Title 42The Public Health and WelfareRelease 119-73

§5205a Certain recoupment prohibited

Title 42 › Chapter CHAPTER 68— - DISASTER RELIEF › Subchapter SUBCHAPTER V— - MISCELLANEOUS › § 5205a

Last updated Apr 6, 2026|Official source

Summary

The Agency must treat certain disaster aid as having been properly obtained and used, and it must put back any money that was taken away or canceled for that aid. "Covered disaster assistance" means aid given to a local government under sections 5170b, 5172, or 5173 when the DHS inspector general finds after an audit that a Technical Assistance Contractor was sent, gave wrong advice about eligibility, and the local government relied on that wrong advice to approve contracts. Effective October 5, 2018.

Full Legal Text

Title 42, §5205a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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and utilized, and shall restore any funding of covered disaster assistance previously provided but subsequently withdrawn or deobligated.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)In this section, the term “covered disaster assistance” means assistance—
(1)provided to a local government pursuant to section 5170b, 5172, or 5173 of this title; 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)This section shall be effective on October 5, 2018.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 5205a

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73