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42 U.S.C. § 5122 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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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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 rela-
tionships that exist among Federal, State, and local
major disaster and emergency management officials,
including provisions which would decrease the amount
of time for processing requests for major disaster and
emergency declarations and providing Federal assist-
ance for major disasters and emergencies, provide for
more effective utilization of State and local resources
in relief efforts, and improve the timeliness of reim-
bursement.
DECLARED DISASTERS AND EMERGENCIES NOT AFFECTED
Pub. L. 100–707, title I, § 112, Nov. 23, 1988, 102 Stat.
4711, provided that: ‘‘This title [see Short Title of 1988
Amendment note above] shall not affect the adminis-
tration of any assistance for a major disaster or emer-
gency declared by the President before the date of the
enactment of this Act [Nov. 23, 1988].’’
Executive Documents
DELEGATION OF FUNCTIONS
Functions of the President under the Disaster Relief
Acts of 1970 and 1974, with certain exceptions, were del-
egated to the Secretary of Homeland Security, see sec-
tions 4–201 and 4–203 of Ex. Ord. No. 12148, July 20, 1979,
44 F.R. 43239, as amended, set out as a note under sec-
tion 5195 of this title.
EXECUTIVE ORDER NO. 11749
Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which
related to consolidation of functions assigned to Sec-
retary of Housing and Urban Development, was revoked
by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out
as a note under section 5195 of this title.
EX. ORD. NO. 11795. DELEGATION OF PRESIDENTIAL
FUNCTIONS
Ex. Ord. No. 11795, July 11, 1974, 39 F.R. 25939, as
amended by Ex. Ord. No. 11910, Apr. 13, 1976, 41 F.R.
15681; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex.
Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided:
By virtue of the authority vested in me by the Dis-
aster Relief Act of 1974 (Public Law 93–288; 88 Stat. 143)
[see References to Disaster Relief Act of 1974 note
above], section 301 of title 3 of the United States Code,
and as President of the United States of America, it is
hereby ordered as follows:
[SECTIONS 1 and 2. Revoked by Ex. Ord. No. 12148,
§ 5–111, July 20, 1979, 44 F.R. 43239.]
SEC. 3. The Secretary of Agriculture is designated
and empowered to exercise, without the approval, rati-
fication, or other action of the President, all of the au-
thority vested in the President by section 412 of the act
[section 5179 of this title] concerning food coupons and
distribution.
[SEC. 4. Revoked by Ex. Ord. No. 12148, § 5–111, July 20,
1979, 44 F.R. 43239.]
[References to a ‘‘coupon’’ provided under the Food
and Nutrition Act of 2008 considered to refer to a ‘‘ben-
efit’’ under that Act, see section 4115(d) of Pub. L.
110–246, set out as a note under section 2012 of Title 7,
Agriculture.]
SEISMIC SAFETY OF FEDERAL AND FEDERALLY ASSISTED
OR REGULATED NEW BUILDING CONSTRUCTION
For provisions relating to seismic safety require-
ments for new construction or total replacement of a
building under this chapter after a presidentially de-
clared major disaster or emergency, see Ex. Ord. No.
13717, Feb. 2, 2016, 81 F.R. 6407, set out as a note under
section 7704 of this title.
§ 5122. Definitions
As used in this chapter—
(1) EMERGENCY.—‘‘Emergency’’ means any oc-
casion or instance for which, in the determina-
tion of the President, Federal assistance is need-
ed to supplement State and local efforts and ca-
pabilities 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 hurri-
cane, tornado, storm, high water, winddriven
water, tidal wave, tsunami, earthquake, vol-
canic 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 Presi-
dent 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 govern-
ments, and disaster relief organizations in alle-
viating the damage, loss, hardship, or suffering
caused thereby.
(3) ‘‘United States’’ means the fifty States, the
District of Columbia, Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, and the Com-
monwealth 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 Is-
lands.
(5) ‘‘Governor’’ means the chief executive of
any State.
(6) INDIAN TRIBAL GOVERNMENT.—The term ‘‘In-
dian 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
Page 6358
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5122
1 See References in Text note below.
as an Indian tribe under the Federally Recog-
nized Indian Tribe List Act of 1994 (25 U.S.C. 479a
et seq.).1
(7) INDIVIDUAL WITH A DISABILITY.—The term
‘‘individual with a disability’’ means an indi-
vidual with a disability as defined in section
12102(2) of this title.
(8) LOCAL GOVERNMENT.—The term ‘‘local gov-
ernment’’ means—
(A) a county, municipality, city, town, town-
ship, local public authority, school district,
special district, intrastate district, council of
governments (regardless of whether the coun-
cil of governments is incorporated as a non-
profit corporation under State law), regional
or interstate government entity, or agency or
instrumentality of a local government;
(B) an Indian tribe or authorized tribal orga-
nization, or Alaska Native village or organiza-
tion, 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 establishment, Government cor-
poration, 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.
