42 U.S.C. § 5174 — Federal assistance to individuals and households
submitted 38 years ago by Pub. L. 93-288 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,974 words · no verdicts yet
This section allows the President to provide money or, when needed, direct services to individuals and households that have serious disaster-related needs they cannot meet otherwise. It covers temporary and permanent housing, repairs, replacement, other needs, State administration, cost sharing, payment limits, verification, and eligibility rules.
(a) In general.
(1) The President, after consulting the State’s Governor, may provide money and, when necessary, direct services to people and households in the State* who have necessary expenses or serious needs as a direct result of a major disaster and cannot meet them through other means.
(2) A person or household cannot be denied assistance under paragraph (1) or subsection (c)(1), (3), or (4) only because the person or household has not applied for or received a Small Business Administration loan or other Federal financial help.
(b) Housing assistance*.
(1) Eligibility. The President may provide money or other help for disaster-related housing needs when a major disaster displaces people from their primary homes before the disaster, makes those homes unlivable, or, for people with disabilities, makes them inaccessible or unlivable.
(2) Choosing the kind of help.
(A) The President must choose suitable housing assistance based on cost effectiveness, convenience to the people and households, and other factors the President considers suitable.
(B) The President may make one or more kinds of housing help available, depending on whether each kind is suitable and available for the particular disaster.
(c) Types of housing assistance.
(1) Temporary housing.
(A) Financial assistance.
(i) The President may give money to rent another place to live, an existing rental unit, manufactured housing, a recreational vehicle, or another dwelling that can be quickly made. The money may include utility costs but not telephone service.
(ii) The amount is based on fair-market rent for the housing plus transportation, utility hookups, security deposits, and unit-installation costs that the President does not provide directly.
(B) Direct assistance.
(i) If housing resources are unavailable and a person or household therefore cannot use the rental assistance in subparagraph (A), the President may provide a temporary housing unit acquired by purchase or lease.
(ii) Lease and repair of rental units. If the President finds it cost-effective compared with other temporary housing, the President may lease multifamily rental property affected by a major disaster or located in a declared disaster area, to house eligible people and households, and may repair or improve it as needed to make safe and adequate temporary housing. The lease must deduct the value of those repairs or improvements from the lease’s value.
(iii) Period. The President may not provide direct temporary housing after 18 months from the disaster declaration, unless the President finds that an extension is in the public interest because of extraordinary circumstances.
(iv) Rent. After that 18-month period, the President may charge fair-market rent for each temporary unit.
(2) Repairs.
(A) The President may give money to repair owner*-occupied private homes, utilities, and residential infrastructure such as a private access route that a major disaster damaged, so they are safe and sanitary for living or use. The money may also cover eligible hazard-reduction measures that lower the chance of future damage.
(B) Except for insurance proceeds, a recipient does not have to show that the repair help cannot be met through other means.
(3) Replacement.
(A) The President may give money to replace an owner-occupied private home damaged by a major disaster.
(B) For this help, the President may not waive any Federal-law requirement to buy flood insurance as a condition of receiving Federal disaster assistance.
(4) Permanent housing construction. The President may provide money or direct help to build permanent or semipermanent housing in insular areas outside the continental United States and elsewhere when no alternative housing is available and the temporary housing in paragraph (1) is unavailable, infeasible, or not cost-effective.
(d) Housing terms.
(1) Sites.
(A) Whenever practical, a quickly made dwelling must be on a site with utilities, meeting physical-access requirements for people with disabilities, and provided by the State or local government*, the site owner, or the disaster-displaced occupant.
(B) The President may provide the site if the President finds that doing so is more economical or accessible.
(2) Disposal of units.
(A) Sale to occupants.
(i) A purchased temporary unit may be sold directly to its occupant if the occupant lacks permanent housing.
(ii) The price must be fair and equitable.
(iii) The sale proceeds must be deposited in the proper Disaster Relief Fund account.
(iv) The sale must require the buyer to obtain and keep hazard and flood insurance on the unit.
(v) The President may use the General Services Administration to make the sale.
(B) Other disposal. If not sold under subparagraph (A), a purchased temporary unit may be sold to anyone. It may instead be sold, transferred, donated, or otherwise made directly available to a State, another government entity, or a voluntary organization only to provide temporary housing to disaster victims in major disasters or emergencies. The recipient must agree to follow the nondiscrimination rules in section 5151 and to obtain and keep hazard and flood insurance on the unit.
