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42 U.S.C. § 5160 — Recovery of assistance
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_b4ae9a9fc62594a6196d1754
Source file: Laws/federal/codes/united-states-code/title-42/section-5160-recovery-of-assistance--68ae64822b.md
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Source location: Title 42, Chapter 68, § 5160; chapter-068-disaster-relief.md
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**(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
**(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) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5157
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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 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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