42 USC 5174 - Federal assistance to individuals and households

Editorial Notes

References in Text

This chapter, referred to in subsec. (f)(3)(I), was in the original “this Act”, meaning Puspan. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

The Disaster Recovery Reform Act of 2018, referred to in subsec. (f)(3)(J)(ii), is div. D of Puspan. L. 115–254, Oct. 5, 2018, 132 Stat. 3438. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 5121 of this title and Tables.

Prior Provisions

A prior section 5174, Puspan. L. 93–288, title IV, § 404, May 22, 1974, 88 Stat. 154, related to temporary housing assistance, prior to repeal by Puspan. L. 100–707, § 106(d).

A prior section 408 of Puspan. L. 93–288 was classified to section 5178 of this title and to a note set out under section 5178 of this title prior to repeal by Puspan. L. 100–707.

Amendments

2018—Subsec. (c)(1)(B)(ii)(I)(aa). Puspan. L. 115–254, § 1213(span), amended item (aa) generally. Prior to amendment, item (aa) read as follows: “enter into lease agreements with owners of multifamily rental property located in areas covered by a major disaster declaration to house individuals and households eligible for assistance under this section; and”.

Subsec. (c)(1)(B)(ii)(II). Puspan. L. 115–254, § 1213(a), amended subcl. (II) generally. Prior to amendment, subcl. (II) related to improvements or repairs.

Subsec. (f)(1). Puspan. L. 115–254, § 1211(a)(1)(A), substituted “State- or Indian tribal government-administered assistance and other needs assistance” for “Financial assistance to address other needs” in span.

Subsec. (f)(1)(A). Puspan. L. 115–254, § 1211(a)(1)(B), struck out “financial” before “assistance” and substituted “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)” for “subsection (e)”.

Subsec. (f)(1)(B). Puspan. L. 115–254, § 1211(a)(1)(C), struck out “financial” before “assistance” and substituted “subsections (c)(1)(B), (c)(4), and (e)” for “subsection (e)”.

Subsec. (f)(3). Puspan. L. 115–254, § 1211(a)(2), added par. (3).

Subsec. (h)(1). Puspan. L. 115–254, § 1212(1), inserted “, excluding financial assistance to rent alternate housing accommodations under subsection (c)(1)(A)(i) and financial assistance to address other needs under subsection (e)” after “disaster”.

Subsec. (h)(2), (3). Puspan. L. 115–254, § 1212(2)–(4), added par. (2), redesignated former par. (2) as (3), and, in par. (3), substituted “paragraphs (1) and (2)” for “paragraph (1)”.

Subsec. (h)(4). Puspan. L. 115–254, § 1212(5), added par. (4).

2013—Subsec. (c)(1)(B)(ii) to (iv). Puspan. L. 113–2, § 1103, added cl. (ii), redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively, and, in cl. (iv), substituted “clause (iii)” for “clause (ii)”.

Subsec. (e)(1). Puspan. L. 113–2, § 1108(a), inserted “child care,” after “dental,” in span and text.

2006—Subsec. (span)(1). Puspan. L. 109–295, § 689(c)(1), inserted “, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable,” after “uninhabitable”.

Subsec. (c)(1)(A)(i). Puspan. L. 109–295, § 689d(1), inserted at end “Such assistance may include the payment of the cost of utilities, excluding telephone service.”

Subsec. (c)(1)(A)(ii). Puspan. L. 109–295, § 689d(2), inserted “security deposits,” after “hookups,”.

Subsec. (c)(2)(C). Puspan. L. 109–295, § 686(1), struck out subpar. (C) which read as follows: “The amount of assistance provided to a household under this paragraph shall not exceed $5,000, as adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.”

Subsec. (c)(3)(B), (C). Puspan. L. 109–295, § 686(2), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “The amount of assistance provided to a household under this paragraph shall not exceed $10,000, as adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.”

Subsec. (c)(4). Puspan. L. 109–295, § 685, in introductory provisions, inserted “or semi-permanent” after “permanent” and struck out “remote” before “locations”.

Subsec. (d)(1)(A)(ii), (iii). Puspan. L. 109–295, § 689(c)(2), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsecs. (i), (j). Puspan. L. 109–295, § 696(c), added subsec. (i) and redesignated former subsec. (i) as (j).

