42 U.S. Code § 5189 - Simplified procedure
(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,
(3) debris removed under section 5173 of this title,
is less than $35,000 (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 $35,000 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.
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
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
Source(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.)
A prior section 5189,Pub. L. 93–288, title IV, § 419,May 22, 1974, 88 Stat. 159, related to alternate contributions, prior to repeal by Pub. L. 100–707, § 106(k).
2013—Subsec. (a). Pub. L. 113–2, § 1107(3), which directed insertion of “or, if applicable, the amount established under subsection (b),” after “$35,000 amount” the second place appearing, was executed by making the insertion after “$35,000 amount” the only place that phrase appeared, to reflect the probable intent of Congress.
Pub. L. 113–2, § 1107(1), (2), designated existing provisions as subsec. (a), inserted heading, and inserted “(or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b))” after “less than $35,000” in concluding provisions.
Subsec. (b). Pub. L. 113–2, § 1107(4), added subsec. (b).
LII has no control over and does not endorse any external Internet site that contains links to or references LII.