Transcription
Stafford Act, as Amended, andRelated AuthoritiesHomeland Security Act, as amended (Emergency Management-related Provisions)FEMA P-592, May 2019
Robert T. Stafford Disaster Relief and Emergency Assistance Act,Public Law 93-288, as amended,42 U.S.C. 5121 et seq., and Related AuthoritiesUnited States Code, Title 42. The Public Health and Welfare, Chapter 68. Disaster ReliefNOTE: Non-Stafford Act sections appear in U.S. Code sequence for convenience.Title I – Findings, Declarations and DefinitionsSec. 101.Congressional Findings and Declarations (42 U.S.C. 5121).1Sec. 102.Definitions (42 U.S.C. 5122).1Sec. 103.References (42 U.S.C. 5123).3Title II – Disaster Preparedness and Mitigation AssistanceSec. 201.Federal and State Disaster Preparedness Programs (42 U.S.C. 5131).4Sec. 202.Disaster Warnings (42 U.S.C. 5132).5Sec. 203.Predisaster Hazard Mitigation (42 U.S.C. 5133).5Sec. 204.Interagency Task Force (42 U.S.C. 5134).10Title III – Major Disaster and Emergency Assistance AdministrationSec. 301.Waiver of Administrative Conditions (42 U.S.C. 5141).11Sec. 302.Coordinating Officers (42 U.S.C. 5143).11Sec. 303.Emergency Support and Response Teams (42 U.S.C. 5144).11Sec. 304.Reimbursement of Federal Agencies (42 U.S.C. 5147).12Sec. 305.Nonliability of Federal Government (42 U.S.C. 5148).12Sec. 306.Performance of Services (42 U.S.C. 5149).13Sec. 307.Use of Local Firms and Individuals (42 U.S.C. 5150).13Sec. 308.Nondiscrimination in Disaster Assistance (42 U.S.C. 5151).14Sec. 309.Use and Coordination of Relief Organizations (42 U.S.C. 5152).14Sec. 310.Priority to Certain Applications for Public Facility andPublic Housing Assistance (42 U.S.C. 5153).15Sec. 311.Insurance (42 U.S.C. 5154).15-Prohibited Flood Disaster Assistance (42 U.S.C. 5154a).16Sec. 312.Duplication of Benefits (42 U.S.C. 5155).17Sec. 313.Standards and Reviews (42 U.S.C. 5156).19Sec. 314.Penalties (42 U.S.C. 5157).19Sec. 315.Availability of Materials (42 U.S.C. 5158).19Sec. 316.Protection of Environment (42 U.S.C. 5159).19Sec. 317.Recovery of Assistance (42 U.S.C. 5160).20Sec. 318.Audits and Investigations (42 U.S.C. 5161).20Sec. 319.Advance of Non-Federal Share (42 U.S.C. 5162).20Sec. 320.Limitation on Use of Sliding Scales (42 U.S.C. 5163).21Sec. 321.Rules and Regulations (42 U.S.C. 5164).21Sec. 322.Mitigation Planning (42 U.S.C. 5165).21i
Sec. 323.Sec. 324.Sec. 325.Sec. 326.Sec. 327.Minimum Standards for Public andPrivate Structures (42 U.S.C. 5165a).22Management Costs (42 U.S.C. 5165b).22Public Notice, Comment, andConsultation Requirements (42 U.S.C. 5165c).23Designation of Small State and Rural Advocate (42 U.S.C. 5165d).24National Urban Search and Rescue Response System (42 U.S.C. 5165f).24Title IV – Major Disaster Assistance ProgramsSec. 401.Procedure for Declaration (42 U.S.C. 5170).29Sec. 402.General Federal Assistance (42 U.S.C. 5170a).30Sec. 403.Essential Assistance (42 U.S.C. 5170b).30Sec. 404.Hazard Mitigation (42 U.S.C. 5170c).33Sec. 405.Federal Facilities (42 U.S.C. 5171).36Sec. 406.Repair, Restoration, and Replacementof Damaged Facilities (42 U.S.C. 5172).37Sec. 407.Debris Removal (42 U.S.C. 5173).44Sec. 408.Federal Assistance to Individuals and Households (42 U.S.C. 5174).44Sec. 410.Unemployment Assistance (42 U.S.C. 5177).53-Emergency Grants to Assist Low-Income Migrantand Seasonal Farmworkers (42 U.S.C. 5177a).53Sec. 412.Benefits and Distribution (42 U.S.C. 5179).54Sec. 413.Food Commodities (42 U.S.C. 5180).54Sec. 414.Relocation Assistance (42 U.S.C. 5181).54Sec. 415.Legal Services (42 U.S.C. 5182).55Sec. 416.Crisis Counseling Assistance and Training (42 U.S.C. 5183).55Sec. 417.Community Disaster Loans (42 U.S.C. 5184).55Sec. 418.Emergency Communications (42 U.S.C. 5185).56Sec. 419.Emergency Public Transportation (42 U.S.C. 5186).56Sec. 420.Fire Management Assistance (42 U.S.C. 5187).56Sec. 421.Timber Sale Contracts (42 U.S.C. 5188).56Sec. 422.Simplified Procedure (42 U.S.C. 5189).57Sec. 423.Appeals of Assistance Decisions (42 U.S.C. 5189a).58Sec. 424.Date of Eligibility; Expenses Incurred BeforeDate of Disaster (42 U.S.C. 5189b).59Sec. 425.Transportation Assistance to Individualsand Households (42 U.S.C. 5189c).59Sec. 426.Case Management Services (42 U.S.C. 5189d).59Sec. 427.Essential Service Providers (42 U.S.C. 5189e).59Sec. 428.Public Assistance Program Alternative Procedures (42 U.S.C. 5189f).60Sec. 429.Unified Federal Review (42 U.S.C. 5189g).63Sec. 430.Agency Accountability (42 U.S.C. 5189h).63ii