(e) Other needs.
(1) After consulting the Governor, the President may help an individual or household adversely affected by a major disaster pay disaster-related medical, dental, child-care, and funeral expenses.
(2) After consulting the Governor of a State, the President may also help those people and households with personal property, transportation, and other necessary expenses or serious needs caused by the disaster.
(f) State role.
(1) State- or Tribal-administered help.
(A) Subject to subsection (g), a Governor may ask the President for a grant to provide help under subsection (c)(1)(B), (c)(4), or (e), if the President and the State or Indian tribal government* meet paragraph (3), as the Administrator* determines.
(B) A State receiving such a grant may spend no more than 5 percent on administration.
(2) Records. The President must ensure substantial and continuing involvement by the States where recipients live, including giving the States electronic records of recipients so they can provide additional State and local help.
(3) Requirements.
(A) Application. A State or Indian tribal government seeking to provide help under subsection (c)(1)(B), (c)(4), or (e) must apply to the President for a grant.
(B) Criteria. After consulting and coordinating with States and Tribes, the President must set approval criteria. At minimum, an applicant must submit the housing strategy in subparagraph (C); show it can manage the program; have a President-approved plan explaining how it will follow Federal laws and regulations and provide help; follow subsection (j) rules; and meet subsection (i), through the President or the President’s designee.
(C) Housing strategy.
(i) An applicant must have an approved housing strategy developed and submitted to the President.
(ii) The strategy must describe how the State will work with Federal partners, Tribal governments, local communities, nongovernmental organizations, and disaster survivors to meet shelter and housing needs. It must also establish an activation plan for a State Disaster Housing Task Force, as described in the National Disaster Housing Strategy, bringing together State, Tribal, local, Federal, nongovernmental, and private-sector expertise to evaluate housing needs, consider solutions, identify people with special needs, and recommend actions.
(D) Quality assurance. Before approving an application, the President or designee must establish adequate policies, procedures, and internal controls against waste, fraud, abuse, and poor program management. The President must monitor and perform quality-assurance work on the State or Tribal implementation. If administration is unsatisfactory, the President must withdraw approval.
(E) Audits. The Homeland Security Department’s Inspector General must arrange periodic audits of State and Tribal programs under this subsection.
(F) Applicable laws. All Federal laws governing FEMA’s management, administration, or contracting under this section also govern a non-Federal entity doing those things under this section.
(G) Effectiveness report. Within 18 months after October 5, 2018, the Inspector General must report to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Transportation and Infrastructure on the State or Tribal role. The report must assess whether that role sped general disaster recovery, whether the administering State or Tribe had capacity to do the work, and what changes are recommended if that role continues.
(H) Incentives report. Within 12 months after October 5, 2018, the FEMA Administrator must report to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Transportation and Infrastructure on possible incentives for eligible States and Tribes to participate. The Administrator must consult State, local, and Tribal entities and include their views, including possible changes to cost sharing and management costs.
(I) Prohibition. The President may not make Federal assistance under this chapter conditional on a State or Tribe asking for a grant under this section.
(J) Miscellaneous. The FEMA Administrator may skip notice-and-comment rulemaking for rules carrying out this section if necessary to implement it quickly, and may operate a pilot program until regulations are issued. Within two years after October 5, 2018, the Administrator must issue final regulations implementing this subsection as amended by the Disaster Recovery Reform Act of 2018. The waiver and pilot authority ends two years after that date or when the final regulations are issued, whichever comes first.
(g) Cost sharing.
(1) Except as paragraph (2) provides, the Federal Government pays 100 percent of costs eligible for assistance under this section.
(2) For subsection (e) help, the Federal Government pays 75 percent and the State pays the non-Federal share.
(h) Maximum help.
(1) For one major disaster, no individual or household may receive more than $25,000 under this section. This does not include money to rent alternate housing under subsection (c)(1)(A)(i) or money under subsection (e).
(2) The maximum subsection (e) help for one person or household and one disaster equals the amount in paragraph (1).
(3) The limits in paragraphs (1) and (2) must be adjusted each year for changes in the Department of Labor’s Consumer Price Index for All Urban Consumers.
