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42 U.S.C. § 5189h — Agency accountability

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5189h — Agency accountability

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5189h

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Stable record: federal_law:legal_authorities:record_usc_5214628b4d54e7e8f77e5d70
Source file: Laws/federal/codes/united-states-code/title-42/section-5189h-agency-accountability--4fe2f1e960.md
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Source location: Title 42, Chapter 68, § 5189h; chapter-068-disaster-relief.md

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**(a) Public assistance** Not later than 5 days after an award of a public assistance grant is made under [section 5172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5172&num=0&edition=prelim) that is in excess of $1,000,000, the Administrator of the Federal Emergency Management Agency shall publish on the website of the Federal Emergency Management Agency the specifics of each such grant award, including— (1) identifying the Federal Emergency Management Agency Region; (2) the disaster or emergency declaration number; (3) the State, county, and applicant name; (4) if the applicant is a private nonprofit organization; (5) the damage category code; (6) the amount of the Federal share obligated; and (7) the date of the award. **(b) Mission assignments** (1) **In general** — Not later than 5 days after the issuance of a mission assignment or mission assignment task order, the Administrator of the Federal Emergency Management Agency shall publish on the website of the Federal Emergency Management Agency 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 until a mission assignment or mission assignment task order described in paragraph (1) is completed and closed out, the Administrator of the Federal Emergency Management Agency 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 of each month, the Administrator of the Federal Emergency Management Agency shall publish on the website of the Federal Emergency Management Agency 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) 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; (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 5122(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122/1&num=0&edition=prelim), major disasters, as described in [section 5122(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122/2&num=0&edition=prelim), fire management assistance grants, as described in [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim), surge activities, and disaster readiness and support activities; and (H) the amount required for activities not covered under [section 901(b)(2)(D)(iii) of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901/b/2/D/iii&num=0&edition=prelim); 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 the Federal Emergency Management Agency on the website of the Federal Emergency Management Agency 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. **(d) Contracts** (1) **Information** — Not later than 10 days after the first day of each month, the Administrator of the Federal Emergency Management Agency shall publish on the website of the Federal Emergency Management Agency the specifics of each contract in excess of $1,000,000 that the Federal Emergency Management Agency 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 Administrator of the Federal Emergency Management Agency 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 subrecipient contracts** (1) **In general** — Not later than 180 days after October 5, 2018, the Administrator of the Federal Emergency Management Agency 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 5165b, 5170b, 5170c, 5172, 5173, 5189f, or 5192 of this title, 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; (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 the Federal Emergency Management Agency shall 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 October 5, 2018, the Administrator of the Federal Emergency Management Agency 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 the Federal Emergency Management Agency to collect the information described in paragraph (1).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5172 — Repair, restoration, and replacement of damaged facilities

**(a) Contributions** (1) **In general** — The President may make contributions— (A) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by the government; and (B) subject to paragraph (3), to a person that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person. (2) **Associated expenses** — For the purposes of this section, associated expenses shall include— (A) the costs of mobilizing and employing the National Guard for performance of eligible work; (B) the costs of using prison labor to perform eligible work, including 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 facilities** (A) *In general* — The President may make contributions to a private nonprofit facility under paragraph (1)(B) only if— (i) the facility provides critical services (as defined by the President) in the event of a major disaster; or (ii) the owner or operator of the facility— (I) has applied for

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5172

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5187 — Fire management assistance

**(a) In general** The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would constitute a major disaster. **(b) Coordination with State and tribal departments of forestry** In providing assistance under this section, the President shall coordinate with State and tribal departments of forestry. **(c) Essential assistance** In providing assistance under this section, the President may use the authority provided under [section 5170b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170b&num=0&edition=prelim). **(d) Hazard mitigation assistance** Whether or not a major disaster is declared, the President may provide hazard mitigation assistance in accordance with [section 5170c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170c&num=0&edition=prelim) 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 as are necessary to carry out this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5187

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5189h — Agency accountability

Page 6424 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5189g and any recommendations for changes to the alternative procedures. (Pub. L. 93–288, title IV, § 428, as added Pub. L. 113–2, div. B, § 1102(2), Jan. 29, 2013, 127 Stat. 39; amended Pub. L. 115–254, div. D, § 1207(c), (d), Oct. 5, 2018, 132 Stat. 3440, 3441.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- sec. (a), probably means the date of enactment of Pub. L. 113–2, which enacted this section and was approved Jan. 29, 2013. This chapter, referred to in subsec. (d)(2), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5121 of this title and Tables. The Fair Labor Standards Act of 1938, referred to in subsec. (g), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. AMENDMENTS 2018—Subsec. (d). Pub. L. 115–254, § 1207(c), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (e)(1)(G). Pub. L. 115–254, § 1207(d), added sub- par. (G). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the Presi- dent on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see sec- tion 1202 of Pub. L. 115–254, set out as a note under sec- tion 5121 of this title. § 5

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5189h

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