Public Law 119-87 (04/30/2026)

42 U.S.C. § 5150

Use of local firms and individuals

(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.

Pub. L. 93–288, title III, § 307Pub. L. 109–295, title VI, § 694120 Stat. 1459 Pub. L. 109–347, title VI, § 611120 Stat. 1943 (, as added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 93–28888 Stat. 143 section 5121 of this titleThis chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

Pub. L. 93–288, title III, § 30788 Stat. 150 Pub. L. 100–707, title I, § 105(e)102 Stat. 4691 Pub. L. 109–218, § 2120 Stat. 333 Pub. L. 109–295, title VI, § 694120 Stat. 1459 A prior section 5150, , formerly § 310, , ; renumbered § 307 and amended , , ; , , , provided for the use of local firms and individuals for major disaster or emergency assistance activities, prior to repeal by , , .

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

Amendments

Pub. L. 109–3472006—Subsec. (b)(3). added par. (3).