Title 42 — The Public Health and Welfare — § 5121. Congressional findings and declarations
Summary
Section 5121 of Title 42 of the U.S. Code opens the Robert T. Stafford Disaster Relief and Emergency Assistance Act, enacted as Pub. L. 93–288 on May 22, 1974. Congress found that disasters often cause loss of life, human suffering, loss of income and property damage, so special measures to help affected States are necessary. The section declares Congress's intent to provide an orderly and continuing means of federal assistance to State and local governments by broadening disaster relief programs and encouraging preparedness plans, insurance coverage and hazard mitigation. A 2022 amendment, Pub. L. 117–255, added a seventh aim: improving the climate and natural hazard resilience of vulnerable communities. The pages, 6354 to 6357, also print part of the chapter's section list, short-title notes for later amendments and the start of § 5122 on definitions.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
§ 5121 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 6354
Sec. Sec.
5165g. National veterinary emergency teams. 5197f. Relation to Atomic Energy Act of 1954.
SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE 5197g. Federal Bureau of Investigation.
PROGRAMS 5197h. Minority emergency preparedness demonstra-
tion program.
5170. Procedure for declaration. SUBCHAPTER V—MISCELLANEOUS
5170a. General Federal assistance.
5170b. Essential assistance. 5201. Rules and regulations.
5170c. Hazard mitigation. 5202. Repealed.
5171. Federal facilities. 5203. Excess disaster assistance payments as budg-
5172. Repair, restoration, and replacement of dam- etary emergency requirements.
aged facilities. 5204. Insular areas disaster survival and recovery;
5173. Debris removal. definitions.
5204a. Authorization of appropriations for insular
5174. Federal assistance to individuals and house-
areas.
holds.
5204b. Technical assistance for insular areas.
5174a. Flexibility. 5204c. Hazard mitigation for insular areas.
5174b. Critical document fee waiver. 5205. Disaster grant closeout procedures.
5175, 5176. Repealed. 5205a. Certain recoupment prohibited.
5177. Unemployment assistance. 5206. Buy American.
5177a. Emergency grants to assist low-income mi- 5207. Firearms policies.
grant and seasonal farmworkers. 5208. Repealed.
5178. Repealed.
5179. Benefits and distribution. SUBCHAPTER I—FINDINGS,
5180. Food commodities. DECLARATIONS, AND DEFINITIONS
5181. Relocation assistance.
5182. Legal services. § 5121. Congressional findings and declarations
5183. Crisis counseling assistance and training.
5184. Community disaster loans.
(a) The Congress hereby finds and declares
5185. Emergency communications. that—
5186. Emergency public transportation. (1) because disasters often cause loss of life,
5187. Fire management assistance. human suffering, loss of income, and property
5188. Timber sale contracts. loss and damage; and
5189. Simplified procedure. (2) because disasters often disrupt the nor-
5189a. Appeals of assistance decisions. mal functioning of governments and commu-
5189b. Date of eligibility; expenses incurred before nities, and adversely affect individuals and
date of disaster.
families with great severity;
5189c. Transportation assistance to individuals and
households. special measures, designed to assist the efforts
5189d. Case management services. of the affected States in expediting the ren-
5189e. Essential service providers. dering of aid, assistance, and emergency serv-
5189f. Public assistance program alternative proce- ices, and the reconstruction and rehabilitation
dures.
5189g. Unified Federal review.
of devastated areas, are necessary.
5189h. Agency accountability. (b) It is the intent of the Congress, by this
chapter, to provide an orderly and continuing
SUBCHAPTER IV–A—EMERGENCY ASSISTANCE
PROGRAMS
means of assistance by the Federal Government
to State and local governments in carrying out
5191. Procedure for declaration. their responsibilities to alleviate the suffering
5192. Federal emergency assistance. and damage which result from such disasters
5193. Amount of assistance.
by—
SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS (1) revising and broadening the scope of ex-
5195. Declaration of policy. isting disaster relief programs;
5195a. Definitions. (2) encouraging the development of com-
5195b. Administration of subchapter. prehensive disaster preparedness and assist-
5195c. Critical infrastructures protection. ance plans, programs, capabilities, and organi-
PART A—POWERS AND DUTIES zations by the States and by local govern-
ments;
