42 U.S.C. § 5133 — Predisaster hazard mitigation

Page 6361 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5133 tion with the National Weather Service of the National Oceanic and Atmospheric Administration, shall— ‘‘(1) conduct a study of, develop recommendations for, and initiate a process for the use of forecasts and data, including information that supports the Red Flag Warnings of the National Oceanic and Atmos- pheric Administration and similar weather alert and notification methods, to establish— ‘‘(A) plans and actions, consistent with law, that can be implemented prior to a wildfire event, in- cluding pre-impact disaster declarations and surge operations, that can limit the impact, duration, or severity of the fire; and ‘‘(B) mechanisms to increase interagency collabo- ration to expedite the delivery of disaster assist- ance; and ‘‘(2) submit to the appropriate committees of Con- gress a comprehensive report regarding the study de- scribed in paragraph (1), including any recommenda- tions of the Administrator, and the activities of the Administrator to carry out paragraph (1).’’ § 5132. Disaster warnings (a) Readiness of Federal agencies to issue warn- ings to State and local officials 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 gov- ernments for effective warnings The 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 disaster The President is authorized to utilize or to make available to Federal, State, and local agencies the facilities of the civil defense com- munications system established and maintained pursuant to section 5196(c) of this title 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 communica- tions systems for use of facilities The 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 re- imbursable or nonreimbursable basis for the purpose of providing warning to governmental authorities and the civilian population endan- gered by disasters. (Pub. L. 93–288, title II, § 202, May 22, 1974, 88 Stat. 145; Pub. L. 103–337, div. C, title XXXIV, § 3412(b)(1), Oct. 5, 1994, 108 Stat. 3111.) Editorial Notes AMENDMENTS 1994—Subsec. (c). Pub. L. 103–337 substituted ‘‘section 5196(c) of this title’’ for ‘‘section 2281(c) of title 50, Ap- pendix,’’. § 5133. Predisaster hazard mitigation (a) Definition of small impoverished community In this section, the term ‘‘small impoverished community’’ means a community of 3,000 or fewer individuals that is economically disadvan- taged, as determined by the State in which the community is located and based on criteria es- tablished by the President. (b) Establishment of program The President may establish a program to pro- vide technical and financial assistance to States and local governments to assist in the imple- mentation of predisaster hazard mitigation measures that are cost-effective and are de- signed to reduce injuries, loss of life, and dam- age and destruction of property, including dam- age 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 government has identified natural disaster hazards in areas under its jurisdiction and has demonstrated the ability to form effective pub- lic-private natural disaster hazard mitigation partnerships, the President, using amounts in the National Public Infrastructure Predisaster Mitigation Fund established under subsection (i) (referred to in this section as the ‘‘Fund’’), may provide technical and financial assistance to the State or local government to be used in accord- ance with subsection (e). (d) State recommendations (1) In general (A) Recommendations The Governor of each State may rec- ommend to the President not fewer than five local governments to receive assistance under this section. (B) Deadline for submission The recommendations under subparagraph (A) 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 sub- paragraph (A), a Governor shall consider the criteria specified in subsection (g). (2) Use (A) In general Except as provided in subparagraph (B), in providing assistance 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 govern- ments under this section, the President may select a local government that has not been recommended by a Governor under this sub- section if the President determines that ex- traordinary circumstances justify the selec- tion and that making the selection will fur- ther the purpose of this section. (3) Effect of failure to nominate If a Governor of a State fails to submit rec- ommendations under this subsection in a timely manner, the President may select, sub- ject to the criteria specified in subsection (g), Page 6362 