Editorial Notes
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. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Amendments
2022—Subsec. (b)(7). Pub. L. 117–255 added par. (7).
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.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–254, div. D, § 1202, Oct. 5, 2018, 132 Stat. 3438, provided that:
“(a) Applicability for Stafford Act.—
Except as otherwise expressly provided, the amendments in this division [see
section 1201 of Pub. L. 115–254, set out as a Short Title of 2018 Amendment note below] to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5121 et seq.) apply to each major disaster and emergency declared by the President on or after
August 1, 2017, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
“(b) Division Applicability.—
Except as otherwise expressly provided, the authorities provided under this division [div. D (§§ 1201–1246) of
Pub. L. 115–254] apply to each major disaster and emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act on or after
January 1, 2016.”
Effective Date
Pub. L. 93–288, title VI, § 605, May 22, 1974, 88 Stat. 164, 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, § 108(b), Nov. 23, 1988, 102 Stat. 4708.
Short Title of 2022 Amendment
Pub. L. 117–263, div. G, title LXXIII, § 7311, Dec. 23, 2022, 136 Stat. 3689, provided that:
“This subtitle [subtitle B (§§ 7311–7315) of title LXXIII of div. G of
Pub. L. 117–263, enacting
section 5136a of this title and provisions set out as notes under
section 5136a of this title] may be cited as the ‘Technological Hazards Preparedness and Training Act of 2022’.”
Pub. L. 117–255, § 1, Dec. 20, 2022, 136 Stat. 2363, provided that:
“This Act [enacting
section 5136 of this title, amending this section, and enacting provisions set out as notes under
section 5136 of this title] may be cited as the ‘Community Disaster Resilience Zones Act of 2022’.”
Pub. L. 117–251, § 1, Dec. 20, 2022, 136 Stat. 2354, provided that:
“This Act [amending sections
5183,
5189d, and
5196c of this title and enacting provisions set out as notes under sections
5131,
5183,
5189d, and
5196c of this title] may be cited as the ‘FEMA Improvement, Reform, and Efficiency Act of 2022’ or the ‘FIRE Act’.”
Pub. L. 117–189, § 1, Oct. 10, 2022, 136 Stat. 2204, provided that:
“This Act [amending
section 5189 of this title and enacting provisions set out as a note under
section 5189 of this title] may be cited as the ‘Small Project Efficient and Effective Disaster Recovery Act’ or the ‘SPEED Recovery Act’.”
Short Title of 2018 Amendment
Pub. L. 115–254, div. D, § 1201, Oct. 5, 2018, 132 Stat. 3438, provided that:
“This division [div. D (§§ 1201–1246) of
Pub. L. 115–254, enacting sections 5161a, 5165g, 5174a, 5174b, 5189h, 5196g, and 5205a of this title, and
section 748a of Title 6, Domestic Security, amending sections 3149, 5122, 5133, 5149, 5152, 5155, 5165, 5165b, 5170a to 5170c, 5172, 5174, 5187, 5189a, 5189f, 5205 of this title, and sections 761 and 762 of Title 6, enacting provisions set out as notes under this section and sections 5122, 5133, 5155, 5170, 5170c, 5172, 5174, 5187, 5189g, 5205 of this title, and
section 721 of Title 6, and amending provisions set out as a note under
section 5172 of this title] may be cited as the ‘Disaster Recovery Reform Act of 2018’.”
Short Title of 2017 Amendment
Pub. L. 115–87, § 1, Nov. 21, 2017, 131 Stat. 1277, provided that:
“This Act [enacting provisions set out as a note under this section] may be cited as the ‘FEMA Accountability, Modernization and Transparency Act of 2017’.”
Short Title of 2016 Amendment
Pub. L. 114–326, § 1, Dec. 16, 2016, 130 Stat. 1968, provided that:
“This Act [enacting
section 5165f of this title, amending
section 8101 of Title 5, Government Organization and Employees, and
section 4303 of Title 38, Veterans’ Benefits, and enacting and amending provisions set out as notes under
section 3791 of this title] may be cited as the ‘National Urban Search and Rescue Response System Act of 2016’.”
Pub. L. 114–132, § 1, Feb. 29, 2016, 130 Stat. 293, provided that:
“This Act [enacting
section 5165e of this title and provisions set out as notes under
section 5165e of this title] may be cited as the ‘Directing Dollars to Disaster Relief Act of 2015’.”
Short Title of 2015 Amendment
Pub. L. 114–111, § 1, Dec. 18, 2015, 129 Stat. 2240, provided that:
“This Act [amending sections
5122 and
5172 of this title] may be cited as the ‘Emergency Information Improvement Act of 2015’.”
Short Title of 2013 Amendment
Pub. L. 113–2, div. B, § 1101(a), Jan. 29, 2013, 127 Stat. 39, provided that:
“This division [enacting sections
5123,
5189f, and
5189g of this title, amending sections
5122,
5170,
5170b,
5170c,
5174,
5189,
5189e, and
5191 of this title, and enacting provisions set out as notes under sections
5122,
5170,
5170c, and
5189a of this title] may be cited as the ‘Sandy Recovery Improvement Act of 2013’.”
Short Title of 2011 Amendment
Pub. L. 111–351, § 1, Jan. 4, 2011, 124 Stat. 3863, provided that:
“This Act [amending sections
5133,
5134,
5144,
5165d,
5170c,
5172,
5195a,
5195b,
5196 to
5196b,
5196f,
5197 to
5197c, and
5197h of this title and enacting provisions set out as a note under
section 5133 of this title] may be cited as the ‘Predisaster Hazard Mitigation Act of 2010’.”
Short Title of 2006 Amendment
Pub. L. 109–308, § 1, Oct. 6, 2006, 120 Stat. 1725, provided that:
“This Act [amending sections
5170b,
5196, and
5196b of this title] may be cited as the ‘Pets Evacuation and Transportation Standards Act of 2006’.”
Pub. L. 109–218, § 1, Apr. 20, 2006, 120 Stat. 333, provided that:
“This Act [amending
section 5150 of this title] may be cited as the ‘Local Community Recovery Act of 2006’.”
Short Title of 2000 Amendment
Pub. L. 106–390, § 1(a), Oct. 30, 2000, 114 Stat. 1552, provided that:
“This Act [enacting sections
5133,
5134,
5165 to
5165c,
5205, and
5206 of this title, amending sections
3796b,
5122,
5154,
5170c,
5172,
5174,
5184,
5187, and
5192 of this title, repealing sections
5176 and
5178 of this title, and enacting provisions set out as notes under this section and sections
3796b,
5133,
5165b,
5172,
5174, and
5187 of this title] may be cited as the ‘Disaster Mitigation Act of 2000’.”
Short Title of 1993 Amendment
Pub. L. 103–181, § 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
Pub. L. 100–707, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4689, 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 1715
l 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
Pub. L. 93–288, § 1, May 22, 1974, 88 Stat. 143, as amended by Pub. L. 100–707, title I, § 102(a), Nov. 23, 1988, 102 Stat. 4689; Pub. L. 106–390, title III, § 301, Oct. 30, 2000, 114 Stat. 1572, 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, 1715
l 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 former 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’.”
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.
References to Disaster Relief Act of 1974
Pub. L. 100–707, title I, § 102(b), Nov. 23, 1988, 102 Stat. 4689, 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
Pub. L. 93–288, title VII, § 702(m), formerly title VI, § 602(m), May 22, 1974, 88 Stat. 164, as renumbered by Pub. L. 103–337, div. C, title XXXIV, § 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.”
Requirements for Grant Systems Modernization
Pub. L. 115–87, § 2, Nov. 21, 2017, 131 Stat. 1277, provided that:
“(a) In General.—The Administrator of the Federal Emergency Management Agency shall ensure the ongoing modernization of the grant systems for the administration of assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) includes the following:
“(1)
An online interface, including online assistance, for applicants to complete application forms, submit materials, and access the status of applications.
“(2)
Mechanisms to eliminate duplication of benefits.
“(3)
If appropriate, enable the sharing of information among agencies and with State, local, and tribal governments, to eliminate the need to file multiple applications and speed disaster recovery.
“(4)
Any additional tools the Administrator determines will improve the implementation of this section.
“(b) Implementation.—
To the extent practicable, the Administrator shall deliver the system capabilities described in subsection (a) in increments or iterations as working components for applicant use.”
Report on State Management of Small Disasters Initiative
Pub. L. 106–390, title II, § 208, Oct. 30, 2000, 114 Stat. 1571, provided that not later than 3 years after Oct. 30, 2000, the President would submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including recommendations concerning State administration of parts of the program.
Study Regarding Cost Reduction
Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat. 1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119 Stat. 2649, provided that:
“Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act [see Short Title of 2000 Amendment note above].”
Study of Participation by Indian Tribes in Emergency Management
Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat. 1575, required the Director of the Federal Emergency Management Agency to conduct a study of participation by Indian tribes in emergency management and submit a report no later than 1 year after Oct. 30, 2000.
National Drought Policy
Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat. 1170, known as the “National Drought Policy Act of 1998”, established the National Drought Policy Commission to study and submit a report on national drought policy and terminated the Commission 90 days after the submission of the report.
Recommendations Concerning Improvement of Relationships Among Disaster Management Officials
Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat. 4710, provided that not later than 1 year after Nov. 23, 1988, the President was to 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, including provisions which would decrease the amount of time for processing requests for major disaster and emergency declarations and providing Federal assistance for major disasters and emergencies, provide for more effective utilization of State and local resources in relief efforts, and improve the timeliness of reimbursement.
Declared Disasters and Emergencies Not Affected
Pub. L. 100–707, title I, § 112, Nov. 23, 1988, 102 Stat. 4711, 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 Documents
Delegation of Functions
Functions of the President under the Disaster Relief Acts of 1970 and 1974, with certain exceptions, were delegated to the Secretary of Homeland Security, see sections 4–201 and 4–203 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended, 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, § 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, § 5–111, July 20, 1979, 44 F.R. 43239.]
[References to a “coupon” provided under the Food and Nutrition Act of 2008 considered to refer to a “benefit” under that Act, see section 4115(d) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.]
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. 13717, Feb. 2, 2016, 81 F.R. 6407, set out as a note under section 7704 of this title.