5196. Detailed functions of administration.
5196a. Mutual aid pacts between States and neigh-
(3) achieving greater coordination and re-
boring countries. sponsiveness of disaster preparedness and re-
5196b. Contributions for personnel and administra- lief programs;
tive expenses. (4) encouraging individuals, States, and local
5196c. Grants for construction of emergency oper- governments to protect themselves by obtain-
ations centers. ing insurance coverage to supplement or re-
5196d. Use of funds to prepare for and respond to place governmental assistance;
hazards. (5) encouraging hazard mitigation measures
5196e. Radiological Emergency Preparedness Fund.
to reduce losses from disasters, including de-
5196f. Disaster related information services.
5196g. Guidance and training by FEMA on coordina- velopment of land use and construction regu-
tion of emergency response plans. lations;
(6) providing Federal assistance programs
PART B—GENERAL PROVISIONS for both public and private losses sustained in
5197. Administrative authority. disasters; and
5197a. Security regulations. (7) identifying and improving the climate
5197b. Use of existing facilities. and natural hazard resilience of vulnerable
5197c. Annual report to Congress. communities.
5197d. Applicability of subchapter.
5197e. Authorization of appropriations and transfers (Pub. L. 93–288, title I, § 101, May 22, 1974, 88 Stat.
of funds. 143; Pub. L. 100–707, title I, § 103(a), Nov. 23, 1988,
Page 6355 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5121
102 Stat. 4689; Pub. L. 117–255, § 2, Dec. 20, 2022, section 5189 of this title] may be cited as the ‘Small
136 Stat. 2363.) Project Efficient and Effective Disaster Recovery Act’
or the ‘SPEED Recovery Act’.’’
Editorial Notes SHORT TITLE OF 2021 AMENDMENT
REFERENCES IN TEXT Pub. L. 116–284, § 1, Jan. 1, 2021, 134 Stat. 4869, provided
that: ‘‘This Act [enacting section 5135 of this title] may
This chapter, referred to in subsec. (b), was in the
be cited as the ‘Safeguarding Tomorrow through Ongo-
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
ing Risk Mitigation Act’ or the ‘STORM Act’.’’
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out below and SHORT TITLE OF 2018 AMENDMENT
Tables.
Pub. L. 115–254, div. D, § 1201, Oct. 5, 2018, 132 Stat.
AMENDMENTS 3438, provided that: ‘‘This division [div. D (§§ 1201–1246)
of Pub. L. 115–254, enacting sections 5161a, 5165g, 5174a,
2022—Subsec. (b)(7). Pub. L. 117–255 added par. (7). 5174b, 5189h, 5196g, and 5205a of this title, and section
1988—Subsec. (b)(7). Pub. L. 100–707 struck out par. (7) 748a of Title 6, Domestic Security, amending sections
expressing Congressional intent to provide disaster as- 3149, 5122, 5133, 5149, 5152, 5155, 5165, 5165b, 5170a to 5170c,
sistance through a long-range economic recovery pro- 5172, 5174, 5187, 5189a, 5189f, 5205 of this title, and sec-
gram for major disaster areas. tions 761 and 762 of Title 6, enacting provisions set out
as notes under this section and sections 5122, 5133, 5155,
Statutory Notes and Related Subsidiaries 5170, 5170c, 5172, 5174, 5187, 5189g, 5205 of this title, and
EFFECTIVE DATE OF 2018 AMENDMENT section 721 of Title 6, and amending provisions set out
as a note under section 5172 of this title] may be cited
Pub. L. 115–254, div. D, § 1202, Oct. 5, 2018, 132 Stat. as the ‘Disaster Recovery Reform Act of 2018’.’’
