42 U.S.C. § 4401 — Untitled legal text

Page 6182 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4394 fected by such pollution, especially when such pollution reaches emergency levels, (3) his as- sessment of the measures, other than those re- lating solely to abatement of the pollution, that may be taken to avoid or reduce the effects of such pollution on the health of individuals, and (4) such legislative or other recommendations as he may deem appropriate. (Pub. L. 91–515, title V, § 501(c), Oct. 30, 1970, 84 Stat. 1310.) § 4394. Omitted Editorial Notes CODIFICATION Section, Pub. L. 91–515, title V, § 501(d), Oct. 30, 1970, 84 Stat. 1310, which required the President, within one year of his transmittal to Congress of the report re- quired by section 4393 of this title, and annually there- after, to supplement that report with such new data, evaluations, or recommendations as he may deem ap- propriate, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. See, also, item 6 on page 20 of House Document No. 103–7. § 4395. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pro- visions of this chapter. (Pub. L. 91–515, title V, § 501(e), Oct. 30, 1970, 84 Stat. 1310.) CHAPTER 58—DISASTER RELIEF SUBCHAPTER I—GENERALLY §§ 4401, 4402. Repealed. Pub. L. 93–288, title VII, § 703, formerly title VI, § 603, May 22, 1974, 88 Stat. 164; renumbered title VII, § 703, Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100 Section 4401, Pub. L. 91–606, title I, § 101, Dec. 31, 1970, 84 Stat. 1744, related to Congressional findings and dec- larations. Section 4402, Pub. L. 91–606, title I, § 102, Dec. 31, 1970, 84 Stat. 1745, related to definitions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of sections 4401 and 4402 effective Apr. 1, 1974, see section 605 of Pub. L. 93–288, formerly set out as an Effective Date note under section 5121 of this title. SHORT TITLE Pub. L. 91–606, § 1, Dec. 31, 1970, 84 Stat. 1744, provided that Pub. L. 91–606 which enacted this chapter, amend- ed section 1926 of Title 7, Agriculture, sections 1706c, 1709, and 1715l of Title 12, Banks and Banking, sections 241–1, 646, and 758 of Title 20, Education, sections 165, 5064, and 5708 of Title 26, Internal Revenue Code, sec- tion 1820 [now 3720] of Title 38, Veterans’ Benefits, and section 461 of former Title 40, Public Buildings, Prop- erty, and Works, repealed sections 1855 to 1855g, 1855aa, 1855aa note, 1855bb to 1855ii, 1855aaa, 1855aaa note, 1855bbb to 1855nnn of this title, and enacted provisions set out as notes under sections 4401 and 4434 of this title, and amended provisions set out as a note under section 1681 of Title 48, Territories and Insular Posses- sions, may be cited as the ‘‘Disaster Relief Act of 1970’’. SAVINGS PROVISION Section 703, formerly section 603, of Pub. L. 93–288, as renumbered by Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100, provided in part that notwithstanding repeal of the provisions of Disaster Relief Act of 1970, such provisions should con- tinue in effect with respect to any major disaster de- clared prior to May 22, 1974. REFERENCES TO DISASTER RELIEF ACT OF 1970 Pub. L. 93–288, title VII, § 702(m), formerly title VI, § 602(m), May 22, 1974, 88 Stat. 164, as renumbered by Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100, provided that: ‘‘Whenever ref- erence is made in any provision of law (other than this Act [the Disaster Relief Act of 1974, see Short Title note set out under section 5121 of this title]), regulation rule, record, or documents of the United States to pro- visions of the Disaster Relief Act of 1970 (84 Stat. 1744) [see Short Title note above], repealed by this Act such reference shall be deemed to be a reference to the ap- propriate provision of this Act.’’ REFERENCES TO ACT OF SEPTEMBER 30, 1950 Pub. L. 91–606, title III, § 301(l), Dec. 31, 1970, 84 Stat. 1758, provided that whenever reference is made in any provision of law (other than this chapter), regulation, rule, record, or document of the United States to the Act of Sept. 30, 1950, ch. 1125, 64 Stat. 1109, (classified to sections 1855 to 1855g of this title), or to any provision of such Act, such reference shall be deemed to be a ref- erence to the Disaster Relief Act of 1970 or to the ap- propriate provision of the Disaster Relief Act of 1970 unless no such provision was included therein, prior to repeal by Pub. L. 93–288, title VII, § 703, formerly title VI, § 603, May 22, 1974, 88 Stat. 164, renumbered title VII, § 703, Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100. AVAILABILITY OF FUNDS APPROPRIATED UNDER THIS CHAPTER FOR USE UNDER CHAPTER 68 Pub. L. 93–288, title VII, § 704, formerly title VI, § 604, May 22, 1974, 88 Stat. 164, as renumbered by Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100, provided that: ‘‘Funds heretofore appro- priated and available under Public Laws 91–606, as amended [this chapter], and 92–385 [amending section 4451 of this title and sections 633 and 636 of Title 15, Commerce and Trade, repealing section 1969 of Title 7, Agriculture, enacting provisions set out as notes under section 4401 of this title and section 636 of Title 15] shall continue to be available for the purpose of pro- viding assistance under those Acts as well as for the purposes of this Act [see Short Title note set out under section 5121 of this title].’’ USE OF FUNDS ALLOCATED BEFORE DECEMBER 31, 1970 Pub. L. 91–606, title III, § 303, Dec. 31, 1970, 84 Stat. 1759, provided that funds allocated before Dec. 31, 1970, under a Federal-State Disaster Agreement for the relief of a major disaster and not expended on Dec. 31, 1970, may be used by the state to make payments to any per- son for reimbursement of expenses actually incurred by such person in the removal of debris from community areas, but not to exceed the amount that such expenses exceed the salvage value of such debris, or in otherwise carrying out the act of Sept. 30, 1950, or this chapter. REPORT TO CONGRESS; PROPOSALS FOR LEGISLATION Pub. L. 92–385, § 3, Aug. 16, 1972, 86 Stat. 556, required President to conduct a thorough review of existing dis- aster relief legislation and to submit a report to Con- gress not later than Jan. 1, 1973. Executive Documents DELEGATION OF FUNCTIONS Functions of President under the Disaster Relief Acts of 1970 and 1974 delegated, with certain exceptions, to Secretary of Homeland Security, see sections 4–201 and 4–203 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, Page 6183 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 4453 to 4456 as amended, set out as a note under section 5195 of this title. EXECUTIVE ORDER NO. 11526 Ex. Ord. No. 11526, eff. Apr. 22, 1970, 35 F.R. 6569, which provided for establishment of National Council on Fed- eral Disaster Assistance, was superseded by Ex. Ord. No. 11749, formerly set out below. EXECUTIVE ORDER NO. 11575 Ex. Ord. No. 11575, eff. Dec. 31, 1970, 36 F.R. 37, which related to administration of this chapter, was super- seded by Ex. Ord. No. 11749, formerly set out below. EXECUTIVE ORDER NO. 11749 Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which related to consolidation of functions assigned to Sec- retary of Housing and Urban Development, was revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out as a note under section 5195 of this title. See Delegation of Functions note above. SUBCHAPTER II—ADMINISTRATION OF DISASTER ASSISTANCE §§ 4411 to 4413. Repealed. Pub. L. 93–288, title VII, § 703, formerly title VI, § 603, May 22, 1974, 88 Stat. 164; renumbered title VII, § 703, Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100 Section 4411, Pub. L. 91–606, title II, § 201, Dec. 31, 1970, 84 Stat. 1746, related to cooperation of Federal agencies of a Federal coordinating officer. Section 4412, Pub. L. 91–606, title II, § 202, Dec. 31, 1970, 84 Stat. 1746, related to formation of emergency support teams of Federal personnel. Section 4413, Pub. L. 91–606, title II, § 203, Dec. 31, 1970, 84 Stat. 1747, related to cooperation of Federal agencies in rendering emergency assistance, the scope of serv- ices, non-liability of the Federal government, employ- ment of temporary personnel, rules