§ 5189. Simplified procedure

726 words·~3 min read·/usc/title-42/section-5189

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In general If the Federal estimate of the cost of—

(1)repairing, restoring, reconstructing, or replacing under section 5172 of this title any damaged or destroyed public facility or private nonprofit facility,

(2)emergency assistance under section 5170b or 5192 of this title, or

(3)debris removed under section 5173 of this title,

is less than $1,000,000 (or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b)), the President (on application of the State or local government or the owner or operator of the private nonprofit facility) may make the contribution to such State or local government or owner or operator under section 5170b, 5172, 5173, or 5192 of this title, as the case may be, on the basis of such Federal estimate. Such $1,000,000 amount or, if applicable, the amount established under subsection (b), shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.

(b)Threshold

(1)Report Not later than 1 year after January 29, 2013, the President, acting through the Administrator of the Federal Emergency Management Agency (in this section referred to as the “Administrator”), shall—

(A)complete an analysis to determine whether an increase in the threshold for eligibility under subsection

(a)is appropriate, which shall include consideration of cost-effectiveness, speed of recovery, capacity of grantees, past performance, and accountability measures; and

(B)submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis conducted under subparagraph (A).

(2)Amount After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—

(A)immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to chapter 5 of title 5; and

(B)adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.

(3)Review and report Not later than 3 years after the date on which the Administrator establishes a threshold under paragraph (2), and every 3 years thereafter, the President, acting through the Administrator, shall review the threshold for eligibility under this section and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding such review, including any recommendations developed pursuant to such review.

(Pub. L. 93–288, title IV, § 422, as added Pub. L. 100–707, title I, § 106(k), Nov. 23, 1988, 102 Stat. 4705; amended Pub. L. 113–2, div. B, § 1107, Jan. 29, 2013, 127 Stat. 46; Pub. L. 117–189, § 2(a), Oct. 10, 2022, 136 Stat. 2204.)

Connections78 cite this · traces to 4

Cited by 78 sections · top 47

U.S. Code

public-private-law

statutes-at-large

statute-compilations

bill

Traces to 4 documents

U.S. Code

public-private-law

8 references not yet in our index

Pub. L. 93–288, title IV, § 422
Pub. L. 100–707, title I, § 106(k)
102 Stat. 4705
127 Stat. 46
136 Stat. 2204
Pub. L. 93–288, title IV, § 419
88 Stat. 159
Pub. L. 100–707, § 106(k)

Citation graph

cites case law

§ 5189

Simplified procedure

Fed. Reg.×31

Bills×28

U.S.C.×7

Stat.×5

Stat. Comp.×4

Pub. L.×3

U.S.C.§ 5172

U.S.C.§ 5173

Pub. L.Public Law 113-2

Pub. L.Public Law 117-189

Pub. L.Pub. L. 93–288, title IV, § 422

Pub. L.Pub. L. 100–707, title I, § 106(k)

Stat.102 Stat. 4705

Stat.127 Stat. 46

Stat.136 Stat. 2204

Cites 12 · showing 9Cited by 78 across 6 sources