3438, provided that:
‘‘(a) APPLICABILITY FOR STAFFORD ACT.—Except as SHORT TITLE OF 2017 AMENDMENT
otherwise expressly provided, the amendments in this Pub. L. 115–87, § 1, Nov. 21, 2017, 131 Stat. 1277, pro-
division [see section 1201 of Pub. L. 115–254, set out as vided that: ‘‘This Act [enacting provisions set out as a
a Short Title of 2018 Amendment note below] to the note under this section] may be cited as the ‘FEMA Ac-
Robert T. Stafford Disaster Relief and Emergency As- countability, Modernization and Transparency Act of
sistance Act (42 U.S.C. 5121 et seq.) apply to each major 2017’.’’
disaster and emergency declared by the President on or
after August 1, 2017, under the Robert T. Stafford Dis- SHORT TITLE OF 2016 AMENDMENT
aster Relief and Emergency Assistance Act. Pub. L. 114–326, § 1, Dec. 16, 2016, 130 Stat. 1968, pro-
‘‘(b) DIVISION APPLICABILITY.—Except as otherwise ex- vided that: ‘‘This Act [enacting section 5165f of this
pressly provided, the authorities provided under this di- title, amending section 8101 of Title 5, Government Or-
vision [div. D (§§ 1201–1246) of Pub. L. 115–254] apply to ganization and Employees, and section 4303 of Title 38,
each major disaster and emergency declared by the Veterans’ Benefits, and enacting and amending provi-
President under the Robert T. Stafford Disaster Relief sions set out as notes under section 3791 of this title]
and Emergency Assistance Act on or after January 1, may be cited as the ‘National Urban Search and Rescue
2016.’’ Response System Act of 2016’.’’
EFFECTIVE DATE Pub. L. 114–132, § 1, Feb. 29, 2016, 130 Stat. 293, provided
that: ‘‘This Act [enacting section 5165e of this title and
Pub. L. 93–288, title VI, § 605, May 22, 1974, 88 Stat. 164, provisions set out as notes under section 5165e of this
provided that Pub. L. 93–288 was effective Apr. 1, 1974, title] may be cited as the ‘Directing Dollars to Disaster
with the exception of section 5178 of this title, prior to Relief Act of 2015’.’’
repeal by Pub. L. 100–707, title I, § 108(b), Nov. 23, 1988,
102 Stat. 4708. SHORT TITLE OF 2015 AMENDMENT
Pub. L. 114–111, § 1, Dec. 18, 2015, 129 Stat. 2240, pro-
SHORT TITLE OF 2024 AMENDMENT
vided that: ‘‘This Act [amending sections 5122 and 5172
Pub. L. 118–44, § 1, Mar. 18, 2024, 138 Stat. 455, provided of this title] may be cited as the ‘Emergency Informa-
that: ‘‘This Act [amending section 5177 of this title and tion Improvement Act of 2015’.’’
enacting provisions set out as a note under section 5177
SHORT TITLE OF 2013 AMENDMENT
of this title] may be cited as the ‘Disaster Assistance
Deadlines Alignment Act’.’’ Pub. L. 113–2, div. B, § 1101(a), Jan. 29, 2013, 127 Stat.
39, provided that: ‘‘This division [enacting sections
SHORT TITLE OF 2022 AMENDMENT 5123, 5189f, and 5189g of this title, amending sections
Pub. L. 117–263, div. G, title LXXIII, § 7311, Dec. 23, 5122, 5170, 5170b, 5170c, 5174, 5189, 5189e, and 5191 of this
2022, 136 Stat. 3689, provided that: ‘‘This subtitle [sub- title, and enacting provisions set out as notes under
title B (§§ 7311–7315) of title LXXIII of div. G of Pub. L. sections 5122, 5170, 5170c, and 5189a of this title] may be
117–263, enacting section 5136a of this title and provi- cited as the ‘Sandy Recovery Improvement Act of
sions set out as notes under section 5136a of this title] 2013’.’’
may be cited as the ‘Technological Hazards Prepared-
SHORT TITLE OF 2011 AMENDMENT
ness and Training Act of 2022’.’’
