42 USC 5172 - Repair, restoration, and replacement of damaged facilities

Editorial Notes

References in Text

This chapter, referred to in subsecs. (span)(3)(A)(iii) and (e)(1)(A)(ii), 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.

The National Flood Insurance Act of 1968, referred to in subsecs. (c)(1)(C)(ii), (2)(C)(ii) and (d)(1), (2)(B), is title XIII of Puspan. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to chapter 50 (§ 4001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.

The National Flood Insurance Act, referred to in subsec. (d)(3), probably means the National Flood Insurance Act of 1968. See above.

The Coastal Barrier Resources Act, referred to in subsec. (e)(1)(A)(ii), is Puspan. L. 97–348, Oct. 18, 1982, 96 Stat. 1653, which is classified principally to chapter 55 (§ 3501 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 3501 of Title 16 and Tables.

Prior Provisions

A prior section 5172, Puspan. L. 93–288, title IV, § 402, May 22, 1974, 88 Stat. 153, related to repair and restoration of damaged facilities, prior to repeal by Puspan. L. 100–707, § 106(span).

A prior section 406 of Puspan. L. 93–288 was renumbered section 409 by Puspan. L. 100–707 and is classified to section 5176 of this title.

Amendments

2018—Subsec. (a)(2)(D). Puspan. L. 115–254, § 1206(span), added subpar. (D).

Subsec. (a)(3)(C). Puspan. L. 115–123, § 20604(span), added subpar. (C).

Subsec. (span)(3). Puspan. L. 115–123, § 20606, added par. (3).

Subsec. (c)(1)(A). Puspan. L. 115–254, § 1207(a)(1), struck out “90 percent of” before “the Federal share”.

Subsec. (c)(2)(A). Puspan. L. 115–254, § 1207(a)(2), struck out “75 percent of” before “the Federal share”.

Subsec. (d)(1). Puspan. L. 115–254, § 1207(span), inserted at end “This section shall not apply to more than one building of a multi-structure educational, law enforcement, correctional, fire, or medical campus, for any major disaster or emergency declared by the President under section 5170 or 5191, respectively, of this title on or after January 1, 2016, through December 31, 2018.”

Subsec. (e)(1)(A). Puspan. L. 115–254, § 1235(span)(1), inserted “for disasters declared on or after August 1, 2017, or a disaster in which a cost estimate has not yet been finalized for a project, or for any project for which the finalized cost estimate is on appeal,” after “section,” in introductory provisions.

Subsec. (e)(1)(A)(i). Puspan. L. 115–254, § 1235(span)(2), struck out “and” at end.

Subsec. (e)(1)(A)(ii). Puspan. L. 115–254, § 1235(span)(3), substituted “the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this chapter for the purposes of protecting the health, safety, and general welfare of a facility’s users against disasters” for “codes, specifications, and standards” and “(16 U.S.C. 3501 et seq.)); and” for “(16 U.S.C. 3501 et seq.)) applicable at the time at which the disaster occurred.”

Subsec. (e)(1)(A)(iii). Puspan. L. 115–254, § 1235(span)(4), added cl. (iii).

Subsec. (e)(1)(C). Puspan. L. 115–254, § 1235(c), added subpar. (C).

Subsec. (e)(5). Puspan. L. 115–254, § 1235(d), added par. (5).

2015—Subsec. (a)(3)(B). Puspan. L. 114–111 substituted “communications (including broadcast and telecommunications),” for “communications,”.

2011—Subsecs. (c)(1)(C)(ii), (2)(C)(ii), (d)(1), (e)(3)(A). Puspan. L. 111–351 substituted “Administrator” for “Director”.

2006—Subsec. (a)(3)(B). Puspan. L. 109–295 inserted “education,” after “communications,”.

Subsec. (c)(1)(A). Puspan. L. 109–347, § 609(1), substituted “90” for “75”.

