Administrator determines the 

waiver is necessary to expeditiously implement this section; and 

(2) carry out the alternative procedures under this section as a pilot program.

(g) Overtime Payments - The guidelines for reimbursement for costs under subsec

(e)(2)(D) shall ensure that no State or local government is denied reimbursement for 

overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 

(29 U.S.C. 201 et seq.). 

STAFFORD ACT > TITLE IV > § 428
71

(h) Report

(1) In General - Not earlier than 3 years, and not later than 5 years, after Janu

29, 2013, the Inspector General of the Department of Homeland Security shall 

submit to the Committee on Homeland Security and Governmental Affairs of the 

Senate and the Committee on Transportation and Infrastructure of the House of 

Representatives a report on the alternative procedures for the repair, restoration, 

and replacement of damaged facilties under section 5172 of this title [Section 406] 

authorized under this section.

(2) Contents - The report shall contain an assessment of the effectiveness of th

alternative procedures, including - 

 (A) whether the alternative procedures helped to improve the general speed of 

disaster recovery; 

 (B) the accuracy of the estimates relied upon; 

 (C) whether the financial incentives and disincentives were effective; 

 (D) whether the alternative procedures were cost effective; 

 (E) whether the independent expert panel described in subsection (e)(1)(E) was 

effective; and

 (F) recommendations for whether the alternative procedures should be 

continued and any recommendations for changes to the alternative 

procedures.

Sec. 429. Unified Federal Review (42 U.S.C. 5189g)

(a) In General - Not later than 18 months after January 29, 2013, and in consultat

with the Council on Environmental Quality and the Advisory Council on Historic 

Preservation, the President shall establish an expedited and unified interagency review 

process to ensure compliance with environmental and historic requirements under 

Federal law relating to disaster recovery projects, in order to expedite the recovery 

process, consistent with applicable law.

(b) Contents - The review process established under this section shall includ

mechanisms to expeditiously address delays that may occur during the 

recovery from a major disaster and be updated, as appropriate, consistent with a 

applicable law.

Sec. 430. Agency Accountability.

(a) Public Assistance—Not later than 5 days after an award of a public assistance grant 

made under section 406 that is in excess of $1,000,000, the Administrator of [FEMA] 

shall publish on the website of [FEMA] the specifics of each such grant award, 

including—

(1) identifying the [FEMA] Region;

(2) the disaster or emergency declaration number; 

(3) the State, county, and applicant name;

(4) if the applicant is a private nonprofit organization; 

STAFFORD ACT > TITLE IV > §§ 428-430
72

(5) the damage category code;

(6) the amount of the Federal share obligated; and 

(7) the date of the award.

(b) Mission Assignmen

(1) In General - Not later than 5 days after the issuance of a mission assignment

mission assignment task order, the Administrator of [FEMA] shall publish on the 

website of [FEMA] any mission assignment or mission assignment task order 

to another Federal department or agency regarding a major disaster in excess of 

$1,000,000, including— 

 (A) the name of the impacted State or Indian Tribe;

 (B) the disaster declaration for such State or Indian Tribe;

 (C) the assigned agency;

 (D) the assistance requested; 

 (E) a description of the disaster; 

 (F) the total cost estimate;

 (G) the amount obligated;

 (H) the State or Indian tribal government cost share, if applicable;

 (I) the authority under which the mission assignment or mission assignment 

task order was directed; and

 (J) if applicable, the date a State or Indian Tribe requested the mission 

assignment.

(2) Recording Changes - Not later than 10 days after the last day of each month u

a mission assignment or mission assignment task order described in paragraph 

(1) is completed and closed out, the Administrator of [FEMA] shall update any 

changes to the total cost estimate and the amount obligated.

(c) Disaster Relief Monthly Report—Not later than 10 days after the first day

month, the Administrator of [FEMA] shall publish on the website of [FEMA] reports, 

including a specific description of the methodology and the source data used in 

developing such reports, including—

(1) an estimate of the amounts for the fiscal year covered by the President’s most recent 

budget pursuant to section 1105(a) of title 31, United States Code, including—

 (A) the unobligated balance of funds to be carried over from the prior fiscal year 

to the budget year;

 (B) the unobligated balance of funds to be carried over from the budget year to 

the budget year plus 1;

 (C) the amount of obligations for noncatastrophic events for the budget year;

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

delineated by event and by State; 

STAFFORD ACT > TITLE IV > § 430
73

 (E) the total amount that has been previously obligated or will be required for 

catastrophic events delineated by event and by State for all prior years, the 

current fiscal year, the budget year, and each fiscal year thereafter; 

 (F) the amount of previously obligated funds that will be recovered for the 

budget year;

 (G) the amount that will be required for obligations for emergencies, as described 

in section 102(1), major disasters, as described in section 102(2), fire 

management assistance grants, as described in section 420, surge activities, 

and disaster readiness and support activities; and

 (H) the amount required for activities not covered under section 251(b)(2)(D)

(iii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 

U.S.C. 901(b)(2)(D)(iii)); and

(2) an estimate or actual amounts, if available, of the following for the current fiscal 

year, which shall be submitted not later than the fifth day of each month, published 

by the Administrator of [FEMA] on the website of [FEMA] not later than the fifth 

day of each month:

 (A) A summary of the amount of appropriations made available by source, 

the transfers executed, the previously allocated funds recovered, and the 

commitments, allocations, and obligations made.

 (B) A table of disaster relief activity delineated by month, including—

 (i) the beginning and ending balances;

 (ii) the total obligations to include amounts obligated for fire assistance, 

emergencies, surge, and disaster support activities;

 (iii) the obligations for catastrophic events delineated by event and by State; 

and

 (iv) the amount of previously obligated funds that are recovered.

 (C) A summary of allocations, obligations, and expenditures for catastrophic 

events delineated by event. 

 (D) The cost of the following categories of spending:

 (i) Public assistance.

 (ii) Individual assistance. 

 (iii) Mitigation.

 (iv) Administrative. 

 (v) Operations.

 (vi) Any other relevant category (including emergency measures and 

disaster resources) delineated by disaster.

 (E) The date on which funds appropriated will be exhausted.

STAFFORD ACT > TITLE IV > § 430
74

(d) Contracts*

(1) Information - Not later than 10 days after the first day of each month, th

Administrator of [FEMA] shall publish on the website of [FEMA] the specifics of 

each contract in excess of $1,000,000 that [FEMA] enters into, including—

 (A) the name of the party;

 (B) the date the contract was awarded; 

 (C) the amount and scope of the contract;

 (D) if the contract was awarded through a competitive bidding process;

 (E) if no competitive bidding process was used, the reason why competitive 

bidding was not used; and

 (F) the authority used to bypass the competitive bidding process.

 The information shall be delineated by disaster, if applicable, and specify the 

damage category code, if applicable.

(2) Report - Not later than 10 days after the last day of the fiscal year, the Administrat

of [FEMA] shall provide a report to the appropriate committees of Congress 

summarizing the following information for the preceding fiscal year:

 (A) The number of contracts awarded without competitive bidding.

 (B) The reasons why a competitive bidding process was not used.

 (C) The total amount of contracts awarded with no competitive bidding.

 (D) The damage category codes, if applicable, for contracts awarded without 

competitive bidding.

