Editorial Notes
References in TextThis chapter, referred to in subsecs. (e)(1)(B)(iv), (g)(5), (10), and (i), was in the original “this Act”, meaning Puspan. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
Amendments2018—Subsec. (c). Puspan. L. 115–254, § 1234(a)(1), inserted “Public Infrastructure” after “National”.
Subsec. (e)(1)(B)(iv). Puspan. L. 115–254, § 1234(a)(2), added cl. (iv).
Subsec. (f)(1). Puspan. L. 115–254, § 1234(a)(3)(A), inserted “for mitigation activities that are cost effective” after “competitive basis”.
Subsec. (f)(3). Puspan. L. 115–254, § 1234(a)(3)(B), added par. (3).
Subsec. (g). Puspan. L. 115–254, § 1234(a)(4)(A), in introductory provisions, inserted “provide financial assistance only in States that have received a major disaster declaration in the previous 7 years, or to any Indian tribal government located partially or entirely within the boundaries of such States, and” after “the President shall”.
Subsec. (g)(10) to (12). Puspan. L. 115–254, § 1234(a)(4)(B)–(D), added pars. (10) and (11) and redesignated former par. (10) as (12).
Subsec. (i). Puspan. L. 115–254, § 1234(a)(5), added subsec. (i) and struck out former subsec. (i) which related to National Predisaster Mitigation Fund.
Subsecs. (j) to (l). Puspan. L. 115–254, § 1234(a)(6), (7), redesignated subsecs. (k), (l), and (n) as (j), (k), and (l), respectively, and struck out former subsec. (j) which related to limitation on total amount of financial assistance.
Subsec. (m). Puspan. L. 115–254, § 1234(d), struck out subsec. (m) which defined the term “latest published editions” for subsecs. (e)(1)(B)(iv) and (g)(10).
Puspan. L. 115–254, § 1234(a)(6), (8), added subsec. (m) and struck out former subsec. (m) which related to authorization of appropriations.
Subsec. (n). Puspan. L. 115–254, § 1234(a)(7), redesignated subsec. (n) as (l).
2011—Subsec. (f). Puspan. L. 111–351, § 3(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to a different allocation of funds.
Subsec. (m). Puspan. L. 111–351, § 3(span), amended subsec. (m) generally. Prior to amendment, subsec. (m) related to the termination of this section on Sept. 30, 2010.
Subsec. (n). Puspan. L. 111–351, § 4, added subsec. (n).
2009—Subsec. (m). Puspan. L. 111–83 substituted “September 30, 2010” for “September 30, 2009”.
2008—Subsec. (m). Puspan. L. 110–329 substituted “September 30, 2009” for “September 30, 2008”.
2005—Subsec. (m). Puspan. L. 109–139 substituted “September 30, 2008” for “December 31, 2005”.
2004—Subsec. (m). Puspan. L. 108–447 substituted “2005” for “2004”.
Puspan. L. 108–199 substituted “2004” for “2003”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Puspan. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Puspan. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Puspan. L. 115–254, set out as a note under section 5121 of this title.
Puspan. L. 115–254, div. D, § 1234(span), Oct. 5, 2018, 132 Stat. 3462, provided that: “The amendments made to section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) of subsection (a) shall apply to funds appropriated on or after the date of enactment of this Act [Oct. 5, 2018].”
Puspan. L. 115–254, div. D, § 1234(d), Oct. 5, 2018, 132 Stat. 3463, provided that the amendment made by section 1234(d) is effective on the date that is 5 years after Oct. 5, 2018.
FindingsPuspan. L. 111–351, § 2, Jan. 4, 2011, 124 Stat. 3863, provided that: “Congress finds the following:“(1) The predisaster hazard mitigation program has been successful and cost-effective. Funding from the predisaster hazard mitigation program has successfully reduced loss of life, personal injuries, damage to and destruction of property, and disruption of communities from disasters.
“(2) The predisaster hazard mitigation program has saved Federal taxpayers from spending significant sums on disaster recovery and relief that would have been otherwise incurred had communities not successfully applied mitigation techniques.
“(3) A 2007 Congressional Budget Office report found that the predisaster hazard mitigation program reduced losses by roughly $3 (measured in 2007 dollars) for each dollar invested in mitigation efforts funded under the predisaster hazard mitigation program. Moreover, the Congressional Budget Office found that projects funded under the predisaster hazard mitigation program could lower the need for post-disaster assistance from the Federal Government so that the predisaster hazard mitigation investment by the Federal Government would actually save taxpayer funds.
