Title 42 — The Public Health and Welfare
Chapter 68 — Disaster Relief
§ 5205a. Certain recoupment prohibited
Statutory text
In general
Notwithstanding any other provision of law, the Agency shall deem any covered disaster assistance to have been properly procured, provided, and utilized, and shall restore any funding of covered disaster assistance previously provided but subsequently withdrawn or deobligated.
Covered disaster assistance defined
In this section, the term “covered disaster assistance” means assistance—
provided to a local government pursuant to section 5170b, 5172, or 5173 of this title; and
with respect to which the inspector general of the Department of Homeland Security has determined, after an audit, that—
the Agency deployed to the local government a Technical Assistance Contractor to review field operations, provide eligibility advice, and assist with day-to-day decisions;
the Technical Assistance Contractor provided inaccurate information to the local government; and
the local government relied on the inaccurate information to determine that relevant contracts were eligible, reasonable, and reimbursable.
Effective date
This section shall be effective on .
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Disaster Recovery Reform Act of 2018
Pub. L. 115–254 div. D § 1237 · 132 Stat. 3187
Enacted · 42 U.S.C. § 5205a
(Pub. L. 115–254, div. D, § 1237, Oct. 5, 2018, 132 Stat. 3464.)
Source evidence
Code source credit
(Pub. L. 115–254, div. D, § 1237, Oct. 5, 2018, 132 Stat. 3464.)Enacted provision · exact public law section
SEC. 1237. CERTAIN RECOUPMENT PROHIBITED. (a) In General.— Notwithstanding any other provision of law, the Agency shall deem any covered disaster assistance to have been properly procured, provided, and utilized, and shall restore any funding of covered disaster assistance previously provided but subsequently withdrawn or deobligated. (b) Covered Disaster Assistance Defined.— In this section, the term “covered disaster assistance” means assistance— (1) provided to a local government pursuant to section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, or 5173); and (2) with respect to which the inspector general of the Department of Homeland Security has determined, after an audit, that— (A) the Agency deployed to the local government a Technical Assistance Contractor to review field operations, provide eligibility advice, and assist with day-to-day decisions; (B) the Technical Assistance Contractor provided inaccurate information to the local government; and (C) the local government relied on the inaccurate information to determine that relevant contracts were eligible, reasonable, and reimbursable. (c) Effective Date.— This section shall be effective on the date of enactment of this Act.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was enacted as part of the Disaster Recovery Reform Act of 2018 and as part of the FAA Reauthorization Act of 2018, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions
For definition of “Agency” as used in this section, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of this title.