(e) Collection of Public Assistance Recipient and Subrec

(1) In General—Not later than 180 days after the date of enactment of t

subsection, the Administrator of [FEMA] shall initiate and maintain an effort to 

collect and store information, prior to the project closeout phase on any contract 

entered into by a public assistance recipient or subrecipient that through the base 

award, available options, or any subsequent modifications has an estimated value 

of more than $1,000,000 and is funded through section 324, 403, 404, 406, 407, 

428, or 502, including— 

 (A) the disaster number, project worksheet number, and the category of work 

associated with each contract; 

 (B) the name of each party;

 (C) the date the contract was awarded; 

 (D) the amount of the contract;

 (E) the scope of the contract;

STAFFORD ACT > TITLE IV > § 430

* Sec. 1225 of DRRA provides, “Notwithstanding any other provision of law, [FEMA] shall not reimburse 

a State or local government, an Indian tribal government [...] or the owner or operator of a private nonprofit [...] for any activities made pursuant to a contract entered into after August 1, 2017, that prohibits 

the Administrator or the Comptroller General of the United States from auditing or otherwise reviewing 

all aspects relating to the contract.”
75

 (F) the period of performance for the contract; and 

 (G) whether the contract was awarded through a competitive bidding process.

(2) Availability of Information Collected - The Administrator of [FEMA

make the information collected and stored under paragraph (1) available to the 

Inspector General of the Department of Homeland Security, the Government 

Accountability Office, and appropriate committees of Congress, upon request.

(3) Report - Not later than 365 days after the date of enactment of this subsection, t

Administrator of [FEMA] shall submit a report to the Committee on Homeland 

Security and Governmental Affairs of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives on the efforts 

of [FEMA] to collect the information described in paragraph (1).

STAFFORD ACT > TITLE IV > § 430
76

STAFFORD ACT > TITLE IV, TITLE V > §§ 501-502

Title V - Emergency Assistance Programs 

Sec. 501. Procedure for Declaration (42 U.S.C. 5191)

(a) Request and Declaration - All requests for a declaration by the President th

emergency exists shall be made by the Governor of the affected State. Such a request shall 

be based on a finding that the situation is of such severity and magnitude that effective 

response is beyond the capabilities of the State and the affected local governments and 

that Federal assistance is necessary. As a part of such request, and as a prerequisite to 

emergency assistance under this Act, the Governor shall take appropriate action under 

State law and direct execution of the State’s emergency plan. The Governor shall furnish 

information describing the State and local efforts and resources which have been or 

will be used to alleviate the emergency, and will define the type and extent of Federal 

aid required. Based upon such Governor’s request, the President may declare that an 

emergency exists.

(b) Certain Emergencies Involving Federal Primary Responsibility - The Pr

exercise any authority vested in him by section 5192 of this title or section 5193 of 

this title [Sections 502 or 503] with respect to an emergency when he determines 

that an emergency exists for which the primary responsibility for response rests with 

the United States because the emergency involves a subject area for which, under 

the Constitution or laws of the United States, the United States exercises exclusive 

or preeminent responsibility and authority. In determining whether or not such an 

emergency exists, the President shall consult the Governor of any affected State, if 

practicable. The President’s determination may be made without regard to subsection 

(a) of this section.

(c) Indian Tribal Government R

(1) In General - The Chief Executive of an affected Indian tribal government 

submit a request for a declaration by the President that an emergency exists 

consistent with the requirements of subsection (a).

(2) References - In implementing assistance authorized by the President unde

subchapter in response to a request of the Chief Executive of an affected Indian 

tribal government for an emergency declaration, any reference in this subchapter 

or subchapter III (except sections 5153 and 5165d of this title [Sections 310 and 

326]) to a State or the Governor of a State is deemed to refer to an affected Indian 

tribal government or the Chief Executive of an affected Indian tribal government, 

as appropriate.

(3) Savings Provision - Nothing in this subsection shall prohibit an Indian tribal

government from receving assistance under this subchapter through a declaration 

made by the President at the request of a State under subsection (a) if the President 

does not make a declaration under this subsection for the same incident.

Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192)

(a) Specified - In any emergency, the President
77

STAFFORD ACT > TITLE V > § 502

(1) direct any Federal agency, with or without reimbursement, to utilize its authorities 

and the resources granted to it under Federal law (including personnel, equipment, 

supplies, facilities, and managerial, technical and advisory services) in support of 

State and local emergency assistance efforts to save lives, protect property and 

public health and safety, and lessen or avert the threat of a catastrophe, including 

precautionary evacuations;

(2) coordinate all disaster relief assistance (including voluntary assistance) provided 

by Federal agencies, private organizations, and State and local governments;

(3) provide technical and advisory assistance to affected State and local governments 

for -

 (A) the performance of essential community services; 

 (B) issuance of warnings of risks or hazards; 

 (C) public health and safety information, including dissemination of such 

information; 

 (D) provision of health and safety measures; and 

 (E) management, control, and reduction of immediate threats to public health 

and safety;

(4) provide emergency assistance through Federal agencies;

(5) remove debris in accordance with the terms and conditions of section 5173 of this 

title [Section 407]; 

(6) provide assistance in accordance with section 5174 of this title [Section 408]; 

(7) assist State and local governments in the distribution of medicine, food, and other 

consumable supplies, and emergency assistance; and

(8) provide accelerated Federal assistance and Federal support where necessary to 

save lives, prevent human suffering, or mitigate severe damage, which may be 

provided in the absence of a specific request and in which case the President -

 (A) shall, to the fullest extent practicable, promptly notify and coordinate with a 

State in which such assistance or support is provided; and

 (B) shall not, in notifying and coordinating with a State under subparagraph 

(A), delay or impede the rapid deployment, use, and distribution of critical 

resources to victims of an emergency.

(b) General - Whenever the Federal assistance provided under subsection (a) of this secti

with respect to an emergency is inadequate, the President may also provide assistance 

with respect to efforts to save lives, protect property and public health and safety, and 

lessen or avert the threat of a catastrophe, including precautionary evacuations. 

(c) Guidelines - The President shall promulgate and maintain guidelines to assist Gover

in requesting the declaration of an emergency in advance of a natural or man-made 

disaster (including for the purpose of seeking assistance with special needs and other 

evacuation efforts) under this section by defining the types of assistance available 

to affected States and the circumstances under which such requests are likely to be 

approved.
78

STAFFORD ACT > TITLE V > § 503

Sec. 503. Amount of Assistance (42 U.S.C. 5193)

(a) Federal Share - The Federal share for assistance provided under this title shall be e

to not less than 75 percent of the eligible costs.

(b) Limit on Amount of Assist

(1) In General - Except as provided in paragraph (2), total assistance provided un

this title for a single emergency shall not exceed $5,000,000.

(2) Additional Assistance - The limitation described in paragraph (1) m

exceeded when the President determines that -

 (A) continued emergency assistance is immediately required; 

 (B) there is a continuing and immediate risk to lives, property, public health or 

safety; and 

 (C) necessary assistance will not otherwise be provided on a timely basis.

(3) Report - Whenever the limitation described in paragraph (1) is exceeded, 

President shall report to the Congress on the nature and extent of emergency 

assistance requirements and shall propose additional legislation if necessary. 
79

STAFFORD ACT > TITLE VI > §§ 601-602

Title VI - Emergency Preparedness

Sec. 601. Declaration of policy (42 U.S.C. 5195)

The purpose of this title is to provide a system of emergency preparedness for the protection 

of life and property in the United States from hazards and to vest responsibility for emergency 

preparedness jointly in the Federal Government and the States and their political subdivisions. 

