§3199 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates an Office of Disaster Recovery and Resilience to run post-disaster economic recovery work for the Economic Development Administration and to carry out recovery support under the National Disaster Recovery Framework. The Office must help communities hit by a major disaster or other events the Secretary calls nationally significant. It can send economic assessment teams, hold or join meetings to find other federal, state, local, and philanthropic help, look for flexible ways to use existing awards, give technical help through staff or contractors, and do other actions the Secretary finds useful. The Secretary can hire temporary staff without using the normal competitive hiring rules and may make a temporary worker permanent if they serve at least 2 continuous years and have acceptable performance; converted workers become career-conditional unless they already have tenure. That special hiring power ends September 30, 2029. The Secretary must set up a disaster team soon after January 4, 2025, made up of Office staff, other Department employees, and, as needed, staff from other agencies. The team must include people who can deploy quickly and full-time leaders, and must get ongoing training. The Department may use other agencies’ services with their agreement so long as it does not conflict with FEMA or the President. Team members may get federal travel pay. The Secretary must report to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure about use of the hiring authority each year, and must send, by July 1, 2026 and annually after, a report on Office and team activities, deployments, personnel numbers, locations and lengths of deployments, and expenses (with or without reimbursement).

Title 42, §3199

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary shall establish an Office of Disaster Recovery and Resilience—

(1)to direct and implement the post-disaster economic recovery responsibilities of the Economic Development Administration pursuant to subsections (c)(2) and (e) of section 3149 of this title and section 3233 of this title;

(2)to direct and implement economic recovery and enhanced resilience support function activities as directed under the National Disaster Recovery Framework; and

(3)support long-term economic recovery in communities in which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or otherwise impacted by an event of national significance, as determined by the Secretary, through—

(A)convening and deploying an economic development assessment team;

(B)hosting or attending convenings related to identification of additional Federal, State, local, and philanthropic entities and resources;

(C)exploring potential flexibilities related to existing awards;

(D)provision of technical assistance through staff or contractual resources; and

(E)other activities determined by the Secretary to be appropriate.

(b)(1)The Secretary is authorized to appoint such temporary personnel as may be necessary to carry out the responsibilities of the Office of Disaster Recovery and Resilience, without regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service.

(2)Notwithstanding chapter 33 of title 5, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, a temporary employee appointed under this subsection may be selected by the Secretary for a permanent appointment in the competitive service in the Economic Development Administration under internal competitive promotion procedures if—

(A)the employee has served continuously for at least 2 years under 1 or more appointments under this subsection; and

(B)the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (A).

(3)An individual converted under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.

(4)For any fiscal year during which the Secretary exercises the authority under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the use of that authority including, at a minimum—

(A)the number of employees hired under the authority during the fiscal year;

(B)the positions and grades for which employees were hired;

(C)the number of employees converted to career-conditional;

(D)a description of how the Secretary assessed employee performance to determine the eligibility of the employee for conversion under paragraph (2)(B);

(E)the number of employees who were hired under that authority as temporary employees who have met the continuous service requirements described in subparagraph (A) of paragraph (2) but not the performance requirements described in subparagraph (B) of that paragraph; and

(F)the number of employees who were hired under that authority who have separated from the Economic Development Administration.

(5)Nothing in this subsection waives any requirement relating to qualifications of applicants for positions in the Office of Disaster Recovery and Resilience under this subsection.

(6)The authority provided by this subsection shall expire on September 30, 2029.

(c)(1)As soon as practicable after January 4, 2025, the Secretary shall establish a disaster team (referred to in this section as the “disaster team”) for the deployment of individuals to carry out responsibilities of the Office of Disaster Recovery and Resilience after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and the Department has been activated by the Federal Emergency Management Agency.

(2)(A)As soon as practicable after January 4, 2025, the Secretary shall designate to serve on the disaster team—

(i)employees of the Office of Disaster Recovery and Resilience;

(ii)employees of the Department who are not employees of the Economic Development Administration; and

(iii)in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate.

(B)In designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient quantity of—

(i)individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and

(ii)highly trained full-time employees who will lead and manage the disaster team.

(3)The Secretary shall ensure that appropriate and ongoing training is provided to members of the disaster team to ensure that the members are adequately trained regarding the programs and policies of the Economic Development Administration relating to post-disaster economic recovery efforts.

(4)In carrying out this section, the Secretary may—

(A)use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) to direct Federal agencies in any major disaster or emergency declared under that Act; and

(B)provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of services for, or relating to, the disaster team.

(d)Not later than July 1, 2026, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

(1)a summary of the activities of the Office of Disaster Recovery and Resilience and any disaster teams established pursuant to subsection (c);

(2)the number and details of the disasters in which the Office of Disaster Recovery and Resilience and permanent and temporary personnel, including disaster teams, were involved and deployed;

(3)the locations and length of any deployments;

(4)the number of personnel deployed, broken down by category, including permanent and temporary personnel; and

(5)a breakdown of expenses, with or without reimbursement.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsecs. (a)(3) and (c)(1), (4)(A), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5121 of this title and Tables.

§3199 Office of Disaster Recovery and Resilience