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5133 any local governments of the State to receive assistance under this section. (e) Uses of technical and financial assistance (1) In general Technical and financial assistance provided under this section— (A) shall be used by States and local gov- ernments principally to implement predisaster hazard mitigation measures that are cost-effective and are described in pro- posals approved by the President under this section; and (B) may be used— (i) to support effective public-private natural disaster hazard mitigation part- nerships; (ii) to improve the assessment of a com- munity’s vulnerability to natural hazards; (iii) to establish hazard mitigation prior- ities, and an appropriate hazard mitiga- tion plan, for a community; or (iv) to establish and carry out enforce- ment activities and implement the latest published editions of relevant consensus- based codes, specifications, and standards that incorporate the latest hazard-resist- ant designs and establish minimum ac- ceptable criteria for the design, construc- tion, and maintenance of residential struc- tures and facilities that may be eligible for assistance under this chapter for the pur- pose 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 of the financial assist- ance received by the State or local govern- ment under this section for a fiscal year to fund activities to disseminate information re- garding cost-effective mitigation technologies. (f) Allocation of funds (1) In general The President shall award financial assist- ance under this section on a competitive basis for mitigation activities that are cost effec- tive and in accordance with the criteria in subsection (g). (2) Minimum and maximum amounts In providing financial assistance under this 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 of— (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 appro- priated to carry out this section for the fis- cal year. (3) Redistribution of unobligated amounts The President may— (A) withdraw amounts of financial assist- ance made available to a State (including amounts made available to local govern- ments 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 para- graph (1). (g) Criteria for assistance awards In determining whether to provide technical and financial assistance to a State or local gov- ernment 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 gov- ernment located partially or entirely within the boundaries of such States, and take into ac- count— (1) the extent and nature of the hazards to be mitigated; (2) the degree of commitment of the State or local government to reduce damages from fu- ture 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 mitiga- tion measures to be carried out using the tech- nical and financial assistance contribute to the mitigation goals and priorities established by the State; (5) the extent to which the technical and fi- nancial assistance is consistent with other as- sistance provided under this chapter; (6) the extent to which prioritized, cost-ef- fective mitigation activities that produce meaningful and definable outcomes are clearly identified; (7) if the State or local government has sub- mitted a mitigation plan under section 5165 of this title, 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, In- dian tribal, or territorial government has fa- cilitated the adoption and enforcement of the latest published editions of relevant con- sensus-based codes, specifications, and stand- ards, including amendments made by State, local, Indian tribal, or territorial governments during the adoption process that incorporate the latest hazard-resistant designs and estab- lish criteria for the design, construction, and maintenance of residential structures and fa- cilities that may be eligible for assistance under this chapter for the purpose of pro- tecting 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 resil- iency; and Page 6363 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5133 (12) such other criteria as the President es- tablishes in consultation with State and local governments. (h) Federal share (1) In general Financial assistance provided under this sec- tion may contribute up to 75 percent of the total cost of mitigation activities approved by the President. (2) Small impoverished communities Notwithstanding paragraph (1), the Presi- dent 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 assistance (1) In general The President may set aside from the Dis- aster Relief Fund, with 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 