The Congress recognizes that the organizational structure established jointly by the Federal 

Government and the States and their political subdivisions for emergency preparedness 

purposes can be effectively utilized to provide relief and assistance to people in areas of the 

United States struck by a hazard. The Federal Government shall provide necessary direction, 

coordination, and guidance, and shall provide necessary assistance, as authorized in this title 

so that a comprehensive emergency preparedness system exists for all hazards.

Sec. 602. Definitions (42 U.S.C. 5195a)

(a) Definitions - For purposes of this title onl

(1) Hazard - The term “hazard” means an emergency or disaster resulting fro

 (A) a natural disaster; or 

 (B) an accidental or man-caused event.

(2) Natural Disaster - The term “natural disaster” means any hurricane, tornad

storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, 

volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other 

catastrophe in any part of the United States which causes, or which may cause, 

substantial damage or injury to civilian property or persons.

(3) Emergency Preparedness - The term “emergency preparedness” means all

activities and measures designed or undertaken to prepare for or minimize the 

effects of a hazard upon the civilian population, to deal with the immediate 

emergency conditions which would be created by the hazard, and to effectuate 

emergency repairs to, or the emergency restoration of, vital utilities and facilities 

destroyed or damaged by the hazard. Such term includes the following:

 (A) Measures to be undertaken in preparation for anticipated hazards (including 

the establishment of appropriate organizations, operational plans, and 

supporting agreements, the recruitment and training of personnel, the 

conduct of research, the procurement and stockpiling of necessary materials 

and supplies, the provision of suitable warning systems, the construction 

or preparation of shelters, shelter areas, and control centers, and, when 

appropriate, the non-military evacuation of the civilian population). 

 (B) Measures to be undertaken during a hazard (including the enforcement of 

passive defense regulations prescribed by duly established military or civil 

authorities, the evacuation of personnel to shelter areas, the control of traffic 

and panic, and the control and use of lighting and civil communications). 

 (C) Measures to be undertaken following a hazard (including activities for 

fire fighting, rescue, emergency medical, health and sanitation services, 
80

monitoring for specific dangers of special weapons, unexploded bomb 

reconnaissance, essential debris clearance, emergency welfare measures, 

and immediately essential emergency repair or restoration of damaged vital 

facilities).

(4) Organizational Equipment - The term “organizational equipment” me

equipment determined by the Administrator to be necessary to an emergency 

preparedness organization, as distinguished from personal equipment, and of 

such a type or nature as to require it to be financed in whole or in part by the 

Federal Government. Such term does not include those items which the local 

community normally uses in combating local disasters, except when required in 

unusual quantities dictated by the requirements of the emergency preparedness 

plans.

(5) Materials - The term “materials” includes raw materials, supplies, medicine

equipment, component parts and technical information and processes necessary 

for emergency preparedness.

(6) Facilities - The term “facilities”, except as otherwise provided in this title, includes

buildings, shelters, utilities, and land.

(7) Administrator - The term “Administrator” means the Administrator of [FEMA

(8) Neighboring Countries - The term “neighboring countries” includes Canada

Mexico.

(9) United States and States - The terms “United States “ and “States” includ[

several States, the District of Columbia, and territories and possessions of the 

United States.

(10) State - The term “State” includes interstate emergency preparedness authoritie

established under section 5196(h) of this title [Section 611(h)].

(b) Cross Reference - The terms “national defense” and “defense”, as used in the D

Production Act of 1950 (50 U.S.C. App. 2061 et seq.), includesemergency preparedness 

activities conducted pursuant to this title. 

Sec. 603. Administration of Title (42 U.S.C. 5195b)

This title shall be carried out by the Administrator of [FEMA].

Critical Infrastructures Protection (42 U.S.C. 5195c) 

[Enacted as the Critical Infrastructures Protection Act of 2001 and also as part of the Uniting 

and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct 

Terrorism Act of 2001 or USA PATRIOT Act, not as part of the Stafford Act]

STAFFORD ACT > TITLE VI > §§ 602-603
81

SUBTITLE A – POWERS AND DUTIES

Sec. 611. Detailed Functions of Administration (42 U.S.C. 5196)

(a) In General - In order to carry out the policy described in section 5195 of this t

[Section 601], the Administrator shall have the authorities provided in this section.

(b) Federal Emergency Response Plans and Programs - The Administrator ma

Federal response plans and programs for the emergency preparedness of the United 

States and sponsor and direct such plans and programs. To prepare such plans and 

programs and coordinate such plans and programs with State efforts, the Administrator 

may request such reports on State plans and operations for emergency preparedness as 

may be necessary to keep the President, Congress, and the States advised of the status of 

emergency preparedness in the United States.

(c) Delegation of Emergency Preparedness Responsibilities - With the ap

President, the Administrator may delegate to other departments and agencies of the 

Federal Government appropriate emergency preparedness responsibilities and review 

and coordinate the emergency preparedness activities of the departments and agencies 

with each other and with the activities of the States and neighboring countries.

(d) Communications and Warnings - The Administrator may make appropriate provi

for necessary emergency preparedness communications and for dissemination of 

warnings to the civilian population of a hazard.

(e) Emergency Preparedness Measures - The Administrator may study a

emergency preparedness measures designed to afford adequate protection of life and 

property, including -

(1) research and studies as to the best methods of treating the effects of hazards; 

(2) developing shelter designs and materials for protective covering or construction; 

(3) developing equipment or facilities and effecting the standardization thereof to 

meet emergency preparedness requirements; and

(4) plans that take into account the needs of individuals with pets and service animals 

prior to, during, and following a major disaster or emergency.

(f) Training Programs 

(1) The Administrator may -

 (A) conduct or arrange, by contract or otherwise, for training programs for the 

instruction of emergency preparedness officials and other persons in the 

organization, operation, and techniques of emergency preparedness;

 (B) conduct or operate schools or including the payment of travel expenses, in 

accordance with subchapter I of chapter 57 of title 5 and the Standardized 

Government Travel Regulations, and per diem allowances, in lieu of 

subsistence for trainees in attendance or the furnishing of subsistence 

and quarters for trainees and instructors on terms prescribed by the 

Administrator; and

 (C) provide instructors and training aids as necessary.

STAFFORD ACT > TITLE VI > § 611
82

(2) The terms prescribed by the Administrator for the payment of travel expenses and 

per diem allowances authorized by this subsection shall include a provision that 

such payment shall not exceed one-half of the total cost of such expenses.

(3) The Administrator may lease real property required for the purpose of carrying 

out this subsection, but may not acquire fee title to property unless specifically 

authorized by law.

(g) Public Dissemination of Emergency Preparedness Information - The Ad

may publicly disseminate appropriate emergency preparedness information by all 

appropriate means.

(h) Emergency Preparedness C

(1) The Administrator shall establish a program supporting the development 

of emergency preparedness compacts for acts of terrorism, disasters, and 

emergencies throughout the Nation, by -

 (A) identifying and cataloging existing emergency preparedness compacts for 

acts of terrorism, disasters, and emergencies at the State and local levels of 

government; 

 (B) disseminating to State and local governments examples of best practices 

in the development of emergency preparedness compacts and models of 

existing emergency preparedness compacts, including agreements involving 

interstate jurisdictions; and 

 (C) completing an inventory of Federal response capabilities for acts of 

terrorism, disasters, and emergencies, making such inventory available to 

appropriate Federal, State, and local government officials, and ensuring that 

such inventory is as current and accurate as practicable.

