1. U.S. Code
  2. title 42
  3. chapter 68
  4. subchapter V
  5. § 5201

Collapse to view only § 5201. Rules and regulations

§ 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 chapter, 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 chapter, 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 obligations of the United States of comparable maturities. 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; renumbered title VII, § 701, Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100.)

CITE AS: 42 USC 5201

§ 5202. Repealed. Pub. L. 100–707, title I, § 108(c), Nov. 23, 1988, 102 Stat. 4708

CITE AS: 42 USC 5202

§ 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 assistance payments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that are in excess of either 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 requirements” pursuant to section 901(b)(2)(D) 1

1 See References in Text note below.
of title 2, and such amounts shall on and after December 12, 1991, be so designated.

(Pub. L. 102–229, title I, Dec. 12, 1991, 105 Stat. 1711.)

CITE AS: 42 USC 5203

§ 5204. Insular areas disaster survival and recovery; 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 Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands;
(2) the term “disaster” means a declaration of a major disaster by the President after September 1, 1989, pursuant to section 5170 of this title; and
(3) the term “Secretary” means the Secretary of the Interior.
(Pub. L. 102–247, title II, § 201, Feb. 24, 1992, 106 Stat. 37.)

CITE AS: 42 USC 5204

§ 5204a. Authorization of appropriations for insular areas
There are hereby authorized to be appropriated 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 aggregate amount of grants to be made under sections 5170b and 5172 of this title for such disaster. Such sums shall remain available until expended.
(Pub. L. 102–247, title II, § 202, Feb. 24, 1992, 106 Stat. 37.)

CITE AS: 42 USC 5204a

§ 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 Emergency Management Agency, shall assess, in cooperation with the Secretary and chief executive of such insular area, the capability of the insular government to respond to the disaster, including the capability to assess damage; coordinate activities with Federal agencies, particularly the Federal Emergency Management Agency; develop recovery plans, including recommendations for enhancing the survivability of essential infrastructure; negotiate and manage 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 assistance 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 Administrator 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 and recommendations on how to improve public health and safety, survivability of infrastructure, recovery efforts, and effective use of funds in the event of future disasters.
(Pub. L. 102–247, title II, § 203, Feb. 24, 1992, 106 Stat. 37; Pub. L. 103–437, § 15(p), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)

CITE AS: 42 USC 5204b

§ 5204c. Hazard mitigation for insular areas

The total of contributions under the last sentence of section 5170c of this title for the insular areas shall not exceed 10 percent of the estimated aggregate amounts of grants to be made under sections 5170b, 5172, 5173, 5174, and 5178 1

1 See References in Text note below.
of this title for any disaster: Provided, That the President shall require a 50 percent local match for assistance in excess of 10 percent of the estimated aggregate amount of grants to be made under section 5172 of this title for any disaster.

(Pub. L. 102–247, title II, § 204, Feb. 24, 1992, 106 Stat. 38.)

CITE AS: 42 USC 5204c

§ 5205. Disaster grant closeout procedures
(a) Statute of limitations
(1) In general
(2) Fraud exception
(b) Rebuttal of presumption of record maintenance
(1) In general
(2) Affirmative evidence
(3) Inability to produce documentation
(4) Right of access
(c) Binding nature of grant requirements
A State or local government shall not be liable for reimbursement or any other penalty for any payment made under this chapter if—
(1) the payment was authorized by an approved agreement specifying the costs;
(2) the costs were reasonable; and
(3) the purpose of the grant was accomplished.
(d) Facilitating closeout
(1) Incentives
(2) Agency requirements
(Pub. L. 93–288, title VII, § 705, as added Pub. L. 106–390, title III, § 304, Oct. 30, 2000, 114 Stat. 1573; amended Pub. L. 115–254, div. D, §§ 1216(c)(1), 1221(a), Oct. 5, 2018, 132 Stat. 3451, 3453.)

CITE AS: 42 USC 5205

§ 5205a. Certain recoupment prohibited
(a) In general
(b) Covered disaster assistance defined
(1) provided to a local government pursuant to section 5170b, 5172, or 5173 of this title; and
(2) with respect to which the inspector general of the Department of Homeland Security has determined, after an audit, that—
(A) the Agency deployed to the local government a Technical Assistance Contractor to review field operations, provide eligibility advice, and assist with day-to-day decisions;
(B) the Technical Assistance Contractor provided inaccurate information to the local government; and
(C) the local government relied on the inaccurate information to determine that relevant contracts were eligible, reasonable, and reimbursable.
(c) Effective date
(Pub. L. 115–254, div. D, § 1237, Oct. 5, 2018, 132 Stat. 3464.)

CITE AS: 42 USC 5205a

§ 5206. Buy American
(a) Compliance with chapter 83 of title 41
(b) Debarment of persons convicted of fraudulent use of “Made in America” labels
(1) In general
(2) Definition of debar
(Pub. L. 106–390, title III, § 306, Oct. 30, 2000, 114 Stat. 1574; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 117–81, div. A, title XVII, § 1702(j)(4), Dec. 27, 2021, 135 Stat. 2159.)

CITE AS: 42 USC 5206

§ 5207. Firearms policies
(a) Prohibition on confiscation of firearms
No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may—
(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
(2) require registration of any firearm for which registration is not required by Federal, State, or local law;
(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or
(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.
(b) Limitation
(c) Private rights of action
(1) In general
(2) Remedies
(3) Attorney fees
(Pub. L. 93–288, title VII, § 706, as added Pub. L. 109–295, title V, § 557, Oct. 4, 2006, 120 Stat. 1391.)

CITE AS: 42 USC 5207

§ 5208. Repealed. Pub. L. 112–74, div. D, title III, Dec. 23, 2011, 125 Stat. 963

CITE AS: 42 USC 5208