Pub. L. 117–255, § 1, Dec. 20, 2022, 136 Stat. 2363, pro- Pub. L. 111–351, § 1, Jan. 4, 2011, 124 Stat. 3863, provided
vided that: ‘‘This Act [enacting section 5136 of this that: ‘‘This Act [amending sections 5133, 5134, 5144,
title, amending this section, and enacting provisions 5165d, 5170c, 5172, 5195a, 5195b, 5196 to 5196b, 5196f, 5197 to
set out as notes under section 5136 of this title] may be 5197c, and 5197h of this title and enacting provisions set
cited as the ‘Community Disaster Resilience Zones Act out as a note under section 5133 of this title] may be
of 2022’.’’ cited as the ‘Predisaster Hazard Mitigation Act of
Pub. L. 117–251, § 1, Dec. 20, 2022, 136 Stat. 2354, pro- 2010’.’’
vided that: ‘‘This Act [amending sections 5183, 5189d,
SHORT TITLE OF 2006 AMENDMENT
and 5196c of this title and enacting provisions set out as
notes under sections 5131, 5183, 5189d, and 5196c of this Pub. L. 109–308, § 1, Oct. 6, 2006, 120 Stat. 1725, provided
title] may be cited as the ‘FEMA Improvement, Re- that: ‘‘This Act [amending sections 5170b, 5196, and
form, and Efficiency Act of 2022’ or the ‘FIRE Act’.’’ 5196b of this title] may be cited as the ‘Pets Evacuation
Pub. L. 117–189, § 1, Oct. 10, 2022, 136 Stat. 2204, pro- and Transportation Standards Act of 2006’.’’
vided that: ‘‘This Act [amending section 5189 of this Pub. L. 109–218, § 1, Apr. 20, 2006, 120 Stat. 333, provided
title and enacting provisions set out as a note under that: ‘‘This Act [amending section 5150 of this title]
§ 5121 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 6356
may be cited as the ‘Local Community Recovery Act of this section, sections 4401 and 5178 of this title, and sec-
2006’.’’ tion 1264 of former Title 31, and amending provisions
set out as a note under section 1681 of Title 48, Terri-
SHORT TITLE OF 2005 AMENDMENT tories and Insular Possessions] may be cited as the
Pub. L. 109–139, § 1, Dec. 22, 2005, 119 Stat. 2649, pro- ‘Robert T. Stafford Disaster Relief and Emergency As-
vided that: ‘‘This Act [amending section 5133 of this sistance Act’.’’
title and provisions set out as a note under this sec- TRANSFER OF FUNCTIONS
tion] may be cited as the ‘Predisaster Mitigation Pro-
gram Reauthorization Act of 2005’.’’ For transfer of all functions, personnel, assets, com-
ponents, authorities, grant programs, and liabilities of
SHORT TITLE OF 2000 AMENDMENT the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emer-
Pub. L. 106–390, § 1(a), Oct. 30, 2000, 114 Stat. 1552, pro- gency Management relating thereto, to the Federal
vided that: ‘‘This Act [enacting sections 5133, 5134, 5165 Emergency Management Agency, see section 315(a)(1)
to 5165c, 5205, and 5206 of this title, amending sections of Title 6, Domestic Security.
3796b, 5122, 5154, 5170c, 5172, 5174, 5184, 5187, and 5192 of For transfer of functions, personnel, assets, and li-
this title, repealing sections 5176 and 5178 of this title, abilities of the Federal Emergency Management Agen-
and enacting provisions set out as notes under this sec- cy, including the functions of the Director of the Fed-
tion and sections 3796b, 5133, 5165b, 5172, 5174, and 5187 eral Emergency Management Agency relating thereto,
of this title] may be cited as the ‘Disaster Mitigation to the Secretary of Homeland Security, and for treat-
Act of 2000’.’’ ment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Secu-
SHORT TITLE OF 1993 AMENDMENT
rity, and the Department of Homeland Security Reor-
Pub. L. 103–181, § 1, Dec. 3, 1993, 107 Stat. 2054, provided ganization Plan of November 25, 2002, as modified, set
that: ‘‘This Act [amending section 5170c of this title out as a note under section 542 of Title 6.
and enacting provisions set out as notes under sections
REFERENCES TO DISASTER RELIEF ACT OF 1974
4601 and 5170c of this title] may be cited as the ‘Hazard
Mitigation and Relocation Assistance Act of 1993’.’’ Pub. L. 100–707, title I, § 102(b), Nov. 23, 1988, 102 Stat.
