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42 U.S.C. § 5123 — References

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42 U.S.C. § 5123 — References

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Page 6360 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5123 ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).’’ § 5123. References 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 ref- erence to a ‘‘local government’’ in sections 5172(d)(3) and 5184 of this title is deemed to refer also to Indian tribal governments and officials, as appropriate. (Pub. L. 93–288, title I, § 103, as added Pub. L. 113–2, div. B, § 1110(d), Jan. 29, 2013, 127 Stat. 49.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. SUBCHAPTER II—DISASTER PREPARED- NESS AND MITIGATION ASSISTANCE § 5131. Federal and State disaster preparedness programs (a) Utilization of services of other agencies The President is authorized to establish a pro- gram of disaster preparedness that utilizes serv- ices of all appropriate agencies and includes— (1) preparation of disaster preparedness plans for mitigation, warning, emergency op- erations, rehabilitation, and recovery; (2) training and exercises; (3) postdisaster critiques and evaluations; (4) annual review of programs; (5) coordination of Federal, State, and local preparedness programs; (6) application of science and technology; (7) research. (b) Technical assistance for the development of plans and programs The President shall provide technical assist- ance to the States in developing comprehensive plans and practicable programs for preparation against disasters, including hazard reduction, avoidance, and mitigation; for assistance to in- dividuals, businesses, and State and local gov- ernments following such disasters; and for re- covery of damaged or destroyed public and pri- vate facilities. (c) Grants to States for development of plans and programs Upon application by a State, the President is authorized to make grants, not to exceed in the aggregate to such State $250,000, for the develop- ment 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 assist- ance 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 as- sistance following, emergencies and major dis- asters, including provisions for assistance to individuals, businesses, and local govern- ments; and (2) include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and con- duct of required exercises. (d) Grants for improvement, maintenance, and updating of State plans The President is authorized to make grants not to exceed 50 per centum of the cost of im- proving, maintaining and updating State dis- aster assistance plans, including evaluations of natural hazards and development of the pro- grams and actions required to mitigate such hazards; except that no such grant shall exceed $50,000 per annum to any State. (Pub. L. 93–288, title II, § 201, May 22, 1974, 88 Stat. 145; Pub. L. 100–707, title I, § 104, Nov. 23, 1988, 102 Stat. 4690.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–707, § 104(b)(1), struck out ‘‘(including the Defense Civil Preparedness Agen- cy)’’ after ‘‘agencies’’. Subsec. (d). Pub. L. 100–707, § 104(a), (b)(2), inserted ‘‘including evaluations of natural hazards and develop- ment of the programs and actions required to mitigate such hazards;’’ after ‘‘plans,’’ and substituted ‘‘$50,000’’ for ‘‘$25,000’’. Statutory Notes and Related Subsidiaries RED FLAG WARNINGS AND PREDISASTER ACTIONS; DEFINITIONS Pub. L. 117–251, §§ 2, 4, Dec. 20, 2022, 136 Stat. 2354, 2356, provided that: ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act [see Short Title of 2022 Amendment note set out under section 5121 of this title]— ‘‘(1) the term ‘Administrator’ means the Adminis- trator of the Agency; ‘‘(2) the term ‘Agency’ means the Federal Emer- gency Management Agency; ‘‘(3) the term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appro- priations of the Senate; and ‘‘(B) the Committee on Transportation and Infra- structure and the Committee on Appropriations of the House of Representatives; ‘‘(4) the term ‘emergency’ means an emergency de- clared or determined to exist by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191); ‘‘(5) the terms ‘Indian tribal government’, ‘local government’, and ‘State’ have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and ‘‘(6) the term ‘major disaster’ means a major dis- aster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). ‘‘SEC. 4. RED FLAG WARNINGS AND PREDISASTER ACTIONS. ‘‘Not later than 1 year after the date of enactment of this Act [Dec. 20, 2022], the Administrator, in coordina-

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

42 U.S.C. § 5122 — Definitions

As used in this chapter— (1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the 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 any 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 and magnitude to warrant major disaster assistance under this chapter 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, the 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, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) “Governor” means the chief executive of any State. (6) **Indian tribal government.—** — The term “Indian tribal government” means the 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.

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

42 U.S.C. § 5122 — Definitions

Page 6357 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5122 2000, the President would submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including recommendations concerning State administration of parts of the pro- gram. STUDY REGARDING COST REDUCTION Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat. 1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119 Stat. 2649, provided that: ‘‘Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act [see Short Title of 2000 Amendment note above].’’ STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEMENT Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat. 1575, required the Director of the Federal Emergency Management Agency to conduct a study of participa- tion by Indian tribes in emergency management and submit a report no later than 1 year after Oct. 30, 2000. NATIONAL DROUGHT POLICY Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat. 1170, known as the ‘‘National Drought Policy Act of 1998’’, established the National Drought Policy Com- mission to study and submit a report on national drought policy and terminated the Commission 90 days after the submission of the report. RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELA- TIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat. 4710, provided that not later than 1 year after Nov. 23, 1988, the President was to recommend to the Congress proposals to improve the operational and fiscal

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

42 U.S.C. § 5123 — References

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 is deemed to refer also to Indian tribal governments and officials, as appropriate.

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

42 U.S.C. § 5170 — Procedure for declaration

**(a) In general** All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists. **(b) Indian tribal government requests** (1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a). (2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a

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

42 U.S.C. § 5170 — Procedure for declaration

Page 6389 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170 (2) Acquisition and maintenance of equip- ment, including interoperable communica- tions and personal protective equipment. (3) Medical monitoring required for re- sponder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Adminis- trator. (m) Response cooperative agreements The Administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Admin- istrator 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 after December 16, 2016, the Administrator shall submit to the ap- propriate congressional committees (as defined in section 101 of title 6) a report on the develop- ment of a plan, including implementation steps and timeframes, to finance, maintain, and re- place System equipment. (p) Federal employees Nothing in this section shall be construed to mean that a task force may not include Federal employees. In the case of a Federal employee de- tailed to a task force, the sponsoring agency shall enter into an agreement with the relevant employing Federal agency. (Pub. L. 93–288, title III, § 327, as added Pub. L. 114–326, § 2(a), Dec. 16, 2016, 130 Stat. 1968; amend- ed Pub. L. 116–48, § 1, Aug. 22, 2019, 133 Stat. 1071.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f)(3), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,

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

42 U.S.C. § 5191 — Procedure for declaration

**(a) Request and declaration** All requests for a declaration by the President that an 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 chapter, 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 President may exercise any authority vested in him by [section 5192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5192&num=0&edition=prelim) or [section 5193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5193&num=0&edition=prelim) 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 determina

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

42 U.S.C. § 5191 — Procedure for declaration

Page 6426 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5191 (C) The total amount of contracts awarded with no competitive bidding. (D) The damage category codes, if applica- ble, for contracts awarded without competi- tive 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 main- tain an effort to collect and store information, prior to the project closeout phase on any con- tract entered into by a public assistance re- cipient 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 con- tract; and (G) whether the contract was awarded through a competitive bidding process. (2) Availability of information collected The Administrator of the Federal Emer- gency Management Agency shall make the in- formation collected and stored under para- graph (1) available to the Inspector General of the Department of Homeland Security, the Government Accountability Office, and appro- priate 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

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