Title V – Emergency Assistance ProgramsSec. 501.Procedure for Declaration (42 U.S.C. 5191).68Sec. 502.Federal Emergency Assistance (42 U.S.C. 5192).68Sec. 503.Amount of Assistance (42 U.S.C. 5193).70Title VI – Emergency PreparednessSec. 601.Declaration of Policy (42 U.S.C. 5195).71Sec. 602.Definitions (42 U.S.C. 5195a).71Sec. 603.Administration of Title (42 U.S.C. 5195b).72-Critical Infrastructures Protection (42 U.S.C. 5195c).72Subtitle A—Powers and DutiesSec. 611.Detailed Functions or Administration (42 U.S.C. 5196).74Sec. 612.Mutual Aid Pacts Between Statesand Neighboring Counties (42 U.S.C. 5196a).78Sec. 613.Contributions for Personnel andAdministrative Expenses (42 U.S.C. 5196b).79Sec. 614.Grants for Construction of Emergency Operations Centers(42 U.S.C. 5196c).80Sec. 615.Use of Funds to Prepare for and Respond to Hazards(42 U.S.C. 5196d).81-Radiological Emergency Preparedness Fund (42 U.S.C. 5196e).81Sec. 616.Disaster Related Information Services (42 U.S.C. 5196f).81Subtitle B—General ProvisionsSec. 621.Administrative Authority (42 U.S.C. 5197).82Sec. 622.Security Regulations (42 U.S.C. 5197a).83Sec. 623.Use of Existing Facilities (42 U.S.C. 5197b).84Sec. 624.Annual Report to Congress (42 U.S.C. 5197c).85Sec. 625.Applicability of Subchapter (42 U.S.C. 5197d).85Sec. 626.Authorization of Appropriations and Transfers of Funds(42 U.S.C. 5197e).85Sec. 627.Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f).85Sec. 628.Federal Bureau of Investigation (42 U.S.C. 5197g).85Title VII – MiscellaneousSec. 701.Rules and Regulations (42 U.S.C. 5201).86-Insular Areas Disaster Survival and Recovery;Definitions (42 U.S.C. 5204).86-Technical Assistance for Insular Areas (42 U.S.C. 5204b).86Sec. 705.Disaster Grant Closeout Procedures (42 U.S.C. 5205).87-Buy American (42 U.S.C. 5206).88Sec. 706Firearms Policies (42 U.S.C. 5207). 89iii
Miscellaneous Statutory Provisions that Relate to the Stafford ActTitle 6 United States CodeSec. 101.Definitions.90Sec. 111.Executive department; mission.91Sec. 112.Secretary; functions.91Sec. 113.Other officers.93Sec. 238.Office for Domestic Preparedness.94Sec. 311.Definitions.95Sec. 312.Definition.96Sec. 313.Federal Emergency Management Agency.96Sec. 314.Authority and responsibilities.98Sec. 314a. FEMA Programs. 100Sec. 315.Functions transferred. 100Sec. 316.Preserving the Federal Emergency Management Agency. 100Sec. 317.Regional offices. 101Sec. 318.National Advisory Council. 103Sec. 319.National Integration Center. 105Sec. 320.Credentialing and typing. 106Sec. 321.National Infrastructure Simulation and Analysis Center. 107Sec. 321a. Evacuation plans and exercises. 108Sec. 321b. Disability Coordinator. 109Sec. 321c. Department and Agency officials. 110Sec. 321d. National Operations Center. 110Sec. 321e. Chief Medical Officer. 110Sec. 321f. Nuclear incident response. 111Sec. 321g. Conduct of certain public health-related activities. 111Sec. 321h. Use of national private sector networks in emergency response. 112Sec. 321i.Use of commercially available technology, goods, and services. 112Sec. 321j.Procurement of security countermeasures forStrategic National Stockpile. 112Sec. 321k. Model standards and guidelines for critical infrastructure workers. 113Sec. 321l. Guidance and recommendations. 113Sec. 321m. Voluntary private sector preparedness accreditation andcertification program. 114Sec. 321n. Acceptance of gifts. 119Sec. 347.Quadrennial homeland security review. 120Sec. 462.Office of National Capital Region Coordination. 122Sec. 466.Sense of Congress reaffirming the continued importance andapplicability of the Posse Comitatus Act. 123Sec. 470.Disclosures regarding homeland security grants. 123Sec. 526.Integrated Public Alert and Warning System Modernization. 124Sec. 571.Office of Emergency Communications. 126Sec. 579.Interoperable Emergency Communications Grant Program. 127iv
Sec. 601.Sec. 603.Sec. 604.Sec. 605.Sec. 606.Sec. 607.Sec. 608.Sec. 609.Sec. 611.Sec. 612.Sec. 613.Sec. 701.Sec. 711.Sec. 721.Sec. 722.Sec. 723.Sec. 724.Sec. 725.Sec. 726.Sec. 727.Sec. 728.Sec. 741.Sec. 742.Sec. 743.Sec. 744.Sec. 745.Sec. 746.Sec. 747.Sec. 748.Sec. 749.Sec. 750.Sec. 751.Sec. 752.Sec. 753.Sec. 754.Sec. 761.Sec. 762.Sec. 763.Sec. 764.Sec. 771.Sec. 772.Sec. 773.Sec. 774.Definitions. 130Homeland security grant programs. 132Urban Area Security Initiative. 133State Homeland Security Grant Program. 136Grants to directly eligible tribes. 138Terrorism prevention. 139Prioritization. 141Use of funds. 142Administration and coordination. 145Accountability. 147Identification of reporting redundancies and developmentof performance metrics. 