Page:United States Statutes at Large Volume 102 Part 5.djvu/688

 102 STAT. 4694

PUBLIC LAW 100-707—NOV. 23, 1988

(j) REVIEWS AND REPORTS.—Title III is further amended by striking out section 316 and inserting in lieu thereof the following new section: President of U.S. 42 USC 5156.

42 USC 5157.

"SEC. 313. STANDARDS AND REVIEWS.

"The President shall establish comprehensive standards which shall be used to assess the efficiency and effectiveness of Federal major disaster and emergency assistance programs administered under this Act. The President shall conduct annual reviews of the activities of Federal agencies and State and local governments in major disaster and emergency preparedness and in providing major disaster and emergency assistance in order to assure maximum coordination and effectiveness of such programs and consistency in policies for reimbursement of States under this Act.". (k) PENALTIES.—Title III is further amended by striking out section 317 and inserting in lieu thereof the following new section: "SEC. 314. PENALTIES.

"(a) MISUSE OF FUNDS.—Any person who knowingly misapplies the proceeds of a loan or other cash benefit obtained under this Act shall be fined an amount equal to one and one-half times the misapplied amount of the proceeds or cash benefit. "(b) CIVIL ENFORCEMENT.—Whenever it appears that any person has violated or is about to violate any provision of this Act, including any civil penalty imposed under this Act, the Attorney General may bring a civil action for such relief as may be appropriate. Such action may be brought in an appropriate United States district court. "(c) REFERRAL TO ATTORNEY GENERAL.—The President shall exPresident of U.S. peditiously refer to the Attorney General for appropriate action any evidence developed in the performance of functions under this Act that may warrant consideration for criminal prosecution. "(d) CIVIL PENALTY.—Any individual who knowingly violates any

42 USC 5158.

order or regulation issued under this Act shall be subject to a civil penalty of not more than $5,000 for each violation.". (1) REDESIGNATION OF SECTION 318.—Section 318, and any reference thereto, is redesignated as section 315. (m) PROTECTION OF ENVIRONMENT; RECOVERY OF ASSISTANCE; AUDITS AND INVESTIGATIONS.— (1) ADDITIONS TO TITLE HI.—Title III is further amended by

adding at the end thereof the following new sections: 42 USC 5159.

"SEC. 316. PROTECTION OF ENVIRONMENT.

"An action which is taken or assistance which is provided pursuant to section 402, 403, 406, 407, or 502, including such assistance provided pursuant to the procedures provided for in section 422, which has the effect of restoring a facility substantially to its condition prior to the disaster or emergency, shall not be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852). Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of 1969 to other Federal actions taken under this Act or under any other provisions of law.

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