(4) Accessibility expenses.
(A) The paragraph (1) maximum does not include costs to repair or replace damaged accessibility improvements under subsection (c)(2), (3), or (4) for people with disabilities.
(B) The paragraph (2) maximum does not include costs under subsection (e)(2) to repair or replace accessibility-related personal property for people with disabilities.
(i) Verification. The President must create a system, including an electronic database, that lets the President or designee verify recipients’ identities and addresses to provide reasonable assurance that payments are made only to an individual or household eligible for this assistance; reduce duplicate payments and fraudulent claims; recover duplicate payments or reduce later payments by the duplicate amount; instruct recipients how to use the assistance properly regardless of how it is distributed; and provide a quick, simple review and appeal process when an application is denied.
(j) Rules. The President must issue rules and regulations carrying out this section, including eligibility criteria, standards, and procedures.
In accordance with this section, the President, in consultation with the Governor of a State*, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who, as a direct result of a major disaster, have necessary expenses and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other means.
Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) solely on the basis that the individual or household has not applied for or received any loan or other financial assistance from the Small Business Administration or any other Federal agency.
The President may provide financial or other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their predisaster primary residences or whose predisaster primary residences are rendered uninhabitable, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a major disaster.
The President shall determine appropriate types of housing assistance to be provided under this section to individuals and households described in subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and such other factors as the President may consider appropriate.
One or more types of housing assistance may be made available under this section, based on the suitability and availability of the types of assistance, to meet the needs of individuals and households in the particular disaster situation.
The President may provide financial assistance to individuals or households to rent alternate housing accommodations, existing rental units, manufactured housing, recreational vehicles, or other readily fabricated dwellings. Such assistance may include the payment of the cost of utilities, excluding telephone service.
The amount of assistance under clause (i) shall be based on the fair market rent for the accommodation provided plus the cost of any transportation, utility hookups, security deposits, or unit installation not provided directly by the President.
The President may provide temporary housing units, acquired by purchase or lease, directly to individuals or households who, because of a lack of available housing resources, would be unable to make use of the assistance provided under subparagraph (A).
The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may—
enter into lease agreements with owners of multifamily rental property impacted by a major disaster or located in areas covered by a major disaster declaration to house individuals and households eligible for assistance under this section; and
make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.
Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs shall be deducted from the value of the lease agreement.
The President may not provide direct assistance under clause (i) with respect to a major disaster after the end of the 18-month period beginning on the date of the declaration of the major disaster by the President, except that the President may extend that period if the President determines that due to extraordinary circumstances an extension would be in the public interest.
After the end of the 18-month period referred to in clause (iii), the President may charge fair market rent for each temporary housing unit provided.
The President may provide financial assistance for—
the repair of owner*-occupied private residences, utilities, and residential infrastructure (such as a private access route) damaged by a major disaster to a safe and sanitary living or functioning condition; and
eligible hazard mitigation measures that reduce the likelihood of future damage to such residences, utilities, or infrastructure.
A recipient of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means, except insurance proceeds.
The President may provide financial assistance for the replacement of owner-occupied private residences damaged by a major disaster.
With respect to assistance provided under this paragraph, the President may not waive any provision of Federal law requiring the purchase of flood insurance as a condition of the receipt of Federal disaster assistance.
The President may provide financial assistance or direct assistance to individuals or households to construct permanent or semi-permanent housing in insular areas outside the continental United States and in other locations in cases in which—
no alternative housing resources are available; and
the types of temporary housing assistance described in paragraph (1) are unavailable, infeasible, or not cost-effective.
Any readily fabricated dwelling provided under this section shall, whenever practicable, be located on a site that—
is complete with utilities;
meets the physical accessibility requirements for individuals with disabilities; and
is provided by the State or local government*, by the owner of the site, or by the occupant who was displaced by the major disaster.
A readily fabricated dwelling may be located on a site provided by the President if the President determines that such a site would be more economical or accessible.
Notwithstanding any other provision of law, a temporary housing unit purchased under this section by the President for the purpose of housing disaster victims may be sold directly to the individual or household who is occupying the unit if the individual or household lacks permanent housing.
A sale of a temporary housing unit under clause (i) shall be at a price that is fair and equitable.
Notwithstanding any other provision of law, the proceeds of a sale under clause (i) shall be deposited in the appropriate Disaster Relief Fund account.
