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42 U.S.C. § 5156 — Standards and reviews

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

42 U.S.C. § 5156 — Standards and reviews

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Stable record: federal_law:legal_authorities:usc2024-3d07fa2650a90f135c3bfd47
Source file: Laws/federal/codes/united-states-code-2024/title-42/section-5156-standards-and-reviews--0b75bd1f7c.md
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Source location: USCODE-2024-title42-chap68-subchapIII-sec5156.pdf

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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 subsection [amending this section], including the amendment made by para- graph (1), shall not be construed to apply to section 406 or 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172, 5174).’’ § 5156. Standards and reviews The President shall establish comprehensive standards which shall be used to assess the effi- ciency and effectiveness of Federal major dis- aster and emergency assistance programs ad- ministered under this chapter. The President shall conduct annual reviews of the activities of Federal agencies and State and local govern- ments in major disaster and emergency pre- paredness and in providing major disaster and emergency assistance in order to assure max- imum coordination and effectiveness of such programs and consistency in policies for reim- bursement of States under this chapter. (Pub. L. 93–288, title III, § 313, as added Pub. L. 100–707, title I, § 105(j), Nov. 23, 1988, 102 Stat. 4694.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. PRIOR PROVISIONS A prior section 5156, Pub. L. 93–288, title III, § 316, May 22, 1974, 88 Stat. 152, related to reviews and reports by President, prior to repeal by Pub. L. 100–707, § 105(j). A prior section 313 of Pub. L. 93–288 was classified to section 5153 of this title prior to repeal by Pub. L. 100–707. § 5157. Penalties (a) Misuse of funds Any person who knowingly misapplies the pro- ceeds 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 vio- lated 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 ap- propriate. Such action may be brought in an ap- propriate 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 func- tions under this chapter that may warrant con- sideration 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. (Pub. L. 93–288, title III, § 314, as added Pub. L. 100–707, title I, § 105(k), Nov. 23, 1988, 102 Stat. 4694.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. PRIOR PROVISIONS A prior section 5157, Pub. L. 93–288, title III, § 317, May 22, 1974, 88 Stat. 152, related to criminal and civil pen- alties, prior to repeal by Pub. L. 100–707, § 105(k). A prior section 314 of Pub. L. 93–288 was classified to section 5154 of this title prior to repeal by Pub. L. 100–707. § 5158. Availability of materials The President is authorized, at the request of the Governor of an affected State, to provide for a survey of construction materials needed in the area affected by a major disaster on an emer- gency basis for housing repairs, replacement housing, public facilities repairs and replace- ment, farming operations, and business enter- prises and to take appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the alloca- tion of such materials for a period of not more than one hundred and eighty days after such major disaster. Any allocation program shall be implemented by the President to the extent pos- sible, by working with and through those com- panies which traditionally supply construction materials in the affected area. For the purposes

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

42 U.S.C. § 5156 — Standards and reviews

The President shall establish comprehensive standards which shall be used to assess the efficiency and effectiveness of Federal major disaster and emergency assistance programs administered under this chapter. The President shall conduct annual reviews of the activities of Federal agencies and State and local governments in major disaster and emergency preparedness and in providing major disaster and emergency assistance in order to assure maximum coordination and effectiveness of such programs and consistency in policies for reimbursement of States under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5156

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

42 U.S.C. § 5170 — Procedure for declaration

**(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

42 U.S.C. § 5170 — Procedure for declaration

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

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. § 5172 — Repair, restoration, and replacement of

Page 6398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5171 tion 404 pursuant to this subsection, no further Federal funding shall be provided for construction of such project.’’ GUIDANCE ON HAZARD MITIGATION ASSISTANCE Pub. L. 115–254, div. D, § 1231, Oct. 5, 2018, 132 Stat. 3459, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Emergency Management Agen- cy] shall issue guidance regarding the acquisition of property for open space as a mitigation measure under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) that in- cludes— ‘‘(1) a process by which the State hazard mitigation officer appointed for such an acquisition shall, not later than 60 days after the applicant for assistance enters into an agreement with the Administrator re- garding the acquisition, provide written notification to each affected unit of local government for such ac- quisition that includes— ‘‘(A) the location of the acquisition; ‘‘(B) the State-local assistance agreement for the hazard mitigation grant program; ‘‘(C) a description of the acquisition; and ‘‘(D) a copy of the deed restriction; and ‘‘(2) recommendations for entering into and imple- menting a memorandum of understanding between units of local government and covered entities that includes provisions to allow an affected unit of local government notified under paragraph (1) to— ‘‘(A) use and maintain the open space created by such a project, consistent with section 404 [42 U.S.C. 5170c] (including related regulations, standards, and guidance) and consistent with all adjoining prop- erty, subject to the notification of the adjoining property, so long as the cost of

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5172

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5172. This identifies an authority to review, not proof of applicability.