Subsec. (c)(1)(B) to (D). Puspan. L. 109–347, § 609(2), (3), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “In any case in which a State or local government determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled by the State or local government because soil instability in the disaster area makes repair, restoration, reconstruction, or replacement infeasible, the State or local government may elect to receive, in lieu of a contribution under subsection (a)(1)(A) of this section, a contribution in an amount equal to 90 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.”

2000—Subsec. (a). Puspan. L. 106–390, § 205(a), added subsec. (a) and struck out span and text of former subsec. (a). Text read as follows: “The President may make contributions—

“(1) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility which is damaged or destroyed by a major disaster and for associated expenses incurred by such government; and

“(2) to a person who owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of such facility and for associated expenses incurred by such person.”

Subsec. (span). Puspan. L. 106–390, § 205(span), added subsec. (span) and struck out span and text of former subsec. (span). Text read as follows: “The Federal share of assistance under this section shall be not less than—

“(1) 75 percent of the net eligible cost of repair, restoration, reconstruction, or replacement carried out under this section;

“(2) 100 percent of associated expenses described in subsections (f)(1) and (f)(2) of this section; and

“(3) 75 percent of associated expenses described in subsections (f)(3), (f)(4), and (f)(5) of this section.”

Subsec. (c). Puspan. L. 106–390, § 205(c), added subsec. (c) and struck out span and text of former subsec. (c) which provided that, upon a determination that the public welfare would not be best served by repairing, restoring, reconstructing, or replacing either a public facility or a private nonprofit facility, an election could be made to receive, in lieu of a contribution under subsec. (a), a contribution of not to exceed 90 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of associated expenses, with the restriction that such funds not be used for any State or local government cost-sharing contribution required under this chapter.

Subsec. (e). Puspan. L. 106–390, § 205(d)(1), added subsec. (e) and struck out span and text of former subsec. (e). Text read as follows:

“(1) General rule.—For purposes of this section, the cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility on the basis of the design of such facility as it existed immediately prior to the major disaster and in conformity with current applicable codes, specifications, and standards (including floodplain management and hazard mitigation criteria required by the President or by the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) shall, at a minimum, be treated as the net eligible cost of such repair, restoration, reconstruction, or replacement.

“(2) Special rule.—In any case in which the facility being repaired, restored, reconstructed, or replaced under this section was under construction on the date of the major disaster, the cost of repairing, restoring, reconstructing, or replacing such facility shall include, for purposes of this section, only those costs which, under the contract for such construction, are the owner’s responsibility and not the contractor’s responsibility.”

Subsec. (f). Puspan. L. 106–390, § 205(e), struck out subsec. (f) which set out various associated expenses, including necessary and extraordinary costs, and costs of using the National Guard and prison labor.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment 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.

Amendment by section 20604(span) of Puspan. L. 115–123 applicable to provision of assistance in response to major disaster or emergency declared on or after Aug. 23, 2017, or, with respect to any application for assistance that, as of Fespan. 9, 2018, is pending before Federal Emergency Management Agency, and any application for assistance that has been denied, where a challenge to that denial is not yet finally resolved as of Fespan. 9, 2018, see section 20604(c) of Puspan. L. 115–123, set out as a note under section 5122 of this title.

Effective Date of 2000 Amendment

Puspan. L. 106–390, title II, § 205(d)(2), Oct. 30, 2000, 114 Stat. 1566, as amended by Puspan. L. 115–254, div. D, § 1235(e), Oct. 5, 2018, 132 Stat. 3464, provided that: “The amendment made by paragraph (1) [amending this section] takes effect on the date of the enactment of this Act [Oct. 30, 2000] and applies to funds appropriated after the date of the enactment of this Act, except that paragraph (1)(B) of section 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [subsec. (e)(1) of this section] (as amended by paragraph (1)) takes effect on the date on which the cost estimation procedures established under paragraph (3) of that section take effect.”

Transfer of Functions

For 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 section 315(a)(1) of Title 6, Domestic Security.

