42 U.S.C. § 5205
Section 5205 · Disaster grant closeout procedures
Current version, with additions and removals from the October 30, 2000 version.
(1) In general
(1) In general
(2) Fraud exception
(2) Fraud exception
The limitation under paragraph (1) shall apply unless there is evidence of civil or criminal fraud.
The limitation under paragraph (1) shall apply unless there is evidence of civil or criminal fraud.
(1) In general
(1) In general
(2) Affirmative evidence
(2) Affirmative evidence
The presumption described in paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph.
The presumption described in paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph.
(3) Inability to produce documentation
(3) Inability to produce documentation
(4) Right of access
(4) Right of access
The period during which the Federal, State, or local government has the right to access source documentation shall not be limited to the required 3-year retention period referred to in paragraph (3), but shall last as long as the records are maintained.
The period during which the Federal, State, or local government has the right to access source documentation shall not be limited to the required 3-year retention period referred to in paragraph (3), but shall last as long as the records are maintained.
A State or local government shall not be liable for reimbursement or any other penalty for any payment made under this chapter if—
A State or local government shall not be liable for reimbursement or any other penalty for any payment made under this chapter if—
(1) the payment was authorized by an approved agreement specifying the costs;
(1) the payment was authorized by an approved agreement specifying the costs;
(2) the costs were reasonable; and
(2) the costs were reasonable; and
(3) the purpose of the grant was accomplished.
(3) the purpose of the grant was accomplished.
(1) Incentives
The Administrator of the Federal Emergency Management Agency may develop incentives and penalties that encourage State, local, or Indian tribal governments to close out expenditures and activities on a timely basis related to disaster or emergency assistance.
(2) Agency requirements
The Federal Emergency Management Agency shall, consistent with applicable regulations and required procedures, meet its responsibilities to improve closeout practices and reduce the time to close disaster program awards.