42 U.S.C. § 5160: Recovery of assistance

Summary

If someone intentionally causes a situation that leads to federal help after a major disaster or emergency declared under this chapter, that person must pay the United States back for the reasonable response costs that were caused by their intentional act or failure. The United States must bring that claim in a U.S. district court. Someone who is giving care or aid during the disaster response is not responsible for the United States’ costs that come from their actions or mistakes while providing that care.

Title 42, §5160

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

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), 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 317 of Pub. L. 93–288 was classified to section 5157 of this title prior to repeal by Pub. L. 100–707.

§5160 Recovery of Assistance