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42 U.S.C. § 5150 — Use of local firms and individuals
Federal law — U.S. Code and appendices · legal_authorities
**(a) Contracts or agreements with private entities**
(1) **In general** — 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.
(2) **Construction** — This subsection shall not be considered to restrict the use of Department of Defense resources 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, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, 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 response, 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
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Source file: Laws/federal/codes/united-states-code/title-42/section-5150-use-of-local-firms-and-individuals--5c0ddb4241.md
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Source location: Title 42, Chapter 68, § 5150; chapter-068-disaster-relief.md
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**(a) Contracts or agreements with private entities**
(1) **In general** — 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.
(2) **Construction** — This subsection shall not be considered to restrict the use of Department of Defense resources 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, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, 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 response, 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5147
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5301&num=0&edition=prelim) et seq.].
(4) [Section 1926 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1926&num=0&edition=prelim).
(5) The Public Works and Economic Development Act of 1965 [[42 U.S.C. 3121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3121&num=0&edition=prelim) et seq.].
(6) Subtitle IV of title 40.
(7) The Federal Water Pollution Control Act [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5153
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Initial report**
(1) **In general** — Not later than 180 days after October 4, 2006, the Administrator shall submit a report under paragraph (2) identifying—
(A) recurring disaster response requirements, including specific goods and services, for which the Agency is capable of contracting for in advance of a natural disaster or act of terrorism or other man-made disaster in a cost effective manner;
(B) recurring disaster response requirements, including specific goods and services, for which the Agency can not contract in advance of a natural disaster or act of terrorism or other man-made disaster in a cost effective manner; and
(C) a contracting strategy that maximizes the use of advance contracts to the extent practical and cost-effective.
(2) **Submission** — The report under paragraph (1) shall be submitted to the appropriate committees of Congress.
**(b) Entering into contracts**
(1) **In general** — Not later than 1 year after October 4, 2006, the Administrator shall enter into 1 or more contracts for each type of goods or services identified under subsection (a)(1)(A), and in accordance with the contracting strategy identified in subsection (a)(1)(C). Any contract for goods or services identified in subsection (a)(1)(A) previously awarded may be maintained in fulfilling this requirement.
(2) **Considered factors** — Before entering into any contract under this subsection, the Administrator shall consider [section 5150 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5150&num=0&edition=prelim).
(3) **Prenegotiated Federal contracts for goods and services** — The Administrator, in coordination with State and local governments and other Federal agencies, shall establish a process to ensure that Federal pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 792
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Federal law — U.S. Code and appendices · legal_authorities
Page 6375
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5150
formance 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.
(Pub. L. 93–288, title III, § 305, formerly § 308, May
22, 1974, 88 Stat. 149; renumbered § 305, Pub. L.
100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat.
4691.)
Editorial Notes
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.
PRIOR PROVISIONS
A prior section 305 of Pub. L. 93–288 was classified to
section 5145 of this title prior to repeal by Pub. L.
100–707.
§ 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 gov-
ernment.
(b) Appointment of temporary personnel, ex-
perts, 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 nec-
essary, without regard to the provisions of
title 5 governing appointments in competitive
service;
(2) to employ experts and consultants in ac-
cordance with the provisions of section 3109 of
such title, without regard to the provisions of
chapter 51 and sub
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5150
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