5170b, 5172, 5173, 5174, 5177, 5183, and 5189f of this title 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 disas- ters under this chapter. (2) Estimated aggregate amount Not later than 180 days after each major dis- aster declaration pursuant to this chapter, the estimated aggregate amount of grants for pur- poses 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 (1) shall not reduce the amounts otherwise made available for sections 5170b, 5170c, 5172, 5173, 5174, 5177, 5183, and 5189f of this title under this chapter. (j) Multihazard advisory maps (1) Definition of multihazard advisory map In this subsection, the term ‘‘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 govern- ments, and appropriate Federal agencies, the President shall develop multihazard advisory maps for areas, in not fewer than five States, that are subject to commonly recurring nat- ural hazards (including flooding, hurricanes and severe winds, and seismic events). (3) Use of technology In developing multihazard advisory maps under this subsection, the President shall use, to the maximum extent practicable, the most cost-effective and efficient technology avail- able. (4) Use of maps (A) Advisory nature The multihazard advisory maps shall be considered to be advisory and shall not re- quire the development of any new policy by, or impose any new policy on, any govern- ment or private entity. (B) Availability of maps The multihazard advisory maps shall be made 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); and (iii) other public uses. (k) Report on Federal and State administration Not later than 18 months after October 30, 2000, the President, in consultation with State and local governments, shall submit to Congress a report evaluating efforts to implement this section and recommending a process for trans- ferring greater authority and responsibility for administering the assistance program estab- lished under this section to capable States. (l) Prohibition on earmarks (1) Definition In this subsection, the term ‘‘congression- ally directed spending’’ means a statutory pro- vision or report language included primarily at the request of a Senator or a Member, Dele- gate or Resident Commissioner of the House of Representatives providing, authorizing, or rec- ommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other ex- penditure with or to an entity, or targeted to a specific State, locality, or Congressional dis- trict, other than through a statutory or ad- ministrative 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 the Federal Emer- gency Management Agency shall submit to Congress a certification regarding whether all financial assistance under this section was awarded in accordance with this section. (Pub. L. 93–288, title II, § 203, as added Pub. L. 106–390, title I, § 102(a), Oct. 30, 2000, 114 Stat. 1553; amended Pub. L. 108–199, div. H, § 135, Jan. 23, 2004, 118 Stat. 441; Pub. L. 108–447, div. J, title I, § 105, Dec. 8, 2004, 118 Stat. 3343; Pub. L. 109–139, § 2, Dec. 22, 2005, 119 Stat. 2649; Pub. L. 110–329, div. D, title V, § 553, Sept. 30, 2008, 122 Stat. 3690; Pub. L. 111–83, title V, § 543, Oct. 28, 2009, 123 Stat. 2176; Pub. L. 111–351, §§ 3(a), (b), 4, Jan. 4, 2011, 124 Stat. 3864; Pub. L. 115–254, div. D, § 1234(a), (d), Oct. 5, 2018, 132 Stat. 3461, 3463.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (e)(1)(B)(iv), (g)(5), (10), and (i), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For Page 6364 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5133 complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–254, § 1234(a)(1), inserted ‘‘Public Infrastructure’’ after ‘‘National’’. Subsec. (e)(1)(B)(iv). Pub. L. 115–254, § 1234(a)(2), added cl. (iv). Subsec. (f)(1). Pub. L. 115–254, § 1234(a)(3)(A), inserted ‘‘for mitigation activities that are cost effective’’ after ‘‘competitive basis’’. Subsec. (f)(3). Pub. L. 115–254, § 1234(a)(3)(B), added par. (3). Subsec. (g). Pub. L. 115–254, § 1234(a)(4)(A), in intro- ductory provisions, inserted ‘‘provide financial assist- ance 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’’ after ‘‘the Presi- dent shall’’. Subsec. (g)(10) to (12). Pub. L. 115–254, § 1234(a)(4)(B)–(D), added pars. (10) and (11) and redesig- nated former par. (10) as (12). Subsec. (i). Pub. L. 115–254, § 1234(a)(5), added subsec. (i) and struck out former subsec. (i) which related to National Predisaster Mitigation Fund. Subsecs. (j) to (l). Pub. L. 115–254, § 1234(a)(6), (7), re- designated subsecs. (k), (l), and (n) as (j), (k), and (l), re- spectively, and struck out former subsec. (j) which re- lated to limitation on total amount of financial assist- ance. Subsec. (m). Pub. L. 115–254, § 1234(d), struck out sub- sec. (m) which defined the term ‘‘latest published edi- tions’’ for subsecs. (e)(1)(B)(iv) and (g)(10). Pub. L. 115–254, § 1234(a)(6), (8), added subsec. (m) and struck out former subsec. (m) which related to author- ization of appropriations. Subsec. (n). Pub. L. 115–254, § 1234(a)(7), redesignated subsec. (n) as (l). 