Collapse to view only § 5165. Mitigation planning
- § 5141. Waiver of administrative conditions
- § 5142. Repealed.
- § 5143. Coordinating officers
- § 5144. Emergency support and response teams
- §§ 5145, 5146. Repealed.
- § 5147. Reimbursement of Federal agencies
- § 5148. Nonliability of Federal Government
- § 5149. Performance of services
- § 5150. Use of local firms and individuals
- § 5151. Nondiscrimination in disaster assistance
- § 5152. Use and coordination of relief organizations
- § 5153. Priority to certain applications for public facility and public housing assistance
- § 5154. Insurance
- § 5154a. Prohibited flood disaster assistance
- § 5155. Duplication of benefits
- § 5156. Standards and reviews
- § 5157. Penalties
- § 5158. Availability of materials
- § 5159. Protection of environment
- § 5160. Recovery of assistance
- § 5161. Audits and investigations
- § 5161a. Audit of contracts
- § 5162. Advance of non-Federal share
- § 5163. Limitation on use of sliding scales
- § 5164. Rules and regulations
- § 5165. Mitigation planning
- § 5165a. Minimum standards for public and private structures
- § 5165b. Management costs
- § 5165c. Public notice, comment, and consultation requirements
- § 5165d. Designation of Small State and Rural Advocate
- § 5165e. Integrated plan for administrative cost reduction
- § 5165f. National Urban Search and Rescue Response System
- § 5165g. National veterinary emergency teams
§ 5141. Waiver of administrative conditions
Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State or local authorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster.
(Pub. L. 93–288, title III, § 301, as added Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691.)
§ 5142. Repealed. Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691
§ 5143. Coordinating officers
(a) Appointment of Federal coordinating officer
(b) Functions of Federal coordinating officer
In order to effectuate the purposes of this chapter, the Federal coordinating officer, within the affected area, shall—
(1) make an initial appraisal of the types of relief most urgently needed;
(2) establish such field offices as he deems necessary and as are authorized by the President;
(3) coordinate the administration of relief, including activities of the State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, which agree to operate under his advice or direction, except that nothing contained in this chapter shall limit or in any way affect the responsibilities of the American National Red Cross under chapter 3001 of title 36; and
(4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this chapter, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled.
(c) State coordinating officer
(d) Single Federal coordinating officer for multistate area
(Pub. L. 93–288, title III, § 302, formerly § 303, May 22, 1974, 88 Stat. 147; renumbered § 302 and amended Pub. L. 100–707, title I, § 105(b), Nov. 23, 1988, 102 Stat. 4691; Pub. L. 109–295, title VI, § 687, Oct. 4, 2006, 120 Stat. 1448.)
§ 5144. Emergency support and response teams
(a) Emergency support teams
(b) Emergency response teams
(1) Establishment
In carrying out subsection (a), the President, acting through the Administrator of the Federal Emergency Management Agency, shall establish—
(A) at a minimum 3 national response teams; and
(B) sufficient regional response teams, including Regional Office strike teams under section 317 of title 6; and
(C) other response teams as may be necessary to meet the incident management responsibilities of the Federal Government.
(2) Target capability level
(3) Personnel
(4) Readiness reporting
(Pub. L. 93–288, title III, § 303, formerly § 304, May 22, 1974, 88 Stat. 148; renumbered § 303, Pub. L. 100–707, title I, § 105(c), Nov. 23, 1988, 102 Stat. 4691; amended Pub. L. 109–295, title VI, § 633, Oct. 4, 2006, 120 Stat. 1421; Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
§§ 5145, 5146. Repealed. Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691
§ 5147. Reimbursement of Federal agencies
Federal agencies may be reimbursed for expenditures under this chapter from funds appropriated for the purposes of this chapter. Any funds received by Federal agencies as reimbursement for services or supplies furnished under the authority of this chapter shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies.
(Pub. L. 93–288, title III, § 304, formerly § 307, May 22, 1974, 88 Stat. 149; renumbered § 304, Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691.)
§ 5148. Nonliability of Federal Government
The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this chapter.
(Pub. L. 93–288, title III, § 305, formerly § 308, May 22, 1974, 88 Stat. 149; renumbered § 305, Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691.)