150Definitions. 151Surge Capacity Force. 152Evacuation preparedness technical assistance. 153Urban Search and Rescue Response System. 153Metropolitan Medical Response Grant Program. 153Logistics. 154Prepositioned equipment program. 154Basic life supporting first aid and education. 154Improvements to information technology systems. 154Disclosure of certain information to law enforcement agencies. 155Definitions. 155National preparedness. 156National preparedness goal. 156Establishment of national preparedness system. 156National planning scenarios. 156Target capabilities and preparedness priorities. 157Equipment and training standards. 157Training and exercises. 158Comprehensive assessment system. 159Remedial action management program. 160Federal response capability inventory. 160Reporting requirements. 161Federal preparedness. 162Use of existing resources. 164Emergency Management Assistance Compact grants. 164Emergency management performance grants program. 165Transfer of Noble Training Center. 166National exercise simulation center. 166National Disaster Recovery Strategy. 166National Disaster Housing Strategy. 167Individuals with disabilities guidelines. 168Reunification. 168v
Sec. 775.Sec. 776.Sec. 777.Sec. 791.Sec. 792.Sec. 793.Sec. 794.Sec. 795.Sec. 796.Sec. 797.Sec. 811.Sec. 1102.National Emergency Family Registry and Locator System. 170Individuals and households pilot program. 170Public assistance pilot program. 170Advance contracting. 170Limitations on tiering of subcontractors. 171Oversight and accountability of Federal disaster expenditures. 171Limitation on length of certain noncompetitive contracts. 173Fraud, waste, and abuse controls. 173Registry of disaster response contractors. 173Fraud prevention training program. 174Authorization of appropriations. 174National Domestic Preparedness Consortium. 17542 U.S.C. § 5195 noteExecutive Order 12148, Federal Emergency Management. 175Table of Additional FEMA Authorities. 180vi
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STAFFORD ACT TITLE I §§ 101-102Title I – Findings, Declarations and DefinitionsSec. 101. Congressional Findings and Declarations (42 U.S.C. 5121)(a) The Congress hereby finds and declares that (1) because disasters often cause loss of life, human suffering, loss of income, andproperty loss and damage; and(2) because disasters often disrupt the normal functioning of governments andcommunities, and adversely affect individuals and families with great severity;special measures, designed to assist the efforts of the affected States in expeditingthe rendering of aid, assistance, and emergency services, and the reconstructionand rehabilitation of devastated areas, are necessary.(b) It is the intent of the Congress, by this Act, to provide an orderly and continuing meansof assistance by the Federal Government to State and local governments in carryingout their responsibilities to alleviate the suffering and damage which result from suchdisasters by (1) revising and broadening the scope of existing disaster relief programs;(2) encouraging the development of comprehensive disaster preparedness andassistance plans, programs, capabilities, and organizations by the States and bylocal governments;(3) achieving greater coordination and responsiveness of disaster preparedness andrelief programs;(4) encouraging individuals, States, and local governments to protect themselves byobtaining insurance coverage to supplement or replace governmental assistance;(5) encouraging hazard mitigation measures to reduce losses from disasters, includingdevelopment of land use and construction regulations; and(6) providing Federal assistance programs for both public and private losses sustainedin disasters[.]Sec. 102. Definitions (42 U.S.C. 5122)As used in this Act (1) Emergency - “Emergency” means any occasion or instance for which, in thedetermination of the President, Federal assistance is needed to supplement Stateand local efforts and capabilities to save lives and to protect property and publichealth and safety, or to lessen or avert the threat of a catastrophe in any part of theUnited States.(2) Major Disaster - “Major disaster” means any natural catastrophe (including anyhurricane, 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 severity1