(2) The Administrator may -

 (A) assist and encourage the States to negotiate and enter into interstate 

emergency preparedness compacts; 

 (B) review the terms and conditions of such proposed compacts in order to 

assist, to the extent feasible, in obtaining uniformity between such compacts 

and consistency with Federal emergency response plans and programs; 

 (C) assist and coordinate the activities under such compacts; and 

 (D) aid and assist in encouraging reciprocal emergency preparedness legislation 

by the States which will permit the furnishing of mutual aid for emergency 

preparedness purposes in the event of a hazard which cannot be adequately 

met or controlled by a State or political subdivision thereof threatened with 

or experiencing a hazard.

(3) A copy of each interstate emergency preparedness compact shall be transmitted 

promptly to the Senate and the House of Representatives. The consent of Congress 

is deemed to be granted to each such compact upon the expiration of the 60-day 

period beginning on the date on which the compact is transmitted to Congress.

(4) Nothing in this subsection shall be construed as preventing Congress from 

STAFFORD ACT > TITLE VI > 42 U.S.C. § 5195c, § 611
83

disapproving, or withdrawing at any time its consent to, any interstate emergency 

preparedness compact.

(i) Materials and Faciliti

(1) The Administrator may procure by condemnation or otherwise, construct, lease, 

transport, store, maintain, renovate or distribute materials and facilities for 

emergency preparedness, with the right to take immediate possession thereof.

(2) Facilities acquired by purchase, donation, or other means of transfer may be 

occupied, used, and improved for the purposes of this title before the approval of 

title by the Attorney General as required by sections 3111 and 3112 of title 40.

(3) The Administrator may lease real property required for the purpose of carrying 

out the provisions of this subsection, but shall not acquire fee title to property 

unless specifically authorized by law.

(4) The Administrator may procure and maintain under this subsection radiological, 

chemical, bacteriological, and biological agent monitoring and decontamination 

devices and distribute such devices by loan or grant to the States for emergency 

preparedness purposes, under such terms and conditions as the Administrator 

shall prescribe.

(j) Financial Contributions

(1) The Administrator may make financial contributions, on the basis of programs or 

projects approved by the Administrator, to the States for emergency preparedness 

purposes, including the procurement, construction, leasing, or renovating 

of materials and facilities. Such contributions shall be made on such terms 

or conditions as the Administrator shall prescribe, including the method of 

purchase, the quantity, quality, or specifications of the materials or facilities, and 

such other factors or care or treatment to assure the uniformity, availability, and 

good condition of such materials or facilities.

(2) The Administrator may make financial contributions, on the basis of programs 

or projects approved by the Administrator, to the States and local authorities 

for animal emergency preparedness purposes, including the procurement, 

construction, leasing, or renovating of emergency shelter facilities and materials 

that will accommodate people with pets and service animals. 

(3) No contribution may be made under this subsection for the procurement of 

land or for the purchase of personal equipment for State or local emergency 

preparedness workers.

(4) The amounts authorized to be contributed by the Administrator to each State for 

organizational equipment shall be equally matched by such State from any source 

it determines is consistent with its laws.

(5) Financial contributions to the States for shelters and other protective facilities 

shall be determined by taking the amount of funds appropriated or available to 

the Administrator for such facilities in each fiscal year and apportioning such 

funds among the States in the ratio which the urban population of the critical 

STAFFORD ACT > TITLE VI > § 611
84

target areas (as determined by the Administrator) in each State, at the time of the 

determination, bears to the total urban population of the critical target areas of all 

of the States.

(6) The amounts authorized to be contributed by the Administrator to each State for 

such shelters and protective facilities shall be equally matched by such State from 

any source it determines is consistent with its laws and, if not matched within 

a reasonable time, the Administrator may reallocate such amounts to other 

States under the formula described in paragraph (4).* The value of any land 

contributed by any State or political subdivision thereof shall be excluded from 

the computation of the State share under this subsection.

(7) The amounts paid to any State under this subsection shall be expended solely 

in carrying out the purposes set forth herein and in accordance with State 

emergency preparedness programs or projects approved by the Administrator. 

The Administrator shall make no contribution toward the cost of any program 

or project for the procurement, construction, or leasing of any facility which (A) 

is intended for use, in whole or in part, for any purpose other than emergency 

preparedness, and (B) is of such kind that upon completion it will, in the judgment 

of the Administrator, be capable of producing sufficient revenue to provide 

reasonable assurance of the retirement or repayment of such cost; except that 

(subject to the preceding provisions of this subsection) the Administrator may 

make a contribution to any State toward that portion of the cost of the construction, 

reconstruction, or enlargement of any facility which the Administrator determines 

to be directly attributable to the incorporation in such facility of any feature of 

construction or design not necessary for the principal intended purpose thereof 

but which is, in the judgment of the Administrator necessary for the use of such 

facility for emergency preparedness purposes.

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

all contributions made pursuant to this subsection.

(9) All laborers and mechanics employed by contractors or subcontractors in the 

performance of construction work financed with the assistance of any contribution 

of Federal funds made by the Administrator under this subsection shall be paid 

wages at rates not less than those prevailing on similar construction in the locality 

as determined by the Secretary of Labor in accordance with sections 3141-3144, 

3146, and 3147 of title 40, and every such employee shall receive compensation 

at a rate not less than one and 1/2 times the basic rate of pay of the employee for 

all hours worked in any workweek in excess of eight hours in any workday or 

40 hours in the workweek, as the case may be. The Administrator shall make no 

contribution of Federal funds without first obtaining adequate assurance that these 

labor standards will be maintained upon the construction work. The Secretary of 

Labor shall have, with respect to the labor standards specified in this subsection, 

the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 

(5 U.S.C. App.) and section 3145 of title 40.

STAFFORD ACT > TITLE VI > § 611

* This was redesignated paragraph (5) by Pub. L. 109-308, § 3(2), Oct. 6, 2006, 120 Stat. 1725.
85

(k) Sale or Disposal of Certain Materials and Facilities - The Administrator ma

for the sale or disposal of materials and facilities found by the Administrator to be 

unnecessary or unsuitable for emergency preparedness purposes in the same manner 

as provided for excess property under chapters 1 to 11 of title 40 and division C (except 

sections 3302, 3307(e), 3501(b), 3509, 4710, and 4711) of subtitle I of title 41. Any 

funds received as proceeds from the sale or other disposition of such materials and 

facilities shall be deposited into the Treasury as miscellaneous receipts. 

Sec. 612. Mutual Aid Pacts Between States and Neighboring Countries 

(42 U.S.C. 5196a)

The Administrator shall give all practicable assistance to States in arranging, through the 

Department of State, mutual emergency preparedness aid between the States and neighboring 

countries.

Sec. 613. Contributions for Personnel and Administrative Expenses 

(42 U.S.C. 5196b)

(a) General Authority - To further assist in carrying out the purposes of this title,

Administrator may make financial contributions to the States (including interstate 

emergency preparedness authorities established pursuant to section 5196(h) of this title 

[Section 611(h)]) for necessary and essential State and local emergency preparedness 

personnel and administrative expenses, on the basis of approved plans (which shall 

be consistent with the Federal emergency response plans for emergency preparedness) 

for the emergency preparedness of the States. The financial contributions to the 

States under this section may not exceed one-half of the total cost of such necessary 

and essential State and local emergency preparedness personnel and administrative 

expenses.

