|
|
U.S. Code, Title 42, the Public Health and Welfare
Contents:
Show Summary
Hide Summary
General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
CHAPTER 68—DISASTER RELIEF
SUBCHAPTER I—FINDINGS, DECLARATIONS, AND DEFINITIONS
Sec.
5121. Congressional findings and declarations.
5122. Definitions.
SUBCHAPTER II—DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
5131. Federal and State disaster preparedness programs.
(a) Utilization of services of other agencies.
(b) Technical assistance for the development of plans and programs.
(c) Grants to States for development of plans and programs.
(d) Grants for improvement, maintenance, and updating of State plans.
5132. Disaster warnings.
(a) Readiness of Federal agencies to issue warnings to State and local officials.
(b) Technical assistance to State and local governments for effective warnings.
(c) Warnings to governmental authorities and public endangered by disaster.
(d) Agreements with commercial communications systems for use of facilities.
5133. Predisaster hazard mitigation.
(a) Definition of small impoverished community.
(b) Establishment of program.
(c) Approval by President.
(d) State recommendations.
(e) Uses of technical and financial assistance.
(f) Allocation of funds.
(g) Criteria for assistance awards.
(h) Federal share.
(i) National Predisaster Mitigation Fund.
(j) Limitation on total amount of financial assistance.
(k) Multihazard advisory maps.
(l) Report on Federal and State administration.
(m) Termination of authority.
5134. Interagency task force.
(a) In general.
(b) Chairperson.
(c) Membership.
SUBCHAPTER III—MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
5141. Waiver of administrative conditions.
5142. Repealed.
5143. Coordinating officers.
(a) Appointment of Federal coordinating officer.
(b) Functions of Federal coordinating officer.
(c) State coordinating officer.
5144. Emergency support teams.
5145, 5146. Repealed.
5147. Reimbursement of Federal agencies.
5148. Nonliability of Federal Government.
5149. Performance of services.
(a) Utilization of services or facilities of State and local governments.
(b) Appointment of temporary personnel, experts, and consultants; acquisition, rental, or hire of equipment, services, materials and supplies.
5150. Use of local firms and individuals.
5151. Nondiscrimination in disaster assistance.
(a) Regulations for equitable and impartial relief operations.
(b) Compliance with regulations as prerequisite to participation by other bodies in relief operations.
5152. Use and coordination of relief organizations.
5153. Priority to certain applications for public facility and public housing assistance.
(a) Priority.
(b) Obligation of certain discretionary funds.
5154. Insurance.
(a) Applicants for replacement of damaged facilities.
(b) Maintenance of insurance.
(c) State acting as self-insurer.
5154a. Prohibited flood disaster assistance.
(a) General prohibition.
(b) Transfer of property.
(c) Omitted.
(d) "Flood disaster area" defined.
(e) Effective date.
5155. Duplication of benefits.
(a) General prohibition.
(b) Special rules.
(c) Recovery of duplicative benefits.
(d) Assistance not income.
5156. Standards and reviews.
5157. Penalties.
(a) Misuse of funds.
(b) Civil enforcement.
(c) Referral to Attorney General.
(d) Civil penalty.
5158. Availability of materials.
5159. Protection of environment.
5160. Recovery of assistance.
(a) Party liable.
(b) Rendering of care.
5161. Audits and investigations.
(a) In general.
(b) Access to records.
(c) State and local audits.
5162. Advance of non-Federal share.
(a) In general.
(b) Terms of loans and advances.
(c) Regulations.
5163. Limitation on use of sliding scales.
5164. Rules and regulations.
5165. Mitigation planning.
(a) Requirement of mitigation plan.
(b) Local and tribal plans.
(c) State plans.
(d) Funding.
(e) Increased Federal share for hazard mitigation measures.
5165a. Minimum standards for public and private structures.
(a) In general.
(b) Evidence of compliance.
5165b. Management costs.
