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Title 42 — The Public Health and WelfareRelease 119-73

§5204b Technical assistance for insular areas

Title 42 › Chapter CHAPTER 68— - DISASTER RELIEF › Subchapter SUBCHAPTER V— - MISCELLANEOUS › § 5204b

Last updated Apr 6, 2026|Official source

Summary

When the President declares a disaster in a U.S. insular area, the President, through the FEMA Administrator, must work with the Secretary and the area’s top official to check whether the local government can respond. They must see if the area can assess damage, work with federal agencies, make recovery plans (including ways to make key infrastructure stronger), handle rebuilding contracts, and prevent money from being misused. If the area lacks any needed ability, the President must provide technical help for recovery. One year after the disaster declaration, the Secretary, with the FEMA Administrator, must send a report to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources. The report must describe recovery progress, include an audit of federal funds spent, and give recommendations to improve public health and safety, infrastructure survivability, recovery work, and the use of funds in future disasters.

Full Legal Text

Title 42, §5204b

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

(a)Upon the declaration by the President of a disaster in an insular area, the President, acting through the Administrator of the Federal Emergency Management Agency, shall assess, in cooperation with the Secretary and chief executive of such insular area, the capability of the insular government to respond to the disaster, including the capability to assess damage; coordinate activities with Federal agencies, particularly the Federal Emergency Management Agency; develop recovery plans, including recommendations for enhancing the survivability of essential infrastructure; negotiate and manage reconstruction contracts; and prevent the misuse of funds. If the President finds that the insular government lacks any of these or other capabilities essential to the recovery effort, then the President shall provide technical assistance to the insular area which the President deems necessary for the recovery effort.
(b)One year following the declaration by the President of a disaster in an insular area, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall submit to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources a report on the status of the recovery effort, including an audit of Federal funds expended in the recovery effort and recommendations on how to improve public health and safety, survivability of infrastructure, recovery efforts, and effective use of funds in the event of future disasters.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Omnibus Insular Areas Act of 1992, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter.

Amendments

1994—Subsec. (b). Pub. L. 103–437 substituted “House Committee on Natural Resources” for “House Committee on Interior and Insular Affairs”.

Statutory Notes and Related Subsidiaries

Change of Name

“Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in subsecs. (a) and (b) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.

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 section 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 5204b

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73