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42 U.S.C. § 5189f

Public assistance program alternative procedures

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

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42 U.S.C. § 5189f, Public assistance program alternative procedures, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/480284
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The President, acting through the Administrator of the Federal Emergency Management Agency, may approve projects under the alternative procedures adopted under this section for any major disaster or emergency declared on or after January 29, 2013. The Administrator may also apply the alternate procedures adopted under this section to a major disaster or emergency declared before enactment of this Act for which construction has not begun as of the date of enactment of this Act.11 See References in Text note below. The Administrator, in coordination with States, tribal and local governments, and owners or operators of private nonprofit facilities, may adopt alternative procedures to administer assistance provided under sections 5170b(a)(3)(A), 5172, 5173, and 5192(a)(5) of this title. The alternative procedures adopted under subsection (a) shall further the goals of— Participation in the alternative procedures adopted under this section shall be at the election of a State, tribal or local government, or owner or operator of a private nonprofit facility consistent with procedures determined by the Administrator. The President may not condition the provision of Federal assistance under this chapter on the election by a State, local, or Indian tribal government, or owner or operator of a private nonprofit facility to participate in the alternative procedures adopted under this section. The alternative procedures adopted under this section shall include the following: For repair, restoration, and replacement of damaged facilities under section 5172 of this title— providing an option for a State, tribal or local government, or owner or operator of a private nonprofit facility to elect to receive an in-lieu contribution, without reduction, on the basis of estimates of— if the actual costs of a project completed under the procedures are less than the estimated costs thereof, the Administrator may permit a grantee or subgrantee to use all or part of the excess funds for— For debris removal under sections 5170b(a)(3)(A), 5173, and 5192(a)(5) of this title— if the actual costs of projects under subparagraph (A) are less than the estimated costs of the project, the Administrator may permit a grantee or subgrantee to use all or part of the excess funds for— Until such time as the Administrator promulgates regulations to implement this section, the Administrator may— The guidelines for reimbursement for costs under subsection (e)(2)(D) shall ensure that no State or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). Not earlier than 3 years, and not later than 5 years, after January 29, 2013, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the alternative procedures for the repair, restoration, and replacement of damaged facilities under section 5172 of this title authorized under this section. The report shall contain an assessment of the effectiveness of the alternative procedures, including—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 93-288(S. 3062)1974-05-22
    Disaster Relief Act of 1974
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 113-2(H.R. 152)2013-01-29
    Making supplemental appropriations for the fiscal year ending September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, and for other purposes.
  • Amended byPub. L. 115-254(H.R. 302)2018-10-05
    FAA Reauthorization Act of 2018
    House: no recorded tallySenate: no recorded tally