42 U.S.C. § 5205a: Certain recoupment prohibited

Summary

The Agency must treat certain disaster aid as properly bought, given, and used. If money for that aid was paid and later taken back, the Agency must put the money back. That covered aid is help given to a local government under sections 5170b, 5172, or 5173 when the DHS inspector general finds after an audit that the Agency sent a Technical Assistance Contractor to review field work, give eligibility advice, and help daily decisions, the contractor gave wrong information, and the local government relied on that wrong information to decide some contracts were eligible, reasonable, and reimbursable. It is effective on October 5, 2018.

Title 42, §5205a

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

(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and utilized, and shall restore any funding of covered disaster assistance previously provided but subsequently withdrawn or deobligated.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 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)Effective date

This section shall be effective on October 5, 2018.

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.

§5205a Certain Recoupment Prohibited

Summary

Title 42, §5205a

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata