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18 U.S.C. § 1040 — Fraud in connection with major disaster or emergency benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever, in a circumstance described in subsection (b) of this section, knowingly—
(1) falsifies, conceals, or covers up by any trick, scheme, or device any material fact; or
(2) makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or representation,
in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5170](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim)) or an emergency declaration under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5191&num=0&edition=prelim)), or in connection with any procurement of property or services related to any emergency or major disaster declaration as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, shall be fined under this title, imprisoned not more than 30 years, or both.
**(b)** A circumstance described in this subsection is any instance where—
(1) the authorization, transportation, transmission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce;
(2) the benefit is transported in the mail at any point in the authorization, transportation, transmission, transfer, disbursement, or payment of that benefit; or
(3) the benefit is a record, vo
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Source location: Title 18, Chapter 47, § 1040; chapter-047-fraud-and-false-statements.md
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**(a)** Whoever, in a circumstance described in subsection (b) of this section, knowingly—
(1) falsifies, conceals, or covers up by any trick, scheme, or device any material fact; or
(2) makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or representation,
in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5170](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim)) or an emergency declaration under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5191&num=0&edition=prelim)), or in connection with any procurement of property or services related to any emergency or major disaster declaration as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, shall be fined under this title, imprisoned not more than 30 years, or both.
**(b)** A circumstance described in this subsection is any instance where—
(1) the authorization, transportation, transmission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce;
(2) the benefit is transported in the mail at any point in the authorization, transportation, transmission, transfer, disbursement, or payment of that benefit; or
(3) the benefit is a record, voucher, payment, money, or thing of value of the United States, or of any department or agency thereof.
**(c)** In this section, the term “benefit” means any record, voucher, payment, money or thing of value, good, service, right, or privilege provided by the United States, a State or local government, or other entity.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Request and declaration** All requests for a declaration by the President that an emergency exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As a part of such request, and as a prerequisite to emergency assistance under this chapter, the Governor shall take appropriate action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based upon such Governor’s request, the President may declare that an emergency exists.
**(b) Certain emergencies involving Federal primary responsibility** The President may exercise any authority vested in him by [section 5192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5192&num=0&edition=prelim) or [section 5193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5193&num=0&edition=prelim) with respect to an emergency when he determines that an emergency exists for which the primary responsibility for response rests with the United States because the emergency involves a subject area for which, under the Constitution or laws of the United States, the United States exercises exclusive or preeminent responsibility and authority. In determining whether or not such an emergency exists, the President shall consult the Governor of any affected State, if practicable. The President’s determina
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.
**(b) Indian tribal government requests**
(1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).
(2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98–596, § 8, 98 Stat. 3138, classified offenses as a felony, misdemeanor, or petty offense.
#### Effective Date of Repeal
Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under [section 3551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3551&num=0&edition=prelim).
#### Short Title of 2026 Amendment
Pub. L. 119–73, § 1, Jan. 23, 2026, 139 Stat. 2003, provided that: “This Act [enacting sections 28 and 3771A of this title, amending [section 7102 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim), Foreign Relations and Intercourse, and enacting provisions set out as notes under [section 28 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section28&num=0&edition=prelim) and [section 10110 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10110&num=0&edition=prelim), Crime Control and Law Enforcement] may be cited as the ‘Trafficking Survivors Relief Act’.”
#### Short Title of 2024 Amendment
Pub. L. 118–78, § 1, July 30, 2024, 138 Stat. 1512, provided that: “This Act [enacting [section 1352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1352&num=0&edition=prelim) and amending [section 201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim)] may be cited as the ‘Foreign Extortion Prevention Technical Corrections Act’.”
Pub. L. 118–77, § 1, July
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Federal law — U.S. Code and appendices · legal_authorities
Page 331
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1040
(C) is contained in any bill, itemization, or
account statement provided to a customer
by or on behalf of a covered entity solely by
virtue of the relationship between that cov-
ered entity and the customer.
(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’—
(A) has the same meaning given the term
‘‘telecommunications carrier’’ in section 3 of
the Communications Act of 1934 (47 U.S.C.
153); and
(B) includes any provider of IP-enabled
voice service.
(3) CUSTOMER.—The term ‘‘customer’’ means,
with respect to a covered entity, any indi-
vidual, partnership, association, joint stock
company, trust, or corporation, or authorized
representative of such customer, to whom the
covered entity provides a product or service.
(4) IP-ENABLED
VOICE
SERVICE.—The term
‘‘IP-enabled voice service’’ means the provi-
sion of real-time voice communications of-
fered to the public, or such class of users as to
be effectively available to the public, trans-
mitted through customer premises equipment
using TCP/IP protocol, or a successor protocol,
(whether part of a bundle of services or sepa-
rately) with interconnection capability such
that the service can originate traffic to, or
terminate traffic from, the public switched
telephone network, or a successor network.
(Added Pub. L. 109–476, § 3(a), Jan. 12, 2007, 120
Stat. 3569.)
Editorial Notes
REFERENCES IN TEXT
Section 222(d) of the Communications Act of 1934, re-
ferred to in subsecs. (b)(2) and (c)(2), is classified to sec-
tion 222(d) of Title 47, Telecommunications.
Statutory Notes and Related Subsidiaries
FINDINGS
Pub. L. 109–476, § 2, Jan. 12, 2007, 120 Stat. 3568, pro-
vided that: ‘‘Congress finds that—
‘‘(1) telephone records can be of great use to crim
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1040
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Federal law — U.S. Code and appendices · legal_authorities
Page 6389
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5170
(2) Acquisition and maintenance of equip-
ment, including interoperable communica-
tions and personal protective equipment.
(3) Medical monitoring required for re-
sponder safety and health in anticipation of
and following a major disaster, emergency, or
other hazard, as determined by the Adminis-
trator.
(m) Response cooperative agreements
The Administrator shall enter into a response
cooperative agreement with each sponsoring
agency, as appropriate, under which the Admin-
istrator agrees to reimburse the sponsoring
agency for costs incurred by the sponsoring
agency in responding to a major disaster or
emergency.
(n) Obligations
The Administrator may incur all necessary
obligations consistent with this section in order
to ensure the effectiveness of the System.
(o) Equipment maintenance and replacement
Not later than 180 days after December 16,
2016, the Administrator shall submit to the ap-
propriate congressional committees (as defined
in section 101 of title 6) a report on the develop-
ment of a plan, including implementation steps
and timeframes, to finance, maintain, and re-
place System equipment.
(p) Federal employees
Nothing in this section shall be construed to
mean that a task force may not include Federal
employees. In the case of a Federal employee de-
tailed to a task force, the sponsoring agency
shall enter into an agreement with the relevant
employing Federal agency.
(Pub. L. 93–288, title III, § 327, as added Pub. L.
114–326, § 2(a), Dec. 16, 2016, 130 Stat. 1968; amend-
ed Pub. L. 116–48, § 1, Aug. 22, 2019, 133 Stat. 1071.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (f)(3), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5170
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Federal law — U.S. Code and appendices · legal_authorities
Page 6426
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5191
(C) The total amount of contracts awarded
with no competitive bidding.
(D) The damage category codes, if applica-
ble, for contracts awarded without competi-
tive bidding.
(e) Collection of public assistance recipient and
subrecipient contracts
(1) In general
Not later than 180 days after October 5, 2018,
the Administrator of the Federal Emergency
Management Agency shall initiate and main-
tain an effort to collect and store information,
prior to the project closeout phase on any con-
tract entered into by a public assistance re-
cipient or subrecipient that through the base
award, available options, or any subsequent
modifications has an estimated value of more
than $1,000,000 and is funded through section
5165b, 5170b, 5170c, 5172, 5173, 5189f, or 5192 of
this title, including—
(A) the disaster number, project worksheet
number, and the category of work associated
with each contract;
(B) the name of each party;
(C) the date the contract was awarded;
(D) the amount of the contract;
(E) the scope of the contract;
(F) the period of performance for the con-
tract; and
(G) whether the contract was awarded
through a competitive bidding process.
(2) Availability of information collected
The Administrator of the Federal Emer-
gency Management Agency shall make the in-
formation collected and stored under para-
graph (1) available to the Inspector General of
the Department of Homeland Security, the
Government Accountability Office, and appro-
priate committees of Congress, upon request.
(3) Report
Not later than 365 days after October 5, 2018,
the Administrator of the Federal Emergency
Management Agency shall submit a report to
the Committee on Homeland Security and
Governmental Affairs of
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5191
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5191. This identifies an authority to review, not proof of applicability.