and regulations, re- view of programs, and reports to Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Apr. 1, 1974, see section 605 of Pub. L. 93–288, formerly set out as an Effective Date note under section 5121 of this title. § 4413a. Transferred Editorial Notes CODIFICATION Section, Pub. L. 92–383, title IV, § 406, Aug. 14, 1972, 86 Stat. 553, which related to Housing and Urban Develop- ment Disaster Assistance Fund, and which was enacted as part of the Department of Housing and Urban Devel- opment; Space, Science, Veterans’ and Certain Other Independent Agencies Appropriation Act, 1973, and not as part of the Disaster Relief Act of 1970, was trans- ferred to section 3539 of this title. §§ 4414 to 4420. Repealed. Pub. L. 93–288, title VII, § 703, formerly title VI, § 603, May 22, 1974, 88 Stat. 164; renumbered title VII, § 703, Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100 Section 4414, Pub. L. 91–606, title II, § 204, Dec. 31, 1970, 84 Stat. 1748, related to use of local firms and individ- uals. Section 4415, Pub. L. 91–606, title II, § 205, Dec. 31, 1970, 84 Stat. 1748, related to Federal grant-in-aid programs. Section 4416, Pub. L. 91–606, title II, § 206, Dec. 31, 1970, 84 Stat. 1749, related to State disaster plans. Section 4417, Pub. L. 91–606, title II, § 207, Dec. 31, 1970, 84 Stat. 1749, related to use and coordination of relief organizations. Section 4418, Pub. L. 91–606, title II, § 208, Dec. 31, 1970, 84 Stat. 1750, related to restriction on duplication of benefits. Section 4419, Pub. L. 91–606, title II, § 209, Dec. 31, 1970, 84 Stat. 1750, related to nondiscrimination restrictions in disaster assistance. Section 4420, Pub. L. 91–606, title II, § 210, Dec. 31, 1970, 84 Stat. 1750, related to disaster warnings. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Apr. 1, 1974, see section 605 of Pub. L. 93–288, formerly set out as an Effective Date note under section 5121 of this title. §§ 4431 to 4436. Repealed. Pub. L. 93–288, title VII, § 703, formerly title VI, § 603, May 22, 1974, 88 Stat. 164; renumbered title VII, § 703, Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100 Section 4431, Pub. L. 91–606, title II, § 221, Dec. 31, 1970, 84 Stat. 1751, related to predisaster assistance. Section 4432, Pub. L. 91–606, title II, § 222, Dec. 31, 1970, 84 Stat. 1751, related to emergency communications. Section 4433, Pub. L. 91–606, title II, § 223, Dec. 31, 1970, 84 Stat. 1751, related to emergency transportation. Section 4434, Pub. L. 91–606, title II, § 224, Dec. 31, 1970, 84 Stat. 1751, related to removal of debris. Section 4435, Pub. L. 91–606, title II, § 225, Dec. 31, 1970, 84 Stat. 1751, related to fire suppression. Section 4436, Pub. L. 91–606, title II, § 226, Dec. 31, 1970, 84 Stat. 1751, related to temporary housing assistance. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Apr. 1, 1974, see section 605 of Pub. L. 93–288, formerly set out as an Effective Date note under section 5121 of this title. § 4451. Transferred Editorial Notes CODIFICATION Section, Pub. L. 91–606, title II, § 231, Dec. 31, 1970, 84 Stat. 1752; Pub. L. 92–385, § 6, Aug. 16, 1972, 86 Stat. 559, which related to small business disaster loans, was transferred to section 636a of Title 15, Commerce and Trade, and subsequently repealed. § 4452. Repealed. Pub. L. 93–24, § 7, Apr. 20, 1973, 87 Stat. 25 Section, Pub. L. 91–606, title II, § 232, Dec. 31, 1970, 84 Stat. 1753, provided for emergency farm loans. See sec- tion 1961 of Title 7, Agriculture. §§ 4453 to 4456. Transferred Editorial Notes CODIFICATION Section 4453, Pub. L. 91–606, title II, § 234, Dec. 31, 1970, 84 Stat. 1754, which related to disaster loan interest rates, was transferred to section 636b of Title 15, Com- merce and Trade. Section 4454, Pub. L. 91–606, title II, § 235, Dec. 31, 1970, 84 Stat. 1754, which related to prohibition on consider- ation of age of applicant for disaster loans, was trans- ferred to section 636c of Title 15. Section 4455(a), Pub. L. 91–606, title II, § 236(a), Dec. 31, 1970, 84 Stat. 1754, which related to authority of the