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Title 42, The Public Health and WelfareRelease 119-110

§5189 Simplified Procedure

Title 42 › CHAPTER 68 — DISASTER RELIEF › SUBCHAPTER IV — MAJOR DISASTER ASSISTANCE PROGRAMS › § 5189

Last updated Sep 22, 2026|Official source

Summary

The President can approve federal payments based on the government's cost estimate when the estimated cost to repair or replace damaged public or private nonprofit facilities, provide emergency help, or remove debris is under $1,000,000 (or under a higher amount if FEMA sets one). A state, local government, or the private nonprofit owner must apply for the money. The $1,000,000 or any new amount is changed each year to keep up with the Consumer Price Index for All Urban Consumers. Within 1 year after January 29, 2013, the President, through the FEMA Administrator, must study whether the threshold should be raised. That study must look at things like cost-effectiveness, speed of recovery, grantee capacity, past performance, and accountability, and must be sent to the House Committee on Transportation and Infrastructure and the Senate Committee on Homeland Security and Governmental Affairs. After the report, the President must have the Administrator immediately set a new threshold and adjust it yearly for inflation without using the normal federal rulemaking process. The Administrator must review the threshold every 3 years and send the review and any recommendations to those same committees.

Full Legal Text

Title 42, §5189

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

(a)In general
If the Federal estimate of the cost of— (1)
(2)emergency assistance under section 5170b or 5192 of this title, or
(3)debris removed under section 5173 of this title,
is less than $1,000,000 (or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b)), the President (on application of the State or local government or the owner or operator of the private nonprofit facility) may make the contribution to such State or local government or owner or operator under section 5170b, 5172, 5173, or 5192 of this title, as the case may be, on the basis of such Federal estimate. Such $1,000,000 amount or, if applicable, the amount established under subsection (b), shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
(b)Threshold
(1)Report
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)Amount
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)Review and report
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.

Legislative History

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].”

Reference

Citations & Metadata

Citation

42 U.S.C. § 5189

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110