(b) Plan Requirements - A plan submitted under this section sha

(1) provide, pursuant to State law, that the plan shall be in effect in all political 

subdivisions of the State and be mandatory on them and be administered or 

supervised by a single State agency; 

(2) provide that the State shall share the financial assistance with that provided by the 

Federal Government under this section from any source determined by it to be 

consistent with State law; 

(3) provide for the development of State and local emergency preparedness 

operational plans, including a catastrophic incident annex, pursuant to standards 

approved by the Administrator; 

(4) provide for the employment of a full-time emergency preparedness director, or 

deputy director, by the State; 

(5) provide that the State shall make such reports in such form and content as the 

STAFFORD ACT > TITLE VI > §§ 611-613

* Sec. 536 of PKEMRA provides “The Department of Homeland Security shall, in approving standards 

for State and local emergency preparedness operational plans under section 613(b)(3) of the [Stafford 

Act] (42 U.S.C. 5196b(b)(3)), account for the needs of individuals with household pets and service animals before, during, and following a major disaster or emergency: Provided, That Federal agencies may 

provide assistance as described in section 403(a) of the [Stafford Act] (42 U.S.C. 5170b(a)) to carry out 

the plans described in the previous proviso.”
86

Administrator may require; 

(6) make available to duly authorized representatives of the Administrator and the 

Comptroller General, books, records, and papers necessary to conduct audits for 

the purposes of this section; and 

(7) include a plan for providing information to the public in a coordinated manner.

(c) Catastrophic Incident 

(1) Consistency - A catastrophic incident annex submitted under subsection (b)(

shall be -

 (A) modeled after the catastrophic incident annex of the National Response 

Plan; and

 (B) consistent with the national preparedness goal established under [Sec. 643 

of PKEMRA, 6 USC § 743], the National Incident Management System, the 

National Response Plan, and other related plans and strategies.

(2) Consultation - In developing a catastrophic incident annex submitted und

subsection (b)(3), a State shall consult with and seek appropriate comments 

from local governments, emergency response providers, locally governed 

multijurisdictional councils of government, and regional planning commissions.

(d) Terms and Conditions - The Administrator shall establish such other terms

conditions as the Administrator considers necessary and proper to carry out 

this section.

(e) Application of Other Provisions - In carrying out this section, the provisio

section[s] 5196(h) and 5197(h) of this title [Sections 611(h) and 621(h)] shall apply.

(f) Allocation of Funds - For each fiscal year concerned, the Administrator shall alloc

to each State, in accordance with regulations and the total sum appropriated under 

this title, amounts to be made available to the States for the purposes of this section. 

Regulations governing allocations to the States under this subsection shall give due 

regard to (1) the criticality of the areas which may be affected by hazards with respect 

to the development of the total emergency preparedness readiness of the United States, 

(2) the relative state of development of emergency preparedness readiness of the State, 

(3) population, and (4) such other factors as the Administrator shall prescribe. The 

Administrator may reallocate the excess of any allocation not used by a State in a plan 

submitted under this section. Amounts paid to any State or political subdivision under 

this section shall be expended solely for the purposes set forth in this section.

(g) Standards for State and Local Emergency Preparedness Oper

approving standards for State and local emergency preparedness operational plans 

pursuant to subsection (b)(3), the Administrator shall ensure that such plans take into 

account the needs of individuals with household pets and service animals prior to, 

during, and following a major disaster or emergency.

(h) Submission of Plan - If a State fails to submit a plan for approval as required by t

section within 60 days after the Administrator notifies the States of the allocations 

under this section, the Administrator may reallocate such funds, or portions thereof, 

among the other States in such amounts as, in the judgment of the Administrator, will 

STAFFORD ACT > TITLE VI > § 613
87

best assure the adequate development of the emergency preparedness capability of the 

United States.

(h) Annual Reports - The Administrator shall report annually to the Congress

contributions made pursuant to this section.*

Sec. 614. Grants for Construction of Emergency Operations Centers 

(42 U.S.C. 5196c)

(a) Grants - The Administrator of [FEMA] may make grants to States under this subchapter

for equipping, upgrading, and constructing State and local emergency operations 

centers.

(b) Federal Share - Notwithstanding any other provision of this subchapter, the Fed

share of the cost of an activity carried out using amounts from grants made under this 

section shall not exceed 75 percent.

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 title may be used by the States for the purposes 

of preparing for hazards and providing emergency assistance in response to hazards. 

Regulations prescribed to carry out this section shall authorize the use of emergency 

preparedness personnel, materials, and facilities supported in whole or in part through 

contributions under this title for emergency preparedness activities and measures related 

to hazards.

Radiological Emergency Preparedness Fund (42 U.S.C. 5196e)**

There is hereby established in the Treasury a Radiological Emergency Preparedness Fund, 

which shall be available under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], 

as amended, and Executive Order 12657, for offsite radiological emergency planning, 

preparedness, and response. Beginning in fiscal year 1999 and thereafter, the Administrator 

of [FEMA] shall promulgate through rulemaking fees to be assessed and collected, 

applicable to persons subject to FEMA’s radiological emergency preparedness regulations. 

The aggregate charges assessed pursuant to this section during fiscal year 1999 shall not be 

less than 100 percent of the amounts anticipated by FEMA necessary for its radiological 

emergency preparedness program for such fiscal year. The methodology for assessment 

and collection of fees shall be fair and equitable; and shall reflect costs of providing such 

services, including administrative costs of collecting such fees. Fees received pursuant to this 

section shall be deposited in the Fund as offsetting collections and will become available for 

authorized purposes on October 1, 1999, and remain available until expended.

Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f)

(a) In General - Consistent with section 5151(a) of this title [Section 308(a)], 

Administrator of [FEMA] shall -

(1) identify, in coordination with State and local governments, population groups 

STAFFORD ACT > TITLE VI > § 613

* Typographical error in original; two sections “(h)” have been enacted.

** This section was enacted as part of the Departments of Veterans Affairs and Housing and Urban 

Development, and Independent Agencies Appropriations Act, 1999.
88

with limited English proficiency and take into account such groups in planning 

for an emergency or major disaster;

(2) ensure that information made available to individuals affected by a 

major disaster or emergency is made available in formats that can be understood 

by -

 (A) population groups identified under paragraph (1); and

 (B) individuals with disabilities or other special needs; and

(3) develop and maintain an informational clearinghouse of model language assistance 

programs and best practices for State and local governments in providing services 

related to a major disaster or emergency.

(b) Group Size - For purposes of subsection (a), the Administrator of [FEMA] shall de

the size of a population group.

SUBTITLE B – GENERAL PROVISIONS

Sec. 621. Administrative Authority (42 U.S.C. 5197)

(a) In General - For the purpose of carrying out the powers and duties assigned to 

Administrator under this title, the Administrator may exercise the administrative 

authorities provided under this section.

(b) Advisory Personne

(1) The Administrator may employ not more than 100 part-time or temporary 

advisory personnel (including not to exceed 25 subjects of the United Kingdom 

or citizens of Canada) as the Administrator considers to be necessary in carrying 

out the provisions of this title.

(2) Persons holding other offices or positions under the United States for which 

they receive compensation, while serving as advisory personnel, shall receive 

no additional compensation for such service. Other part-time or temporary 

advisory personnel so employed may serve without compensation or may receive 

compensation at a rate not to exceed $180 for each day of service, plus authorized 

subsistence and travel, as determined by the Administrator.

