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42 U.S.C. § 5205 — Disaster grant closeout procedures
Federal law — U.S. Code and appendices · legal_authorities
**(a) Statute of limitations**
(1) **In general** — Notwithstanding [section 3716(e) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716/e&num=0&edition=prelim) and except as provided in paragraph (2), no administrative action to recover any payment made to a State or local government for disaster or emergency assistance under this chapter shall be initiated in any forum after the date that is 3 years after the date of transmission of the final expenditure report for project completion as certified by the grantee.
(2) **Fraud exception** — The limitation under paragraph (1) shall apply unless there is evidence of civil or criminal fraud.
**(b) Rebuttal of presumption of record maintenance**
(1) **In general** — In any dispute arising under this section after the date that is 3 years after the date of transmission of the final expenditure report for project completion as certified by the grantee, there shall be a presumption that accounting records were maintained that adequately identify the source and application of funds provided for financially assisted activities.
(2) **Affirmative evidence** — The presumption described in paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph.
(3) **Inability to produce documentation** — The inability of the Federal, State, or local government to produce source documentation supporting expenditure reports later than 3 years after the date of transmission of the final expenditure report for project completion as certified by the grantee shall not constitute evidence to rebut the presumption described in paragraph (1).
(4) **Right of access** — The period during which the Fed
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Source file: Laws/federal/codes/united-states-code/title-42/section-5205-disaster-grant-closeout-procedures--c2aa7bda41.md
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Source location: Title 42, Chapter 68, § 5205; chapter-068-disaster-relief.md
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**(a) Statute of limitations**
(1) **In general** — Notwithstanding [section 3716(e) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716/e&num=0&edition=prelim) and except as provided in paragraph (2), no administrative action to recover any payment made to a State or local government for disaster or emergency assistance under this chapter shall be initiated in any forum after the date that is 3 years after the date of transmission of the final expenditure report for project completion as certified by the grantee.
(2) **Fraud exception** — The limitation under paragraph (1) shall apply unless there is evidence of civil or criminal fraud.
**(b) Rebuttal of presumption of record maintenance**
(1) **In general** — In any dispute arising under this section after the date that is 3 years after the date of transmission of the final expenditure report for project completion as certified by the grantee, there shall be a presumption that accounting records were maintained that adequately identify the source and application of funds provided for financially assisted activities.
(2) **Affirmative evidence** — The presumption described in paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph.
(3) **Inability to produce documentation** — The inability of the Federal, State, or local government to produce source documentation supporting expenditure reports later than 3 years after the date of transmission of the final expenditure report for project completion as certified by the grantee shall not constitute evidence to rebut the presumption described in paragraph (1).
(4) **Right of access** — The period during which the Federal, State, or local government has the right to access source documentation shall not be limited to the required 3-year retention period referred to in paragraph (3), but shall last as long as the records are maintained.
**(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** — The Administrator of the Federal Emergency Management Agency may develop incentives and penalties that encourage State, local, or Indian tribal governments to close out expenditures and activities on a timely basis related to disaster or emergency assistance.
(2) **Agency requirements** — The Federal Emergency Management Agency shall, consistent with applicable regulations and required procedures, meet its responsibilities to improve closeout practices and reduce the time to close disaster program awards.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress hereby finds and declares that—
(1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;
special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.
**(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;
(6) providing Federal assistance programs for both public and private losses sustained in disasters; and
(7) identifying and improving the climate and natural hazard resilience of vulnerable communities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Waiver authority**
(1) **Definition** — In this subsection, the term “covered assistance” means assistance provided—
(A) under [section 5174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5174&num=0&edition=prelim); and
(B) in relation to a major disaster or emergency declared by the President under section 5170 or 5191, respectively, of this title on or after October 28, 2012.
(2) **Authority** — Notwithstanding [section 3716(e) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716/e&num=0&edition=prelim), the Administrator—
(A) except as provided in subparagraph (B), shall—
(i) waive a debt owed to the United States related to covered assistance provided to an individual or household if the covered assistance was distributed based on an error by the Agency and such debt shall be construed as a hardship; and
(ii) waive a debt owed to the United States related to covered assistance provided to an individual or household if such assistance is subject to a claim or legal action, including in accordance with section 11 So in original. Probably should be a reference to section 317 of the Act. of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5160](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5160&num=0&edition=prelim)); and
(B) may not waive a debt under subparagraph (A) if the debt involves fraud, the presentation of a false claim, or misrepresentation by the debtor or any party having an interest in the claim.
(3) **Monitoring of covered assistance distributed based on error**
(A) *In general* — The Inspector General of the Department of Homeland Security shall monitor the distribution of cove
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5174a
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Federal law — U.S. Code and appendices · legal_authorities
Page 6472
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5204c
1 See References in Text note below.
and recommendations on how to improve public
health and safety, survivability of infrastruc-
ture, 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.)
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.
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘House
Committee on Natural Resources’’ for ‘‘House Com-
mittee on Interior and Insular Affairs’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Manage-
ment Agency’’ substituted for ‘‘Director of the Federal
Emergency Management Agency’’ in subsecs. (a) and
(b) on authority of section 612(c) of Pub. L. 109–295, set
out as a note under section 313 of Title 6, Domestic Se-
curity. Any reference to the Administrator of the Fed-
eral Emergency Management Agency in title VI of Pub.
L. 109–295 or an amendment by title VI to be considered
to refer and apply to the Director of the Federal Emer-
gency Management Agency until Mar. 31, 2007, see sec-
tion 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
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 Manageme
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5205
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