42 U.S.C. 5151 - Section 308 0f the Stafford Act

Page 5441

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sponse, relief, and reconstruction activities
shall transition work performed under contracts in effect on the date on which the President declares the emergency or major disaster
to organizations, firms, and individuals residing or doing business primarily in any area affected by the major disaster or emergency, unless the head of such agency determines that
it is not feasible or practicable to do so.
(3) Formulation of requirements
The head of a Federal agency, as feasible and
practicable, shall formulate appropriate requirements to facilitate compliance with this
section.
(c) Prior contracts
Nothing in this section shall be construed to
require any Federal agency to breach or renegotiate any contract in effect before the occurrence of a major disaster or emergency.
(Pub. L. 93–288, title III, § 307, as added Pub. L.
109–295, title VI, § 694, Oct. 4, 2006, 120 Stat. 1459;
amended Pub. L. 109–347, title VI, § 611, Oct. 13,
2006, 120 Stat. 1943.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(2), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 5150, Pub. L. 93–288, title III, § 307, formerly § 310, May 22, 1974, 88 Stat. 150; renumbered § 307
and amended Pub. L. 100–707, title I, § 105(e), Nov. 23,
1988, 102 Stat. 4691; Pub. L. 109–218, § 2, Apr. 20, 2006, 120
Stat. 333, provided for the use of local firms and individuals for major disaster or emergency assistance activities, prior to repeal by Pub. L. 109–295, title VI, § 694,
Oct. 4, 2006, 120 Stat. 1459.
A prior section 307 of Pub. L. 93–288 was renumbered
section 304 by Pub. L. 100–707 and is classified to section
5147 of this title.
AMENDMENTS
2006—Subsec. (b)(3). Pub. L. 109–347 added par. (3).

§ 5151. Nondiscrimination in disaster assistance
(a) Regulations for equitable and impartial relief
operations
The President shall issue, and may alter and
amend, such regulations as may be necessary for
the guidance of personnel carrying out Federal
assistance functions at the site of a major disaster or emergency. Such regulations shall include
provisions for insuring that the distribution of
supplies, the processing of applications, and
other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of
race, color, religion, nationality, sex, age, disability, English proficiency, or economic status.
(b) Compliance with regulations as prerequisite
to participation by other bodies in relief operations
As a condition of participation in the distribution of assistance or supplies under this chapter
or of receiving assistance under this chapter,
governmental bodies and other organizations
shall be required to comply with regulations re-

§ 5152

lating to nondiscrimination promulgated by the
President, and such other regulations applicable
to activities within an area affected by a major
disaster or emergency as he deems necessary for
the effective coordination of relief efforts.
(Pub. L. 93–288, title III, § 308, formerly § 311, May
22, 1974, 88 Stat. 150; renumbered § 308 and
amended Pub. L. 100–707, title I, § 105(f), Nov. 23,
1988, 102 Stat. 4691; Pub. L. 109–295, title VI,
§ 689a, Oct. 4, 2006, 120 Stat. 1449.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 308 of Pub. L. 93–288 was renumbered
section 305 by Pub. L. 100–707 and is classified to section
5148 of this title.
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–295 inserted ‘‘disability,
English proficiency,’’ after ‘‘age,’’.
1988—Subsec. (b). Pub. L. 100–707 substituted ‘‘this
chapter’’ for ‘‘section 5172 or 5174 of this title’’ after
‘‘assistance under’’.

§ 5152. Use and coordination of relief organizations
(a) In providing relief and assistance under
this chapter, the President may utilize, with
their consent, the personnel and facilities of the
American National Red Cross, the Salvation
Army, the Mennonite Disaster Service, and
other relief or disaster assistance organizations,
in the distribution of medicine, food, supplies, or
other items, and in the restoration, rehabilitation, or reconstruction of community services
housing and essential facilities, whenever the
President finds that such utilization is necessary.
(b) The President is authorized to enter into
agreements with the American National Red
Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations under which the disaster relief activities of such organizations may be coordinated by the Federal coordinating officer
whenever such organizations are engaged in providing relief during and after a major disaster or
emergency. Any such agreement shall include
provisions assuring that use of Federal facilities, supplies, and services will be in compliance
with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President under this chapter,
and such other regulation as the President may
require.
(Pub. L. 93–288, title III, § 309, formerly § 312, May
22, 1974, 88 Stat. 150; renumbered § 309, Pub. L.
100–707, title I, § 105(f), Nov. 23, 1988, 102 Stat.
4691.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.