
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-390 Section 1(a)]
[Document affected by Public Law 106-390 Section 208]
[Document affected by Public Law 106-390 Section 209]
[Document affected by Public Law 106-390 Section 301]
[Document affected by Public Law 106-390 Section 308]
[CITE: 42USC5121]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
          SUBCHAPTER I--FINDINGS, DECLARATIONS, AND DEFINITIONS
 
Sec. 5121. Congressional findings and declarations

    (a) The Congress hereby finds and declares that--
        (1) 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; and
        (6) providing Federal assistance programs for both public and 
    private losses sustained in disasters \1\
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    \1\ So in original. Probably should be followed by a period.
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(Pub. L. 93-288, title I, Sec. 101, May 22, 1974, 88 Stat. 143; Pub. L. 
100-707, title I, Sec. 103(a), Nov. 23, 1988, 102 Stat. 4689.)

                       References in Text

    This chapter, referred to in subsec. (b), was in the original ``this 
Act'', meaning Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended. 
For complete classification of this Act to the Code, see Short Title 
note set out below and Tables.


                               Amendments

    1988--Subsec. (b)(7). Pub. L. 100-707 struck out par. (7) expressing 
Congressional intent to provide disaster assistance through a long-range 
economic recovery program for major disaster areas.


                             Effective Date

    Section 605 of Pub. L. 93-288 provided that Pub. L. 93-288 was 
effective Apr. 1, 1974, with the exception of section 5178 of this 
title, prior to repeal by Pub. L. 100-707, title I, Sec. 108(b), Nov. 
23, 1988, 102 Stat. 4708.


                      Short Title of 1993 Amendment

    Pub. L. 103-181, Sec. 1, Dec. 3, 1993, 107 Stat. 2054, provided 
that: ``This Act [amending section 5170c of this title 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'.''


                      Short Title of 1988 Amendment

    Section 101(a) of title I of Pub. L. 100-707 provided that: ``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 1715l of Title 12, Banks and Banking, section 636 of 
Title 15, Commerce and Trade, sections 1536 and 3505 of Title 16, 
Conservation, sections 241-1 and 646 of Title 20, Education, section 125 
of Title 23, Highways, sections 165, 5064, and 5708 of Title 26, 
Internal Revenue Code, section 701n of Title 33, 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 section 1681 of Title 48, 
Territories and Insular Possessions, and repealing provisions set out as 
notes under this section and former section 5178 of this title] may be 
cited as `The Disaster Relief and Emergency Assistance Amendments of 
1988'.''


                      Short Title of 1980 Amendment

    Pub. L. 96-568, Sec. 1, Dec. 23, 1980, 94 Stat. 3334, provided: 
``That this Act [amending section 5202 of this title] may be cited as 
the `Disaster Relief Act Amendments of 1980'.''


                               Short Title

    Section 1 of Pub. L. 93-288, as amended by Pub. L. 100-707, title I, 
Sec. 102(a), Nov. 23, 1988, 102 Stat. 4689, provided: ``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, 1715l 
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 
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 section 
1681 of Title 48, Territories and Insular Possessions] may be cited as 
`The Robert T. Stafford Disaster Relief and Emergency Assistance Act'.''

                         Delegation of Functions

    Functions of the President under the Disaster Relief Acts of 1970 
and 1974, with certain exceptions, were delegated to the Director of the 
Federal Emergency Management Agency, see sections 4-201 and 4-203 of Ex. 
Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out as a note under 
section 5195 of this title.


                References to Disaster Relief Act of 1974

    Section 102(b) of title I of Pub. L. 100-707 provided that: 
``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 Pub. L. 93-288], 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 
[Pub. L. 93-288, see Short Title note above].''


                References to Disaster Relief Act of 1970

    Section 702(m), formerly section 602(m), of Pub. L. 93-288, as 
renumbered by Pub. L. 103-337, div. C, title XXXIV, Sec. 3411(a)(1), 
(2), Oct. 5, 1994, 108 Stat. 3100, provided that: ``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 (84 Stat. 
1744), repealed by this Act such reference shall be deemed to be a 
reference to the appropriate provision of this Act.''


