UNITED STATES CODE ANNOTATED TITLE 42.   THE PUBLIC HEALTH AND WELFARE

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 CHAPTER 68--DISASTER RELIEF

 SUBCHAPTER V--MISCELLANEOUS

{701} 5201. Rules and regulations; acceptance of gifts
(a)
(1) The President may prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this chapter, and he may exercise any power or authority  conferred on him by any section of this chapter either directly or through such Federal agency or agencies as he may designate.
(2) Deadline for payment of assistance
Rules and regulations authorized by paragraph (1) shall provide that payment of any assistance under this chapter to a State shall be completed within 60 days after the date of approval of such assistance.

(b) In furtherance of the purposes of this chapter, the President or his delegate may accept and use bequests, gifts,  or donations of service, money, or property, real, personal, or mixed, tangible, or intangible.  All sums received under this subsection shall be deposited in a separate fund on the books of the Treasury and shall be available for expenditure upon the certification of the President or his delegate.  At the request  of the President or his delegate, the Secretary of the Treasury may invest and reinvest excess monies in the fund.  Such investments shall be in public debt securities with maturities suitable for the needs of the fund and shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of  the United States of comparable maturities.  The interest on such investments shall be credited to, and form a part of, the fund.


5202. Repealed.

 Pub.L. 100-707, Title I,  108(c), Nov. 23, 1988, 102 Stat. 4708
5203. Excess disaster assistance payments as budgetary emergency   requirements
Beginning in fiscal year 1993, and in each year thereafter, notwithstanding any other provision of law, all amounts appropriated for disaster assistance payments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that are in excess of either the historical annual average obligation of $320,000,000, or the amount submitted in  the President's initial budget request, whichever is lower, shall be considered as "emergency requirements" pursuant to section 901(b)(2)(D) of Title 2, and such amounts shall hereafter be so designated.
5204. Insular areas disaster survival and recovery;  definitions
As used in sections 5204 to 5204c of this title--
(1) the term "insular area" means any of the following: American Samoa, the Federated States of Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands;
(2) the term "disaster" means a declaration of a major disaster by the President after September 1, 1989, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170);  and
(3) the term "Secretary" means the Secretary of the Interior.
5204a. Authorization of appropriations for insular areas
 
There are hereby authorized to be appropriated to the Secretary such sums as may be necessary to--
 (1) reconstruct essential public facilities damaged by  disasters in the insular areas that occurred prior to February 24, 1992;  and
 (2) enhance the survivability of essential public facilities in  the event of disasters in the insular areas,
except that with respect to the disaster declared by the  President in the case of Hurricane Hugo, September 1989, amounts for any fiscal year shall not exceed 25 percent of the estimated  aggregate amount of grants to be made under sections 403 and 406 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172) for such disaster.  Such sums shall  remain available until expended.
5204b. Technical assistance for insular areas
(a) Presidential assessment of response capability ;  recovery plans
Upon the declaration by the President of a disaster in an insular area, the President, acting through the Director of the Federal Emergency Management Agency, shall assess, in cooperation with the Secretary and chief executive of such insular area, the capability of the insular government to respond to the disaster, including the capability to assess damage;  coordinate activities with Federal agencies, particularly the Federal Emergency Management Agency; develop recovery plans, including recommendations for enhancing the survivability of essential infrastructure;  negotiate and manage reconstruction contracts; and prevent the misuse of funds.  If the President finds that the insular government lacks any of these or other capabilities essential to the recovery effort, then the President shall  provide technical assistance to the insular area which the President  deems necessary for the recovery effort.
(b) Report to Congress
One year following the declaration by the President of a disaster in an insular area, the Secretary, in consultation  with the Director of the Federal Emergency Management Agency, shall submit to the Senate Committee on Energy and Natural Resources  and the House Committee on Interior and Insular Affairs a report on the status of the recovery effort, including an audit of Federal funds expended in the recovery effort and recommendations on how to improve public health and safety, survivability of infrastructure, recovery efforts, and effective use of funds in the event of future disasters.
5204c. Hazard mitigation for insular areas
 
The total of contributions under the last sentence of section 404 of The Robert T.  Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) for the insular areas shall not exceed 10 percent of the estimated aggregate amounts of grants to be made under sections 403, 406, 407, 408, and 411 of such Act [42 U.S.C. 5170b, 5172, 5173, 5174, and 5178] for any disaster:   Provided, That the President shall require a 50 percent local match   for assistance in excess of 10 percent of the estimated aggregate amount of grants to be made under section 406 of such Act   [42 U.S.C.  5172] for any disaster.