42 U.S.C. § 5141 — Waiver of administrative conditions

Page 6373 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5143 title [subtitle B (§§ 7311–7315) of title LXXIII of div. G of Pub. L. 117–263, see Short Title of 2022 Amendment note set out under section 5121 of this title] shall diminish or divert resources from— ‘‘(1) the full completion of federally-led chemical surety material storage missions or chemical demili- tarization missions that are underway as of the date of enactment of this Act [Dec. 23, 2022]; or ‘‘(2) any transitional activities or other community assistance incidental to the completion of the mis- sions described in paragraph (1).’’ DEFINITIONS Pub. L. 117–263, div. G, title LXXIII, § 7312, Dec. 23, 2022, 136 Stat. 3689, provided that: ‘‘In this subtitle [sub- title B (§§ 7311–7315) of title LXXIII of div. G of Pub. L. 117–263, see Short Title of 2022 Amendment note set out under section 5121 of this title]: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. ‘‘(2) INDIAN TRIBAL GOVERNMENT.—The term ‘Indian Tribal government’ has the meaning given the term ‘Indian tribal government’ in section 102 of the Rob- ert T. Stafford Disaster Relief and Emergency Assist- ance Act (42 U.S.C. 5122). ‘‘(3) LOCAL GOVERNMENT; STATE.—The terms ‘local government’ and ‘State’ have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). ‘‘(4) TECHNOLOGICAL HAZARD AND RELATED EMERGING THREAT.—The term ‘technological hazard and related emerging threat’— ‘‘(A) means a hazard that involves materials cre- ated by humans that pose a unique hazard to the general public and environment and which may re- sult from— ‘‘(i) an accident; ‘‘(ii) an emergency caused by another hazard; or ‘‘(iii) intentional use of the hazardous mate- rials; and ‘‘(B) includes a chemical, radiological, biological, and nuclear hazard.’’ SUBCHAPTER III—MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRA- TION § 5141. Waiver of administrative conditions Any Federal agency charged with the adminis- tration of a Federal assistance program may, if so requested by the applicant State or local au- thorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster. (Pub. L. 93–288, title III, § 301, as added Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691.) Editorial Notes PRIOR PROVISIONS A prior section 5141, Pub. L. 93–288, title III, § 301, May 22, 1974, 88 Stat. 146, set out procedure for determina- tion of existence of emergency or major disaster, prior to repeal by Pub. L. 100–707, § 105(a)(2). § 5142. Repealed. Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691 Section, Pub. L. 93–288, title III, § 302, May 22, 1974, 88 Stat. 146, related to Federal assistance and its coordi- nation with State and local disaster assistance. § 5143. Coordinating officers (a) Appointment of Federal coordinating officer Immediately upon his declaration of a major disaster or emergency, the President shall ap- point a Federal coordinating officer to operate in the affected area. (b) Functions of Federal coordinating officer In order to effectuate the purposes of this chapter, the Federal coordinating officer, within the affected area, shall— (1) make an initial appraisal of the types of relief most urgently needed; (2) establish such field offices as he deems necessary and as are authorized by the Presi- dent; (3) coordinate the administration of relief, including activities of the State and local gov- ernments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, which agree to operate under his advice or direction, except that nothing contained in this chapter shall limit or in any way affect the responsibilities of the American National Red Cross under chapter 3001 of title 36; and (4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this chapter, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are enti- tled. (c) State coordinating officer When the President determines assistance under this chapter is necessary, he shall request that the Governor of the affected State des- ignate a State coordinating officer for the pur- pose of coordinating State and local disaster as- sistance efforts with those of the Federal Gov- ernment. (d) Single Federal coordinating officer for multistate area Where the area affected by a major disaster or emergency includes parts of more than 1 State, the President, at the discretion of the President, may appoint a single Federal coordinating offi- cer for the entire affected area, and may appoint such deputy Federal coordinating officers to as- sist the Federal coordinating officer as the President determines appropriate. (Pub. L. 93–288, title III, § 302, formerly § 303, May 22, 1974, 88 Stat. 147; renumbered § 302 and amended Pub. L. 100–707, title I, § 105(b), Nov. 23, 1988, 102 Stat. 4691; Pub. L. 109–295, title VI, § 687, Oct. 4, 2006, 120 Stat. 1448.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), 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 sec- tion 5121 of this title and Tables. CODIFICATION In subsec. (b)(3), ‘‘chapter 3001 of title 36’’ substituted for ‘‘the Act of January 5, 1905, as amended (33 Stat.