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Title 42 — The Public Health and Welfare

Chapter 68 — Disaster Relief

§ 5189. Simplified procedure

Statutory text

(a)

In general

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,

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 , 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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 93–288 title IV § 422 · 88 Stat. 143

    Enacted · 42 U.S.C. § 5189

    Pub. L. 93–288, title IV, § 422, as added Pub. L. 100–707, title I, § 106(k), Nov. 23, 1988, 102 Stat. 4705

    Source evidence

    Code source credit
    Pub. L. 93–288, title IV, § 422, as added Pub. L. 100–707, title I, § 106(k), Nov. 23, 1988, 102 Stat. 4705

  2. Sandy Recovery Improvement Act of 2013

    Pub. L. 113–2 § 1107(3) · 127 Stat. 4

    Changed · 42 U.S.C. § 5189(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (3) by inserting “or, if applicable, the amount established under subsection (b),” after “$35,000 amount” the second place it appears; and

  3. Sandy Recovery Improvement Act of 2013

    Pub. L. 113–2 § 1107(1) · 127 Stat. 4

    1. Amended · 42 U.S.C. § 5189(a)

      Pub. L. 113–2, § 1107(1), (2), designated existing provisions as subsec. (a)

    2. Inserted · 42 U.S.C. § 5189(a)

      Pub. L. 113–2, § 1107(1), (2), inserted heading

    3. Inserted · 42 U.S.C. § 5189(a)

      Pub. L. 113–2, § 1107(1), (2), 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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) by striking “If the Federal estimate” and inserting “(a) In General.—If the Federal estimate”;

  4. Sandy Recovery Improvement Act of 2013

    Pub. L. 113–2 § 1107(4) · 127 Stat. 4

    Added · 42 U.S.C. § 5189(b)

    Pub. L. 113–2, § 1107(4), added subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–2, § 1107(4), added subsec. (b).

    Enacted provision · exact public law section
    (4) by adding at the end the following: “(b) Threshold.— “(1) Report.— Not later than 1 year after the date of enactment of this subsection, 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, United States Code; 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.— 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.” .

  5. Small Project Efficient and Effective Disaster Recovery Act

    Pub. L. 117–189 § 2(a)(1) · 136 Stat. 2204

    Substituted · 42 U.S.C. § 5189(a)

    Pub. L. 117–189, § 2(a)(1), substituted “$1,000,000” for “$35,000” in two places in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–189, § 2(a)(1), substituted “$1,000,000” for “$35,000” in two places in concluding provisions.

    Enacted provision · exact public law section
    (1) in subsection (a) by striking “$35,000” each place it appears and inserting “$1,000,000”; and

    Effective date note
    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].”

  6. Small Project Efficient and Effective Disaster Recovery Act

    Pub. L. 117–189 § 2(a)(2) · 136 Stat. 2204

    Inserted · 42 U.S.C. § 5189(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) in subsection (b)(3)— (A) in the heading by inserting “and Report” after “Review”; and (B) by inserting “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”.

    Effective date note
    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].”

7 of 8 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

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

Amendments2013–2022 · 2 rounds

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), , 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 [].”

Credits

1988–2022 · 3 acts
  1. 1988Pub. L. 93–288, title IV, § 422, as added Pub. L. 100–707, title I, § 106(k), , 102 Stat. 4705
  2. 2013amended Pub. L. 113–2, div. B, § 1107, , 127 Stat. 46
  3. 2022Pub. L. 117–189, § 2(a), , 136 Stat. 2204.
Show as published

(Pub. L. 93–288, title IV, § 422, as added Pub. L. 100–707, title I, § 106(k), , 102 Stat. 4705; amended Pub. L. 113–2, div. B, § 1107, , 127 Stat. 46; Pub. L. 117–189, § 2(a), , 136 Stat. 2204.)

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