42 USC § 5150 - Use of local firms and individuals | LII / Legal Information Institute

(a) Contracts or agreements with private entities

(1) In general

In the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals 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 resources 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, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, 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 response, relief, and reconstruction activities shall transition work performed under contracts in effect on the date on which the President declares the emergency or major disaster to organizations, firms, and individuals residing or doing business primarily in any area affected by the major disaster or emergency, unless 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 requirements to facilitate compliance with this section.

(c) Prior contracts

Nothing in this section shall be construed to require any Federal agency to breach or renegotiate any contract in effect before the occurrence of a major disaster or emergency.

Source

(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.)

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 section 5121 of this title and Tables.

Prior Provisions

A prior section 5150,Pub. L. 93–288, title III, § 307, formerly § 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 individuals for major disaster or emergency assistance activities, prior to repeal by Pub. L. 109–295, title VI, § 694,Oct. 4, 2006, 120 Stat. 1459.

A prior section 307 ofPub. L. 93–288was renumbered section 304 by Pub. L. 100–707and is classified to section 5147 of this title.

Amendments

2006—Subsec. (b)(3). Pub. L. 109–347added par. (3).

The table below lists the classification updates, since Jan. 7, 2011, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 13, 2011

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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42 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

44 CFR - Title 44—Emergency Management and Assistance

44 CFR 201 - MITIGATION PLANNING

44 CFR 204 - FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM

44 CFR 206 - FEDERAL DISASTER ASSISTANCE

44 CFR 207 - MANAGEMENT COSTS

44 CFR 208 - NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM

44 CFR 80 - PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE

45 CFR - Title 45—Public Welfare

45 CFR 240 -

42 USC § 5150 - Use of local firms and individuals

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