42 U.S.C. § 5155 — Duplication of benefits

Page 6379 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5155 toration of the property as a result of such damage, the transferor shall be required to reimburse the Federal Government in an amount equal to the amount of the Federal disaster relief as- sistance provided with respect to the property. (3) Property described For purposes of paragraph (1), a property is described in this paragraph if it is personal, commercial, or residential property for which Federal disaster relief assistance made avail- able in a flood disaster area has been provided, prior to the date on which the property is transferred, for repair, replacement, or res- toration of the property, if such assistance was conditioned upon obtaining flood insur- ance in accordance with applicable Federal law with respect to such property. (c) Omitted (d) ‘‘Flood disaster area’’ defined For purposes of this section, the term ‘‘flood disaster area’’ means an area with respect to which— (1) the Secretary of Agriculture finds, or has found, to have been substantially affected by a natural disaster in the United States pursuant to section 1961(a) of title 7; or (2) the President declares, or has declared, the existence of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), as a result of flood condi- tions existing in or affecting that area. (e) Effective date This section and the amendments made by this section shall apply to disasters declared after September 23, 1994. (Pub. L. 103–325, title V, § 582, Sept. 23, 1994, 108 Stat. 2286.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (d)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. The amendments made by this section, referred to in subsec. (e), means the amendments made by section 582(c) of Pub. L. 103–325, which amended section 4012a of this title. See Codification note below. CODIFICATION Section is comprised of section 582 of Pub. L. 103–325. Subsec. (c) of section 582 of Pub. L. 103–325 amended section 4012a of this title. Section was enacted as part of the National Flood In- surance Reform Act of 1994 and as part of the Riegle Community Development and Regulatory Improvement Act of 1994, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter. § 5155. Duplication of benefits (a) General prohibition The President, in consultation with the head of each Federal agency administering any pro- gram providing financial assistance to persons, business concerns, or other entities suffering losses as a result of a major disaster or emer- gency, shall assure that no such person, business concern, or other entity will receive such assist- ance with respect to any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source. (b) Special rules (1) Limitation This section shall not prohibit the provision of Federal assistance to a person who is or may be entitled to receive benefits for the same purposes from another source if such person has not received such other benefits by the time of application for Federal assistance and if such person agrees to repay all duplica- tive assistance to the agency providing the Federal assistance. (2) Procedures The President shall establish such proce- dures as the President considers necessary to ensure uniformity in preventing duplication of benefits. (3) Effect of partial benefits Receipt of partial benefits for a major dis- aster or emergency shall not preclude provi- sion of additional Federal assistance for any part of a loss or need for which benefits have not been provided. (c) Recovery of duplicative benefits A person receiving Federal assistance for a major disaster or emergency shall be liable to the United States to the extent that such assist- ance duplicates benefits available to the person for the same purpose from another source. The agency which provided the duplicative assist- ance shall collect such duplicative assistance from the recipient in accordance with chapter 37 of title 31, relating to debt collection, when the head of such agency considers it to be in the best interest of the Federal Government. (d) Assistance not income Federal major disaster and emergency assist- ance provided to individuals and families under this chapter, and comparable disaster assistance provided by States, local governments, and dis- aster assistance organizations, shall not be con- sidered as income or a resource when deter- mining eligibility for or benefit levels under fed- erally funded income assistance or resource- tested benefit programs. (Pub. L. 93–288, title III, § 312, as added Pub. L. 100–707, title I, § 105(i), Nov. 23, 1988, 102 Stat. 4693; amended Pub. L. 115–254, div. D, § 1210(a)(1), (4), Oct. 5, 2018, 132 Stat. 3442, 3443.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d), 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 sec- tion 5121 of this title and Tables. 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