U.S. Code » Title 42 » Chapter CHAPTER 68— DISASTER RELIEF › Subchapter SUBCHAPTER III— MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

42 U.S.C. § 5151

Nondiscrimination in disaster assistance

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(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 disaster or emergency. Such regulations shall include provisions for insuring that the distribution 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, disability, English proficiency, or economic status.

(b) Compliance with regulations as prerequisite to participation by other bodies in relief operations

As a condition of participation in the distribution 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 relating 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 NotesReferences 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 section 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”.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1993–2021 · leading case: Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020).
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Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020). · cites it 2× “§5057 (a)(1) (Domestic Volunteer Services; Nondiscrimination Provisions)  42 U. S. C. §5151 (a) (Nondiscrimination in Dis- aster Assistance)  42 U.”
Ridgely v. Fed. Emergency Mgmt. Agency, 512 F.3d 727 (5th Cir. 2008). · cites it 2× “See 42 U.S.C. § 5151 (a). [13] According to a declaration and transcript excerpt submitted by plaintiffs, a FEMA official testified in an earlier lawsuit that the initial eligibility decision for section 408 assistance was essentially automated, and that FEMA did not have…”
McWaters v. Fed. Emergency Mgmt. Agency, 436 F. Supp. 2d 802 (E.D. La. 2006). · cites it 7× “” See 42 U.S.C. § 5151 (a). 23 The non-discrimination provision of the Stafford Act ensures equal treatment and division of resources.”
Barbosa v. United States Dep't of Homeland Sec., 263 F. Supp. 3d 207 (D.D.C. 2017). · cites it 6× “See 42 U.S.C. § 5151 . That regulation requires that “[a]ll personnel carrying out Federal major disaster or emergency assistance functions .”
La Union Del Pueblo Entero v. Fed. Emergency Mgmt. Agency, 608 F.3d 217 (5th Cir. 2010). · cites it 2× “The Complaint alleges that FEMA violated 42 U.S.C. §§ 5151 (a) and 5174(j) “by failing to adopt and implement ascertainable standards necessary to insure that housing repair assistance under 42 U.”
La Union del Pueblo Entero v. Fed. Emergency Mgmt. Agency, 141 F. Supp. 3d 681 (S.D. Tex. 2015). · cites it 2× “” It also alleges that FEMA’s use of an unpublished “deferred maintenance policy” violates 42 U.S.C. § 5151 (a) by promoting economic discrimination.”
Barbosa v. U.S. Dep't of Homeland SEC., 916 F.3d 1068 (D.C. Cir. 2019). · cites it 2× “" 42 U.S.C. § 5151 (a) (emphasis added); (2) "The President shall prescribe rules and regulations to carry out this section, including criteria , standards , and procedures for determining eligibility for assistance.”
Ass'n of Cmty. Organizations for Reform Now v. Fed. Emergency Mgmt. Agency, 463 F. Supp. 2d 26 (D.D.C. 2006). “Thus, all of those receiving short-term assistance under Section 403 may apply for long-term assistance under Section 408, and until FEMA rules on which applicants are entitled to receive Section 408 benefits pursuant to the published criteria established by law, all are…”
McWaters v. Fed. Emergency Mgmt. Agency, 408 F. Supp. 2d 221 (E.D. La. 2006). · cites it 2× “42 U.S.C. § 5151 (a). In accordance with the above mandate, FEMA has promulgated its own “Nondiscrimination in disaster assistance” regulation which echoes the above sentiments.”
Santos v. Fed. Emergency Mgmt. Agency, 327 F. Supp. 3d 328 (D.D.C. 2018). “9 Plaintiffs' Discrimination Claim Plaintiffs assert that as Puerto Ricans, they have been discriminated against under the Stafford Act in violation of 42 U.S.C. § 5151 (a) (barring discrimination based on race, color, religion, nationality, sex, age, disability, English…”
Columbus Reg'l Hosp. v. Fed. Emergency Mgmt. Agency, 708 F.3d 893 (7th Cir. 2013). “The best the Hospital can do is point to 42 U.S.C. § 5151 (a) and 44 C.F.R. § 206.”
Maleche v. Solis, 692 F. Supp. 2d 679 (S.D. Tex. 2010). · cites it 2× “Such regulations shall include provisions for insuring that the distribution 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,…”
Show all 18 citing cases →
— 42 U.S.C. § 5151(a) — 1 case
Asencio v. Fed. Emergency Mgmt. Agency (D. Mass. 2018).
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