42 U.S.C. 5152 - Section 308 of the Stafford Act

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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.

§ 5153

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 5442

PRIOR PROVISIONS

CODIFICATION

A prior section 309 of Pub. L. 93–288 was renumbered
section 306 by Pub. L. 100–707 and is classified to section
5149 of this title.

‘‘Sections 3502 to 3505 of title 40’’ substituted for
‘‘Section 702 of the Housing Act of 1954’’ in subsec.
(a)(2) and ‘‘Subtitle IV of title 40’’ substituted for ‘‘The
Appalachian Regional Development Act of 1965’’ in subsec. (a)(6) on authority of Pub. L. 107–217, § 5(c), Aug. 21,
2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.

§ 5153. Priority to certain applications for public
facility and public housing assistance
(a) Priority
In the processing of applications for assistance, priority and immediate consideration
shall be given by the head of the appropriate
Federal agency, during such period as the President shall prescribe, to applications from public
bodies situated in areas affected by major disasters under the following Acts:
(1) The United States Housing Act of 1937 [42
U.S.C. 1437 et seq.] for the provision of low-income housing.
(2) Sections 3502 to 3505 of title 40 for assistance in public works planning.
(3) The Community Development Block
Grant Program under title I of the Housing
and Community Development Act of 1974 [42
U.S.C. 5301 et seq.].
(4) Section 1926 of title 7.
(5) The Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.].
(6) Subtitle IV of title 40.
(7) The Federal Water Pollution Control Act
[33 U.S.C. 1251 et seq.].
(b) Obligation of certain discretionary funds
In the obligation of discretionary funds or
funds which are not allocated among the States
or political subdivisions of a State, the Secretary of Housing and Urban Development and
the Secretary of Commerce shall give priority to
applications for projects for major disaster
areas.
(Pub. L. 93–288, title III, § 310, as added Pub. L.
100–707, title I, § 105(g), Nov. 23, 1988, 102 Stat.
4691.)
REFERENCES IN TEXT
The United States Housing Act of 1937, referred to in
subsec. (a)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974,
88 Stat. 653, which is classified generally to chapter 8
(§ 1437 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1437 of this title and Tables.
The Housing and Community Development Act of
1974, referred to in subsec. (a)(3), is Pub. L. 93–383, Aug.
22, 1974, 88 Stat. 633, as amended. Title I of the Housing
and Community Development Act of 1974 is classified
principally to chapter 69 (§ 5301 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 5301 of this title
and Tables.
The Public Works and Economic Development Act of
1965, as amended, referred to in subsec. (a)(5), is Pub. L.
89–136, Aug. 26, 1965, 79 Stat. 552, as amended, which is
classified principally to chapter 38 (§ 3121 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 3121 of
this title and Tables.
The Federal Water Pollution Control Act, referred to
in subsec. (a)(7), is act June 30, 1948, ch. 758, as amended
generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816,
which is classified generally to chapter 26 (§ 1251 et seq.)
of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short
Title note set out under section 1251 of Title 33 and
Tables.

PRIOR PROVISIONS
A prior section 5153, Pub. L. 93–288, title III, § 313, May
22, 1974, 88 Stat. 150, related to same subject matter as
present section but with references to different acts
and provisions, prior to repeal by Pub. L. 100–707,
§ 105(g).
A prior section 310 of Pub. L. 93–288 was renumbered
section 307 by Pub. L. 100–707 and was classified to section 5150 of this title, prior to repeal by Pub. L. 109–295.

§ 5154. Insurance
(a) Applicants for replacement of damaged facilities
(1) Compliance with certain regulations
An applicant for assistance under section
5172 of this title (relating to repair, restoration, and replacement of damaged facilities),
section 5189 of this title (relating to simplified
procedure) or section 3149(c)(2) of this title
shall comply with regulations prescribed by
the President to assure that, with respect to
any property to be replaced, restored, repaired, or constructed with such assistance,
such types and extent of insurance will be obtained and maintained as may be reasonably
available, adequate, and necessary, to protect
against future loss to such property.
(2) Determination
In making a determination with respect to
availability, adequacy, and necessity under
paragraph (1), the President shall not require
greater types and extent of insurance than are
certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance.
(b) Maintenance of insurance
No applicant for assistance under section 5172
of this title (relating to repair, restoration, and
replacement of damaged facilities), section 5189
of this title (relating to simplified procedure), or
section 3149(c)(2) of this title may receive such
assistance for any property or part thereof for
which the applicant has previously received assistance under this chapter unless all insurance
required pursuant to this section has been obtained and maintained with respect to such
property. The requirements of this subsection
may not be waived under section 5141 of this
title.
(c) State acting as self-insurer
A State may elect to act as a self-insurer with
respect to any or all of the facilities owned by
the State. Such an election, if declared in writing at the time of acceptance of assistance
under section 5172 or 5189 of this title or section
3149(c)(2) of this title or subsequently and accompanied by a plan for self-insurance which is
satisfactory to the President, shall be deemed
compliance with subsection (a) of this section.
No such self-insurer may receive assistance