§5189 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Require the President to have the FEMA Administrator set and update a dollar threshold for a faster aid process that covers three kinds of disaster costs: repairs or replacement of damaged public or private nonprofit facilities (section 5172), certain emergency help (sections 5170b and 5192), and debris removal (section 5173). Not later than 1 year after January 29, 2013, FEMA must study whether the threshold should be raised—looking at cost, speed of recovery, grantee capacity, past results, and accountability—and send a report to the House Transportation and Infrastructure Committee and the Senate Committee on Homeland Security and Governmental Affairs. After that report, the President must tell FEMA to immediately set a threshold amount without using the usual federal rulemaking steps and to update it each year for changes in the Consumer Price Index for All Urban Consumers (Department of Labor). Within 3 years after the threshold is set, and every 3 years after that, FEMA must review the threshold and report back to the same two committees with any recommendations.

Title 42, §5189

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

(a)If the Federal estimate of the cost of—

(1)repairing, restoring, reconstructing, or replacing under section 5172 of this title any damaged or destroyed public facility or private nonprofit facility,

(2)emergency assistance under section 5170b or 5192 of this title, or

(3)debris removed under section 5173 of this title,

(b)(1)Not later than 1 year after January 29, 2013, the President, acting through the Administrator of the Federal Emergency Management Agency (in this section referred to as the “Administrator”), shall—

(A)complete an analysis to determine whether an increase in the threshold for eligibility under subsection (a) is appropriate, which shall include consideration of cost-effectiveness, speed of recovery, capacity of grantees, past performance, and accountability measures; and

(B)submit 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 report regarding the analysis conducted under subparagraph (A).

(2)After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—

(A)immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to chapter 5 of title 5; and

(B)adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.

(3)Not later than 3 years after the date on which the Administrator establishes a threshold under paragraph (2), and every 3 years thereafter, the President, acting through the Administrator, shall review the threshold for eligibility under this section and submit 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 report regarding such review, including any recommendations developed pursuant to such review.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5189, Pub. L. 93–288, title IV, § 419, May 22, 1974, 88 Stat. 159, related to alternate contributions, prior to repeal by Pub. L. 100–707, § 106(k).

Amendments

2022—Subsec. (a). Pub. L. 117–189, § 2(a)(1), substituted “$1,000,000” for “$35,000” in two places in concluding provisions. Subsec. (b)(3). Pub. L. 117–189, § 2(a)(2), inserted “and report” after “Review” in heading and “and submit 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 report regarding such review, including any recommendations developed pursuant to such review” after “under this section” in text. 2013—Subsec. (a). Pub. L. 113–2, § 1107(3), which directed insertion of “or, if applicable, the amount established under subsection (b),” after “$35,000 amount” the second place appearing, was executed by making the insertion after “$35,000 amount” the only place that phrase appeared, to reflect the probable intent of Congress. Pub. L. 113–2, § 1107(1), (2), designated existing provisions as subsec. (a), inserted heading, and inserted “(or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b))” after “less than $35,000” in concluding provisions. Subsec. (b). Pub. L. 113–2, § 1107(4), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 Amendment Pub. L. 117–189, § 2(b), Oct. 10, 2022, 136 Stat. 2204, provided that: “The

Amendments

made by subsection (a) [amending this section] shall apply with respect to any amounts appropriated after the date of enactment of this Act [Oct. 10, 2022].”

§5189 Simplified procedure

Summary

Title 42, §5189

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata