42 U.S.C. § 5202 — Repealed. Pub. L. 100–707, title I, § 108(c),

Page 6470 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5201 20), an institution described in subparagraph (A), (B), or (C) of section 1063b(e)(1) 1 of title 20, and a Hispanic-serving institution (as defined in section 1101a(a)(5) of title 20). (e) Application and review procedure To be eligible to receive a grant, contract, or cooperative agreement under this section, an or- ganization must submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Ad- ministrator may reasonably require. The Ad- ministrator shall establish a procedure by which to accept such applications. (f) Authorization of appropriation There is authorized to be appropriated to carry out this section $1,500,000 for fiscal year 2002 and such funds as may be necessary for fis- cal years 2003 through 2007. Such sums shall re- main available until expended. (Pub. L. 93–288, title VI, § 629, as added Pub. L. 107–73, title IV, § 431, Nov. 26, 2001, 115 Stat. 697; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.) Editorial Notes REFERENCES IN TEXT Section 632(p) of title 15, referred to in subsec. (c), was redesignated section 657a(b) of Title 15, Commerce and Trade, by Pub. L. 115–91, div. A, title XVII, § 1701(a)(2), Dec. 12, 2017, 131 Stat. 1795. Subparagraph (A), (B), or (C) of section 1063b(e)(1) of title 20, referred to in subsec. (d)(4), was in the original ‘‘subparagraph (A), (B), or (C) of section 326 of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C))’’, which was trans- lated as reading ‘‘subparagraph (A), (B), or (C) of sec- tion 326(e)(1) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C))’’ to reflect the probable intent of Congress. AMENDMENTS 2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’ wherever appearing. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER V—MISCELLANEOUS § 5201. Rules and regulations (a)(1) The President may prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this chap- ter, and he may exercise any power or authority conferred on him by any section of this chapter either directly or through such Federal agency or agencies as he may designate. (2) DEADLINE FOR PAYMENT OF ASSISTANCE.— Rules and regulations authorized by paragraph (1) shall provide that payment of any assistance under this chapter to a State shall be completed within 60 days after the date of approval of such assistance. (b) In furtherance of the purposes of this chap- ter, the President or his delegate may accept and use bequests, gifts, or donations of service, money, or property, real, personal, or mixed, tangible, or intangible. All sums received under this subsection shall be deposited in a separate fund on the books of the Treasury and shall be available for expenditure upon the certification of the President or his delegate. At the request of the President or his delegate, the Secretary of the Treasury may invest and reinvest excess monies in the fund. Such investments shall be in public debt securities with maturities suitable for the needs of the fund and shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obli- gations of the United States of comparable ma- turities. The interest on such investments shall be credited to, and form a part of, the fund. (Pub. L. 93–288, title VII, § 701, formerly title VI, § 601, May 22, 1974, 88 Stat. 163; Pub. L. 96–446, Oct. 13, 1980, 94 Stat. 1893; Pub. L. 100–707, title I, § 108(a), Nov. 23, 1988, 102 Stat. 4707; renum- bered title VII, § 701, Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100.) 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. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–707 designated existing provision as par. (1) and added par. (2). 1980—Pub. L. 96–446 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries DEADLINE FOR ISSUANCE OF REGULATIONS Pub. L. 100–707, title I, § 113, Nov. 23, 1988, 102 Stat. 4711, provided that: ‘‘Regulations necessary to carry out this title and the amendments made by this title [see Short Title of 1988 Amendment note set out under section 5121 of this title] shall be issued no later than the 180th day following the date of the enactment of this Act [Nov. 23, 1988].’’ [Functions of President under section 113 of Pub. L. 100–707 delegated to Director of Federal Emergency Management Agency by section 5 of Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, set out as a note under sec- tion 5195 of this title.] § 5202. Repealed. Pub. L. 100–707, title I, § 108(c), Nov. 23, 1988, 102 Stat. 4708 Section, Pub. L. 93–288, title VI, § 606, May 22, 1974, 88 Stat. 164; Pub. L. 95–51, § 1, June 20, 1977, 91 Stat. 233; Pub. L. 96–568, § 2, Dec. 22, 1980, 94 Stat. 3334, authorized appropriations of such sums as necessary to carry out this chapter through the close of Sept. 30, 1981. Page 6471 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5204b 1 See References in Text note below. § 5203. Excess disaster assistance payments as budgetary emergency requirements Beginning in fiscal year 1993, and in each year thereafter, notwithstanding any other provision of law, all amounts appropriated for disaster as- sistance payments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that are in excess of ei- ther the historical annual average obligation of $320,000,000, or the amount submitted in the President’s initial budget request, whichever is lower, shall be considered as ‘‘emergency re- quirements’’ pursuant to section 901(b)(2)(D) 1 of title 2, and such amounts shall on and after De- cember 12, 1991, be so designated. (Pub. L. 102–229, title I, Dec. 12, 1991, 105 Stat. 1711.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. Section 901 of title 2, referred to in text, was amended by Pub. L. 105–33, title X, § 10203(a)(4), Aug. 5, 1997, 111 Stat. 699, and Pub. L. 112–25, title I, § 101, Aug. 2, 2011, 125 Stat. 241. As so amended, section 901(b)(2)(D) of title 2 no longer refers to ‘‘emergency requirements’’. CODIFICATION Section was enacted as part of the Dire Emergency Supplemental Appropriations and Transfers for Relief From the Effects of Natural Disasters, for Other Urgent Needs, and for Incremental Cost of ‘‘Operation Desert Shield/Desert Storm’’ Act of 1992, and not as a part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter. § 5204. Insular areas disaster survival and recov- ery; definitions As used in sections 5204 to 5204c of this title— (1) the term ‘‘insular area’’ means any of the following: American Samoa, the Federated States of Micronesia, Guam, the Marshall Is- lands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Vir- gin Islands; (2) the term ‘‘disaster’’ means a declaration of a major disaster by the President after Sep- tember 1, 1989, pursuant to section 5170 of this title; and (3) the term ‘‘Secretary’’ means the Sec- retary of the Interior. (Pub. L. 102–247, title II, § 201, Feb. 24, 1992, 106 Stat. 37.) Editorial Notes REFERENCES IN TEXT Sections 5204 to 5204c of this title, referred to in text, was in the original ‘‘this title’’, meaning title II of Pub. L. 102–247, Feb. 24, 1992, 106 Stat. 37, which enacted sec- tions 5204 to 5204c of this title and amended section 5122 of this title. CODIFICATION Section was enacted as part of the Omnibus Insular Areas Act of 1992, and not as part of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act which comprises this chapter. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 5204a. Authorization of appropriations for insu- lar areas There are hereby authorized to be appro- priated to the Secretary such sums as may be necessary to— (1) reconstruct essential public facilities damaged by disasters in the insular areas that occurred prior to February 24, 1992; and (2) enhance the survivability of essential public facilities in the event of disasters in the insular areas, except that with respect to the disaster declared by the President in the case of Hurricane Hugo, September 1989, amounts for any fiscal year shall not exceed 25 percent of the estimated ag- gregate amount of grants to be made under sec- tions 5170b and 5172 of this title for such dis- aster. Such sums shall remain available until expended. (Pub. L. 102–247, title II, § 202, Feb. 24, 1992, 106 Stat. 37.) Editorial Notes CODIFICATION Section was enacted as part of the Omnibus Insular Areas Act of 1992, and not as part of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act which comprises this chapter. § 5204b. Technical assistance for insular areas (a) Upon the declaration by the President of a disaster in an insular area, the President, acting through the Administrator of the Federal Emer- gency Management Agency, shall assess, in co- operation with the Secretary and chief execu- tive of such insular area, the capability of the insular government to respond to the disaster, including the capability to assess damage; co- ordinate activities with Federal agencies, par- ticularly the Federal Emergency Management Agency; develop recovery plans, including rec- ommendations for enhancing the survivability of essential infrastructure; negotiate and man- age reconstruction contracts; and prevent the misuse of funds. If the President finds that the insular government lacks any of these or other capabilities essential to the recovery effort, then the President shall provide technical as- sistance to the insular area which the President deems necessary for the recovery effort. (b) One year following the declaration by the President of a disaster in an insular area, the Secretary, in consultation with the Adminis- trator of the Federal Emergency Management Agency, shall submit to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources a report on the status of the recovery effort, including an audit of Federal funds expended in the recovery effort