42 U.S.C. § 3199: Office of Disaster Recovery…

Summary

Create an Office of Disaster Recovery and Resilience to lead the Economic Development Administration’s work on helping local economies recover and become more resilient after major disasters or events the Secretary says are nationally important. The Office must send teams to assess economic needs, meet with other federal, state, local, and philanthropic groups, look for flexible ways to use existing awards, give technical help, and do other recovery tasks the Secretary finds useful. The Secretary may hire temporary staff without following the usual competitive hiring rules. A temporary worker who serves continuously for at least 2 years and has acceptable performance may be moved into a permanent, career-conditional job. Each year the Secretary must report to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure about hires, conversions, performance checks, and separations. The temporary hiring authority ends on September 30, 2029. Set up a disaster team as soon as practicable after January 4, 2025, to deploy after a major disaster is declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the Department is activated by FEMA. Team members will come from the Office, the Department, and other agencies as needed, and must include rapid deployers and trained full-time leaders. The Secretary must provide ongoing training, may use resources from other agencies with their agreement, and may pay travel and per diem at standard federal rates. By July 1, 2026, and every year after, the Secretary must report to the same two congressional committees about the Office’s activities, disasters involved, deployment locations and lengths, staff numbers by type, and expense breakdowns.

Title 42, §3199

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

(a)Establishment

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)Appointment authorities

(1)Appointment

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)Conversion of employees

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)Status upon conversion

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)Reporting

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)Rule of construction

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)Termination

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

(c)Disaster team

(1)Establishment

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)Membership

(A)Designation of staff

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)Capabilities

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

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

(3)Training

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)Expenses

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)Annual reports

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