A sale of a temporary housing unit under clause (i) shall be made on the condition that the individual or household purchasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit.
The President may use the services of the General Services Administration to accomplish a sale under clause (i).
If not disposed of under subparagraph (A), a temporary housing unit purchased under this section by the President for the purpose of housing disaster victims—
may be sold to any person; or
may be sold, transferred, donated, or otherwise made available directly to a State or other governmental entity or to a voluntary organization for the sole purpose of providing temporary housing to disaster victims in major disasters and emergencies if, as a condition of the sale, transfer, or donation, the State, other governmental agency, or voluntary organization agrees—
to comply with the nondiscrimination provisions of section 5151 of this title; and
to obtain and maintain hazard and flood insurance on the housing unit.
The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or household in the State who is adversely affected by a major disaster to meet disaster-related medical, dental, child care, and funeral expenses.
The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or household described in paragraph (1) to address personal property, transportation, and other necessary expenses or serious needs resulting from the major disaster.
Subject to subsection (g), a Governor may request a grant from the President to provide assistance to individuals and households in the State under subsections (c)(1)(B), (c)(4), and (e) if the President and the State or Indian tribal government comply, as determined by the Administrator*, with paragraph (3).
A State that receives a grant under subparagraph (A) may expend not more than 5 percent of the amount of the grant for the administrative costs of providing assistance to individuals and households in the State under subsections (c)(1)(B), (c)(4), and (e).
In providing assistance to individuals and households under this section, the President shall provide for the substantial and ongoing involvement of the States in which the individuals and households are located, including by providing to the States access to the electronic records of individuals and households receiving assistance under this section in order for the States to make available any additional State and local assistance to the individuals and households.
A State or Indian tribal government desiring to provide assistance under subsection (c)(1)(B), (c)(4), or (e) shall submit to the President an application for a grant to provide financial assistance under the program.
The President, in consultation and coordination with State and Indian tribal governments, shall establish criteria for the approval of applications submitted under subparagraph (A). The criteria shall include, at a minimum—
a requirement that the State or Indian tribal government submit a housing strategy under subparagraph (C);
the demonstrated ability of the State or Indian tribal government to manage the program under this section;
there being in effect a plan approved by the President as to how the State or Indian tribal government will comply with applicable Federal laws and regulations and how the State or Indian tribal government will provide assistance under its plan;
a requirement that the State or Indian tribal government comply with rules and regulations established pursuant to subsection (j); and
a requirement that the President, or the designee of the President, comply with subsection (i).
A State or Indian tribal government submitting an application under this paragraph shall have an approved housing strategy, which shall be developed and submitted to the President for approval.
The housing strategy required under clause (i) shall—
outline the approach of the State in working with Federal partners, Indian tribal governments, local communities, nongovernmental organizations, and individual disaster survivors to meet disaster-related sheltering and housing needs; and
include the establishment of an activation plan for a State Disaster Housing Task Force, as outlined in the National Disaster Housing Strategy, to bring together State, tribal, local, Federal, nongovernmental, and private sector expertise to evaluate housing requirements, consider potential solutions, recognize special needs populations, and propose recommendations.
Before approving an application submitted under this section, the President, or the designee of the President, shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement for this program and for programs under subsections (c)(1)(B), (c)(4), and (e). The President shall monitor and conduct quality assurance activities on a State or Indian tribal government’s implementation of programs under subsections (c)(1)(B), (c)(4), and (e). If, after approving an application of a State or Indian tribal government submitted under this paragraph, the President determines that the State or Indian tribal government is not administering the program established by this section in a manner satisfactory to the President, the President shall withdraw the approval.
The Inspector General of the Department of Homeland Security shall provide for periodic audits of the programs administered by States and Indian tribal governments under this subsection.
All Federal laws applicable to the management, administration, or contracting of the programs by the Federal Emergency Management Agency under this section shall be applicable to the management, administration, or contracting by a non-Federal entity under this section.
Not later than 18 months after October 5, 2018, the Inspector General of the Department of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the State or Indian tribal government’s role to provide assistance under this section. The report shall contain an assessment of the effectiveness of the State or Indian tribal government’s role in providing assistance under this section, including—
whether the State or Indian tribal government’s role helped to improve the general speed of disaster recovery;
whether the State or Indian tribal government providing assistance under this section had the capacity to administer this section; and
recommendations for changes to improve the program if the State or Indian tribal government’s role to administer the programs should be continued.