(a) Definition of management cost.
(b) Establishment of management cost rates.
(c) Review.
5165c. Public notice, comment, and consultation requirements.
(a) Public notice and comment concerning new or modified policies.
(b) Consultation concerning interim policies.
(c) Public access.
SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE PROGRAMS
5170. Procedure for declaration.
5170a. General Federal assistance.
5170b. Essential assistance.
(a) In general.
(b) Federal share.
(c) Utilization of DOD resources.
5170c. Hazard mitigation.
(a) In general.
(b) Property acquisition and relocation assistance.
(c) Program administration by States.
5171. Federal facilities.
(a) Repair, reconstruction, restoration, or replacement of United States facilities.
(b) Availability of funds appropriated to agency for repair, reconstruction, restoration, or replacement of agency facilities.
(c) Steps for mitigation of hazards.
5172. Repair, restoration, and replacement of damaged facilities.
(a) Contributions.
(b) Federal share.
(c) Large in-lieu contributions.
(d) Flood insurance.
(e) Eligible cost.
5173. Debris removal.
(a) Presidential authority.
(b) Authorization by State or local government; indemnification agreement.
(c) Rules relating to large lots.
(d) Federal share.
5174. Temporary housing assistance.
(a) Provision of temporary housing.
(b) Temporary mortgage and rental payments.
(c) In lieu expenditures.
(d) Transfer of temporary housing.
(e) Notification.
(f) Location.
5175, 5176. Repealed.
5177. Unemployment assistance.
(a) Benefit assistance.
(b) Reemployment assistance.
5177a. Emergency grants to assist low-income migrant and seasonal farmworkers.
(a) In general.
(b) "Low-income migrant or seasonal farmworker" defined.
(c) Authorization of appropriations.
5178. Individual and family grant programs.
(a) In general.
(b) Cost sharing.
(c) Regulations.
(d) Administrative expenses.
(e) Administration through Governor.
(f) Limit on grants to individual.
5179. Food coupons and distribution.
(a) Persons eligible; terms and conditions.
(b) Duration of assistance; factors considered.
(c) Food Stamp Act provisions unaffected.
5180. Food commodities.
(a) Emergency mass feeding.
(b) Funds for purchase of food commodities.
5181. Relocation assistance.
5182. Legal services.
5183. Crisis counseling assistance and training.
5184. Community disaster loans.
(a) In general.
(b) Amount.
(c) Repayment.
(d) Effect on other assistance.
5185. Emergency communications.
5186. Emergency public transportation.
5187. Fire management assistance.
(a) In general.
(b) Coordination with State and tribal departments of forestry.
(c) Essential assistance.
(d) Rules and regulations.
5188. Timber sale contracts.
(a) Cost-sharing arrangement.
(b) Cancellation of authority.
(c) Public notice of sale.
(d) State grants for removal of damaged timber; reimbursement of expenses limited to salvage value of removed timber.
5189. Simplified procedure.
5189a. Appeals of assistance decisions.
(a) Right of appeal.
(b) Period for decision.
(c) Rules.
5189b. Date of eligibility; expenses incurred before date of disaster.
SUBCHAPTER IV-A—EMERGENCY ASSISTANCE PROGRAMS
5191. Procedure for declaration.
(a) Request and declaration.
(b) Certain emergencies involving Federal primary responsibility.
5192. Federal emergency assistance.
(a) Specified.
(b) General.
5193. Amount of assistance.
(a) Federal share.
(b) Limit on amount of assistance.
SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS
5195. Declaration of policy.
5195a. Definitions.
(a) Definitions.
(b) Cross reference.
5195b. Administration of subchapter.
5196. Detailed functions of administration.
(a) In general.
(b) Federal emergency response plans and programs.
(c) Delegation of emergency preparedness responsibilities.
(d) Communications and warnings.
(e) Emergency preparedness measures.
(f) Training programs.
