42 U.S.C. § 2394 — Contract to make payments

Page 5601 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2394 etc., see section 209 of Pub. L. 95–238, Feb. 25, 1978, 92 Stat. 76, set out as a note under section 5821 of this title. § 2392. Reduction of payments Any payment which becomes due under sec- tion 2391 of this title prior to the transfer of all municipal installations at the community may be reduced by such amount as the Administrator determines to be equitable based on the munic- ipal services then being performed by the En- ergy Research and Development Administration, and the municipal services then being performed by such governmental entity. (Aug. 4, 1955, ch. 543, ch. 9, § 92, 69 Stat. 482; Pub. L. 94–187, title VI, § 601(1), (8), Dec. 31, 1975, 89 Stat. 1077, 1078.) Editorial Notes AMENDMENTS 1975—Pub. L. 94–187 substituted ‘‘Administrator’’ for ‘‘Commission’’ where appearing first time and ‘‘Energy Research and Development Administration’’ for ‘‘Com- mission’’ where appearing second time. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. § 2393. Payments in anticipation of services; withholding of payments The payments made pursuant to section 2391 of this title to transferees of municipal installa- tions are in anticipation that the respective re- cipients of those payments furnish, or have fur- nished, for the community, the school, hospital, or other municipal services in respect of which the payments are made. Any such payment may be withheld, in whole or in part, if the Adminis- trator finds that the recipient is not furnishing such services for any part of the area so des- ignated. (Aug. 4, 1955, ch. 543, ch. 9, § 93, 69 Stat. 482; Pub. L. 94–187, title VI, § 601(1), Dec. 31, 1975, 89 Stat. 1077.) Editorial Notes AMENDMENTS 1975—Pub. L. 94–187 substituted ‘‘Administrator’’ for ‘‘Commission’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. § 2394. Contract to make payments The Administrator is authorized, without re- gard to sections 1341, 1342, and 1349–1351 and sub- chapter II of chapter 15 of title 31, to enter into a contract with any governmental or other enti- ty to which payments are authorized to be made pursuant to section 2391 of this title, obligating the Administrator to make to such entity the payments directed or authorized to be made by section 2391 of this title: Provided, however, That the term of such contracts, in the case of the cities of Oak Ridge, Tennessee, and Richland, Washington, and the Richland School District, shall not extend beyond June 30, 1979; and in the case of the Los Alamos School Board shall not extend beyond June 30, 1997; and in the case of the county of Los Alamos, New Mexico, shall not extend beyond June 30, 1997. The authority to enter into a contract under the preceding sen- tence with the Los Alamos School Board and with the county of Los Alamos, New Mexico, shall be effective with respect to a period before July 1, 1997, only to the extent or in such amounts as are provided in appropriation Acts. (Aug. 4, 1955, ch. 543, ch. 9, § 94, 69 Stat. 482; Pub. L. 90–190, § 3, Dec. 14, 1967, 81 Stat. 576; Pub. L. 94–187, title VI, § 601(1), (9), Dec. 31, 1975, 89 Stat. 1077, 1078; Pub. L. 95–238, title II, § 205(b), Feb. 25, 1978, 92 Stat. 61; Pub. L. 99–661, div. C, title I, § 3138(a), (b)(1), Nov. 14, 1986, 100 Stat. 4066; Pub. L. 104–106, div. C, title XXXI, § 3161(d), Feb. 10, 1996, 110 Stat. 627.) Editorial Notes CODIFICATION ‘‘Sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31’’ substituted in text for ‘‘section 3679 of the Revised Statutes [31 U.S.C. 665]’’ on author- ity of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1996—Pub. L. 104–106 substituted ‘‘June 30, 1997’’ for ‘‘June 30, 1996’’ in two places and ‘‘July 1, 1997’’ for ‘‘July 1, 1996’’. 1986—Pub. L. 99–661, § 3138(a), substituted ‘‘Los Ala- mos School Board shall not extend beyond June 30, 1996’’ for ‘‘Los Alamos School Board shall not extend beyond June 30, 1986’’ and ‘‘New Mexico, shall not ex- tend beyond June 30, 1996’’ for ‘‘New Mexico, shall not extend beyond June 30, 1987’’. Pub. L. 99–661, § 3138(b)(1), inserted at end ‘‘The au- thority to enter into a contract under the preceding sentence with the Los Alamos School Board and with the county of Los Alamos, New Mexico, shall be effec- tive with respect to a period before July 1, 1996, only to the extent or in such amounts as are provided in appro- priation Acts.’’ 1978—Pub. L. 95–238 inserted provisions for applica- bility to the Los Alamos School Board and the county of Los Alamos, New Mexico, substituted ‘‘payments are authorized’’ for ‘‘payments are required or authorized’’, and struck out applicability of provisions to Anderson and Roane Counties, Tennessee, for contracts not be- yond June 30, 1986. 1975—Pub. L. 94–187 substituted ‘‘Administrator’’ for ‘‘Commission’’ in two places and inserted provision that the term of such contracts shall not extend be- yond June 30, 1986, in the case of Anderson County and Roane County, Tennessee. The latter amendment was executed in this section, rather than to section 2393, as the probable intent of Congress. 1967—Pub. L. 90–190 inserted proviso, and ‘‘or author- ized’’ wherever appearing. Page 5602 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 2401 to 2413 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–661, div. C, title I, § 3138(b)(2), Nov. 14, 1986, 100 Stat. 4066, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall not apply with respect to a contract with the county of Los Ala- mos, New Mexico, to the extent that it covers the pe- riod before July 1, 1987.’’ TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. NONAPPLICABILITY OF TITLE II OF PUB. L. 95–238 TO ANY AUTHORIZATION OR APPROPRIATION FOR MILI- TARY APPLICATION OF NUCLEAR ENERGY, ETC.; DEFI- NITIONS Nonapplicability of provisions of title II of Pub. L. 95–238 with respect to any authorization or appropria- tion for any military application of nuclear energy, etc., see section 209 of Pub. L. 95–238, Feb. 25, 1978, 92 Stat. 76, set out as a note under section 5821 of this title. CHAPTER 25—FEDERAL FLOOD INSURANCE Sec. 2401 to 2413. Repealed. 2414. Issuance of notes by Administrator of Federal Emergency Management Agency; terms and conditions. 2415 to 2421. Repealed. §§ 2401 to 2413. Repealed. Pub. L. 90–448, title XIII, § 1303(c), Aug. 1, 1968, 82 Stat. 573 Section 2401, act Aug. 7, 1956, ch. 1025, § 2, 70 Stat. 1078, related to findings and declaration of purpose of this chapter. Section 2402, act Aug. 7, 1956, ch. 1025, § 3, 70 Stat. 1078, provided for administration of this chapter, ap- pointment and compensation of a Commissioner, finan- cial control, and accounting and audit. Section 2403, act Aug. 7, 1956, ch. 1025, § 4, 70 Stat. 1079, authorized insurance and reinsurance. Section 2404, act Aug. 7, 1956, ch. 1025, § 5, 70 Stat. 1080, authorized loans and prescribed their terms. Section 2405, act Aug. 7, 1956, ch. 1025, § 6, 70 Stat. 1080, provided for a combination of insurance and loans. Section 2406, act Aug. 7, 1956, ch. 1025, § 7, 70 Stat. 1080, required establishment of a schedule of estimated rates and fees. Section 2407, act Aug. 7, 1956, ch. 1025, § 8, 70 Stat. 1081, related to property and loss limits. Section 2408, act Aug. 7, 1956, ch. 1025, § 9, 70 Stat. 1081, related to classification, limitation or rejection of risks. Section 2409, act Aug. 7, 1956, ch. 1025, § 10, 70 Stat. 1081, prescribed policy and program limits. Section 2410, act Aug. 7, 1956, ch. 1025, § 11, 70 Stat. 1082, authorized reinsurance. Section 2411, act Aug. 7, 1956, ch. 1025, § 12, 70 Stat. 1082, related to availability of insurance from other sources, violations of flood zoning laws, and flood zon- ing restrictions to reduce damages from floods. Section 2412, act Aug. 7, 1956, ch. 1025, § 13, 70 Stat. 1082, provided for use of other public and private facili- ties and services, information, coordination of pro- grams and consultations. Section 2413, act Aug. 7, 1956, ch. 1025, § 14, 70 Stat. 1083, related to payment of claims and judicial review. See section 4001 et seq. of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 120 days following Aug. 1, 1968, or such later date prescribed by the Secretary but in no event more than 180 days following Aug. 1, 1968, see sec- tion 1377 of Pub. L. 90–448, set out as an Effective Date note under section 4001 of this title. SEPARABILITY Act Aug. 7, 1956, ch. 1025, § 23, 70 Stat. 1086, which pro- vided that the invalidity of any provision of act Aug. 7, 1956, or its application, should not affect the remainder thereof, was repealed by Pub. L. 90–448, title XIII, § 1303(c), Aug. 1, 1968, 82 Stat. 573. § 2414. Issuance of notes by Administrator of Federal Emergency Management Agency; terms and conditions (a) to (d) Repealed. Pub. L. 90–448, title XIII, § 1303(c), Aug. 1, 1968, 82 Stat. 573 (e) Issuance of notes by Administrator of Federal Emergency Management Agency; form, terms and conditions; purchase and sale by Sec- retary of the Treasury; public debt trans- actions The Administrator of the Federal Emergency Management Agency is authorized to issue to the Secretary of the Treasury from time to time and have outstanding at any one time, in an amount not exceeding $500,000,000 (or such great- er amount as may be approved by the President) notes or other obligations in such forms and de- nominations, bearing such maturities, and sub- ject to such terms and conditions as may be pre- scribed by the Administrator of the Federal Emergency Management Agency with the ap- proval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treas- ury, taking into consideration the current aver- age market yield on outstanding marketable ob- ligations of the United States of comparable ma- turities during the month preceding the issuance of such notes or other obligations. The Secretary of the Treasury is authorized and di- rected to purchase any notes and other obliga- tions to be issued under this subsection and for such purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under such chapter are extended to in- clude any purchases of such notes and obliga- tions. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemp- tions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. (Aug. 7, 1956, ch. 1025, § 15, 70 Stat. 1083; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L. 90–448, title XIII, § 1303, Aug. 1, 1968, 82 Stat. 573; Pub. L. 98–181, title I [title IV, § 451(f)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 98–479, title II, § 203(g), Oct. 17, 1984, 98 Stat. 2230; Pub. L. 100–242, title V, § 545(f), Feb. 5, 1988, 101 Stat. 1942; Pub. L. 112–141, div. F, title II, § 100238(c), July 6, 2012, 126 Stat. 958.) Editorial Notes AMENDMENTS 2012—Subsec. (e). Pub. L. 112–141 substituted ‘‘Admin- istrator’’ for ‘‘Director’’ in two places.