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42 U.S.C. § 5152 — Use and coordination of relief organizations

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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, long-term recovery groups, domestic hunger relief, 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, long-term recovery groups, domestic hunger relief, 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.

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Stable record: federal_law:legal_authorities:record_usc_546431f32c7a59e436a591c7
Source file: Laws/federal/codes/united-states-code/title-42/section-5152-use-and-coordination-of-relief-organizations--9a0e65acd9.md
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Source location: Title 42, Chapter 68, § 5152; chapter-068-disaster-relief.md

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**(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, long-term recovery groups, domestic hunger relief, 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, long-term recovery groups, domestic hunger relief, 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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. **(c) Appointment of temporary personnel in the Federal Emergency Management Agency** The Administrator of the Federal Emergency Management Agency is authorized to appoint temporary personnel, after serving continuously for 3 years, to positions in the Federal Emergency Management Agency in the same manner that competitive se

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 502 — Services for other entities

**(a) Federal Agencies, Mixed-Ownership Government Corporations, and the District of Columbia.—** On request, the Administrator of General Services shall provide, to the extent practicable, any of the services specified in [section 501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section501&num=0&edition=prelim) to— (1) a federal agency; (2) a mixed-ownership Government corporation (as defined in [section 9101 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9101&num=0&edition=prelim)); or (3) the District of Columbia. **(b) Qualified Nonprofit Agencies.—** (1) **In general.—** — On request, the Administrator may provide, to the extent practicable, any of the services specified in [section 501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section501&num=0&edition=prelim) to an agency that is— (A) (i) a qualified nonprofit agency for the blind (as defined in [section 8501(7) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8501/7&num=0&edition=prelim)); or (ii) a qualified nonprofit agency for other severely disabled (as defined in [section 8501(6) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8501/6&num=0&edition=prelim)); and (B) providing a commodity or service to the Federal Government under chapter 85 of title 41. (2) **Use of services.—** — A nonprofit agency receiving services under this subsection shall use the services directly in making or providing to the Government a commodity or service that has been determined by the Committee for Purchase From People Who Are Blind or Severely Disabled under [section 8503 of title 41](https://uscode.house.

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 502

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5152 — Use and coordination of relief organiza-

Page 6376 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5151 struction, and other major disaster or emer- gency assistance activities which may be car- ried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and prac- ticable, to those organizations, firms, and in- dividuals residing or doing business primarily in the area affected by such major disaster or emergency. (2) Construction This subsection shall not be considered to restrict the use of Department of Defense re- sources under this chapter in the provision of assistance in a major disaster. (3) Specific geographic area In carrying out this section, a contract or agreement may be set aside for award based on a specific geographic area. (b) Implementation (1) Contracts not to entities in area Any expenditure of Federal funds for debris clearance, distribution of supplies, reconstruc- tion, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organi- zations, firms, or individuals, not awarded to an organization, firm, or individual residing or doing business primarily in the area affected by such major disaster shall be justified in writing in the contract file. (2) Transition Following the declaration of an emergency or major disaster, an agency performing re- sponse, relief, and reconstruction activities shall transition work performed under con- tracts in effect on the date on which the Presi- dent declares the emergency or major disaster to organizations, firms, and individuals resid- ing or doing business primarily in any area af- fected by the major disaster or emergency, un- less the head of such agency determines that it is not feasible

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