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42 U.S.C. § 5157 — Penalties

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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Source location: Title 42, Chapter 68, § 5157; chapter-068-disaster-relief.md

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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. § 5154 — Insurance

**(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)

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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. § 5157 — Penalties

Page 6380 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5156 PRIOR PROVISIONS A prior section 5155, Pub. L. 93–288, title III, § 315, May 22, 1974, 88 Stat. 152, consisted of similar provisions, prior to repeal by Pub. L. 100–707, § 105(i). A prior section 312 of Pub. L. 93–288 was renumbered section 309 by Pub. L. 100–707 and is classified to section 5152 of this title. AMENDMENTS 2018—Subsec. (b)(4). Pub. L. 115–254, § 1210(a)(4), struck out par. (4) which provided for a presidential waiver of the general prohibition in subsec. (a). Pub. L. 115–254, § 1210(a)(1), added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the Presi- dent on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see sec- tion 1202 of Pub. L. 115–254, set out as a note under sec- tion 5121 of this title. Pub. L. 115–254, div. D, § 1210(a)(3), Oct. 5, 2018, 132 Stat. 3443, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply to any major disaster or emergency declared by the Presi- dent under section 401 or 501, respectively, of the Rob- ert T. Stafford Disaster Relief and Emergency Assist- ance Act (42 U.S.C. 5170, 5191) between January 1, 2016, and December 31, 2021.’’ Pub. L. 115–254, div. D, § 1210(a)(4), Oct. 5, 2018, 132 Stat. 3443, provided that the amendment made by sec- tion 1210(a)(4) is effective on the date that is 5 years after Oct. 5, 2018. LIMITATION Pub. L. 115–254, div. D, § 1210(a)(2), Oct. 5, 2018, 132 Stat. 3443, provided that: ‘‘This subsect

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