                         National Drought Policy

    Pub. L. 105-199, July 16, 1998, 112 Stat. 641, as amended by Pub. L. 
106-78, title VII, Sec. 753, Oct. 22, 1999, 113 Stat. 1170, provided 
that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `National Drought Policy Act of 
1998'.
``SEC. 2. FINDINGS.
    ``Congress finds that--
        ``(1) the United States often suffers serious economic and 
    environmental losses from severe regional droughts and there is no 
    coordinated Federal strategy to respond to such emergencies;
        ``(2) at the Federal level, even though historically there have 
    been frequent, significant droughts of national consequences, 
    drought is addressed mainly through special legislation and ad hoc 
    action rather than through a systematic and permanent process as 
    occurs with other natural disasters;
        ``(3) there is an increasing need, particularly at the Federal 
    level, to emphasize preparedness, mitigation, and risk management 
    (rather than simply crisis management) when addressing drought and 
    other natural disasters or emergencies;
        ``(4) several Federal agencies have a role in drought from 
    predicting, forecasting, and monitoring of drought conditions to the 
    provision of planning, technical, and financial assistance;
        ``(5) there is no single Federal agency in a lead or 
    coordinating role with regard to drought;
        ``(6) State, local, and tribal governments have had to deal 
    individually and separately with each Federal agency involved in 
    drought assistance; and
        ``(7) the President should appoint an advisory commission to 
    provide advice and recommendations on the creation of an integrated, 
    coordinated Federal policy designed to prepare for, mitigate the 
    impacts of, respond to, and recover from serious drought 
    emergencies.
``SEC. 3. ESTABLISHMENT OF COMMISSION.
    ``(a) Establishment.--There is established a commission to be known 
as the National Drought Policy Commission (hereafter in this Act 
referred to as the `Commission').
    ``(b) Membership.--
        ``(1) Composition.--The Commission shall be composed of 16 
    members. The members of the Commission shall include--
            ``(A) the Secretary of Agriculture, or the designee of the 
        Secretary, who shall chair the Commission;
            ``(B) the Secretary of the Interior, or the designee of the 
        Secretary;
            ``(C) the Secretary of the Army, or the designee of the 
        Secretary;
            ``(D) the Secretary of Commerce, or the designee of the 
        Secretary;
            ``(E) the Director of the Federal Emergency Management 
        Agency, or the designee of the Director;
            ``(F) the Administrator of the Small Business 
        Administration, or the designee of the Administrator;
            ``(G) two governors, who may be represented on the 
        Commission by their respective designees, nominated by the 
        National Governors' Association and appointed by the President, 
        of whom--
                ``(i) one shall be the governor of a State east of the 
            Mississippi River; and
                ``(ii) one shall be a governor of a State west of the 
            Mississippi River;
            ``(H) a person nominated by the National Association of 
        Counties and appointed by the President;
            ``(I) a person nominated by the United States Conference of 
        Mayors and appointed by the President; and
            ``(J) six persons, appointed by the Secretary of Agriculture 
        in coordination with the Secretary of the Interior and the 
        Secretary of the Army, who shall be representative of groups 
        acutely affected by drought emergencies, such as the 
        agricultural production community, the credit community, rural 
        and urban water associations, Native Americans, and fishing and 
        environmental interests.
        ``(2) Date.--The appointments of the members of the Commission 
    shall be made no later than 60 days after the date of the enactment 
    of this Act [July 16, 1998].
    ``(c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    ``(d) Initial Meeting.--No later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold its first meeting.
    ``(e) Meetings.--The Commission shall meet at the call of the chair.
    ``(f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    ``(g) Vice Chair.--The Commission shall select a vice chair from 
among the members who are not Federal officers or employees.
``SEC. 4. DUTIES OF THE COMMISSION.
    ``(a) Study and Report.--The Commission shall conduct a thorough 
study and submit a report on national drought policy in accordance with 
this section.
    ``(b) Content of Study and Report.--In conducting the study and 
report, the Commission shall--
        ``(1) determine, in consultation with the National Drought 
    Mitigation Center in Lincoln, Nebraska, and other appropriate 
    entities, what needs exist on the Federal, State, local, and tribal 
    levels to prepare for and respond to drought emergencies;
        ``(2) review all existing Federal laws and programs relating to 
    drought;
        ``(3) review State, local, and tribal laws and programs relating 
    to drought that the Commission finds pertinent;
        ``(4) determine what differences exist between the needs of 
    those affected by drought and the Federal laws and programs designed 
    to mitigate the impacts of and respond to drought;
        ``(5) collaborate with the Western Drought Coordination Council 
    and other appropriate entities in order to consider regional drought 
    initiatives and the application of such initiatives at the national 
    level;
        ``(6) make recommendations on how Federal drought laws and 
    programs can be better integrated with ongoing State, local, and 
    tribal programs into a comprehensive national policy to mitigate the 
    impacts of and respond to drought emergencies without diminishing 
    the rights of States to control water through State law and 
    considering the need for protection of the environment;
        ``(7) make recommendations on improving public awareness of the 
    need for drought mitigation, and prevention; and response on 
    developing a coordinated approach to drought mitigation, prevention, 
    and response by governmental and nongovernmental entities, including 
    academic, private, and nonprofit interests; and
        ``(8) include a recommendation on whether all Federal drought 
    preparation and response programs should be consolidated under one 
    existing Federal agency and, if so, identify such agency.
    ``(c) Submission of Report.--
        ``(1) In general.--No later than 18 months after the date of the 
    enactment of this Act [July 16, 1998], the Commission shall submit a 
    report to the President and Congress which shall contain a detailed 
    statement of the findings and conclusions of the Commission, 
    together with its recommendations for such legislation and 
    administrative actions as it considers appropriate.
        ``(2) Approval of report.--Before submission of the report, the 
    contents of the report shall be approved by unanimous consent or 
    majority vote. If the report is approved by majority vote, members 
    voting not to approve the contents shall be given the opportunity to 
    submit dissenting views with the report.
``SEC. 5. POWERS OF THE COMMISSION.
    ``(a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such evidence 
as the Commission considers necessary to carry out the purposes of this 
Act.
    ``(b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out the provisions of this Act. 
Upon request of the chair of the Commission, the head of such department 
or agency shall furnish such information to the Commission.
    ``(c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    ``(d) Gifts.--The Commission may accept, use, and dispose of gifts 
or donations of services or property.
``SEC. 6. COMMISSION PERSONNEL MATTERS.
    ``(a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall not be 
compensated for service on the Commission, except as provided under 
subsection (b). All members of the Commission who are officers or 
employees of the United States shall serve without compensation in 
addition to that received for their services as officers or employees of 
the United States.
    ``(b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from their homes or 
regular places of business in the performance of services for the 
Commission.
    ``(c) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    ``(d) Administrative Support.--The Secretary of Agriculture shall 
provide all financial, administrative, and staff support services for 
the Commission.
``SEC. 7. TERMINATION OF THE COMMISSION.
    ``The Commission shall terminate 90 days after the date on which the 
Commission submits its report under section 4.''


