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 or practicable to do so. (3) Formulation of requirements The head of a Federal agency, as feasible and practicable, shall formulate appropriate re- quirements to facilitate compliance with this section. (c) Prior contracts Nothing in this section shall be construed to require any Federal agency to breach or renego- tiate any contract in effect before the occur- rence of a major disaster or emergency. (Pub. L. 93–288, title III, § 307, as added Pub. L. 109–295, title VI, § 694, Oct. 4, 2006, 120 Stat. 1459; amended Pub. L. 109–347, title VI, § 611, Oct. 13, 2006, 120 Stat. 1943.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(2), 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. PRIOR PROVISIONS A prior section 5150, Pub. L. 93–288, title III, § 307, for- merly § 310, May 22, 1974, 88 Stat. 150; renumbered § 307 and amended Pub. L. 100–707, title I, § 105(e), Nov. 23, 1988, 102 Stat. 4691; Pub. L. 109–218, § 2, Apr. 20, 2006, 120 Stat. 333, provided for the use of local firms and indi- viduals for major disaster or emergency assistance ac- tivities, prior to repeal by Pub. L. 109–295, title VI, § 694, Oct. 4, 2006, 120 Stat. 1459. A prior section 307 of Pub. L. 93–288 was renumbered section 304 by Pub. L. 100–707 and is classified to section 5147 of this title. AMENDMENTS 2006—Subsec. (b)(3). Pub. L. 109–347 added par. (3). § 5151. Nondiscrimination in disaster assistance (a) Regulations for equitable and impartial relief operations The President shall issue, and may alter and amend, such regulations as may be necessary for the guidance of personnel carrying out Federal assistance functions at the site of a major dis- aster or emergency. Such regulations shall in- clude provisions for insuring that the distribu- tion of supplies, the processing of applications, and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, dis- ability, English proficiency, or economic status. (b) Compliance with regulations as prerequisite to participation by other bodies in relief op- erations As a condition of participation in the distribu- tion of assistance or supplies under this chapter or of receiving assistance under this chapter, governmental bodies and other organizations shall be required to comply with regulations re- lating to nondiscrimination promulgated by the President, and such other regulations applicable to activities within an area affected by a major disaster or emergency as he deems necessary for the effective coordination of relief efforts. (Pub. L. 93–288, title III, § 308, formerly § 311, May 22, 1974, 88 Stat. 150; renumbered § 308 and amended Pub. L. 100–707, title I, § 105(f), Nov. 23, 1988, 102 Stat. 4691; Pub. L. 109–295, title VI, § 689a, Oct. 4, 2006, 120 Stat. 1449.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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. PRIOR PROVISIONS A prior section 308 of Pub. L. 93–288 was renumbered section 305 by Pub. L. 100–707 and is classified to section 5148 of this title. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–295 inserted ‘‘disability, English proficiency,’’ after ‘‘age,’’. 1988—Subsec. (b). Pub. L. 100–707 substituted ‘‘this chapter’’ for ‘‘section 5172 or 5174 of this title’’ after ‘‘assistance under’’. § 5152. Use and coordination of relief organiza- tions (a) In providing relief and assistance under this chapter, the President may utilize, with Page 6377 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5153 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 organiza- tions, in the distribution of medicine, food, sup- plies, or other items, and in the restoration, re- habilitation, or reconstruction of community services housing and essential facilities, when- ever 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 Dis- aster Service, long-term recovery groups, do- mestic hunger relief, and other relief, or disaster assistance organizations under which the dis- aster relief activities of such organizations may be coordinated by the Federal coordinating offi- cer whenever such organizations are engaged in providing relief during and after a major dis- aster or emergency. Any such agreement shall include provisions assuring that use of Federal facilities, supplies, and services will be in com- pliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President under this chap- ter, and such other regulation as the President may require. (Pub. L. 93–288, title III, § 309, formerly § 312, May 22, 1974, 88 Stat. 150; renumbered § 309, Pub. L. 100–707, title I, § 105(f), Nov. 23, 1988, 102 Stat. 4691; amended Pub. L. 115–254, div. D, § 1227, Oct. 5, 2018, 132 Stat. 3458.) 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 309 of Pub. L. 93–288 was renumbered section 306 by Pub. L. 100–707 and is classified to section 5149 of this title. AMENDMENTS 2018—Subsecs. (a), (b). Pub. L. 115–254 substituted ‘‘long-term recovery groups, domestic hunger relief, and other relief, or’’ for ‘‘and other relief or’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the Presi- dent on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see sec- tion 1202 of Pub. L. 115–254, set out as a note under sec- tion 5121 of this title. § 5153. Priority to certain applications for public facility and public housing assistance (a) Priority In the processing of applications for assist- ance, priority and immediate consideration shall be given by the head of the appropriate Federal agency, during such period as the Presi- dent shall prescribe, to applications from public bodies situated in areas affected by major disas- ters under the following Acts: (1) The United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] for the provision of low-in- come housing. (2) Sections 3502 to 3505 of title 40 for assist- ance 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 et seq.]. (4) Section 1926 of title 7. (5) The Public Works and Economic Develop- ment Act of 1965 [42 U.S.C. 3121 et seq.]. (6) Subtitle IV of title 40. (7) The Federal Water Pollution Control Act [33 U.S.C. 1251 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 Sec- retary of Housing and Urban Development and the Secretary of Commerce shall give priority to applications for projects for major disaster areas. (Pub. L. 93–288, title III, § 310, as added Pub. L. 100–707, title I, § 105(g), Nov. 23, 1988, 102 Stat. 4691.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in subsec. (a)(1), is act Sept. 1, 1937, ch. 896, as revised gen- erally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. The Housing and Community Development Act of 1974, referred to in subsec. (a)(3), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. Title I of the Housing and Commu- nity Development Act of 1974 is classified principally to chapter 69 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The Public Works and Economic Development Act of 1965, as amended, referred to in subsec. (a)(5), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified principally to chapter 38 (§ 3121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of this title and Tables. The Federal Water Pollution Control Act, referred to in subsec. (a)(7), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For com- plete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Ta- bles. CODIFICATION ‘‘Sections 3502 to 3505 of title 40’’ substituted for ‘‘Section 702 of the Housing Act of 1954’’ in subsec. (a)(2) and ‘‘Subtitle IV of title 40’’ substituted for ‘‘The Appalachian Regional Development Act of 1965’’ in sub- sec. (a)(6) on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. PRIOR PROVISIONS A prior section 5153, Pub. L. 93–288, title III, § 313, May 22, 1974, 88 Stat. 150, related to same subject matter as