(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 FACILITY.—
(A) IN
GENERAL.—The term ‘‘private non-
profit facility’’ means private nonprofit edu-
cational (without regard to the religious char-
acter of the facility), center-based 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 described in subparagraph (A),
the term ‘‘private nonprofit facility’’ includes
any private nonprofit facility that provides es-
sential social services to the general public
(including museums, zoos, performing arts fa-
cilities, community arts centers, community
centers, libraries, homeless shelters, senior
citizen centers, rehabilitation facilities, shel-
ter workshops, food banks, broadcasting facili-
ties, houses of worship, and facilities that pro-
vide health and safety services of a govern-
mental nature), as defined by the President.
No house of worship may be excluded from
this definition because leadership or member-
ship in the organization operating the house of
worship is limited to persons who share a reli-
gious faith or practice.
(12) CHIEF EXECUTIVE.—The term ‘‘Chief Execu-
tive’’ means the person who is the Chief, Chair-
man, Governor, President, or similar executive
official of an Indian tribal government.
(Pub. L. 93–288, title I, § 102, May 22, 1974, 88 Stat.
144; Pub. L. 100–707, title I, § 103(b)–(d), (f), Nov.
23, 1988, 102 Stat. 4689, 4690; Pub. L. 102–247, title
II, § 205, Feb. 24, 1992, 106 Stat. 38; Pub. L. 106–390,
title III, § 302, Oct. 30, 2000, 114 Stat. 1572; Pub. L.
109–295, title VI, § 688, Oct. 4, 2006, 120 Stat. 1448;
Pub. L. 113–2, div. B, § 1110(c), Jan. 29, 2013, 127
Stat. 49; Pub. L. 114–111, § 2(a), Dec. 18, 2015, 129
Stat. 2240; Pub. L. 115–123, div. B, title VI,
§ 20604(a), Feb. 9, 2018, 132 Stat. 85; Pub. L.
115–254, div. D, §§ 1214, 1238(b), Oct. 5, 2018, 132
Stat. 3449, 3466.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in introductory provisions
and par. (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 section 5121 of this title and Tables.
The Federally Recognized Indian Tribe List Act of
1994, referred to in par. (6), is title I of Pub. L. 103–454,
Nov. 2, 1994, 108 Stat. 4791, which was classified prin-
cipally to section 479a et seq. of Title 25, Indians, prior
to editorial reclassification as section 5130 et seq. of
Title 25. For complete classification of this Act to the
Code, see Short Title note set out under section 5101 of
Title 25 and Tables.
AMENDMENTS
2018—Par. (11). Pub. L. 115–123 amended subpar. (B)
generally by substituting a second subpar. (A) and a
subpar. (B) for former subpar. (B). Prior to amendment,
subpar. (B) read as follows: ‘‘In addition to the facili-
ties described in subparagraph (A), the term ‘private
nonprofit facility’ includes any private nonprofit facil-
ity that provides essential services of a governmental
nature to the general public (including museums, zoos,
performing arts facilities, community arts centers, li-
braries, homeless shelters, senior citizen centers, reha-
bilitation facilities, shelter workshops, broadcasting
facilities, and facilities that provide health and safety
services of a governmental nature), as defined by the
President.’’
Par. (11)(A). Pub. L. 115–254, § 1238(b)(2), struck out
first subpar. (A) which read as follows: ‘‘The term ‘pri-
vate nonprofit facility’ means private nonprofit edu-
cational,
utility,
irrigation,
emergency,
medical,
rehabilitational, and temporary or permanent custo-
dial care facilities (including those for the aged and
disabled) and facilities on Indian reservations, as de-
fined by the President.’’
Pub. L. 115–254, § 1238(b)(1), inserted ‘‘center-based
childcare,’’ after ‘‘facility),’’ in second subpar. (A) as
added by Pub. L. 115–123.
Par. (11)(B). Pub. L. 115–254, § 1214, inserted ‘‘food
banks,’’ after ‘‘shelter workshops,’’.
2015—Par. (11)(B). Pub. L. 114–111 inserted ‘‘broad-
casting facilities,’’ after ‘‘workshops,’’.
2013—Par. (6). Pub. L. 113–2, § 1110(c)(3), added par. (6).
Former par. (6) redesignated (7).
Par. (7). Pub. L. 113–2, § 1110(c)(2), redesignated par. (6)
as (7). Former par. (7) redesignated (8).