(c) Services of Other Agency Personnel and Volunteers - The Admi

(1) use the services of Federal agencies and, with the consent of any State or local 

government, accept and use the services of State and local agencies; 

(2) establish and use such regional and other offices as may be necessary; and 

(3) use such voluntary and uncompensated services by individuals or organizations 

as may from time to time be needed.

(d) Gifts - Notwithstanding any other provision of law, the Administrator may accept gift

of supplies, equipment, and facilities and may use or distribute such gifts for emergency 

preparedness purposes in accordance with the provisions of this title.

(e) Reimbursement - The Administrator may reimburse any Federal agency for an

STAFFORD ACT > TITLE VI > §§ 616, 621
89

its expenditures or for compensation of its personnel and use or consumption of its 

materials and facilities under this title to the extent funds are available.

(f) Printing - The Administrator may purchase such printing, binding, and blankbook work from public, commercial, or private printing establishments or binderies 

as the Administrator considers necessary upon orders placed by the Director of the 

Government Printing Office or upon waivers issued in accordance with section 504 of 

title 44.

(g) Rules and Regulations - The Administrator may prescribe such rules and regulati

may be necessary and proper to carry out any of the provisions of this title and perform 

any of the powers and duties provided by this title. The Administrator may perform any 

of the powers and duties provided by this title through or with the aid of such officials 

of [FEMA] as the Administrator may designate.

(h) Failure to Expend Contributions Cor

(1) When, after reasonable notice and opportunity for hearing to the State or other 

person involved, the Administrator finds that there is a failure to expend funds 

in accordance with the regulations, terms, and conditions established under 

this title for approved emergency preparedness plans, programs, or projects, 

the Administrator may notify such State or person that further payments will 

not be made to the State or person from appropriations under this title (or from 

funds otherwise available for the purposes of this title for any approved plan, 

program, or project with respect to which there is such failure to comply) until the 

Administrator is satisfied that there will no longer be any such failure. 

(2) Until so satisfied, the Administrator shall either withhold the payment of 

any financial contribution to such State or person or limit payments to those 

programs or projects with respect to which there is substantial compliance with 

the regulations, terms, and conditions governing plans, programs, or projects 

hereunder. 

(3) As used in this subsection, the term “person” means the political subdivision of 

any State or combination or group thereof or any person, corporation, association, 

or other entity of any nature whatsoever, including instrumentalities of States and 

political subdivisions. 

Sec. 622. Security Regulations (42 U.S.C. 5197a)

(a) Establishment - The Administrator shall establish such security requirements and

safeguards, including restrictions with respect to access to information and property as 

the Administrator considers necessary.

(b) Limitation on Employee Access to Information - No employee of [FEMA] 

permitted to have access to information or property with respect to which access 

restrictions have been established under this section, until it shall have been determined 

that no information is contained in the files of the Federal Bureau of Investigation or 

any other investigative agency of the Government indicating that such employee is of 

questionable loyalty or reliability for security purposes, or if any such information is 

STAFFORD ACT > TITLE VI > §§ 621-622
90

so disclosed, until the Federal Bureau of Investigation shall have conducted a full field 

investigation concerning such person and a report thereon shall have been evaluated in 

writing by the Administrator.

(c) National Security Positions - No employee of [FEMA] shall occupy any posit

determined by the Administrator to be of critical importance from the standpoint of 

national security until a full field investigation concerning such employee shall have 

been conducted by the Director of the Office of Personnel Management and a report 

thereon shall have been evaluated in writing by the Administrator of [FEMA]. In the 

event such full field investigation by the Director of the Office of Personnel Management 

develops any data reflecting that such applicant for a position of critical importance is 

of questionable loyalty or reliability for security purposes, or if the Administrator of 

[FEMA] for any other reason considers it to be advisable, such investigation shall be 

discontinued and a report thereon shall be referred to the Administrator of [FEMA] for 

evaluation in writing. Thereafter, the Administrator of [FEMA] may refer the matter to 

the Federal Bureau of Investigation for the conduct of a full field investigation by such 

Bureau. The result of such latter investigation by such Bureau shall be furnished to the 

Administrator of [FEMA] for action.

(d) Employee Oaths - Each Federal employee of [FEMA] acting under the author

of this title, except the subjects of the United Kingdom and citizens of Canada 

specified in section 5197(b) of this title [Section 621(b)], shall execute the loyalty 

oath or appointment affidavits prescribed by the Director of the Office of Personnel 

Management. Each person other than a Federal employee who is appointed to serve 

in a State or local organization for emergency preparedness shall before entering upon 

duties, take an oath in writing before a person authorized to administer oaths, which 

oath shall be substantially as follows:

 “I______, do solemnly swear (or affirm) that I will support and defend the Constitution 

of the United States against all enemies, foreign and domestic; that I will bear true 

faith and allegiance to the same; that I take this obligation freely, without any mental 

reservation or purpose of evasion; and that I will well and faithfully discharge the duties 

upon which I am about to enter.

 “And I do further swear (or affirm) that I do not advocate, nor am I a member or an affiliate 

of any organization, group, or combination of persons that advocates the overthrow of 

the Government of the United States by force or violence; and that during such time 

as I am a member of ________ (name of emergency preparedness organization), I 

will not advocate nor become a member or an affiliate of any organization, group, or 

combination of persons that advocates the overthrow of the Government of the United 

States by force or violence.”

 After appointment and qualification for office, the director of emergency preparedness 

of any State, and any subordinate emergency preparedness officer within such State 

designated by the director in writing, shall be qualified to administer any such oath 

within such State under such regulations as the director shall prescribe. Any person who 

shall be found guilty of having falsely taken such oath shall be punished as provided in 

section 1621 of title 18.

STAFFORD ACT > TITLE VI > § 622
91

Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b)

In performing duties under this title, the Administrator -

(1) shall cooperate with the various departments and agencies of the Federal 

Government;

(2) shall use, to the maximum extent, the existing facilities and resources of the 

Federal Government and, with their consent, the facilities and resources of the 

States and political subdivisions thereof, and of other organizations and agencies; 

and

(3) shall refrain from engaging in any form of activity which would duplicate or parallel 

activity of any other Federal department or agency unless the Administrator, with 

the written approval of the President, shall determine that such duplication is 

necessary to accomplish the purposes of this title. 

Sec. 624. Annual Report to Congress (42 U.S.C. 5197c)

The Administrator shall annually submit a written report to the President and Congress 

covering expenditures, contributions, work, and accomplishments of [FEMA] pursuant to 

this title, accompanied by such recommendations as the Administrator considers appropriate.

Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d)

The provisions of this title shall be applicable to the United States, its States, Territories and 

possessions, and the District of Columbia, and their political subdivisions.

Sec. 626. Authorization of Appropriation and Transfers of Funds 

(42 U.S.C. 5197e)

(a) Authorization of Appropriations - There are authorized to be appropriated suc

as may be necessary to carry out the provisions of this title.

(b) TransferAuthority - Funds made available for the purposes of this title may be alloc

or transferred for any of the purposes of this title, with the approval of the Director 

of the Office of Management and Budget, to any agency or government corporation 

designated to assist in carrying out this title. Each such allocation or transfer shall be 

reported in full detail to the Congress within 30 days after such allocation or transfer. 

Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f)

Nothing in this title shall be construed to alter or modify the provisions of the Atomic Energy 

Act of 1954 (42 U.S.C. 2011 et seq.).

Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)

Nothing in this title shall be construed to authorize investigations of espionage, sabotage, or 

subversive acts by any persons other than personnel of the Federal Bureau of Investigation.

STAFFORD ACT > TITLE VI > §§ 623-628
92

Title VII - Miscellaneous

Sec. 701. Authority to Prescribe Rules and Accept Gifts (42 U.S.C. 5201)

(a) Rules and Regu

(1) The President may prescribe such rules and regulations as may be necessary and 

proper to carry out any of the provisions of this Act, and he may exercise any 

power or authority conferred on him by any section of this Act either directly or 

through such Federal agency or agencies as he may designate. 

(2) Deadline for payment of assistance - Rules and regulations authorized by 

paragraph (1) shall provide that payment of any assistance under this Act to a State 

shall be completed within 60 days after the date of approval of such assistance.

(b) In furtherance of the purposes of this Act, the President or his delegate may accept and 

use bequests, gifts, or donations of service, money, or property, real, personal, or mixed, 

tangible, or intangible. All sums received under this subsection shall be deposited in 

a separate fund on the books of the Treasury and shall be available for expenditure 

upon the certification of the President or his delegate. At the request of the President 

or his delegate, the Secretary of the Treasury may invest and reinvest excess monies in 

the fund. Such investments shall be in public debt securities with maturities suitable 

for the needs of the fund and shall bear interest at rates determined by the Secretary 

of the Treasury, taking into consideration current market yields on outstanding 

marketable obligations of the United States of comparable maturities. The interest on 

such investments shall be credited to, and form a part of, the fund. 

Insular Areas Disaster Survival and Recovery; Definitions (42 U.S.C. 5204)*

As used in sections 5204 to 5204c of this title -

(1) the term “insular area” means any of the following: American Samoa, the Federated 

States of Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands, 

the Trust Territory of the Pacific Islands,** and the Virgin Islands; 

(2) the term “disaster” means a declaration of a major disaster by the President after 

September 1, 1989, pursuant to section 5170 of this title [Section 401]; and 

(3) the term “Secretary” means the Secretary of the Interior. 

Technical Assistance for Insular Areas (42 U.S.C. 5204b)***

(a) Upon the declaration by the President of a disaster in an insular area, the President, acting 

through the Administrator of [FEMA], shall assess, in cooperation with the Secretary 

and chief executive of such insular area, the capability of the insular government to 

respond to the disaster, including the capability to assess damage; coordinate activities 

with Federal agencies, particularly [FEMA]; develop recovery plans, including 

recommendations for enhancing the survivability of essential infrastructure; negotiate 

* This section was enacted as part of the Omnibus Insular Areas Act of 1992.

** The Trust Territory of the Pacific Islands has been terminated. See note preceding 48 U.S.C. 1681.

*** This section was enacted as part of the Omnibus Insular Areas Act of 1992.

STAFFORD ACT > TITLE VII > § 701, 42 U.S.C. §§ 5204, 5204b
93

STAFFORD ACT > TITLE VII > § 705, 42 U.S.C. §§ 5204b

* Sec. 1216(c)(2) of DRRA provides that (A) “With respect to disaster or emergency assistance provided 

to a State or local government on or after January 1, 2004 (i) no administrative action may be taken 

to recover a payment of such assistance after [October 5, 2018] if the action is prohibited under 

[this paragraph] section, and (ii) any administrative action to recover a payment of such assistance 

that is pending on such date of enactment shall be terminated if the action is prohibited under [this 

paragraph].” and (B) Such provision “may not be construed to invalidate or otherwise affect any 

administration action completed before [October 5, 2018].”

and manage reconstruction contracts; and prevent the misuse of funds. If the President 

finds that the insular government lacks any of these or other capabilities essential to the 

recovery effort, then the President shall provide technical assistance to the insular area 

which the President deems necessary for the recovery effort.

(b) One year following the declaration by the President of a disaster in an insular area, the 

Secretary, in consultation with the Administrator of [FEMA], shall submit to the Senate 

Committee on Energy and Natural Resources and the House Committee on Natural 

Resources a report on the status of the recovery effort, including an audit of Federal 

funds expended in the recovery effort and recommendations on how to improve public 

health and safety, survivability of infrastructure, recovery efforts, and effective use of 

funds in the event of future disasters. 

Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205)

(a) Statute of Limitati

(1) In General - Notwithstanding section 3716(e) of title 31, United States Co

and except as provided in paragraph (2), no administrative action to recover any 

payment made to a State or local government for disaster or emergency assistance 

under this Act shall be initiated in any forum after the date that is 3 years after 

the date of transmission of the final expenditure report for project completion as 

certified by the grantee.*

(2) Fraud Exception - The limitation under paragraph (1) shall apply unless there

evidence of civil or criminal fraud.

(b) Rebuttal of Presumption of Record

(1) In General - In any dispute arising under this section after the date that is 3 ye

after the date of transmission of the final expenditure report for project completion 

as certified by the grantee, there shall be a presumption that accounting records 

were maintained that adequately identify the source and application of funds 

provided for financially assisted activities. 

(2) Affirmative Evidence - The presumption described in paragraph (1) 

rebutted only on production of affirmative evidence that the State or local 

government did not maintain documentation described in that paragraph. 

(3) Inability to Produce Documentation - The inability of the Federal, State, or 

government to produce source documentation supporting expenditure reports 

later than 3 years after the date of transmission of the final expenditure report 

for project completion as certified by the grantee shall not constitute evidence to 

rebut the presumption described in paragraph (1). 
94

(4) Right of Access - The period during which the Federal, State, or local governm

has the right to access source documentation shall not be limited to the required

3-year retention period referred to in paragraph (3), but shall last as long as the

records are maintained.

(c) Binding Nature of Grant Requirements* - A State or local government 

liable for reimbursement or any other penalty for any payment made under this Act if -

(1) the payment was authorized by an approved agreement specifying the costs; 

(2) the costs were reasonable; and 

(3) the purpose of the grant was accomplished.

(d) Facilitating Closeo

(1)   Incentives - The Administrator of [FEMA] may develop incentives and pena

that encourage State, local, or Indian tribal governments to close out expenditures 

and activities on a timely basis related to disaster or emergency assistance.

(2)   Agency Requirements - [FEMA] shall, consistent with applicable regula

required procedures, meet its responsibilities to improve closeout practices and

reduce the time to close disaster program awards.

Buy American (42 U.S.C. 5206)** (a) comPliancE with chaPtEr 83 oF titlE 41 - No funds authorized to be

appropriated under [the Disaster Mitigation Act of 2000] or any 

amendment made by this [the Disaster Mitigation Act of 2000]* may be 

expended by an entity unless the entity, in expending the funds, complies with 

chapter 83 of title 41. (b) DEbarmEnt oF PErsons convictED oF FraUDUlEnt UsE oF “maDE in amErica” labEls -

(1) in gEnEral - If the Administrator of [FEMA] determines that a person has 

been convicted of intentionally affixing a label bearing a “Made in America” 

inscription to any product sold in or shipped to the United States that is not made 

in America, the Administrator shall determine, not later than 90 days after 

determining that the person has been so convicted, whether the person should 

be debarred from

STAFFORD ACT > TITLE VII > § 705

** This section was enacted as part of the Disaster Mitigation Act of 2000, Pub. L. No. 106-390.

* Sec. 1237 of DRRA provides: “Certain Recoupment Prohibited. (a) IN GENERAL.—Notwithstanding 

any other provision of law, the Agency shall deem any covered disaster assistance to have been 

properly procured, provided, and utilized, and shall restore any funding of covered disaster assistance 

previously provided but subsequently withdrawn or deobligated. (b) COVERED DISASTER ASSISTANCE 

DEFINED.—In this section, the term ‘‘covered disaster assistance’’ means assistance—(1) provided 

to a local government pursuant to section 403, 406, or 407 of the [Stafford Act] (42 U.S.C. 5170b, 

5172, or 5173); and (2) with respect to which the inspector general of the Department of Homeland 

Security has determined, after an audit, that (A) the Agency deployed to the local government a 

Technical Assistance Contractor to review field operations, provide eligibility advice, and assist with 

day-to-day decisions; (B) the Technical Assistance Contractor provided inaccurate information to the 

local government; and (C) the local government relied on the inaccurate information to determine 

that relevant contracts were eligible, reasonable, and reimbursable.”
95

STAFFORD ACT > TITLE VII > § 706. § 42 U.S.C. 5206

contracting under the [Stafford Act] (42 U.S.C. 5121 et seq.). 

