because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and
(2)
because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;
special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.
(b)
It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—
(1)
revising and broadening the scope of existing disaster relief programs;
(2)
encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;
(3)
achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4)
encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5)
encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;
(6)
providing Federal assistance programs for both public and private losses sustained in disasters; and
(7)
identifying and improving the climate and natural hazard resilience of vulnerable communities.
Pub. L. 93–28888 Stat. 143This chapter, referred to in subsec. (b), was in the original “this Act”, meaning , , . For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Pub. L. 100–7071988—Subsec. (b)(7). struck out par. (7) expressing Congressional intent to provide disaster assistance through a long-range economic recovery program for major disaster areas.
section 1201 of Pub. L. 115–25442 U.S.C. 5121Except as otherwise expressly provided, the amendments in this division [see , set out as a Short Title of 2018 Amendment note below] to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( et seq.) apply to each major disaster and emergency declared by the President on or after , under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
“(b)
Division Applicability .—
Pub. L. 115–254Except as otherwise expressly provided, the authorities provided under this division [div. D (§§ 1201–1246) of ] apply to each major disaster and emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act on or after .”
section 5136 of this titlesection 5136 of this title“This Act [enacting , amending this section, and enacting provisions set out as notes under ] may be cited as the ‘Community Disaster Resilience Zones Act of 2022’.”
“This Act [amending sections 5183, 5189d, and 5196c of this title and enacting provisions set out as notes under sections 5131, 5183, 5189d, and 5196c of this title] may be cited as the ‘FEMA Improvement, Reform, and Efficiency Act of 2022’ or the ‘FIRE Act’.”
section 5189 of this titlesection 5189 of this title“This Act [amending and enacting provisions set out as a note under ] may be cited as the ‘Small Project Efficient and Effective Disaster Recovery Act’ or the ‘SPEED Recovery Act’.”
Pub. L. 115–254section 748a of Title 6section 721 of Title 6section 5172 of this title“This division [div. D (§§ 1201–1246) of , enacting sections 5161a, 5165g, 5174a, 5174b, 5189h, 5196g, and 5205a of this title, and , Domestic Security, amending sections 3149, 5122, 5133, 5149, 5152, 5155, 5165, 5165b, 5170a to 5170c, 5172, 5174, 5187, 5189a, 5189f, 5205 of this title, and sections 761 and 762 of Title 6, enacting provisions set out as notes under this section and sections 5122, 5133, 5155, 5170, 5170c, 5172, 5174, 5187, 5189g, 5205 of this title, and , and amending provisions set out as a note under ] may be cited as the ‘Disaster Recovery Reform Act of 2018’.”
“This Act [enacting provisions set out as a note under this section] may be cited as the ‘FEMA Accountability, Modernization and Transparency Act of 2017’.”
“This division [enacting sections 5123, 5189f, and 5189g of this title, amending sections 5122, 5170, 5170b, 5170c, 5174, 5189, 5189e, and 5191 of this title, and enacting provisions set out as notes under sections 5122, 5170, 5170c, and 5189a of this title] may be cited as the ‘Sandy Recovery Improvement Act of 2013’.”
section 5133 of this title“This Act [amending sections 5133, 5134, 5144, 5165d, 5170c, 5172, 5195a, 5195b, 5196 to 5196b, 5196f, 5197 to 5197c, and 5197h of this title and enacting provisions set out as a note under ] may be cited as the ‘Predisaster Hazard Mitigation Act of 2010’.”
section 5133 of this title“This Act [amending and provisions set out as a note under this section] may be cited as the ‘Predisaster Mitigation Program Reauthorization Act of 2005’.”
“This Act [enacting sections 5133, 5134, 5165 to 5165c, 5205, and 5206 of this title, amending sections 3796b, 5122, 5154, 5170c, 5172, 5174, 5184, 5187, and 5192 of this title, repealing sections 5176 and 5178 of this title, and enacting provisions set out as notes under this section and sections 3796b, 5133, 5165b, 5172, 5174, and 5187 of this title] may be cited as the ‘Disaster Mitigation Act of 2000’.”
section 5170c of this title“This Act [amending and enacting provisions set out as notes under sections 4601 and 5170c of this title] may be cited as the ‘Hazard Mitigation and Relocation Assistance Act of 1993’.”
lsection 636 of Title 15section 125 of Title 23section 701n of Title 33section 1681 of Title 48section 5178 of this title“This title [enacting sections 5141, 5153 to 5157, 5159 to 5164, 5170 to 5170c, 5172, 5174, 5178, 5189 to 5189b, and 5191 to 5193 of this title, amending this section, sections 1382a, 3030, 3231, 3232, 3539, 4003, 4013, 5122, 5131, 5143, 5144, 5147 to 5152, 5158, 5171, 5173, 5176, 5177, 5179 to 5188, 5201, 7704, and 9601 of this title, sections 1421, 1427, 1427a, 1961, 1964, and 2014 of Title 7, Agriculture, sections 1706c, 1709, and 1715 of Title 12, Banks and Banking, , Commerce and Trade, sections 1536 and 3505 of Title 16, Conservation, sections 241–1 and 646 of Title 20, Education, , Highways, sections 165, 5064, and 5708 of Title 26, Internal Revenue Code, , Navigation and Navigable Waters, and section 1820 [now 3720] of Title 38, Veterans’ Benefits, repealing sections 5142, 5145, 5146, 5175, and 5202 of this title and former sections 5141, 5153 to 5157, 5172, 5174, 5178, and 5189 of this title, enacting provisions set out as notes under this section and sections 3231, 5122, and 5201 of this title, amending provisions set out as a note under this section and , Territories and Insular Possessions, and repealing provisions set out as notes under this section and former ] may be cited as ‘The Disaster Relief and Emergency Assistance Amendments of 1988’.”
