UNITED STATES CODE
  TITLE 42.  THE PUBLIC HEALTH AND WELFARE

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            CHAPTER 68--DISASTER RELIEF

  SUBCHAPTER III--MAJOR DISASTER AND EMERGENCY   ASSISTANCE ADMINISTRATION

{301} 5141.  Waiver of administrative conditions
  Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State or local authorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster.
5142. Repealed.

  Pub.L. 100-707, Title I,   105(a)(2), Nov. 23, 1988, 102 Stat. 4691

{302} 5143.  Coordinating officers

(a) Appointment of Federal coordinating officer
  Immediately upon his declaration of a major disaster or emergency, the President shall appoint a Federal coordinating officer to operate in the affected area.
(b) Functions of federal coordinating officer
  In order to effectuate the purposes of this chapter, the Federal coordinating officer, within the affected area, shall--
  (1) make an initial appraisal of the types of relief most urgently needed;
  (2) establish such field offices as he deems necessary and as are authorized by the President;
  (3) coordinate the administration of relief, including activities of the State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, which agree to operate under his advice or direction, except that nothing contained in this chapter shall limit or in any way affect the responsibilities of the American
National Red Cross under the Act of January 5, 1905, as amended (33 Stat. 599) [36 U.S.C.   1 et seq.];  and
  (4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this chapter, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled.
(c) State coordinating officer
When the President determines assistance under this chapter is necessary, he shall request that the Governor of the affected State designate a State coordinating officer for the purpose of coordinating State and local disaster assistance efforts with those of the Federal Government.
{303} 5144.  Emergency support teams

  The President shall form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. Such emergency support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to this chapter. Upon request of the President, the head of any Federal agency is directed to detail to temporary duty with the emergency support teams on either a reimbursable or nonreimbursable basis, as is determined necessary by the President, such personnel within the administrative jurisdiction of the head of the Federal agency as the President may need or believe to be useful for carrying out the functions of the emergency support teams, each such detail to be without loss of seniority, pay, or other employee status.

5145. Repealed.

Pub.L. 100-707, Title I,  105(d), Nov. 23, 1988, 102 Stat. 4691

5146. Repealed.

Pub.L. 100-707, Title I,  105(d), Nov. 23, 1988, 102 Stat. 4691

{304} 5147.  Reimbursement of federal agencies

  Federal agencies may be reimbursed for expenditures under this chapter from funds appropriated for the purposes of this chapter. Any funds received by Federal agencies as reimbursement for services or supplies furnished under the authority of this chapter shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies.
 

{305} 5148.  Nonliability of Federal Government

  The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this chapter.
 

{306} 5149.  Performance of services

(a) Utilization of services or facilities of state and local governments
  In carrying out the purposes of this chapter, any Federal agency is authorized to accept and utilize the services or facilities of any State or local government, or of any agency, office, or employee thereof, with the consent of such government.
(b) Appointment of temporary personnel, experts, and consultants; acquisition, rental, or hire of equipment, services, materials and supplies
 
  In performing any services under this chapter, any Federal agency is authorized--
  (1) to appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of Title 5 governing appointments in competitive service;
  (2) to employ experts and consultants in accordance with the provisions of section 3109 of such Title, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such Title relating to classification and General Schedule pay rates; and
  (3) to incur obligations on behalf of the United States by contract or  otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel, and communications, and for the supervision and administration of such activities.  Such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred by an agency in such amount as may be made available to it by the President.
{307} 5150.  Use of local firms and individuals
  In the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or
agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business
primarily in the area affected by such major disaster or emergency. This section shall not be considered to restrict the use of Department of Defense resources in the provision of major disaster assistance under this chapter.

{308} 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, 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 relating 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.
{309} 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.
{310} 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) Section 462 of Title 40 Section 702 of the Housing Act of 1954, 42 U.S.C.  462] 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 [Section 306 of the Consolidated Farm and Rural Development Act of 1965, 7 U.S.C.  1926].
      (5) The Public Works and Economic Development Act of 1965 [42 U.S.C.   3121 et seq.].
      (6) The Appalachian Regional Development Act of 1965.
      (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.
   {311} 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 3233 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 3233 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 or 3233 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 under section 5172 or 5189 of this title for any property or part thereof for which it has previously received assistance under this chapter, to the extent that insurance for such property or part thereof would have been reasonably available.
   {312} 5155.  Duplication of benefits
 
     (a) General prohibition
       The President, in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as a result of a major disaster or emergency, shall assure that no such person, business concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source.

     (b) Special rules

       (1) Limitation
       This section shall not prohibit the provision of Federal assistance to a  person who is or may be entitled to receive benefits for the same purposes  from another source if such person has not received such other benefits by the  time of application for Federal assistance and if such person agrees to repay  all duplicative assistance to the agency providing the Federal assistance.
       (2) Procedures
       The President shall establish such procedures as the President considers  necessary to ensure uniformity in preventing duplication of benefits.
       (3) Effect of partial benefits
       Receipt of partial benefits for a major disaster or emergency shall not  preclude provision of additional Federal assistance for any part of a loss or  need for which benefits have not been provided.
     (c) Recovery of duplicative benefits
     A person receiving Federal assistance for a major disaster or emergency shall be liable to the United States to the extent that such assistance duplicates benefits available to the person for the same purpose from another source.  The agency which provided the duplicative assistance shall collect such duplicative assistance from the recipient in accordance with chapter 37 of Title 31 relating to debt collection, when the head of such agency considers it to be in the best interest of the Federal Government.
     (d) Assistance not income
     Federal major disaster and emergency assistance provided to individuals and families under this chapter, and comparable disaster assistance provided by States, local governments, and disaster assistance organizations, shall not be considered as income or a resource when determining eligibility for or benefit levels under federally funded income assistance or resource-tested benefit programs.