(g) Public dissemination of emergency preparedness information.
(h) Interstate emergency preparedness compacts.
(i) Materials and facilities.
(j) Financial contributions.
(k) Sale or disposal of certain materials and facilities.
5196a. Mutual aid pacts between States and neighboring countries.
5196b. Contributions for personnel and administrative expenses.
(a) General authority.
(b) Plan requirements.
(c) Terms and conditions.
(d) Application of other provisions.
(e) Allocation of funds.
(f) Submission of plan.
(g) Annual reports.
5196c. Requirement for State matching funds for construction of emergency operating centers.
5196d. Use of funds to prepare for and respond to hazards.
5196e. Radiological Emergency Preparedness Fund.
Part B—General Provisions
5197. Administrative authority.
(a) In general.
(b) Advisory personnel.
(c) Services of other agency personnel and volunteers.
(d) Gifts.
(e) Reimbursement.
(f) Printing.
(g) Rules and regulations.
(h) Failure to expend contributions correctly.
5197a. Security regulations.
(a) Establishment.
(b) Limitations on employee access to information.
(c) National security positions.
(d) Employee oaths.
5197b. Use of existing facilities.
5197c. Annual report to Congress.
5197d. Applicability of subchapter.
5197e. Authorization of appropriations and transfers of funds.
(a) Authorization of appropriations.
(b) Transfer authority.
5197f. Relation to Atomic Energy Act of 1954.
5197g. Federal Bureau of Investigation.
SUBCHAPTER V—MISCELLANEOUS
5201. Rules and regulations.
5202. Repealed.
5203. Excess disaster assistance payments as budgetary emergency requirements.
5204. Insular areas disaster survival and recovery; definitions.
5204a. Authorization of appropriations for insular areas.
5204b. Technical assistance for insular areas.
5204c. Hazard mitigation for insular areas.
5205. Disaster grant closeout procedures.
(a) Statute of limitations.
(b) Rebuttal of presumption of record maintenance.
(c) Binding nature of grant requirements.
5206. Buy American.
(a) Compliance with Buy American Act.
(b) Debarment of persons convicted of fraudulent use of "Made in America" labels.
Chapter Referred to in Other Sections
This chapter is referred to in sections 1382a, 1490q, 3030, 3149, 3796b, 4003, 4104c, 5154a, 5203, 5206, 5306, 5665a, 8623, 9601, 12750 of this title; title 2 section 59–1; title 7 sections 1421, 1427, 1427a, 1942, 1961, 1964, 1981e, 7285; title 10 section 2662; title 12 sections 1709, 1715l; title 15 section 636; title 16 sections 1536, 1723; title 23 section 125; title 26 sections 143, 165, 1033, 5064, 5708, 6404; title 29 section 1784; title 33 section 701n; title 38 section 3720; title 43 section 1600e.
Contents:
Chicago: "U.S. Congress, Office of the Law Revision Counsel", "Chapter 68— Disaster Relief," U.S. Code, Title 42, the Public Health and Welfare in U.S. Code, Title 42, the Public Health and Welfare (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed July 26, 2024, http://www.originalsources.com/Document.aspx?DocID=8R1PIBGG7I4DYLE.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "Chapter 68— Disaster Relief." U.S. Code, Title 42, the Public Health and Welfare, in U.S. Code, Title 42, the Public Health and Welfare, Washington, D.C., Government Printing Office, 2002, Original Sources. 26 Jul. 2024. http://www.originalsources.com/Document.aspx?DocID=8R1PIBGG7I4DYLE.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", 'Chapter 68— Disaster Relief' in U.S. Code, Title 42, the Public Health and Welfare. cited in 2002, U.S. Code, Title 42, the Public Health and Welfare, Government Printing Office, Washington, D.C.. Original Sources, retrieved 26 July 2024, from http://www.originalsources.com/Document.aspx?DocID=8R1PIBGG7I4DYLE.
|