4689, provided that: ‘‘Whenever any reference is made in
SHORT TITLE OF 1988 AMENDMENT any law (other than this Act [see Tables for classifica-
Pub. L. 100–707, title I, § 101(a), Nov. 23, 1988, 102 Stat. tion]), regulation, document, rule, record, or other
4689, provided that: ‘‘This title [enacting sections 5141, paper of the United States to a section or provision of
5153 to 5157, 5159 to 5164, 5170 to 5170c, 5172, 5174, 5178, the Disaster Relief Act of 1974 [former short title of
5189 to 5189b, and 5191 to 5193 of this title, amending Pub. L. 93–288], such reference shall be deemed to be a
this section, sections 1382a, 3030, 3231, 3232, 3539, 4003, reference to such section or provision of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
4013, 5122, 5131, 5143, 5144, 5147 to 5152, 5158, 5171, 5173,
[Pub. L. 93–288, see Short Title note above].’’
5176, 5177, 5179 to 5188, 5201, 7704, and 9601 of this title,
sections 1421, 1427, 1427a, 1961, 1964, and 2014 of Title 7, REFERENCES TO DISASTER RELIEF ACT OF 1970
Agriculture, sections 1706c, 1709, and 1715l of Title 12,
Pub. L. 93–288, title VII, § 702(m), formerly title VI,
Banks and Banking, section 636 of Title 15, Commerce
§ 602(m), May 22, 1974, 88 Stat. 164, as renumbered by
and Trade, sections 1536 and 3505 of Title 16, Conserva-
Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct.
tion, sections 241–1 and 646 of Title 20, Education, sec-
5, 1994, 108 Stat. 3100, provided that: ‘‘Whenever ref-
tion 125 of Title 23, Highways, sections 165, 5064, and
erence is made in any provision of law (other than this
5708 of Title 26, Internal Revenue Code, section 701n of Act [see Short Title note set out above]), regulation,
Title 33, Navigation and Navigable Waters, and section rule, record, or documents of the United States to pro-
1820 [now 3720] of Title 38, Veterans’ Benefits, repealing visions of the Disaster Relief Act of 1970 (84 Stat. 1744),
sections 5142, 5145, 5146, 5175, and 5202 of this title and repealed by this Act such reference shall be deemed to
former sections 5141, 5153 to 5157, 5172, 5174, 5178, and be a reference to the appropriate provision of this Act.’’
5189 of this title, enacting provisions set out as notes
under this section and sections 3231, 5122, and 5201 of REQUIREMENTS FOR GRANT SYSTEMS MODERNIZATION
this title, amending provisions set out as a note under Pub. L. 115–87, § 2, Nov. 21, 2017, 131 Stat. 1277, pro-
this section and section 1681 of Title 48, Territories and vided that:
Insular Possessions, and repealing provisions set out as ‘‘(a) IN GENERAL.—The Administrator of the Federal
notes under this section and former section 5178 of this Emergency Management Agency shall ensure the ongo-
title] may be cited as ‘The Disaster Relief and Emer- ing modernization of the grant systems for the admin-
gency Assistance Amendments of 1988’.’’ istration of assistance under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42
SHORT TITLE OF 1980 AMENDMENT U.S.C. 5121 et seq.) includes the following:
Pub. L. 96–568, § 1, Dec. 23, 1980, 94 Stat. 3334, provided: ‘‘(1) An online interface, including online assist-
‘‘That this Act [amending section 5202 of this title] ance, for applicants to complete application forms,
may be cited as the ‘Disaster Relief Act Amendments submit materials, and access the status of applica-
of 1980’.’’ tions.
