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42 U.S.C. § 5154 — Insurance

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5154 — Insurance

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Stable record: federal_law:legal_authorities:record_usc_4254bea52ded7e3aedaf7263
Source file: Laws/federal/codes/united-states-code/title-42/section-5154-insurance--8bfe68b605.md
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Source location: Title 42, Chapter 68, § 5154; chapter-068-disaster-relief.md

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**(a) Applicants for replacement of damaged facilities** (1) **Compliance with certain regulations** — An applicant for assistance under [section 5172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5172&num=0&edition=prelim) (relating to repair, restoration, and replacement of damaged facilities), [section 5189 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5189&num=0&edition=prelim) (relating to simplified procedure) or [section 3149(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3149/c/2&num=0&edition=prelim) shall comply with regulations prescribed by the President to assure that, with respect to any property to be replaced, restored, repaired, or constructed with such assistance, such types and extent of insurance will be obtained and maintained as may be reasonably available, adequate, and necessary, to protect against future loss to such property. (2) **Determination** — In making a determination with respect to availability, adequacy, and necessity under paragraph (1), the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance. **(b) Maintenance of insurance** No applicant for assistance under [section 5172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5172&num=0&edition=prelim) (relating to repair, restoration, and replacement of damaged facilities), [section 5189 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5189&num=0&edition=prelim) (relating to simplified procedure), or [section 3149(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3149/c/2&num=0&edition=prelim) may receive such assistance for any property or part thereof for which the applicant has previously received assistance under this chapter unless all insurance required pursuant to this section has been obtained and maintained with respect to such property. The requirements of this subsection may not be waived under [section 5141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5141&num=0&edition=prelim). **(c) State acting as self-insurer** A State may elect to act as a self-insurer with respect to any or all of the facilities owned by the State. Such an election, if declared in writing at the time of acceptance of assistance under section 5172 or 5189 of this title or [section 3149(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3149/c/2&num=0&edition=prelim) or subsequently and accompanied by a plan for self-insurance which is satisfactory to the President, shall be deemed compliance with subsection (a). No such self-insurer may receive assistance under section 5172 or 5189 of this title for any property or part thereof for which it has previously received assistance under this chapter, to the extent that insurance for such property or part thereof would have been reasonably available.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5141 — Waiver of administrative conditions

Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State or local authorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster.

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42 U.S.C. § 5189 — Simplified procedure

**(a) In general** If the Federal estimate of the cost of— (1) repairing, restoring, reconstructing, or replacing under [section 5172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5172&num=0&edition=prelim) any damaged or destroyed public facility or private nonprofit facility, (2) emergency assistance under section 5170b or 5192 of this title, or (3) debris removed under [section 5173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5173&num=0&edition=prelim), is less than $1,000,000 (or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b)), the President (on application of the State or local government or the owner or operator of the private nonprofit facility) may make the contribution to such State or local government or owner or operator under section 5170b, 5172, 5173, or 5192 of this title, as the case may be, on the basis of such Federal estimate. Such $1,000,000 amount or, if applicable, the amount established under subsection (b), shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. **(b) Threshold** (1) **Report** — Not later than 1 year after January 29, 2013, the President, acting through the Administrator of the Federal Emergency Management Agency (in this section referred to as the “Administrator”), shall— (A) complete an analysis to determine whether an increase in the threshold for eligibility under subsection (a) is appropriate, which shall include consideration of cost-effectiveness, speed of recovery, capacity of grantees, past performance, and accountability measures; and (B) submit to the Committee on Transpo

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5189

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

**(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

42 U.S.C. § 3233 — Savings clause

To the extent that any portion of grants made under this chapter are used for an economic development project that involves remediation, the remediation shall be conducted in compliance with all applicable Federal, State, and local laws and standards.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3233

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5151 — Nondiscrimination in disaster assistance

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5151

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5172 — Repair, restoration, and replacement of damaged facilities

**(a) Contributions** (1) **In general** — The President may make contributions— (A) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by the government; and (B) subject to paragraph (3), to a person that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person. (2) **Associated expenses** — For the purposes of this section, associated expenses shall include— (A) the costs of mobilizing and employing the National Guard for performance of eligible work; (B) the costs of using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging; (C) base and overtime wages for the employees and extra hires of a State, local government, or person described in paragraph (1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster; and (D) base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared. (3) **Conditions for assistance to private nonprofit facilities** (A) *In general* — The President may make contributions to a private nonprofit facility under paragraph (1)(B) only if— (i) the facility provides critical services (as defined by the President) in the event of a major disaster; or (ii) the owner or operator of the facility— (I) has applied for

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5172

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5157 — Penalties

**(a) Misuse of funds** Any person who knowingly misapplies the proceeds of a loan or other cash benefit obtained under this chapter shall be fined an amount equal to one and one-half times the misapplied amount of the proceeds or cash benefit. **(b) Civil enforcement** Whenever it appears that any person has violated or is about to violate any provision of this chapter, including any civil penalty imposed under this chapter, the Attorney General may bring a civil action for such relief as may be appropriate. Such action may be brought in an appropriate United States district court. **(c) Referral to Attorney General** The President shall expeditiously refer to the Attorney General for appropriate action any evidence developed in the performance of functions under this chapter that may warrant consideration for criminal prosecution. **(d) Civil penalty** Any individual who knowingly violates any order or regulation issued under this chapter shall be subject to a civil penalty of not more than $5,000 for each violation.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5154 — Insurance

Page 6378 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5154 present section but with references to different acts and provisions, prior to repeal by Pub. L. 100–707, § 105(g). A prior section 310 of Pub. L. 93–288 was renumbered section 307 by Pub. L. 100–707 and was classified to sec- tion 5150 of this title, prior to repeal by Pub. L. 109–295. § 5154. Insurance (a) Applicants for replacement of damaged facili- ties (1) Compliance with certain regulations An applicant for assistance under section 5172 of this title (relating to repair, restora- tion, and replacement of damaged facilities), section 5189 of this title (relating to simplified procedure) or section 3149(c)(2) of this title shall comply with regulations prescribed by the President to assure that, with respect to any property to be replaced, restored, re- paired, or constructed with such assistance, such types and extent of insurance will be ob- tained and maintained as may be reasonably available, adequate, and necessary, to protect against future loss to such property. (2) Determination In making a determination with respect to availability, adequacy, and necessity under paragraph (1), the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appro- priate State insurance commissioner respon- sible for regulation of such insurance. (b) Maintenance of insurance No applicant for assistance under section 5172 of this title (relating to repair, restoration, and replacement of damaged facilities), section 5189 of this title (relating to simplified procedure), or section 3149(c)(2) of this title may receive such assistance for any property or part thereof for which the applicant has previously received as- sistance under this c

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5154

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