Not later than 12 months after October 5, 2018, the Administrator of the Federal Emergency Management Agency shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on a potential incentive structure for awards made under this section to encourage participation by eligible States and Indian tribal governments. In developing this report, the Administrator of the Federal Emergency Management Agency shall consult with State, local, and Indian tribal entities to gain their input on any such incentive structure to encourage participation and shall include this information in the report. This report should address, among other options, potential adjustments to the cost-share requirement and management costs to State and Indian tribal governments.
The President may not condition the provision of Federal assistance under this chapter on a State or Indian tribal government requesting a grant under this section.
The Administrator of the Federal Emergency Management Agency may waive notice and comment rulemaking with respect to rules to carry out this section, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program until such regulations are promulgated.
Not later than 2 years after October 5, 2018, the Administrator of the Federal Emergency Management Agency shall issue final regulations to implement this subsection as amended by the Disaster Recovery Reform Act of 2018.
The authority under clause (i) and any pilot program implemented pursuant to such clause shall expire 2 years after October 5, 2018, or upon issuance of final regulations pursuant to clause (ii), whichever occurs sooner.
Except as provided in paragraph (2), the Federal share of the costs eligible to be paid using assistance provided under this section shall be 100 percent.
In the case of financial assistance provided under subsection (e)—
the Federal share shall be 75 percent; and
the non-Federal share shall be paid from funds made available by the State.
No individual or household shall receive financial assistance greater than $25,000 under this section with respect to a single major disaster, excluding financial assistance to rent alternate housing accommodations under subsection (c)(1)(A)(i) and financial assistance to address other needs under subsection (e).
The maximum financial assistance any individual or household may receive under subsection (e) shall be equivalent to the amount set forth in paragraph (1) with respect to a single major disaster.
The limit established under paragraphs (1) and (2) shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
The maximum amount of assistance established under paragraph (1) shall exclude expenses to repair or replace damaged accessibility-related improvements under paragraphs (2), (3), and (4) of subsection (c) for individuals with disabilities.
The maximum amount of assistance established under paragraph (2) shall exclude expenses to repair or replace accessibility-related personal property under subsection (e)(2) for individuals with disabilities.
In carrying out this section, the President shall develop a system, including an electronic database, that shall allow the President, or the designee of the President, to—
verify the identity and address of recipients of assistance under this section to provide reasonable assurance that payments are made only to an individual or household that is eligible for such assistance;
minimize the risk of making duplicative payments or payments for fraudulent claims under this section;
collect any duplicate payment on a claim under this section, or reduce the amount of subsequent payments to offset the amount of any such duplicate payment;
provide instructions to recipients of assistance under this section regarding the proper use of any such assistance, regardless of how such assistance is distributed; and
conduct an expedited and simplified review and appeal process for an individual or household whose application for assistance under this section is denied.
The President shall prescribe rules and regulations to carry out this section, including criteria, standards, and procedures for determining eligibility for assistance.
Source credit: (Pub. L. 93–288, title IV, § 408, as added Pub. L. 100–707, title I, § 106(d), Nov. 23, 1988, 102 Stat. 4702; amended Pub. L. 106–390, title II, § 206(a), Oct. 30, 2000, 114 Stat. 1566; Pub. L. 109–295, title VI, §§ 685, 686, 689(c), 689d, 696(c), Oct. 4, 2006, 120 Stat. 1447–1449, 1452, 1461; Pub. L. 113–2, div. B, §§ 1103, 1108(a), Jan. 29, 2013, 127 Stat. 42, 47; Pub. L. 115–254, div. D, §§ 1211(a), 1212, 1213(a), (b), Oct. 5, 2018, 132 Stat. 3445, 3448.)
- 1988Enacted · Pub. L. 93-288 · 102 Stat. 4702
- 2000Amended · Pub. L. 106-390 · 114 Stat. 1566
- 2006Amended · Pub. L. 109-295 · 120 Stat. 1447
- 2013Amended · Pub. L. 113-2 · 127 Stat. 42, 47
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3445, 3448
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-288 on 1988-11-23.
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