§ 5149. Performance of services
(a) Utilization of services or facilities of State and local governments
(b) Appointment of temporary personnel, experts, and consultants; acquisition, rental, or hire of equipment, services, materials and supplies
In performing any services under this chapter, any Federal agency is authorized—
(1) to appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5 governing appointments in competitive service;
(2) to employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; and
(3) to incur obligations on behalf of the United States by contract or otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel, and communications, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred by an agency in such amount as may be made available to it by the President.
(c) Appointment of temporary personnel in the Federal Emergency Management Agency
(d) Personnel performing service responding to disasters and emergencies
(1) USERRA employment and reemployment rights
(2) Notice of absence from position of employment
(Pub. L. 93–288, title III, § 306, formerly § 309, May 22, 1974, 88 Stat. 149; renumbered § 306, Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691; amended Pub. L. 115–254, div. D, § 1222, Oct. 5, 2018, 132 Stat. 3454; Pub. L. 117–178, § 2, Sept. 29, 2022, 136 Stat. 2110.)
§ 5150. Use of local firms and individuals
(a) Contracts or agreements with private entities
(1) In general
(2) Construction
(3) Specific geographic area
(b) Implementation
(1) Contracts not to entities in area
(2) Transition
(3) Formulation of requirements
(c) Prior contracts
(Pub. L. 93–288, title III, § 307, as added Pub. L. 109–295, title VI, § 694, Oct. 4, 2006, 120 Stat. 1459; amended Pub. L. 109–347, title VI, § 611, Oct. 13, 2006, 120 Stat. 1943.)
§ 5151. Nondiscrimination in disaster assistance
(a) Regulations for equitable and impartial relief operations
(b) Compliance with regulations as prerequisite to participation by other bodies in relief operations
(Pub. L. 93–288, title III, § 308, formerly § 311, May 22, 1974, 88 Stat. 150; renumbered § 308 and amended Pub. L. 100–707, title I, § 105(f), Nov. 23, 1988, 102 Stat. 4691; Pub. L. 109–295, title VI, § 689a, Oct. 4, 2006, 120 Stat. 1449.)
§ 5152. Use and coordination of relief organizations
(a) In providing relief and assistance under this chapter, the President may utilize, with their consent, the personnel and facilities of the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, long-term recovery groups, domestic hunger relief, and other relief, or disaster assistance organizations, in the distribution of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or reconstruction of community services housing and essential facilities, whenever the President finds that such utilization is necessary.
(b) The President is authorized to enter into agreements with the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, long-term recovery groups, domestic hunger relief, and other relief, or disaster assistance organizations under which the disaster relief activities of such organizations may be coordinated by the Federal coordinating officer whenever such organizations are engaged in providing relief during and after a major disaster or emergency. Any such agreement shall include provisions assuring that use of Federal facilities, supplies, and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President under this chapter, and such other regulation as the President may require.
(Pub. L. 93–288, title III, § 309, formerly § 312, May 22, 1974, 88 Stat. 150; renumbered § 309, Pub. L. 100–707, title I, § 105(f), Nov. 23, 1988, 102 Stat. 4691; amended Pub. L. 115–254, div. D, § 1227, Oct. 5, 2018, 132 Stat. 3458.)
§ 5153. Priority to certain applications for public facility and public housing assistance
(a) Priority
In the processing of applications for assistance, priority and immediate consideration shall be given by the head of the appropriate Federal agency, during such period as the President shall prescribe, to applications from public bodies situated in areas affected by major disasters under the following Acts:
(1) The United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] for the provision of low-income housing.
(2) Sections 3502 to 3505 of title 40 for assistance in public works planning.
(3) The Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.].
(4)Section 1926 of title 7.
(5) The Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.].
(6) Subtitle IV of title 40.
(7) The Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.].
(b) Obligation of certain discretionary funds
(Pub. L. 93–288, title III, § 310, as added Pub. L. 100–707, title I, § 105(g), Nov. 23, 1988, 102 Stat. 4691.)