2011—Subsec. (f). Pub. L. 111–351, § 3(a), amended sub- sec. (f) generally. Prior to amendment, subsec. (f) re- lated to a different allocation of funds. Subsec. (m). Pub. L. 111–351, § 3(b), amended subsec. (m) generally. Prior to amendment, subsec. (m) related to the termination of this section on Sept. 30, 2010. Subsec. (n). Pub. L. 111–351, § 4, added subsec. (n). 2009—Subsec. (m). Pub. L. 111–83 substituted ‘‘Sep- tember 30, 2010’’ for ‘‘September 30, 2009’’. 2008—Subsec. (m). Pub. L. 110–329 substituted ‘‘Sep- tember 30, 2009’’ for ‘‘September 30, 2008’’. 2005—Subsec. (m). Pub. L. 109–139 substituted ‘‘Sep- tember 30, 2008’’ for ‘‘December 31, 2005’’. 2004—Subsec. (m). Pub. L. 108–447 substituted ‘‘2005’’ for ‘‘2004’’. Pub. L. 108–199 substituted ‘‘2004’’ for ‘‘2003’’. 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. Pub. L. 115–254, div. D, § 1234(b), Oct. 5, 2018, 132 Stat. 3462, provided that: ‘‘The amendments made to section 203 of the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) of subsection (a) shall apply to funds appro- priated on or after the date of enactment of this Act [Oct. 5, 2018].’’ Pub. L. 115–254, div. D, § 1234(d), Oct. 5, 2018, 132 Stat. 3463, provided that the amendment made by section 1234(d) is effective on the date that is 5 years after Oct. 5, 2018. FINDINGS Pub. L. 111–351, § 2, Jan. 4, 2011, 124 Stat. 3863, provided that: ‘‘Congress finds the following: ‘‘(1) The predisaster hazard mitigation program has been successful and cost-effective. Funding from the predisaster hazard mitigation program has success- fully reduced loss of life, personal injuries, damage to and destruction of property, and disruption of com- munities from disasters. ‘‘(2) The predisaster hazard mitigation program has saved Federal taxpayers from spending significant sums on disaster recovery and relief that would have been otherwise incurred had communities not suc- cessfully applied mitigation techniques. ‘‘(3) A 2007 Congressional Budget Office report found that the predisaster hazard mitigation program re- duced losses by roughly $3 (measured in 2007 dollars) for each dollar invested in mitigation efforts funded under the predisaster hazard mitigation program. Moreover, the Congressional Budget Office found that projects funded under the predisaster hazard mitiga- tion program could lower the need for post-disaster assistance from the Federal Government so that the predisaster hazard mitigation investment by the Fed- eral Government would actually save taxpayer funds. ‘‘(4) A 2005 report by the Multihazard Mitigation Council showed substantial benefits and cost savings from the hazard mitigation programs of the Federal Emergency Management Agency generally. Looking at a range of hazard mitigation programs of the Fed- eral Emergency Management Agency, the study found that, on average, $1 invested by the Federal Emergency Management Agency in hazard mitiga- tion provided the Nation with roughly $4 in benefits. Moreover, the report projected that the mitigation grants awarded between 1993 and 2003 would save more than 220 lives and prevent nearly 4,700 injuries over approximately 50 years. ‘‘(5) Given the substantial savings generated from the predisaster hazard mitigation program in the years following the provision of assistance under the program, increasing funds appropriated for the pro- gram would be a wise investment.’’ FINDINGS AND PURPOSE Pub. L. 106–390, title I, § 101, Oct. 30, 2000, 114 Stat. 1552, provided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) natural disasters, including earthquakes, tsunamis, tornadoes, hurricanes, flooding, and wildfires, pose great danger to human life and to property throughout the United States; ‘‘(2) greater emphasis needs to be placed on— ‘‘(A) identifying and assessing the risks to States and local governments (including Indian tribes) from natural disasters; ‘‘(B) implementing adequate measures to reduce losses from natural disasters; and ‘‘(C) ensuring that the critical services and facili- ties of communities will continue to function after a natural