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42 U.S.C. § 5174a — Flexibility

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

42 U.S.C. § 5174a — Flexibility

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Source file: Laws/federal/codes/united-states-code/title-42/section-5174a-flexibility--27d34c1fd1.md
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Source location: Title 42, Chapter 68, § 5174a; chapter-068-disaster-relief.md

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**(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 covered assistance to individuals and households to determine the percentage of such assistance distributed based on an error. (B) *Report on waiver authority based on excessive error rate* — If the Inspector General of the Department of Homeland Security determines, with respect to any 12-month period, that the amount of covered assistance distributed based on an error by the Agency exceeds 4 percent of the total amount of covered assistance distributed— (i) the Inspector General shall notify the Administrator and publish the determination in the Federal Register; and (ii) with respect to any major disaster or emergency declared by the President under section 5170 or section 5191, respectively, of this title after the date on which the determination is published under subparagraph (A), the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate actions that the Administrator will take to reduce the error rate. **(b) Recoupment of certain assistance prohibited** (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 unless there is evidence of civil or criminal fraud, the Agency may not take any action to recoup covered assistance from the recipient of such assistance if the receipt of such assistance occurred on a date that is more than 3 years before the date on which the Agency first provides to the recipient written notification of an intent to recoup. (2) **Covered assistance defined** — 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 of this title, respectively, on or after January 1, 2012. **(c) Statute of limitations** (1) **Omitted** (2) **Applicability** (A) *In general* — With respect to disaster or emergency assistance provided to a State or local government on or after January 1, 2004— (i) no administrative action may be taken to recover a payment of such assistance after October 5, 2018, if the action is prohibited under [section 5205(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5205/a/1&num=0&edition=prelim), as amended by paragraph (1); and (ii) any administrative action to recover a payment of such assistance that is pending on such date of enactment shall be terminated if the action is prohibited under [section 5205(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5205/a/1&num=0&edition=prelim), as amended by paragraph (1). (B) *Limitation* — This section, including the amendments made by this section, may not be construed to invalidate or otherwise affect any administration action completed before October 5, 2018.

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

42 U.S.C. § 5205 — Disaster grant closeout procedures

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5205

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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.

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

42 U.S.C. § 5122 — Definitions

As used in this chapter— (1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (2) **Major disaster.—** — “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) “Governor” means the chief executive of any State. (6) **Indian tribal government.—** — The term “Indian tribal government” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5122

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

42 U.S.C. § 5174 — Federal assistance to individuals and households

**(a) In general** (1) **Provision of assistance** — In accordance with this section, the President, in consultation with the Governor of a State, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who, as a direct result of a major disaster, have necessary expenses and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other means. (2) **Relationship to other assistance** — Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) solely on the basis that the individual or household has not applied for or received any loan or other financial assistance from the Small Business Administration or any other Federal agency. **(b) Housing assistance** (1) **Eligibility** — The President may provide financial or other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their predisaster primary residences or whose predisaster primary residences are rendered uninhabitable, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a major disaster. (2) **Determination of appropriate types of assistance** (A) *In general* — The President shall determine appropriate types of housing assistance to be provided under this section to individuals and households described in subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and such other factors as the President may consider appropriate. (B) *Multiple types of assistance* — One or more types of housi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5174

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

42 U.S.C. § 5160 — Recovery of assistance

**(a) Party liable** Any person who intentionally causes a condition for which Federal assistance is provided under this chapter or under any other Federal law as a result of a declaration of a major disaster or emergency under this chapter shall be liable to the United States for the reasonable costs incurred by the United States in responding to such disaster or emergency to the extent that such costs are attributable to the intentional act or omission of such person which caused such condition. Such action for reasonable costs shall be brought in an appropriate United States district court. **(b) Rendering of care** A person shall not be liable under this section for costs incurred by the United States as a result of actions taken or omitted by such person in the course of rendering care or assistance in response to a major disaster or emergency.

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

42 U.S.C. § 5160 — Recovery of assistance

Page 6381 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5161a of this section ‘‘construction materials’’ shall include building materials and materials re- quired for repairing housing, replacement hous- ing, public facilities repairs and replacement, and for normal farm and business operations. (Pub. L. 93–288, title III, § 315, formerly § 318, May 22, 1974, 88 Stat. 152; renumbered § 315, Pub. L. 100–707, title I, § 105(l), Nov. 23, 1988, 102 Stat. 4694.) Editorial Notes PRIOR PROVISIONS A prior section 315 of Pub. L. 93–288 was classified to section 5155 of this title prior to repeal by Pub. L. 100–707. § 5159. Protection of environment An action which is taken or assistance which is provided pursuant to section 5170a, 5170b, 5172, 5173, or 5192 of this title, including such assist- ance provided pursuant to the procedures pro- vided for in section 5189 of this title, which has the effect of restoring a facility substantially to its condition prior to the disaster or emergency, shall not be deemed a major Federal action sig- nificantly affecting the quality of the human en- vironment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]. Nothing in this section shall alter or affect the applicability of the Na- tional Environmental Policy Act of 1969 to other Federal actions taken under this chapter or under any other provisions of law. (Pub. L. 93–288, title III, § 316, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4694.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete cla

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5160

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

42 U.S.C. § 5174a — Flexibility

Page 6411 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174a 1 So in original. Probably should be a reference to section 317 of the Act. LOST WAGES ASSISTANCE RECOUPMENT FAIRNESS Pub. L. 116–260, div. N, title II, § 262, Dec. 27, 2020, 134 Stat. 1962, provided that: ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘covered assistance’ means assistance provided for supplemental lost wages payments under subsections (e)(2) and (f) of section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), as authorized under the emer- gency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of such Act (42 U.S.C. 5191(b)) and under any subsequent major dis- aster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency declara- tion; and ‘‘(2) the term ‘State’ has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). ‘‘(b) WAIVER AUTHORITY FOR STATE LIABILITY.—In the case of any individual who has received amounts of cov- ered assistance to which the individual is not entitled, the State shall require the individual to repay the amounts of such assistance to the State agency, except that the State agency may waive such repayment if the State agency determines that— ‘‘(1) the payment of such covered assistance was without fault on the part of the individual; and ‘‘(2) such repayment would be contrary to equity and good conscience. ‘‘(c) WAIVER AUTHORITY FOR FEDERAL LIABILITY.—Any waiver of debt issued by a State under subsection (b) shall also waive the debt owed to the United States. ‘‘(d) REPORTING.— ‘‘(1) STATE REPORTING.—If a State issues a waiver of debt under subsection (b),

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5174a

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