Par. (7)(B). Pub. L. 113–2, § 1110(c)(1), substituted
‘‘, that is not an Indian tribal government as defined in
paragraph (6); and’’ for ‘‘; and’’.
Pars. (8) to (11). Pub. L. 113–2, § 1110(c)(2), redesignated
pars. (7) to (10) as (8) to (11), respectively.
Page 6359
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5122
Par. (12). Pub. L. 113–2, § 1110(c)(4), added par. (12).
2006—Pars. (6) to (8). Pub. L. 109–295, § 688(2), added
par. (6) and redesignated former pars. (6) and (7) as (7)
and (8), respectively. Former par. (8) redesignated (9).
Par. (9). Pub. L. 109–295, § 688(2), redesignated par. (8)
as (9). Former par. (9) redesignated (10).
Pub. L. 109–295, § 688(1), amended par. (9) generally.
Prior to amendment, text read as follows: ‘‘ ‘Private
nonprofit facility’ means private nonprofit educational,
utility,
irrigation,
emergency,
medical,
rehabilitational, and temporary or permanent custo-
dial care facilities (including those for the aged and
disabled), other private nonprofit facilities which pro-
vide essential services of a governmental nature to the
general public, and facilities on Indian reservations as
defined by the President.’’
Par. (10). Pub. L. 109–295, § 688(2), redesignated par. (9)
as (10).
2000—Par. (3). Pub. L. 106–390, § 302(1), substituted
‘‘and the Commonwealth of the Northern Mariana Is-
lands’’ for ‘‘the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands’’.
Par. (4). Pub. L. 106–390, § 302(1), substituted ‘‘and the
Commonwealth of the Northern Mariana Islands’’ for
‘‘the Northern Mariana Islands, or the Trust Territory
of the Pacific Islands’’.
Par. (6). Pub. L. 106–390, § 302(2), added par. (6) and
struck out former par. (6) which read as follows:
‘‘ ‘Local government’ means (A) any county, city, vil-
lage, town, district, or other political subdivision of
any State, any Indian tribe or authorized tribal organi-
zation, or Alaska Native village or organization, and
(B) includes any rural community or unincorporated
town or village or any other public entity for which an
application for assistance is made by a State or polit-
ical subdivision thereof.’’
Par. (9). Pub. L. 106–390, § 302(3), inserted ‘‘irrigation,’’
after ‘‘utility,’’.
1992—Pars. (3), (4). Pub. L. 102–247 inserted ‘‘the
Northern Mariana Islands,’’ after ‘‘American Samoa,’’.
1988—Par. (1). Pub. L. 100–707, § 103(b), inserted head-
ing and amended text generally. Prior to amendment,
text read as follows: ‘‘ ‘Emergency’ means any hurri-
cane, tornado, storm, flood, high water, wind-driven
water, tidal wave, tsunami, earthquake, volcanic erup-
tion, landslide, mudslide, snowstorm, drought, fire, ex-
plosion, or other catastrophe in any part of the United
States which requires Federal emergency assistance to
supplement State and local efforts to save lives and
protect property, public health and safety or to avert
or lessen the threat of a disaster.’’
Par. (2). Pub. L. 100–707, § 103(c), inserted heading and
amended text generally. Prior to amendment, text read
as follows: ‘‘ ‘Major disaster’ means any hurricane, tor-
nado, storm, flood, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, land-
slide, mudslide, snowstorm, drought, fire, explosion, or
other catastrophe 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, above and
beyond emergency services by the Federal Government,
to supplement the efforts and available resources of
States, local governments, and disaster relief organiza-
tions in alleviating the damage, loss, hardship, or suf-
fering caused thereby.’’
Pars. (3), (4). Pub. L. 100–707, § 103(d), struck out ‘‘the
Canal Zone,’’ after ‘‘American Samoa,’’.
Pars. (8), (9). Pub. L. 100–707, § 103(f), added pars. (8)
and (9).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Pub. L. 115–254, div. D, § 1238(c), Oct. 5, 2018, 132 Stat.
3466, provided that: ‘‘The amendment made by sub-
section (b)(1) [amending this section] shall apply to any
major disaster or emergency declared by the President
under section 401 or 501, respectively, of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170, 5191) on or after the date of enactment
of this Act [Oct. 5, 2018].’’
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. 115–123, div. B, title VI, § 20604(c), Feb. 9, 2018,
132 Stat. 86, provided that: ‘‘This section [amending
this section and section 5172 of this title] and the
amendments made by this section shall apply—
‘‘(1) to the provision of assistance in response to a
major disaster or emergency declared on or after Au-
gust 23, 2017; or
‘‘(2) with respect to—
‘‘(A) any application for assistance that, as of the
date of enactment of this Act [Feb. 9, 2018], is pend-
ing before Federal Emergency Management Agen-
cy; and
‘‘(B) any application for assistance that has been
denied, where a challenge to that denial is not yet
finally resolved as of the date of enactment of this
Act.’’