disaster; ‘‘(3) expenditures for postdisaster assistance are in- creasing without commensurate reductions in the likelihood of future losses from natural disasters; ‘‘(4) in the expenditure of Federal funds under the Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5121 et seq.), high priority should be given to mitigation of hazards at the local level; and ‘‘(5) with a unified effort of economic incentives, awareness and education, technical assistance, and demonstrated Federal support, States and local gov- ernments (including Indian tribes) will be able to— ‘‘(A) form effective community-based partner- ships for hazard mitigation purposes; ‘‘(B) implement effective hazard mitigation meas- ures that reduce the potential damage from natural disasters; ‘‘(C) ensure continued functionality of critical services; Page 6365 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5135 ‘‘(D) leverage additional non-Federal resources in meeting natural disaster resistance goals; and ‘‘(E) make commitments to long-term hazard mitigation efforts to be applied to new and existing structures. ‘‘(b) PURPOSE.—The purpose of this title [enacting this section and sections 5134, 5165 and 5165a of this title, amending section 5170c of this title, and repealing section 5176 of this title] is to establish a national dis- aster hazard mitigation program— ‘‘(1) to reduce the loss of life and property, human suffering, economic disruption, and disaster assist- ance costs resulting from natural disasters; and ‘‘(2) to provide a source of predisaster hazard miti- gation funding that will assist States and local gov- ernments (including Indian tribes) in implementing effective hazard mitigation measures that are de- signed to ensure the continued functionality of crit- ical services and facilities after a natural disaster.’’ DEFINITIONS; RED FLAG WARNINGS AND PREDISASTER ACTIONS Pub. L. 117–251, §§ 2, 4, Dec. 20, 2022, 136 Stat. 2354, 2356, provided that: ‘‘SEC. 2. DEFINITIONS.—In this Act [see section 1 of Pub. L. 117–251, set out as a Short Title of 2022 Amend- ment note 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 AC- TIONS.—Not later than 1 year after the date of enact- ment of this Act [Dec. 20, 2022], the Administrator, in coordination with the National Weather Service of the National Oceanic and Atmospheric Administration, shall— ‘‘(1) conduct a study of, develop recommendations for, and initiate a process for the use of forecasts and data, including information that supports the Red Flag Warnings of the National Oceanic and Atmos- pheric Administration and similar weather alert and notification methods, to establish— ‘‘(A) plans and actions, consistent with law, that can be implemented prior to a wildfire event, in- cluding pre-impact disaster declarations and surge operations, that can limit the impact, duration, or severity of the fire; and ‘‘(B) mechanisms to increase interagency collabo- ration to expedite the delivery of disaster assist- ance; and ‘‘(2) submit to the appropriate committees of Con- gress a comprehensive report regarding the study de- scribed in paragraph (1), including any recommenda- tions of the Administrator, and the activities of the Administrator to carry out paragraph (1).’’ § 5134. Interagency task force (a) In general The President shall establish a Federal inter- agency task force for the purpose of coordi- nating the implementation of predisaster hazard mitigation programs administered by the Fed- eral Government. (b) Chairperson The Administrator of the Federal Emergency Management Agency shall serve as the chair- person of the task force. (c) Membership The membership of the task force shall in- clude representatives of— (1) relevant Federal agencies; (2) State and local government organizations (including Indian tribes); and (3) the American Red Cross. (Pub. L. 93–288, title II, § 204, as added Pub. L. 106–390, title I, § 103, Oct. 30, 2000, 114 Stat. 1557; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.) Editorial Notes AMENDMENTS 2011—Subsec. (b). Pub. L. 111–351 substituted ‘‘Admin- istrator’’ for ‘‘Director’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 5135. Grants to entities for establishment of hazard mitigation revolving loan funds (a) General authority (1) In general The Administrator may enter into agree- ments with eligible entities to make capital- ization grants to such entities for the estab- lishment 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 de- crease— (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 sec- tion shall require the participating entity to—