§ 5154. Insurance
(a) Applicants for replacement of damaged facilities
(1) Compliance with certain regulations
(2) Determination
(b) Maintenance of insurance
(c) State acting as self-insurer
(Pub. L. 93–288, title III, § 311, as added Pub. L. 100–707, title I, § 105(h), Nov. 23, 1988, 102 Stat. 4692; amended Pub. L. 103–325, title V, § 521, Sept. 23, 1994, 108 Stat. 2257; Pub. L. 106–390, title II, § 201, Oct. 30, 2000, 114 Stat. 1559.)
§ 5154a. Prohibited flood disaster assistance
(a) General prohibition
(b) Transfer of property
(1) Duty to notify
In the event of the transfer of any property described in paragraph (3), the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writing of the requirements to—
(A) obtain flood insurance in accordance with applicable Federal law with respect to such property, if the property is not so insured as of the date on which the property is transferred; and
(B) maintain flood insurance in accordance with applicable Federal law with respect to such property.
Such written notification shall be contained in documents evidencing the transfer of ownership of the property.
(2) Failure to notify
If a transferor described in paragraph (1) fails to make a notification in accordance with such paragraph and, subsequent to the transfer of the property—
(A) the transferee fails to obtain or maintain flood insurance in accordance with applicable Federal law with respect to the property,
(B) the property is damaged by a flood disaster, and
(C) Federal disaster relief assistance is provided for the repair, replacement, or restoration of the property as a result of such damage,
the transferor shall be required to reimburse the Federal Government in an amount equal to the amount of the Federal disaster relief assistance provided with respect to the property.
(3) Property described
(c) Omitted
(d) “Flood disaster area” defined
For purposes of this section, the term “flood disaster area” means an area with respect to which—
(1) the Secretary of Agriculture finds, or has found, to have been substantially affected by a natural disaster in the United States pursuant to section 1961(a) of title 7; or
(2) the President declares, or has declared, the existence of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), as a result of flood conditions existing in or affecting that area.
(e) Effective date
(Pub. L. 103–325, title V, § 582, Sept. 23, 1994, 108 Stat. 2286.)
§ 5155. Duplication of benefits
(a) General prohibition
(b) Special rules
(1) Limitation
(2) Procedures
(3) Effect of partial benefits
(c) Recovery of duplicative benefits
(d) Assistance not income
(Pub. L. 93–288, title III, § 312, as added Pub. L. 100–707, title I, § 105(i), Nov. 23, 1988, 102 Stat. 4693; amended Pub. L. 115–254, div. D, § 1210(a)(1), (4), Oct. 5, 2018, 132 Stat. 3442, 3443.)
§ 5156. Standards and reviews
The President shall establish comprehensive standards which shall be used to assess the efficiency and effectiveness of Federal major disaster and emergency assistance programs administered under this chapter. The President shall conduct annual reviews of the activities of Federal agencies and State and local governments in major disaster and emergency preparedness and in providing major disaster and emergency assistance in order to assure maximum coordination and effectiveness of such programs and consistency in policies for reimbursement of States under this chapter.
(Pub. L. 93–288, title III, § 313, as added Pub. L. 100–707, title I, § 105(j), Nov. 23, 1988, 102 Stat. 4694.)
§ 5157. Penalties
(a) Misuse of funds
(b) Civil enforcement
(c) Referral to Attorney General
(d) Civil penalty
(Pub. L. 93–288, title III, § 314, as added Pub. L. 100–707, title I, § 105(k), Nov. 23, 1988, 102 Stat. 4694.)
§ 5158. Availability of materials
The President is authorized, at the request of the Governor of an affected State, to provide for a survey of construction materials needed in the area affected by a major disaster on an emergency basis for housing repairs, replacement housing, public facilities repairs and replacement, farming operations, and business enterprises and to take appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the allocation of such materials for a period of not more than one hundred and eighty days after such major disaster. Any allocation program shall be implemented by the President to the extent possible, by working with and through those companies which traditionally supply construction materials in the affected area. For the purposes of this section “construction materials” shall include building materials and materials required for repairing housing, replacement housing, public facilities repairs and replacement, and for normal farm and business operations.