REGULATIONS
Pub. L. 113–2, div. B, § 1110(e), Jan. 29, 2013, 127 Stat.
49, provided that:
‘‘(1) ISSUANCE.—The President shall issue regulations
to carry out the amendments made by this section [en-
acting section 5123 of this title and amending this sec-
tion and sections 5170 and 5191 of this title].
‘‘(2) FACTORS.—In issuing the regulations, the Presi-
dent shall consider the unique conditions that affect
the general welfare of Indian tribal governments.’’
LOCAL GOVERNMENT
Pub. L. 100–707, title I, § 103(e), Nov. 23, 1988, 102 Stat.
4690, provided that:
‘‘(1) IN
GENERAL.—The term ‘local government’ is
deemed to have the same meaning in the Disaster Re-
lief and Emergency Assistance Act [Pub. L. 93–288, see
Short Title note set out under section 5121 of this
title], as amended by this Act [see Short Title of 1988
Amendment note set out under section 5121 of this
title], as that term had on October 1, 1988, under sec-
tion 102(6) of the Disaster Relief Act of 1974 [par. (6) of
this section] and regulations implementing the Dis-
aster Relief Act of 1974.
‘‘(2) TERMINATION OF EFFECTIVENESS.—Paragraph (1)
shall not be effective on and after the 90th day after the
President transmits to the Committee on Public Works
and Transportation of the House of Representatives
and to the Committee on Environment and Public
Works of the Senate a report which includes an inter-
pretation of the term ‘local government’ for purposes of
the Disaster Relief and Emergency Assistance Act, as
amended by this Act.’’
[Functions of President under section 103(e)(2) of Pub.
L. 100–707 delegated to Administrator of Federal Emer-
gency Management Agency by section 3 of Ex. Ord. No.
12673, Mar. 23, 1989, 54 F.R. 12571, set out as a note under
section 5195 of this title.]
DEFINITIONS
Pub. L. 115–254, div. D, § 1203, Oct. 5, 2018, 132 Stat.
3438, provided that: ‘‘In this division [see Short Title of
2018 Amendment note set out under section 5121 of this
title]:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Federal Emergency
Management Agency.
‘‘(2) AGENCY.—The term ‘Agency’ means the Federal
Emergency Management Agency.
‘‘(3) STATE.—The term ‘State’ has the meaning
given that term in section 102 of the Robert T. Staf-
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-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 479a was editorially reclassified as [section 5130 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5130&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 479a
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 479a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 148
TITLE 25—INDIANS
§ 478–1
§ 478–1. Transferred
Editorial Notes
CODIFICATION
Section 478–1 was editorially reclassified as section
5126 of this title.
§ 478a. Transferred
Editorial Notes
CODIFICATION
Section 478a was editorially reclassified as section
5127 of this title.
§ 478b. Transferred
Editorial Notes
CODIFICATION
Section 478b was editorially reclassified as section
5128 of this title.
§ 479. Transferred
Editorial Notes
CODIFICATION
Section 479 was editorially reclassified as section 5129
of this title.
§ 479a. Transferred
Editorial Notes
CODIFICATION
Section 479a was editorially reclassified as section
5130 of this title.
§ 479a–1. Transferred
Editorial Notes
CODIFICATION
Section 479a–1 was editorially reclassified as section
5131 of this title.
§ 480. Transferred
Editorial Notes
CODIFICATION
Section 480 was editorially reclassified as section 5132
of this title.
§ 481. Omitted
Editorial Notes
CODIFICATION
Section, act July 2, 1942, ch. 473, § 1, 56 Stat. 513,
which related to an allowance to Indians traveling
away from home involved in tribal organization work,
was from the Interior Department Appropriation Act,
1943, and was not repeated in subsequent appropriations
acts.
§ 482. Transferred
Editorial Notes
CODIFICATION
Section 482 was editorially reclassified as section 5133
of this title.
§ 483. Transferred
Editorial Notes
CODIFICATION
Section 483 was editorially reclassified as section 5134
of this title.
§ 483a. Transferred
Editorial Notes
CODIFICATION
Section 483a was editorially reclassified as section
5135 of this title.
§ 484. Omitted
Editorial Notes
CODIFICATION
Section, act July 14, 1954, ch. 472, § 1, 68 Stat. 467,
which related to conversion of exchange assignments of
tribal lands on certain
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 479a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 479a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5122
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 5170. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5170
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5170. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5191
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 5191. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5191
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5191. This identifies an authority to review, not proof of applicability.