“(4) A 2005 report by the Multihazard Mitigation Council showed substantial benefits and cost savings from the hazard mitigation programs of the Federal Emergency Management Agency generally. Looking at a range of hazard mitigation programs of the Federal Emergency Management Agency, the study found that, on average, $1 invested by the Federal Emergency Management Agency in hazard mitigation provided the Nation with roughly $4 in benefits. Moreover, the report projected that the mitigation grants awarded between 1993 and 2003 would save more than 220 lives and prevent nearly 4,700 injuries over approximately 50 years.
“(5) Given the substantial savings generated from the predisaster hazard mitigation program in the years following the provision of assistance under the program, increasing funds appropriated for the program would be a wise investment.”
Findings and PurposePuspan. L. 106–390, title I, § 101, Oct. 30, 2000, 114 Stat. 1552, provided that:“(a)Findings.—Congress finds that—“(1) natural disasters, including earthquakes, tsunamis, tornadoes, hurricanes, flooding, and wildfires, pose great danger to human life and to property throughout the United States;
“(2) greater emphasis needs to be placed on—“(A) identifying and assessing the risks to States and local governments (including Indian tribes) from natural disasters;
“(B) implementing adequate measures to reduce losses from natural disasters; and
“(C) ensuring that the critical services and facilities of communities will continue to function after a natural disaster;
“(3) expenditures for postdisaster assistance are increasing without commensurate reductions in the likelihood of future losses from natural disasters;
“(4) in the expenditure of Federal funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), high priority should be given to mitigation of hazards at the local level; and “(5) with a unified effort of economic incentives, awareness and education, technical assistance, and demonstrated Federal support, States and local governments (including Indian tribes) will be able to—“(A) form effective community-based partnerships for hazard mitigation purposes;
“(B) implement effective hazard mitigation measures that reduce the potential damage from natural disasters;
“(C) ensure continued functionality of critical services;
“(D) leverage additional non-Federal resources in meeting natural disaster resistance goals; and
“(E) make commitments to long-term hazard mitigation efforts to be applied to new and existing structures.
“(span)Purpose.—The purpose of this title [enacting this section and sections 5134, 5165 and 5165a of this title, amending section 5170c of this title, and repealing section 5176 of this title] is to establish a national disaster hazard mitigation program—“(1) to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural disasters; and
“(2) to provide a source of predisaster hazard mitigation funding that will assist States and local governments (including Indian tribes) in implementing effective hazard mitigation measures that are designed to ensure the continued functionality of critical services and facilities after a natural disaster.”
Definitions; Red Flag Warnings and Predisaster ActionsPuspan. L. 117–251, §§ 2, 4, Dec. 20, 2022, 136 Stat. 2354, 2356, provided that:“SEC. 2.Definitions.—In this Act [see section 1 of Puspan. L. 117–251, set out as a Short Title of 2022 Amendment note under section 5121 of this title]—“(1) the term ‘Administrator’ means the Administrator of the Agency;
“(2) the term ‘Agency’ means the Federal Emergency Management Agency;
“(3) the term ‘appropriate committees of Congress’ means—“(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and
“(B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives;
“(4) the term ‘emergency’ means an emergency declared or determined to exist by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191); “(5) the terms ‘Indian tribal government’, ‘local government’, and ‘State’ have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and “(6) the term ‘major disaster’ means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). “SEC. 4.Red Flag Warnings and Predisaster Actions.—Not later than 1 year after the date of enactment of this Act [Dec. 20, 2022], the Administrator, in coordination with the National Weather Service of the National Oceanic and Atmospheric Administration, shall—“(1) conduct a study of, develop recommendations for, and initiate a process for the use of forecasts and data, including information that supports the Red Flag Warnings of the National Oceanic and Atmospheric Administration and similar weather alert and notification methods, to establish—“(A) plans and actions, consistent with law, that can be implemented prior to a wildfire event, including pre-impact disaster declarations and surge operations, that can limit the impact, duration, or severity of the fire; and
“(B) mechanisms to increase interagency collaboration to expedite the delivery of disaster assistance; and
“(2) submit to the appropriate committees of Congress a comprehensive report regarding the study described in paragraph (1), including any recommendations of the Administrator, and the activities of the Administrator to carry out paragraph (1).”