lsection 1681 of Title 48“That this Act [enacting this section, sections 3231 to 3236, 5122, 5131, 5132, 5141 to 5158, 5171 to 5189, 5201, and 5202 of this title, and section 1264 of former Title 31, Money and Finance, amending sections 1706c, 1709, 1715 of Title 12, Banks and Banking, sections 241–1, 646, 758 of Title 20, Education, sections 165, 5064, 5708 of Title 26, Internal Revenue Code, section 1820 [now 3720] of Title 38, Veterans’ Benefits, section 461 of former Title 40, Public Buildings, Property, and Works, repealing sections 4401, 4402, 4411 to 4413, 4414 to 4420, 4431 to 4436, 4457 to 4462, 4481 to 4485 of this title, enacting provisions set out as notes under this section, sections 4401 and 5178 of this title, and section 1264 of former Title 31, and amending provisions set out as a note under , Territories and Insular Possessions] may be cited as the ‘Robert T. Stafford Disaster Relief and Emergency Assistance Act’.”
, , , as amended by , , ; , , , provided:
Transfer of Functions
section 315(a)(1) of Title 6For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see , Domestic Security.
section 542 of Title 6For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .
Pub. L. 93–288Pub. L. 93–288“Whenever any reference is made in any law (other than this Act [see Tables for classification]), regulation, document, rule, record, or other paper of the United States to a section or provision of the Disaster Relief Act of 1974 [former short title of ], such reference shall be deemed to be a reference to such section or provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [, see Short Title note above].”
84 Stat. 1744“Whenever reference is made in any provision of law (other than this Act [see Short Title note set out above]), regulation, rule, record, or documents of the United States to provisions of the Disaster Relief Act of 1970 (), repealed by this Act such reference shall be deemed to be a reference to the appropriate provision of this Act.”
, formerly title VI, § 602(m), , , as renumbered by , (2), , , provided that:
42 U.S.C. 5121The Administrator of the Federal Emergency Management Agency shall ensure the ongoing modernization of the grant systems for the administration of assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( et seq.) includes the following:
“(1)
An online interface, including online assistance, for applicants to complete application forms, submit materials, and access the status of applications.
“(2)
Mechanisms to eliminate duplication of benefits.
“(3)
If appropriate, enable the sharing of information among agencies and with State, local, and tribal governments, to eliminate the need to file multiple applications and speed disaster recovery.
“(4)
Any additional tools the Administrator determines will improve the implementation of this section.
“(b)
Implementation .—
To the extent practicable, the Administrator shall deliver the system capabilities described in subsection (a) in increments or iterations as working components for applicant use.”
, , , provided that:
Report on State Management of Small Disasters Initiative
Pub. L. 106–390, title II, § 208114 Stat. 1571, , , provided that not later than 3 years after , 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 program.
“Not later than , 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].”
, , , as amended by , , , provided that:
Study of Participation by Indian Tribes in Emergency Management
Pub. L. 106–390, title III, § 308114 Stat. 1575, , , required the Director of the Federal Emergency Management Agency to conduct a study of participation by Indian tribes in emergency management and submit a report no later than 1 year after .
National Drought Policy
Pub. L. 105–199112 Stat. 641Pub. L. 106–78, title VII, § 753113 Stat. 1170, , , as amended by , , , known as the “National Drought Policy Act of 1998”, established the National Drought Policy Commission 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 Relationships Among Disaster Management Officials
Pub. L. 100–707, title I, § 110102 Stat. 4710, , , provided that not later than 1 year after , the President was to recommend to the Congress proposals to improve the operational and fiscal relationships 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 assistance for major disasters and emergencies, provide for more effective utilization of State and local resources in relief efforts, and improve the timeliness of reimbursement.
“This title [see Short Title of 1988 Amendment note above] shall not affect the administration of any assistance for a major disaster or emergency declared by the President before the date of the enactment of this Act [].”
, , , provided that:
Executive Documents
Delegation of Functions
section 5195 of this titleFunctions of the President under the Disaster Relief Acts of 1970 and 1974, with certain exceptions, were delegated to the Secretary of Homeland Security, see sections 4–201 and 4–203 of Ex. Ord. No. 12148, , 44 F.R. 43239, as amended, set out as a note under .
Executive Order No. 11749
section 5195 of this titleEx. Ord. No. 11749, , 38 F.R. 34177, which related to consolidation of functions assigned to Secretary of Housing and Urban Development, was revoked by Ex. Ord. No. 12148, , 44 F.R. 43239, set out as a note under .
Ex. Ord. No. 11795. Delegation of Presidential Functions
Public Law 93–28888 Stat. 143section 301 of title 3By virtue of the authority vested in me by the Disaster Relief Act of 1974 (; ) [see References to Disaster Relief Act of 1974 note above], 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, , 44 F.R. 43239.]
Secsection 5179 of this title. 3. The Secretary of Agriculture is designated and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by section 412 of the act [] concerning food coupons and distribution.
section 4115(d) of Pub. L. 110–246section 2012 of Title 7[References to a “coupon” provided under the Food and Nutrition Act of 2008 considered to refer to a “benefit” under that Act, see , set out as a note under , Agriculture.]
Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction
section 7704 of this titleFor provisions relating to seismic safety requirements for new construction or total replacement of a building under this chapter after a presidentially declared major disaster or emergency, see Ex. Ord. No. 13717, , 81 F.R. 6407, set out as a note under .