(Pub. L. 93–288, title III, § 315, formerly § 318, May 22, 1974, 88 Stat. 152; renumbered § 315, Pub. L. 100–707, title I, § 105(l), Nov. 23, 1988, 102 Stat. 4694.)
§ 5159. Protection of environment
An action which is taken or assistance which is provided pursuant to section 5170a, 5170b, 5172, 5173, or 5192 of this title, including such assistance provided pursuant to the procedures provided for in section 5189 of this title, which has the effect of restoring a facility substantially to its condition prior to the disaster or emergency, shall not be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]. Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of 1969 to other Federal actions taken under this chapter or under any other provisions of law.
(Pub. L. 93–288, title III, § 316, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4694.)
§ 5160. Recovery of assistance
(a) Party liable
(b) Rendering of care
(Pub. L. 93–288, title III, § 317, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.)
§ 5161. Audits and investigations
(a) In general
(b) Access to records
(c) State and local audits
(Pub. L. 93–288, title III, § 318, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.)
§ 5161a. Audit of contracts
Notwithstanding any other provision of law, the Administrator of the Federal Emergency Management Agency shall not reimburse a State or local government, an Indian tribal government (as defined in section 5122 of this title), or the owner or operator of a private nonprofit facility (as defined in section 5122 of this title) for any activities made pursuant to a contract entered into after August 1, 2017, that prohibits the Administrator or the Comptroller General of the United States from auditing or otherwise reviewing all aspects relating to the contract.
(Pub. L. 115–254, div. D, § 1225, Oct. 5, 2018, 132 Stat. 3458.)
§ 5162. Advance of non-Federal share
(a) In generalThe President may lend or advance to an eligible applicant or a State the portion of assistance for which the State is responsible under the cost-sharing provisions of this chapter in any case in which—
(1) the State is unable to assume its financial responsibility under such cost-sharing provisions—
(A) with respect to concurrent, multiple major disasters in a jurisdiction, or
(B) after incurring extraordinary costs as a result of a particular disaster; and
(2) the damages caused by such disasters or disaster are so overwhelming and severe that it is not possible for the applicant or the State to assume immediately their financial responsibility under this chapter.
(b) Terms of loans and advances
(1) In general
(2) Interest
(c) Regulations
(Pub. L. 93–288, title III, § 319, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.)
§ 5163. Limitation on use of sliding scales
No geographic area shall be precluded from receiving assistance under this chapter solely by virtue of an arithmetic formula or sliding scale based on income or population.
(Pub. L. 93–288, title III, § 320, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4696.)
§ 5164. Rules and regulations
The President may prescribe such rules and regulations as may be necessary and proper to carry out the provisions of this chapter, and may exercise, either directly or through such Federal agency as the President may designate, any power or authority conferred to the President by this chapter.
(Pub. L. 93–288, title III, § 321, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4696.)
§ 5165. Mitigation planning
(a) Requirement of mitigation plan
(b) Local and tribal plans
Each mitigation plan developed by a local or tribal government shall—
(1) describe actions to mitigate hazards, risks, and vulnerabilities identified under the plan; and
(2) establish a strategy to implement those actions.
(c) State plans
The State process of development of a mitigation plan under this section shall—
(1) identify the natural hazards, risks, and vulnerabilities of areas in the State;
(2) support development of local mitigation plans;
(3) provide for technical assistance to local and tribal governments for mitigation planning; and
(4) identify and prioritize mitigation actions that the State will support, as resources become available.
(d) Funding
(1) In general
(2) Maximum Federal contribution
(e) Increased Federal share for hazard mitigation measures
(1) In general
(2) Factors for consideration
In determining whether to increase the maximum percentage under paragraph (1), the President shall consider whether the State has established—
(A) eligibility criteria for property acquisition and other types of mitigation measures;
(B) requirements for cost effectiveness that are related to the eligibility criteria;
(C) a system of priorities that is related to the eligibility criteria; and
(D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the mitigation action is complete.
(Pub. L. 93–288, title III, § 322, as added Pub. L. 106–390, title I, § 104(a), Oct. 30, 2000, 114 Stat. 1558; amended Pub. L. 115–254, div. D, § 1204(b)(2), Oct. 5, 2018, 132 Stat. 3439.)