 Recommendations Concerning Improvement of Relationships Among Disaster 
                          Management Officials

    Section 110 of Pub. L. 100-707 provided that: ``Not later than 1 
year after the date of the enactment of this Act [Nov. 23, 1988], the 
President shall 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. Such 
proposals should include provisions which--
        ``(1) decrease the amount of time for processing requests for 
    major disaster and emergency declarations and providing Federal 
    assistance for major disasters and emergencies;
        ``(2) provide for more effective utilization of State and local 
    resources in major disaster and emergency relief efforts; and
        ``(3) improve the timeliness of reimbursement of State and local 
    governments after the submission of necessary documentation.''
    [Functions of President under section 110 of Pub. L. 100-707 
delegated to Director of Federal Emergency Management Agency by section 
4 of Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, set out as a note 
under section 5195 of this title.]


             Declared Disasters and Emergencies Not Affected

    Section 112 of title I of Pub. L. 100-707 provided that: ``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 
[Nov. 23, 1988].''

                        Executive Order No. 11749

    Ex. Ord. No. 11749, Dec. 10, 1973, 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, July 20, 1979, 44 F.R. 
43239, set out as a note under section 5195 of this title.

        Ex. Ord. No. 11795. Delegation of Presidential Functions

    Ex. Ord. No. 11795, July 11, 1974, 39 F.R. 25939, as amended by Ex. 
Ord. No. 11910, Apr. 13, 1976, 41 F.R. 15681; Ex. Ord. No. 12148, July 
20, 1979, 44 F.R. 43239; Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 
12571, provided:
    By virtue of the authority vested in me by the Disaster Relief Act 
of 1974 (Public Law 93-288; 88 Stat. 143) [see References to Disaster 
Relief Act of 1974 note above], section 301 of title 3 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, Sec. 5-111, July 
20, 1979, 44 F.R. 43239.]
    Sec. 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 [section 5179 of this title] concerning food coupons and 
distribution.
    [Sec. 4. Revoked by Ex. Ord. No. 12148, Sec. 5-111, July 20, 1979, 
44 F.R. 43239.]

   Seismic Safety of Federal and Federally Assisted or Regulated New 
                          Building Construction

    For 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. 
12699, Jan. 5, 1990, 55 F.R. 835, set out as a note under section 7704 
of this title.