‘‘(2) Mechanisms to eliminate duplication of bene-
SHORT TITLE fits.
‘‘(3) If appropriate, enable the sharing of informa-
Pub. L. 93–288, § 1, May 22, 1974, 88 Stat. 143, as amend- tion among agencies and with State, local, and tribal
ed by Pub. L. 100–707, title I, § 102(a), Nov. 23, 1988, 102 governments, to eliminate the need to file multiple
Stat. 4689; Pub. L. 106–390, title III, § 301, Oct. 30, 2000, applications and speed disaster recovery.
114 Stat. 1572, provided: ‘‘That this Act [enacting this ‘‘(4) Any additional tools the Administrator deter-
section, sections 3231 to 3236, 5122, 5131, 5132, 5141 to mines will improve the implementation of this sec-
5158, 5171 to 5189, 5201, and 5202 of this title, and section tion.
1264 of former Title 31, Money and Finance, amending ‘‘(b) IMPLEMENTATION.—To the extent practicable, the
sections 1706c, 1709, 1715l of Title 12, Banks and Bank- Administrator shall deliver the system capabilities de-
ing, sections 241–1, 646, 758 of Title 20, Education, sec- scribed in subsection (a) in increments or iterations as
tions 165, 5064, 5708 of Title 26, Internal Revenue Code, working components for applicant use.’’
section 1820 [now 3720] of Title 38, Veterans’ Benefits,
section 461 of former Title 40, Public Buildings, Prop- REPORT ON STATE MANAGEMENT OF SMALL DISASTERS
erty, and Works, repealing sections 4401, 4402, 4411 to INITIATIVE
4413, 4414 to 4420, 4431 to 4436, 4457 to 4462, 4481 to 4485 Pub. L. 106–390, title II, § 208, Oct. 30, 2000, 114 Stat.
of this title, enacting provisions set out as notes under 1571, provided that not later than 3 years after Oct. 30,
Page 6357 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5122
2000, the President would submit to Congress a report 15681; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex.
describing the results of the State Management of Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided:
Small Disasters Initiative, including recommendations By virtue of the authority vested in me by the Dis-
concerning State administration of parts of the pro- aster Relief Act of 1974 (Public Law 93–288; 88 Stat. 143)
gram. [see References to Disaster Relief Act of 1974 note
above], section 301 of title 3 of the United States Code,
STUDY REGARDING COST REDUCTION and as President of the United States of America, it is
Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat. hereby ordered as follows:
1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119 [SECTIONS 1 and 2. Revoked by Ex. Ord. No. 12148,
Stat. 2649, provided that: ‘‘Not later than September 30, § 5–111, July 20, 1979, 44 F.R. 43239.]
2007, the Director of the Congressional Budget Office SEC. 3. The Secretary of Agriculture is designated
shall complete a study estimating the reduction in and empowered to exercise, without the approval, rati-
Federal disaster assistance that has resulted and is fication, or other action of the President, all of the au-
likely to result from the enactment of this Act [see thority vested in the President by section 412 of the act
Short Title of 2000 Amendment note above].’’ [section 5179 of this title] concerning food coupons and
distribution.
STUDY OF PARTICIPATION BY INDIAN TRIBES IN [SEC. 4. Revoked by Ex. Ord. No. 12148, § 5–111, July 20,
EMERGENCY MANAGEMENT 1979, 44 F.R. 43239.]
Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat. [References to a ‘‘coupon’’ provided under the Food
1575, required the Director of the Federal Emergency and Nutrition Act of 2008 considered to refer to a ‘‘ben-
Management Agency to conduct a study of participa- efit’’ under that Act, see section 4115(d) of Pub. L.
tion by Indian tribes in emergency management and 110–246, set out as a note under section 2012 of Title 7,
submit a report no later than 1 year after Oct. 30, 2000. Agriculture.]
