Page:United States Statutes at Large Volume 102 Part 5.djvu/689

 PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4695

"SEC. 317. RECOVERY OF ASSISTANCE.

42 USC 5160.

"(a) PARTY LIABLE.—Any person who intentionally causes a condition for which Federal assistance is provided under this Act or under any other Federal law as a result of a declaration of a major disaster or emergency under this Act shall be liable to the United States for the reasonable costs incurred by the United States in responding to such disaster or emergency to the extent that such costs are attributable to the intentional act or omission of such person which caused such condition. Such action for reasonable costs shall be brought in an appropriate United States district court. "(b) RENDERING OF CARE.—A person shall not be liable under this section for costs incurred by the United States as a result of actions taken or omitted by such person in the course of rendering care or assistance in response to a major disaster or emergency. "SEC. 318. AUDITS AND INVESTIGATIONS.

42 USC 5161.

"(a) IN GENERAL.—Subject to the provisions of chapter 75 of title President of U.S. 31, United States Code, relating to requirements for single audits, the President shall conduct audits and investigations as necessary to assure compliance with this Act, and in connection therewith may question such persons as may be necessary to carry out such audits and investigations. "(b) ACCESS TO RECORDS.—For purposes of audits and investigations under this section, the President and Comptroller General may inspect any books, documents, papers, and records of any person relating to any activity undertaken or funded under this Act. "(c) STATE AND LOCAL AUDITS.—The President may require audits

by State and local governments in connection with assistance under this Act when necessary to assure compliance with this Act or related regulations. "SEC. 319. ADVANCE OF NON-FEDERAL SHARE.

"(a) IN GENERAL.—The President may lend or advance to an eligible applicant or a State the portion of assistance for which the State is responsible under the cost-sharing provisions of this Act in any case in which— "(1) the State is unable to assume its financial responsibility under such cost-sharing provisions— "(A) with respect to concurrent, multiple major disasters in a jurisdiction, or "(B) after incurring extraordinary costs as a result of a particular disaster; and "(2) the damages caused by such disasters or disaster are so overwhelming and severe that it is not possible for the applicant or the State to assume immediately their financial responsibility under this Act. "(b) TERMS OF LOANS AND ADVANCES.—

"(1) IN GENERAL.—Any loan or advance under this section shall be repaid to the United States. "(2) INTEREST.—Loans and advances under this section shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period of the loan or advance.

42 USC 5162.

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