STAFFORD ACT TITLE I § 102and magnitude to warrant major disaster assistance under this Act to supplementthe efforts and available resources of States, local governments, and disasterrelief organizations in alleviating the damage, loss, hardship, or suffering causedthereby.(3) “United States” means the fifty States, the District of Columbia, Puerto Rico, theVirgin Islands, Guam, American Samoa, and the Commonwealth of the NorthernMariana Islands.(4) “State” means any State of the United States, the District of Columbia, PuertoRico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of theNorthern Mariana Islands.(5) “Governor” means the chief executive of any State.(6) Indian Tribal Government - The term “Indian tribal government” means thegoverning 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 Indiantribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479aet seq.).(7) Individual with a Disability - The term “individual with a disability” means anindividual with a disability as defined in [Section 3(2) of the Americans withDisabilities Act of 1990 (42 U.S.C. 12102(2))].(8) Local Government - The term “local government” means –(A) a county, municipality, city, town, township, local public authority,school district, special district, intrastate district, council of governments(regardless of whether the council of governments is incorporated as anonprofit corporation under State law), regional or interstate governmententity, or agency or instrumentality of a local government;(B) an Indian tribe or authorized tribal organization, or Alaska Native village ororganization, 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, forwhich an application for assistance is made by a State or political subdivisionof a State.(9) “Federal agency” means any department, independent establishment,Government corporation, or other agency of the executive branch of the FederalGovernment, including the United States Postal Service, but shall not include theAmerican National Red Cross.(10) Public Facility - “Public facility” means the following facilities owned by a State orlocal government:(A) Any flood control, navigation, irrigation, reclamation, public power,sewage treatment and collection, water supply and distribution, watersheddevelopment, or airport facility.2
STAFFORD ACT TITLE I §§ 102-103(B) Any non-Federal-aid street, road, or highway.(C) Any other public building, structure, or system, including those used foreducational, recreational, or cultural purposes.(D) Any park.(11) Private Nonprofit Facility (A) In General - The term “private nonprofit facility” means private nonprofiteducational (without regard to the religious character of the facility), centerbased childcare,* utility, irrigation, emergency, medical, rehabilitational, andtemporary or permanent custodial care facilities (including those for theaged and disabled) and facilities on Indian reservations, as defined by thePresident.(B) Additional Facilities – In addition to the facilities described insubparagraph (A), the term “private nonprofit facility” includes any privatenonprofit facility that provides essential social services to the generalpublic (including museums, zoos, performing arts facilities, communityarts centers, community centers, libraries, homeless shelters, senior citizencenters, rehabilitation facilities, shelter workshops, food banks, broadcastingfacilities, houses of worship, and facilities that provide health and safetyservices of a governmental nature), as defined by the President. No houseof worship may be excluded from this definition because leadership ormembership in the organization operating the house of worship is limited topersons who share a religious faith or practice.(12) C hief Executive - The term “Chief Executive” means the person who is the Chief,Chairman, Governor, President, or similar executive official of an Indian tribalgovernment.Sec. 103. References (42 U.S.C. 5123)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) withrespect to governments or officials and any reference to a “local government” in sections5172(d)(3) and 5184 of this title [Section 406(d)(3) and Section 417] is deemed to refer alsoto Indian tribal governments and officials, as appropriate.* The addition of “center-based childcare” to the definition has an effective date of Oct. 5, 2018.3
STAFFORD ACT TITLE II § 201Title II -- Disaster Preparedness and Mitigation AssistanceSec. 201. Federal and State Disaster
United States Code, Title 42. The Public Health and Welfare, Chapter 68. Disaster Relief NOTE: Non-Stafford Act sections appear in U.S. Code sequence for convenience. i Title I - Findings, Declarations and Definitions Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121). 1 Sec. 102.