§ 5165a. Minimum standards for public and private structures
(a) In general
As a condition of receipt of a disaster loan or grant under this chapter—
(1) the recipient shall carry out any repair or construction to be financed with the loan or grant in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications, and standards; and
(2) the President may require safe land use and construction practices, after adequate consultation with appropriate State and local government officials.
(b) Evidence of compliance
(Pub. L. 93–288, title III, § 323, as added Pub. L. 106–390, title I, § 104(a), Oct. 30, 2000, 114 Stat. 1559.)
§ 5165b. Management costs
(a) Definition of management cost
(b) Establishment of management cost rates
(1) In general
(2) Specific management costs
The Administrator of the Federal Emergency Management Agency shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs:
(A) Hazard mitigation
(B) Public assistance
(c) Review
(Pub. L. 93–288, title III, § 324, as added Pub. L. 106–390, title II, § 202(a), Oct. 30, 2000, 114 Stat. 1560; amended Pub. L. 115–254, div. D, § 1215, Oct. 5, 2018, 132 Stat. 3449.)
§ 5165c. Public notice, comment, and consultation requirements
(a) Public notice and comment concerning new or modified policies
(1) In general
The President shall provide for public notice and opportunity for comment before adopting any new or modified policy that—
(A) governs implementation of the public assistance program administered by the Federal Emergency Management Agency under this chapter; and
(B) could result in a significant reduction of assistance under the program.
(2) Application
(b) Consultation concerning interim policies
(1) In general
Before adopting any interim policy under the public assistance program to address specific conditions that relate to a major disaster or emergency that has been declared under this chapter, the President, to the maximum extent practicable, shall solicit the views and recommendations of grantees and subgrantees with respect to the major disaster or emergency concerning the potential interim policy, if the interim policy is likely—
(A) to result in a significant reduction of assistance to applicants for the assistance with respect to the major disaster or emergency; or
(B) to change the terms of a written agreement to which the Federal Government is a party concerning the declaration of the major disaster or emergency.
(2) No legal right of action
(c) Public access
(Pub. L. 93–288, title III, § 325, as added Pub. L. 106–390, title II, § 203, Oct. 30, 2000, 114 Stat. 1560.)
§ 5165d. Designation of Small State and Rural Advocate
(a) In general
(b) Responsibilities
(c) DutiesThe Small State and Rural Advocate shall—
(1) participate in the disaster declaration process under section 5170 of this title and the emergency declaration process under section 5191 of this title, to ensure that the needs of rural communities are being addressed;
(2) assist small population States in the preparation of requests for major disaster or emergency declarations;
(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including—
(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis;
(B) the disaster impacted population profile, as reported by the Bureau of the Census, including—
(i) the percentage of the population for whom poverty status is determined;
(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits;
(iii) the pre-disaster unemployment rate;
(iv) the percentage of the population that is 65 years old and older;
(v) the percentage of the population 18 years old and younger;
(vi) the percentage of the population with a disability;
(vii) the percentage of the population who speak a language other than English and speak English less than “very well”; and
(viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State’s request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph;
(C) the impact to community infrastructure, including—
(i) disruptions to community life-saving and life-sustaining services;
(ii) disruptions or increased demand for essential community services; and
(iii) disruptions to transportation, infrastructure, and utilities; and
(D) any other information relevant to demonstrate severe local impacts; and
(4) conduct such other activities as the Administrator of the Federal Emergency Management Agency considers appropriate.
(Pub. L. 93–288, title III, § 326, as added Pub. L. 109–295, title VI, § 689g(a), Oct. 4, 2006, 120 Stat. 1453; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864; Pub. L. 117–263, div. E, title LVI, § 5601(a), Dec. 23, 2022, 136 Stat. 3402.)