    {313} 5156.  Standards and reviews

     The President shall establish comprehensive standards which shall be used to assess the efficiency and effectiveness of Federal major disaster and emergency assistance programs administered under this chapter.  The President shall conduct annual reviews of the activities of Federal agencies and State and local governments in major disaster and emergency preparedness and in providing major disaster and emergency assistance in order to assure maximum coordination and effectiveness of such programs and consistency in policies for reimbursement of States under this chapter.

     {314} 5157. Penalties

     (a) Misuse of funds
       Any person who knowingly misapplies the proceeds of a loan or other cash benefit obtained under this chapter shall be fined an amount equal to one and one-half times the misapplied amount of the proceeds or cash benefit.
     (b) Civil enforcement
     Whenever it appears that any person has violated or is about to violate any provision of this chapter, including any civil penalty imposed under this chapter, the Attorney General may bring a civil action for such relief as may be appropriate.  Such action may be brought in an appropriate United States district court.
     (c) Referral to Attorney General
     The President shall expeditiously refer to the Attorney General for appropriate action any evidence developed in the performance of functions under this chapter that may warrant consideration for criminal prosecution.
     (d) Civil penalty
     Any individual who knowingly violates any order or regulation issued under this chapter shall be subject to a civil penalty of not more than $5,000 for each violation.
     {315}  5158. Availability of materials

     The President is authorized, at the request of the Governor of an affected State, to provide for a survey of construction materials needed in the area affected by a major disaster on an emergency basis for housing repairs, replacement housing, public facilities repairs and replacement, farming operations, and business enterprises and to take appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the allocation of such materials for a period of not more than one hundred and eighty days after such major disaster.  Any allocation program shall be implemented by the President to the extent possible, by working with and through those companies which traditionally supply construction materials in the affected area.  For the purposes of this section "construction materials" shall include building materials and materials required for repairing housing, replacement housing, public facilities repairs and replacement, and for normal farm and business operations.

   {316} 5159.  Protection of environment

     An action which is taken or assistance which is provided pursuant to section 5170a, 5170b, 5172, 5173 or 5192 of this title, including such assistance provided pursuant to the procedures provided for in section 5189 of this title, which has the effect of restoring a facility substantially to its condition prior to the disaster or emergency, shall not be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C.   4321 et seq.]. Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of 1969 to other Federal actions taken under this chapter or under any other provisions of law.

   {317} 5160.  Recovery of assistance

     (a) Party liable
     Any person who intentionally causes a condition for which Federal assistance is provided under this chapter or under any other Federal law as a result of a declaration of a major disaster or emergency under this chapter shall be liable to the United States for the reasonable costs incurred by the United States in responding to such disaster or emergency to the extent that such costs are attributable to the intentional act or omission of such person which caused such condition.  Such action for reasonable costs shall be brought in an appropriate United States district court.
     (b) Rendering of care
     A person shall not be liable under this section for costs incurred by the United States as a result of actions taken or omitted by such person in the course of rendering care or assistance in response to a major disaster or emergency.
   {318} 5161.  Audits and investigations
     (a) In general
     Subject to the provisions of chapter 75 of Title 31, relating to requirements for single audits, the President shall conduct audits and investigations as necessary to assure compliance with this chapter, and in connection therewith may question such persons as may be necessary to carry out such audits and investigations.
     (b) Access to records
     For purposes of audits and investigations under this section, the President and Comptroller General may inspect any books, documents, papers, and records of any person relating to any activity undertaken or funded under this chapter.
     (c) State and local audits
     The President may require audits by State and local governments in connection with assistance under this chapter when necessary to assure compliance with this chapter or related regulations.
    {319} 5162.  Advance of Non-Federal Share
     (a) In general
     The President may lend or advance to an eligible applicant or a State the portion of assistance for which the State is responsible under the cost-sharing provisions of this chapter in any case in which--
     (1) the State is unable to assume its financial responsibility under such cost-sharing provisions--
 (A) with respect to concurrent, multiple major disasters in a jurisdiction, or
  (B) after incurring extraordinary costs as a result of a  particular disaster;  and
     (2) the damages caused by such disasters or disaster are so overwhelming and severe that it is not possible for the applicant or the State to assume  immediately their financial responsibility under this chapter.
(b) Terms of loans and advances
       (1) In general

       Any loan or advance under this section shall be repaid to the United States.

       (2) Interest

     Loans and advances under this section shall bear interest at a rate  determined by the Secretary of the Treasury, taking into consideration the  current market yields on outstanding marketable obligations of the United  States with remaining periods to maturity comparable to the reimbursement  period of the loan or advance.

(c) Regulations
     The President shall issue regulations describing the terms and conditions under which any loan or advance authorized by this section may be made.
   {320} 5163.  Limitation on use of sliding scales

    No geographic area shall be precluded from receiving assistance under this chapter solely by virtue of an arithmetic formula or sliding scale based on income or population.

   {321} 5164.  Rules and regulations

    The President may prescribe such rules and regulations as may be necessary and proper to carry out the provisions of this chapter, and may exercise, either directly or through such Federal agency as the President may designate, any power or authority conferred to the President by this chapter.