SEISMIC SAFETY OF FEDERAL AND FEDERALLY ASSISTED
NATIONAL DROUGHT POLICY
OR REGULATED NEW BUILDING CONSTRUCTION
Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended
For provisions relating to seismic safety require-
by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat.
ments for new construction or total replacement of a
1170, known as the ‘‘National Drought Policy Act of
building under this chapter after a presidentially de-
1998’’, established the National Drought Policy Com-
clared major disaster or emergency, see Ex. Ord. No.
mission to study and submit a report on national
13717, Feb. 2, 2016, 81 F.R. 6407, set out as a note under
drought policy and terminated the Commission 90 days
section 7704 of this title.
after the submission of the report.
RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELA- § 5122. Definitions
TIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS
As used in this chapter—
Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat. (1) EMERGENCY.—‘‘Emergency’’ means any oc-
4710, provided that not later than 1 year after Nov. 23, casion or instance for which, in the determina-
1988, the President was to recommend to the Congress tion of the President, Federal assistance is need-
proposals to improve the operational and fiscal rela- ed to supplement State and local efforts and ca-
tionships that exist among Federal, State, and local
major disaster and emergency management officials,
pabilities to save lives and to protect property
including provisions which would decrease the amount and public health and safety, or to lessen or
of time for processing requests for major disaster and avert the threat of a catastrophe in any part of
emergency declarations and providing Federal assist- the United States.
ance for major disasters and emergencies, provide for (2) MAJOR DISASTER.—‘‘Major disaster’’ means
more effective utilization of State and local resources any natural catastrophe (including any hurri-
in relief efforts, and improve the timeliness of reim- cane, tornado, storm, high water, winddriven
bursement. water, tidal wave, tsunami, earthquake, vol-
DECLARED DISASTERS AND EMERGENCIES NOT AFFECTED canic eruption, landslide, mudslide, snowstorm,
Pub. L. 100–707, title I, § 112, Nov. 23, 1988, 102 Stat.
or drought), or, regardless of cause, any fire,
4711, provided that: ‘‘This title [see Short Title of 1988 flood, or explosion, in any part of the United
Amendment note above] shall not affect the adminis- States, which in the determination of the Presi-
tration of any assistance for a major disaster or emer- dent causes damage of sufficient severity and
gency declared by the President before the date of the magnitude to warrant major disaster assistance
enactment of this Act [Nov. 23, 1988].’’ under this chapter to supplement the efforts and
available resources of States, local govern-
Executive Documents ments, and disaster relief organizations in alle-
DELEGATION OF FUNCTIONS viating the damage, loss, hardship, or suffering
caused thereby.
Functions of the President under the Disaster Relief
(3) ‘‘United States’’ means the fifty States, the
Acts of 1970 and 1974, with certain exceptions, were del-
egated to the Secretary of Homeland Security, see sec- District of Columbia, Puerto Rico, the Virgin Is-
tions 4–201 and 4–203 of Ex. Ord. No. 12148, July 20, 1979, lands, Guam, American Samoa, and the Com-
44 F.R. 43239, as amended, set out as a note under sec- monwealth of the Northern Mariana Islands.
tion 5195 of this title. (4) ‘‘State’’ means any State of the United
States, the District of Columbia, Puerto Rico,
EXECUTIVE ORDER NO. 11749
the Virgin Islands, Guam, American Samoa, and
Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which the Commonwealth of the Northern Mariana Is-
related to consolidation of functions assigned to Sec- lands.
retary of Housing and Urban Development, was revoked (5) ‘‘Governor’’ means the chief executive of
by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out
as a note under section 5195 of this title.
any State.
(6) INDIAN TRIBAL GOVERNMENT.—The term ‘‘In-
EX. ORD. NO. 11795. DELEGATION OF PRESIDENTIAL dian tribal government’’ means the governing
FUNCTIONS body of any Indian or Alaska Native tribe, band,
Ex. Ord. No. 11795, July 11, 1974, 39 F.R. 25939, as nation, pueblo, village, or community that the
amended by Ex. Ord. No. 11910, Apr. 13, 1976, 41 F.R. Secretary of the Interior acknowledges to exist
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- Original
- www.govinfo.gov