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 Repealed.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 Repealed.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.
- § 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
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.
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.
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.
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.
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.
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.
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.
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.
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.