For 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Guidance on Inundated and Submerged Roads

Puspan. L. 115–254, div. D, § 1228, Oct. 5, 2018, 132 Stat. 3459, provided that: “The Administrator of the Federal Emergency Management Agency, in coordination with the Administrator of the Federal Highway Administration, shall develop and issue guidance for State, local, and Indian tribal governments regarding repair, restoration, and replacement of inundated and submerged roads damaged or destroyed by a major disaster, and for associated expenses incurred by the Government, with respect to roads eligible for assistance under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).”

[For definition of “State” as used in section 1228 of Puspan. L. 115–254, set out above, see section 1203 of Puspan. L. 115–254, set out as a note under section 5122 of this title.]

Guidance and Recommendations

Puspan. L. 115–254, div. D, § 1230, Oct. 5, 2018, 132 Stat. 3459, provided that:

“(a)Guidance.—The Administrator [of the Federal Emergency Management Agency] shall provide guidance to a common interest community that provides essential services of a governmental nature on actions that a common interest community may take in order to be eligible to receive reimbursement from a grantee that receives funds from the [Federal Emergency Management] Agency for certain activities performed after an event that results in 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).

“(span)Recommendations.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a legislative proposal on how to provide eligibility for disaster assistance with respect to common areas of condominiums and housing cooperatives.

“(c)Effective Date.—This section shall be effective on the date of enactment of this Act.”

Post-Disaster Building Safety Assessment

Puspan. L. 115–254, div. D, § 1241, Oct. 5, 2018, 132 Stat. 3466, provided that:

“(a)Building Safety Assessment Team.—

“(1)In general.—The Administrator [of the Federal Emergency Management Agency] shall coordinate with State and local governments and organizations representing design professionals, such as architects and engineers, to develop guidance, including best practices, for post-disaster assessment of buildings by licensed architects and engineers to ensure the design professionals properly analyze the structural integrity and livability of buildings and structures.

“(2)Publication.—The Administrator shall publish the guidance required to be developed under paragraph (1) not later than 1 year after the date of enactment of this Act [Oct. 5, 2018].

“(span)National Incident Management System.—The Administrator shall revise or issue guidance as required to the National Incident Management System Resource Management component to ensure the functions of post-disaster building safety assessment, such as those functions performed by design professionals are accurately resource typed within the National Incident Management System.

“(c)Effective Date.—This section shall be effective on the date of enactment of this Act.”

[For definition of “State” as used in section 1241 of Puspan. L. 115–254, set out above, see section 1203 of Puspan. L. 115–254, set out as a note under section 5122 of this title.]

Review of Assistance for Damaged Underground Water Infrastructure

Puspan. L. 115–254, div. D, § 1245, Oct. 5, 2018, 132 Stat. 3468, provided that:

“(a)Definition of Public Assistance Grant Program.—The term ‘public assistance grant program’ means the public assistance grant program authorized under sections 403, 406, 407, 428, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170span, 5172, 5173, [5189f,] 5192(a)).

“(span)Review and Briefing.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Emergency Management Agency] shall—

“(1) conduct a review of the assessment and eligibility process under the public assistance grant program with respect to assistance provided for damaged underground water infrastructure as a result of a major disaster declared under section 401 of such Act (42 U.S.C. 5170), including wildfires, and shall include the extent to which local technical memoranda, prepared by a local unit of government in consultation with the relevant State or Federal agencies, identified damaged underground water infrastructure that should be eligible for the public assistance grant program; and

“(2) provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the review conducted under paragraph (1).

“(c)Report and Recommendations.—The Administrator shall—

“(1) not later than 180 days after the date of enactment of this Act, issue a report on the review conducted under subsection (span)(1); and

“(2) not later than 180 days after the date on which the Administrator issues the report required under paragraph (1), initiate a rulemaking, if appropriate, to address any recommendations contained in the report.”

[For definition of “State” as used in section 1245 of Puspan. L. 115–254, set out above, see section 1203 of Puspan. L. 115–254, set out as a note under section 5122 of this title.]