(2) Definition of Debar - In this subsection, the term “debar” has the meaning gi

the term in section 2393(c) of title 10.

Sec. 706. Firearms Policies (42 U.S.C. 5207)

(a) Prohibition on Confiscation of Firearms - No officer or employee of the Uni

States (including any member of the uniformed services), or person operating 

pursuant to or under color of Federal law, or receiving Federal funds, or under control of 

any Federal official, or providing services to such an officer, employee, or other person, 

while acting in support of relief from a major disaster or emergency, may -

(1) temporarily or permanently seize, or authorize seizure of, any firearm the 

possession of which is not prohibited under Federal, State, or local law, other 

than for forfeiture in compliance with Federal law or as evidence in a criminal 

investigation; 

(2) require registration of any firearm for which registration is not required by 

Federal, State, or local law;

(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order 

prohibiting possession of any firearm, in any place or by any person where such 

possession is not otherwise prohibited by Federal, State, or local law; or

(4) prohibit the carrying of firearms by any person otherwise authorized to carry 

firearms under Federal, State, or local law, solely because such person is operating 

under the direction, control, or supervision of a Federal agency in support of relief 

from the major disaster or emergency. 

(b) Limitation - Nothing in this section shall be construed to prohibit any person in

subsection (a) from requiring the temporary surrender of a firearm as a condition for 

entry into any mode of transportation used for rescue or evacuation during a major 

disaster or emergency, provided that such temporarily surrendered firearm is returned 

at the completion of such rescue or evacuation.

(c) Private Rights of Acti

(1) In General - Any individual aggrieved by a violation of this section may s

relief in an action at law, suit in equity, or other proper proceeding for redress 

against any person who subjects such individual, or causes such individual to be 

subjected, to the deprivation of any of the rights, privileges, or immunities secured 

by this section. 

(2) Remedies - In addition to any existing remedy in law or equity, under any law

individual aggrieved by the seizure or confiscation of a firearm in violation of this 

section may bring an action for return of such firearm in the United States district 

court in the district in which that individual resides or in which such firearm may 

be found. 

(3) Attorney Fees - In any action or proceeding to enforce this section, the court sh

award the prevailing party, other than the United States, a reasonable attorney’s fee 

as part of the costs.
96

Additional FEMA Authorities

Name/Title Location

Acts

Defense Production Act of 1950 50 App. U.S.C. § 2061 et seq.

Earthquake Hazards Reduction Act of 1977 42 U.S.C. § 7701 et seq.

Federal Fire Prevention and Control Act of 1974 15 U.S.C. § 2201 et seq.; 

42 U.S.C. § 290a

Homeland Security Act of 2002 6 U.S.C. § 311 et seq.

Implementing Recommendations of the 9/11 

Commission Act of 2007

Pub. L. 110-53, 121 Stat. 266 

(2007)

McKinney-Vento Homeless Assistance Act (Title III) 42 U.S.C. § 11331 et seq.

National Capital Region Mutual Aid 42 U.S.C. § 5196 note

National Dam Safety Program Act 33 U.S.C. § 467 et seq.

National Emergencies Act 50 U.S.C. § 1601 et seq.

National Flood Insurance Act of 1968 42 U.S.C. § 4001 et seq.

National Security Act of 1947 50 U.S.C. §§ 404-405

Post-Katrina Emergency Management Reform Act 

of 2006

Pub. L. 109-295, Title VI, § 601 et 

seq., 120 Stat. 1394 (2006)

Section 109 of Public Law 96-295 (June 30, 1980) N/A

Section 102 of Public Law 107-295, the Maritime 

Transportation Security Act of 2002

46 U.S.C. § 70107

Warning, Alert, and Response Network Act 47 U.S.C. § 1201 et seq.

Specific Statutes

Comprehensive emergency response plans 42 U.S.C. § 11003

Destruction of existing stockpile of lethal chemical 

agents and munitions

50 U.S.C. § 1521

Emergency response to natural disasters 33 U.S.C. § 701n

Planning and training grants, monitoring, and review 49 U.S.C. § 5116

Response authorities [CERCLA] 42 U.S.C. § 9604

Training curriculum for the public sector 49 U.S.C. § 5115

War powers of President 47 U.S.C. § 606

Executive Orders

E.O. 11514, Protection and Enhancement of Environmental Quality

42 U.S.C. § 4321 note

E.O. 11795, Delegation of Presidential Functions 42 U.S.C. § 5121 note

E.O. 11988, Floodplain Management 42 U.S.C. § 4321 note

E.O. 11990, Protection of Wetlands 42 U.S.C. § 4321 note
97

Executive Orders (continued)

E.O. 12127, Transfer of Functions to Federal 

Emergency Management Agency

15 U.S.C. § 2201 note

E.O. 12148, Federal Emergency Management 42 U.S.C. § 5195 note

E.O. 12472, Assignment of National Security 

and Emergency Preparedness Telecommunications 

Functions

42 U.S.C. § 5195 note

E.O. 12656, Assignment of Emergency Preparedness 

Responsibilities

42 U.S.C. § 5195 note

E.O. 12657, Department of Homeland 

Security Assistance in Emergency Preparedness 

Planning at Commercial Nuclear Power Plants

42 U.S.C. § 5195 note

E.O. 12673, Delegation of Disaster Relief and Emergency Assistance Functions

42 U.S.C. § 5195 note

E.O. 12699, Seismic Safety of Federal and Federally 

Assisted or Regulated New Building Construction.

42 U.S.C. § 7704 note

E.O. 12941, Seismic Safety of Existing Federally 

Owned or Leased Buildings

42 U.S.C. § 7705b note

E.O. 13010, Critical Infrastructure Protection 42 U.S.C. § 5195 note

E.O. 13151, Global Disaster Information Network 42 U.S.C. § 5195 note

E.O. 13161, Establishment of the Presidential Medal 

of Valor for Public Safety Officers

15 U.S.C. § 2214 note

E.O. 13347, Individuals with Disabilities in 

Emergency Preparedness

6 U.S.C. § 314 note

E.O. 13407, Public Alert and Warning System 42 U.S.C. § 5195 note

Reorganization Plan No. 1 of 1958 42 U.S.C. § 5195 note

Reorganization Plan No. 1 of 1973 42 U.S.C. § 5195 note

Reorganization Plan No. 3 of 1978 15 U.S.C. § 2201 note