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42 U.S.C. § 5174a — Flexibility

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

42 U.S.C. § 5174a — Flexibility

Page 6411 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174a 1 So in original. Probably should be a reference to section 317 of the Act. LOST WAGES ASSISTANCE RECOUPMENT FAIRNESS Pub. L. 116–260, div. N, title II, § 262, Dec. 27, 2020, 134 Stat. 1962, provided that: ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘covered assistance’ means assistance provided for supplemental lost wages payments under subsections (e)(2) and (f) of section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), as authorized under the emer- gency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of such Act (42 U.S.C. 5191(b)) and under any subsequent major dis- aster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency declara- tion; and ‘‘(2) the term ‘State’ has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). ‘‘(b) WAIVER AUTHORITY FOR STATE LIABILITY.—In the case of any individual who has received amounts of cov- ered assistance to which the individual is not entitled, the State shall require the individual to repay the amounts of such assistance to the State agency, except that the State agency may waive such repayment if the State agency determines that— ‘‘(1) the payment of such covered assistance was without fault on the part of the individual; and ‘‘(2) such repayment would be contrary to equity and good conscience. ‘‘(c) WAIVER AUTHORITY FOR FEDERAL LIABILITY.—Any waiver of debt issued by a State under subsection (b) shall also waive the debt owed to the United States. ‘‘(d) REPORTING.— ‘‘(1) STATE REPORTING.—If a State issues a waiver of debt under subsection (b),

