42 U.S.C. § 5189 — Simplified procedure
submitted 38 years ago by Pub. L. 93-288 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 419 words · no verdicts yet
The President may use a simplified estimate-based process for certain small Federal disaster-assistance projects. The original threshold is $1,000,000, unless the Administrator establishes a different threshold under subsection (b), and the applicable threshold is adjusted each year for inflation measured by the specified Consumer Price Index.
The President may use a simplified estimate-based process for certain small Federal disaster-assistance projects. The original threshold is $1,000,000, unless the Administrator* establishes a different threshold under subsection (b), and the applicable threshold is adjusted each year for inflation measured by the specified Consumer Price Index.
(a) In general. If the Federal estimate of the cost of—
(1) repairing, restoring, rebuilding, or replacing a damaged or destroyed public facility or private nonprofit facility* under section 5172;
(2) emergency assistance under section 5170b or 5192; or
(3) debris removed under section 5173,
is below $1,000,000, or below the threshold established under subsection (b), the President may, after an application by the State* or local government* or by the private nonprofit facility’s owner* or operator, provide the contribution under the applicable section based on that Federal estimate. The $1,000,000 threshold, or the subsection (b) threshold, must be adjusted each year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
(b) Threshold.
(1) Report. Within one year after January 29, 2013, the President, acting through the Administrator of the Federal Emergency Management Agency, called the “Administrator” in this section, must—
(A) complete an analysis of whether raising the subsection (a) eligibility threshold is appropriate. The analysis must consider cost-effectiveness, recovery speed, grantee capacity, past performance, and accountability measures; and
(B) send the House Committee on Transportation and Infrastructure and the Senate Committee on Homeland Security and Governmental Affairs a report about that analysis.
(2) Amount. After the Administrator sends that report, the President must direct the Administrator to—
(A) immediately set an eligibility threshold for this section at an appropriate amount, without following chapter 5 of title 5; and
(B) adjust that threshold every year for changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
(3) Review and report. No later than three years after the Administrator sets a threshold under paragraph (2), and every three years after that, the President, acting through the Administrator, must review the threshold. The President must send the two committees a report on the review, including any recommendations developed from it.
This section does not define “Federal estimate,” “private nonprofit facility,” “threshold,” “cost-effectiveness,” “grantee,” or “accountability measures.”
If the Federal estimate of the cost of—
repairing, restoring, reconstructing, or replacing under section 5172 of this title any damaged or destroyed public facility or private nonprofit facility*,
emergency assistance under section 5170b or 5192 of this title, or
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.
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—
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
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).
After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—
immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to chapter 5 of title 5; and
adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.
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.
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; amended Pub. L. 113–2, div. B, § 1107, Jan. 29, 2013, 127 Stat. 46; Pub. L. 117–189, § 2(a), Oct. 10, 2022, 136 Stat. 2204.)
- 1988Enacted · Pub. L. 93-288 · 102 Stat. 4705
- 2013Amended · Pub. L. 113-2 · 127 Stat. 46
- 2022Amended · Pub. L. 117-189 · 136 Stat. 2204
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-288 on 1988-11-23.
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