2000–Puspan. L. 106–390 amended section catchline and text generally. Prior to amendment, text provided for temporary housing assistance through provision of temporary housing, temporary mortgage and rental payment assistance, expenditures to repair or restore owner-occupied private residential structures made uninhabitable by a major disaster which are capable of being restored quickly, and transfer of temporary housing to occupants or to States, local governments, and voluntary organizations, required notification to applicants for assistance, and set out location factors to be given consideration in the provision of assistance.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Puspan. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Puspan. L. 115–254, set out as a note under section 5121 of this title.

Effective Date of 2000 Amendment

Puspan. L. 106–390, title II, § 206(d), Oct. 30, 2000, 114 Stat. 1571, provided that: “The amendments made by this section [amending this section and section 5192 of this title and repealing section 5178 of this title] take effect 18 months after the date of the enactment of this Act [Oct. 30, 2000].”

Funeral Assistance

Puspan. L. 117–2, title IV, § 4006, Mar. 11, 2021, 135 Stat. 79, provided that:

“(a)In General.—For the emergency declaration issued by the President on March 13, 2020 [Proc. No. 9994, 50 U.S.C. 1621 note], pursuant to section 501(span) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(span)), and for any subsequent major disaster declaration that supersedes such emergency declaration, the President shall provide financial assistance to an individual or household to meet disaster-related funeral expenses under section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(e)(1)), for which the Federal cost share shall be 100 percent.

“(span)Use of Funds.—Funds appropriated under section 4005 [of Puspan. L. 117–2, 135 Stat. 79] may be used to carry out subsection (a) of this section.”

Lost Wages Assistance Recoupment Fairness

Puspan. L. 116–260, div. N, title II, § 262, Dec. 27, 2020, 134 Stat. 1962, provided that:

“(a)Definitions.—In this section—

“(1) the term ‘covered assistance’ means assistance provided for supplemental lost wages payments under subsections (e)(2) and (f) of section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), as authorized under the emergency declaration issued by the President on March 13, 2020, pursuant to section 501(span) of such Act (42 U.S.C. 5191(span)) and under any subsequent major disaster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency declaration; and

“(2) the term ‘State’ has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

“(span)Waiver Authority for State Liability.—In the case of any individual who has received amounts of covered assistance to which the individual is not entitled, the State shall require the individual to repay the amounts of such assistance to the State agency, except that the State agency may waive such repayment if the State agency determines that—

“(1) the payment of such covered assistance was without fault on the part of the individual; and

“(2) such repayment would be contrary to equity and good conscience.

“(c)Waiver Authority for Federal Liability.—Any waiver of debt issued by a State under subsection (span) shall also waive the debt owed to the United States.

“(d)Reporting.—

“(1)State reporting.—If a State issues a waiver of debt under subsection (span), the State shall report such waiver to the Administrator of the Federal Emergency Management Agency.

“(2)OIG reporting.—Not later than 6 months after the date of enactment of this Act [Dec. 27, 2020], the Inspector General of the Department of Homeland Security shall submit a report that assesses the efforts of the States to waive recoupment related to lost wages assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) to—

“(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, and the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate; and

“(B) the Committee on Transportation and Infrastructure, Committee on Ways and Means, and the Subcommittee on Homeland Security of the Committee on Appropriations of the House of Representatives.”

Reimbursement

Puspan. L. 115–254, div. D, § 1211(span), Oct. 5, 2018, 132 Stat. 3447, provided that: “The Federal Emergency Management Agency (FEMA) shall reimburse State and local units of government (for requests received within a period of 3 years after the declaration of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)) upon determination that a locally implemented housing solution, implemented by State or local units of government—

“(1) costs 50 percent of comparable FEMA solution or whatever the locally implemented solution costs, whichever is lower;

“(2) complies with local housing regulations and ordinances; and

“(3) the housing solution was implemented within 90 days of the disaster.”

[For definition of “State” as used in section 1211(span) of Puspan. L. 115–254, set out above, see section 1203 of Puspan. L. 115–254, set out as a note under section 5122 of this title.]