42 U.S.C. § 5205a — Certain recoupment prohibited
submitted 8 years ago by Pub. L. 115-254 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 162 words · no verdicts yet
This section addresses Certain recoupment prohibited. It sets out the rules, permissions, duties, definitions, and exceptions stated in the section.
(a) General rule Despite any other law, the Agency must deem any covered disaster assistance to have been properly procured, provided, and utilized, and must restore any funding of covered disaster assistance previously provided but subsequently withdrawn or deobligated.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* under section 5170b, 5172, or 5173 of this title; and (2) about 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 must be effective on October 5, 2018.
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and utilized, and shall restore any funding of covered disaster assistance previously provided but subsequently withdrawn or deobligated.
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.
This section shall be effective on October 5, 2018.
Source credit: (Pub. L. 115–254, div. D, § 1237, Oct. 5, 2018, 132 Stat. 3464.)
- 2018Enacted · Pub. L. 115-254 · 132 Stat. 3464
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-254 on 2018-10-05.
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