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Page 6411 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174a 1 So in original. Probably should be a reference to section 317 of the Act. LOST WAGES ASSISTANCE RECOUPMENT FAIRNESS Pub. L. 116–260, div. N, title II, § 262, Dec. 27, 2020, 134 Stat. 1962, provided that: ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘covered assistance’ means assistance provided for supplemental lost wages payments under subsections (e)(2) and (f) of section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), as authorized under the emer- gency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of such Act (42 U.S.C. 5191(b)) and under any subsequent major dis- aster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency declara- tion; and ‘‘(2) the term ‘State’ has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). ‘‘(b) WAIVER AUTHORITY FOR STATE LIABILITY.—In the case of any individual who has received amounts of cov- ered assistance to which the individual is not entitled, the State shall require the individual to repay the amounts of such assistance to the State agency, except that the State agency may waive such repayment if the State agency determines that— ‘‘(1) the payment of such covered assistance was without fault on the part of the individual; and ‘‘(2) such repayment would be contrary to equity and good conscience. ‘‘(c) WAIVER AUTHORITY FOR FEDERAL LIABILITY.—Any waiver of debt issued by a State under subsection (b) shall also waive the debt owed to the United States. ‘‘(d) REPORTING.— ‘‘(1) STATE REPORTING.—If a State issues a waiver of debt under subsection (b), the State shall report such waiver to the Administrator of the Federal Emer- gency Management Agency. ‘‘(2) OIG REPORTING.—Not later than 6 months after the date of enactment of this Act [Dec. 27, 2020], the Inspector General of the Department of Homeland Se- curity shall submit a report that assesses the efforts of the States to waive recoupment related to lost wages assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) to— ‘‘(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, and the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate; and ‘‘(B) the Committee on Transportation and Infra- structure, Committee on Ways and Means, and the Subcommittee on Homeland Security of the Com- mittee on Appropriations of the House of Rep- resentatives.’’ REIMBURSEMENT Pub. L. 115–254, div. D, § 1211(b), Oct. 5, 2018, 132 Stat. 3447, provided that: ‘‘The Federal Emergency Manage- ment Agency (FEMA) shall reimburse State and local units of government (for requests received within a pe- riod of 3 years after the declaration of a major disaster under section 401 of the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act (42 U.S.C. 5170)) upon determination that a locally implemented hous- ing solution, implemented by State or local units of government— ‘‘(1) costs 50 percent of comparable FEMA solution or whatever the locally implemented solution costs, whichever is lower; ‘‘(2) complies with local housing regulations and or- dinances; and ‘‘(3) the housing solution was implemented within 90 days of the disaster.’’ [For definition of ‘‘State’’ as used in section 1211(b) of Pub. L. 115–254, set out above, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of this title.] § 5174a. Flexibility (a) Waiver authority (1) Definition In this subsection, the term ‘‘covered assist- ance’’ means assistance provided— (A) under section 5174 of this title; and (B) in relation to a major disaster or emer- gency declared by the President under sec- tion 5170 or 5191, respectively, of this title on or after October 28, 2012. (2) Authority Notwithstanding section 3716(e) of title 31, the Administrator— (A) except as provided in subparagraph (B), shall— (i) waive a debt owed to the United States related to covered assistance pro- vided 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 pro- vided to an individual or household if such assistance is subject to a claim or legal ac- tion, including in accordance with section 1 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5160); and (B) may not waive a debt under subpara- graph (A) if the debt involves fraud, the presentation of a false claim, or misrepre- sentation by the debtor or any party having an interest in the claim. (3) Monitoring of covered assistance distrib- uted based on error (A) In general The Inspector General of the Department of Homeland Security shall monitor the dis- tribution of covered assistance to individ- uals and households to determine the per- centage of such assistance distributed based on an error. (B) Report on waiver authority based on ex- cessive error rate If the Inspector General of the Department of Homeland Security determines, with re- spect to any 12-month period, that the amount of covered assistance distributed based on an error by the Agency exceeds 4 percent of the total amount of covered as- sistance distributed— (i) the Inspector General shall notify the Administrator and publish the determina- tion in the Federal Register; and (ii) with respect to any major disaster or emergency declared by the President under section 5170 or section 5191, respec- tively, of this title after the date on which the determination is published under sub- paragraph (A), the Administrator shall re- port to the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Home- Page 6412 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174b land Security and Governmental Affairs of the Senate actions that the Administrator will take to reduce the error rate. (b) Recoupment of certain assistance prohibited (1) In general Notwithstanding section 3716(e) of title 31, and unless there is evidence of civil or crimi- nal fraud, the Agency may not take any action to recoup covered assistance from the recipi- ent of such assistance if the receipt of such as- sistance occurred on a date that is more than 3 years before the date on which the Agency first provides to the recipient written notifica- tion of an intent to recoup. (2) Covered assistance defined In this subsection, the term ‘‘covered assist- ance’’ means assistance provided— (A) under section 5174 of this title; and (B) in relation to a major disaster or emer- gency declared by the President under sec- tion 5170 or 5191 of this title, respectively, on or after January 1, 2012. (c) Statute of limitations (1) Omitted (2) Applicability (A) In general With respect to disaster or emergency as- sistance provided to a State or local govern- ment on or after January 1, 2004— (i) no administrative action may be taken to recover a payment of such assist- ance after October 5, 2018, if the action is prohibited under section 5205(a)(1) of this title, as amended by paragraph (1); and (ii) any administrative action to recover a payment of such assistance that is pend- ing on such date of enactment shall be ter- minated if the action is prohibited under section 5205(a)(1) of this title, as amended by paragraph (1). (B) Limitation This section, including the amendments made by this section, may not be construed to invalidate or otherwise affect any admin- istration action completed before October 5, 2018. (Pub. L. 115–254, div. D, § 1216, Oct. 5, 2018, 132 Stat. 3449; Pub. L. 117–263, div. E, title LVI, § 5602(a), Dec. 23, 2022, 136 Stat. 3404.) Editorial Notes CODIFICATION Section was enacted as part of the Disaster Recovery Reform Act of 2018 and as part of the FAA Reauthoriza- tion Act of 2018, and not as part of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act which comprises this chapter. Section is comprised of section 1216 of Pub. L. 115–254. Subsec. (c)(1) of section 1216 of Pub. L. 115–254 amended section 5205 of this title. AMENDMENTS 2022—Subsec. (a)(2)(A). Pub. L. 117–263, § 5602(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘(A) subject to subparagraph (B), may waive a debt owed to the United States related to covered assistance provided to an individual or household if— ‘‘(i) the covered assistance was distributed based on an error by the Agency; ‘‘(ii) there was no fault on behalf of the debtor; and ‘‘(iii) the collection of the debt would be against eq- uity and good conscience; and’’. Subsec. (a)(3)(B). Pub. L. 117–263, § 5602(a)(2)(A), sub- stituted ‘‘Report on’’ for ‘‘Removal of’’ in heading. Subsec. (a)(3)(B)(ii). Pub. L. 117–263, § 5602(a)(2)(B), substituted ‘‘the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Home- land Security and Governmental Affairs of the Senate actions that the Administrator will take to reduce the error rate’’ for ‘‘the authority of the Administrator to waive debt under paragraph (2) shall no longer be effec- tive’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Authorities provided under div. D of Pub. L. 115–254, which enacted this section, applicable to each major disaster and emergency declared by the President under Pub. L. 93–288 on or after Jan. 1, 2016, except as otherwise provided, see section 1202(b) of Pub. L. 115–254, set out in an Effective Date of 2018 Amendment note under section 5121 of this title. DEFINITIONS For definitions of terms used in this section, see sec- tion 1203 of Pub. L. 115–254, set out as a note under sec- tion 5122 of this title. § 5174b. Critical document fee waiver (1) In general Notwithstanding section 214 of title 22 or any other provision of law, the President, in con- sultation with the Governor of a State, may pro- vide a waiver under this subsection to an indi- vidual or household described in section 5174(e)(1) of this title for the following document replacement fees: (A) The passport application fee for individ- uals who lost their United States passport in a major disaster within the preceding three calendar years. (B) The file search fee for a United States passport. (C) The Application for Waiver of Passport and/or Visa form (Form I–193) fee. (D) The Permanent Resident Card replace- ment form (Form I–90) filing fee. (E) The Declaration of Intention form (Form N–300) filing fee. (F) The Naturalization/Citizenship Docu- ment replacement form (Form N–565) filing fee. (G) The Employment Authorization form (Form I–765) filing fee. (H) The biometric service fee. (2) Exemption from form requirement The authority of the President to waive fees under subparagraphs (C) through (H) of para- graph (1) applies regardless of whether the indi- vidual or household qualifies for a Form I–912 Request for Fee Waiver, or any successor there- to. (3) Exemption from assistance maximum The assistance limit in section 5174(h) of this title shall not apply to any fee waived under this subsection. (4) Report Not later than 365 days after October 5, 2018, the Administrator and the head of any other

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

42 U.S.C. § 5122 — Definitions

As used in this chapter— (1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (2) **Major disaster.—** — “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) “Governor” means the chief executive of any State. (6) **Indian tribal government.—** — The term “Indian tribal government” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C.

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

42 U.S.C. § 5122 — Definitions

Page 6357 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5122 2000, the President would submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including recommendations concerning State administration of parts of the pro- gram. STUDY REGARDING COST REDUCTION Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat. 1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119 Stat. 2649, provided that: ‘‘Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act [see Short Title of 2000 Amendment note above].’’ STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEMENT Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat. 1575, required the Director of the Federal Emergency Management Agency to conduct a study of participa- tion by Indian tribes in emergency management and submit a report no later than 1 year after Oct. 30, 2000. NATIONAL DROUGHT POLICY Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat. 1170, known as the ‘‘National Drought Policy Act of 1998’’, established the National Drought Policy Com- mission to study and submit a report on national drought policy and terminated the Commission 90 days after the submission of the report. RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELA- TIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat. 4710, provided that not later than 1 year after Nov. 23, 1988, the President was to recommend to the Congress proposals to improve the operational and fiscal

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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. § 5160 — Recovery of assistance

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

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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

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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,

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

42 U.S.C. § 5174 — Federal assistance to individuals and households

**(a) In general** (1) **Provision of assistance** — In accordance with this section, the President, in consultation with the Governor of a State, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who, as a direct result of a major disaster, have necessary expenses and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other means. (2) **Relationship to other assistance** — Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) solely on the basis that the individual or household has not applied for or received any loan or other financial assistance from the Small Business Administration or any other Federal agency. **(b) Housing assistance** (1) **Eligibility** — The President may provide financial or other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their predisaster primary residences or whose predisaster primary residences are rendered uninhabitable, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a major disaster. (2) **Determination of appropriate types of assistance** (A) *In general* — The President shall determine appropriate types of housing assistance to be provided under this section to individuals and households described in subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and such other factors as the President may consider appropriate. (B) *Multiple types of assistance* — One or more types of housi

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

42 U.S.C. § 5174 — Federal assistance to individuals and

Page 6405 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174 (2) Date of payment Not later than 60 days after the date of the estimate described in paragraph (1) and not later than 90 days after the date on which the State or local government or owner or oper- ator of a private nonprofit facility applies for assistance under this section, an initial pay- ment described in paragraph (1) shall be paid. (Pub. L. 93–288, title IV, § 407, formerly § 403, May 22, 1974, 88 Stat. 154; renumbered § 407 and amended Pub. L. 100–707, title I, § 106(c), Nov. 23, 1988, 102 Stat. 4701; Pub. L. 109–347, title VI, § 610, Oct. 13, 2006, 120 Stat. 1942.) Editorial Notes PRIOR PROVISIONS A prior section 407 of Pub. L. 93–288 was renumbered section 410 by Pub. L. 100–707 and is classified to section 5177 of this title. AMENDMENTS 2006—Subsec. (e). Pub. L. 109–347 added subsec. (e). 1988—Subsec. (a)(2). Pub. L. 100–707, § 106(c)(2), in- serted ‘‘or owner or operator of a private nonprofit fa- cility’’ after ‘‘local government’’. Subsecs. (c), (d). Pub. L. 100–707, § 106(c)(3), added sub- secs. (c) and (d). Statutory Notes and Related Subsidiaries DISASTER CONTRACT IMPROVEMENT Pub. L. 118–153, Dec. 17, 2024, 138 Stat. 1688, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Disaster Contract Im- provement Act’. ‘‘SEC. 2. OVERSIGHT ON DEBRIS REMOVAL. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. ‘‘(2) DEBRIS REMOVAL PROGRAM.—The term ‘debris removal program’ means the program established under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173). ‘‘(b) ADVISORY WORKING GROUP.— ‘‘(1) IN GENERAL.—The A

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

42 U.S.C. § 5174a — Flexibility

**(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

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.

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

42 U.S.C. § 5191 — Procedure for declaration

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5191

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 5191. This identifies an authority to review, not proof of applicability.