42 U.S. Code § 5174 - Federal assistance to individuals and households
(a) In general
(1) Provision of assistance
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.
(2) Relationship to other assistance
Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) of this section 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.
(b) Housing assistance
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.
(2) Determination of appropriate types of assistance
(A) In general
The President shall determine appropriate types of housing assistance to be provided under this section to individuals and households described in subsection (a)(1) of this section based on considerations of cost effectiveness, convenience to the individuals and households, and such other factors as the President may consider appropriate.
(c) Types of housing assistance
(1) Temporary housing
(A) Financial assistance
(i) In general 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.
(B) Direct assistance
(i) In general 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).
(ii) Lease and repair of rental units for temporary housing
(I) In general The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may—
(aa) 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
(iii) Period of assistance 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.
(A) In general
The President may provide financial assistance for—
(i) 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
(A) In general
The President may provide financial assistance for the replacement of owner-occupied private residences damaged by a major disaster.
(4) Permanent housing construction
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—
(d) Terms and conditions relating to housing assistance
(A) In general
Any readily fabricated dwelling provided under this section shall, whenever practicable, be located on a site that—
(2) Disposal of units
(A) Sale to occupants
(i) In general 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.
(ii) Sale price A sale of a temporary housing unit under clause (i) shall be at a price that is fair and equitable.
(iii) Deposit of proceeds Notwithstanding any other provision of law, the proceeds of a sale under clause (i) shall be deposited in the appropriate Disaster Relief Fund account.
(iv) Hazard and flood insurance 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.
(B) Other methods of disposal
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—
(ii) 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—
(I) to comply with the nondiscrimination provisions of section 5151 of this title; and
(e) Financial assistance to address other needs
(1) 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 in the State who is adversely affected by a major disaster to meet disaster-related medical, dental, child care, and funeral expenses.
(2) Personal property, transportation, and other 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.
(f) State role
(1) Financial assistance to address other needs
(A) Grant to State
Subject to subsection (g) of this section, a Governor may request a grant from the President to provide financial assistance to individuals and households in the State under subsection (e) of this section.
(2) Access to records
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.
(g) Cost sharing
(1) Federal share
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.
(h) Maximum amount of assistance
(1) In general
No individual or household shall receive financial assistance greater than $25,000 under this section with respect to a single major disaster.
(i) Verification measures
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—
(1) 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;
(2) minimize the risk of making duplicative payments or payments for fraudulent claims under this section;
(3) 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;
(4) 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
Source(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.)
A prior section 5174,Pub. L. 93–288, title IV, § 404,May 22, 1974, 88 Stat. 154, related to temporary housing assistance, prior to repeal by Pub. L. 100–707, § 106(d).
A prior section 408 ofPub. L. 93–288was classified to section 5178 of this title and to a note set out under section 5178 of this title prior to repeal by Pub. L. 100–707.
2013—Subsec. (c)(1)(B)(ii) to (iv). Pub. 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). Pub. L. 113–2, § 1108(a), inserted “child care,” after “dental,” in heading and text.
2006—Subsec. (b)(1). Pub. 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). Pub. 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). Pub. L. 109–295, § 689d(2), inserted “security deposits,” after “hookups,”.
Subsec. (c)(2)(C). Pub. 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). Pub. 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). Pub. 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). Pub. L. 109–295, § 689(c)(2), added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsecs. (i), (j). Pub. L. 109–295, § 696(c), added subsec. (i) and redesignated former subsec. (i) as (j).
2000–Pub. L. 106–390amended 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.
Effective Date of 2000 Amendment