§ 5165e. Integrated plan for administrative cost reduction
(a) In generalNot later than 365 days after February 29, 2016, the Administrator shall—
(1) develop and implement an integrated plan to control and reduce administrative costs for major disasters, which shall include—
(A) steps the Agency will take to reduce administrative costs;
(B) milestones needed for accomplishing the reduction of administrative costs;
(C) strategic goals for the average annual percentage of administrative costs of major disasters for each fiscal year;
(D) the assignment of clear roles and responsibilities, including the designation of officials responsible for monitoring and measuring performance; and
(E) a timetable for implementation;
(2) compare the costs and benefits of tracking the administrative cost data for major disasters by the public assistance, individual assistance, hazard mitigation, and mission assignment programs, and if feasible, track this information; and
(3) clarify Agency guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or subgrantee of a public assistance grant program.
(b) Congressional update
(c) Updates
(Pub. L. 114–132, § 3, Feb. 29, 2016, 130 Stat. 294.)
§ 5165f. National Urban Search and Rescue Response System
(a) Definitions
In this section, the following definitions shall apply:
(1) Administrator
(2) Agency
(3) Hazard
(4) Nonemployee System member
(5) Participating agency
(6) Sponsoring agency
(7) System
(8) System member
(9) Task force
(b) General authority
(c) Functions
(d) Task forces
(1) Designation
(2) Sponsoring agencies
(3) Composition
(A) Participating agencies
(B) Other individuals
(e) Management and technical teams
(f) Appointment of System members into Federal service
(1) In general
(2) Nonapplicability of certain civil service laws
(3) Relationship to other authorities
(4) Limitation
(g) Compensation
(1) Pay of System members
Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force—
(A) to reimburse each employer of a System member on the task force for compensation paid by the employer to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1); and
(B) to make payments directly to a nonemployee System member on the task force for any period during which the nonemployee System member is appointed into Federal service under subsection (f)(1).
(2) Reimbursement for employees filling positions of System members
(A) In general
(B) Limitation
(3) Method of payment
(h) Personal injury, illness, disability, or death
(1) In general
(2) Election of benefits
(A) In general
A System member (or, in the case of the death of the System member, the System member’s dependent) who is entitled under paragraph (1) to receive benefits under subchapter I of chapter 81 of title 5 by reason of personal injury, illness, disability, or death, and to receive benefits from a State or local government by reason of the same personal injury, illness, disability or death shall elect to—
(i) receive benefits under such subchapter; or
(ii) receive benefits from the State or local government.
(B) Deadline
(C) Effect of election
(3) Reimbursement for State or local benefits
(4) Public safety officer claims
(i) Liability
(j) Employment and reemployment rights
With respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency, the following terms and conditions apply:
(1) Service
(2) Preclusion
(k) Licenses and permits
(l) Preparedness cooperative agreements
Subject to the availability of appropriations for such purpose, the Administrator shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes:
(1) Training and exercises, including training and exercises with other Federal, State, and local government response entities.
(2) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment.
(3) Medical monitoring required for responder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Administrator.
(m) Response cooperative agreements
(n) Obligations
(o) Equipment maintenance and replacement
(p) Federal employees
(Pub. L. 93–288, title III, § 327, as added Pub. L. 114–326, § 2(a), Dec. 16, 2016, 130 Stat. 1968; amended Pub. L. 116–48, § 1, Aug. 22, 2019, 133 Stat. 1071.)
§ 5165g. National veterinary emergency teams
(a) In general
(b) ResponsibilitiesA national veterinary emergency team shall—
(1) deploy with a team of the National Urban Search and Rescue Response System to assist with—
(A) veterinary care of canine search teams;
(B) locating and treating companion animals, service animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic diseases;
(2) recruit, train, and certify veterinary professionals, including veterinary students, in accordance with an established set of plans and standard operating guidelines to carry out the duties associated with planning for and responding to major disasters and emergencies as described in paragraph (1);
(3) assist State governments, Indian tribal governments, local governments, and nonprofit organizations in developing emergency management and evacuation plans that account for the care and rescue of animals and in improving local readiness for providing veterinary medical response during an emergency or major disaster; and
(4) coordinate with the Department of Homeland Security, the Department of Health and Human Services, the Department of Agriculture, State, local, and Indian tribal governments (including departments of animal and human health), veterinary and health care professionals, and volunteers.
(Pub. L. 115–254, div. D, § 1218, Oct. 5, 2018, 132 Stat. 3452.)