42 USC 5174 - Federal assistance to individuals and households

U.S Code last checked for updates: Apr 29, 2024

§ 5174.

Federal assistance to individuals and households

(a)

In general

(1)

Provision of assistance

(2)

Relationship to other assistance

(b)

Housing assistance

(1)

Eligibility

(2)

Determination of appropriate types of assistance

(A)

In general

(B)

Multiple types of assistance

(c)

Types of housing assistance

(1)

Temporary housing

(A)

Financial assistance

(i)

In general

(ii)

Amount

(B)

Direct assistance

(i)

In general

(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 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

(bb)

make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing.

(II)

Improvements or repairs

(iii)

Period of assistance

(iv)

Collection of rental charges

(2)

Repairs

(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

(ii)

eligible hazard mitigation measures that reduce the likelihood of future damage to such residences, utilities, or infrastructure.

(B)

Relationship to other assistance

(3)

Replacement

(A)

In general

(B)

Applicability of flood insurance requirement

(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—

(A)

no alternative housing resources are available; and

(B)

the types of temporary housing assistance described in paragraph (1) are unavailable, infeasible, or not cost-effective.

(d)

Terms and conditions relating to housing assistance

(1)

Sites

(A)

In general

Any readily fabricated dwelling provided under this section shall, whenever practicable, be located on a site that—

(i)

is complete with utilities;

(ii)

meets the physical accessibility requirements for individuals with disabilities; and

(iii)

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.

(B)

Sites provided by the President

(2)

Disposal of units

(A)

Sale to occupants

(i)

In general

(ii)

Sale price

(iii)

Deposit of proceeds

(iv)

Hazard and flood insurance

(v)

Use of GSA services

(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—

(i)

may be sold to any person; or

(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

(II)

to obtain and maintain hazard and flood insurance on the housing unit.

(e)

Financial assistance to address other needs

(1)

Medical, dental, child care, and funeral expenses

(2)

Personal property, transportation, and other expenses

(f)

State role

(1)

State- or Indian tribal government-administered assistance and other needs assistance

(A)

Grant to State

(B)

Administrative costs

(2)

Access to records

(3)

Requirements

(A)

Application

(B)

Criteria

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—

(i)

a requirement that the State or Indian tribal government submit a housing strategy under subparagraph (C);

(ii)

the demonstrated ability of the State or Indian tribal government to manage the program under this section;

(iii)

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;

(iv)

a requirement that the State or Indian tribal government comply with rules and regulations established pursuant to subsection (j); and

(v)

a requirement that the President, or the designee of the President, comply with subsection (i).

(C)

Requirement of housing strategy

(i)

In general

(ii)

Requirements

The housing strategy required under clause (i) shall—

(I)

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

(II)

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.

(D)

Quality assurance

(E)

Audits

(F)

Applicable laws

(G)

Report on effectiveness

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—

(i)

whether the State or Indian tribal government’s role helped to improve the general speed of disaster recovery;

(ii)

whether the State or Indian tribal government providing assistance under this section had the capacity to administer this section; and

(iii)

recommendations for changes to improve the program if the State or Indian tribal government’s role to administer the programs should be continued.

(H)

Report on incentives

(I)

Prohibition

(J)

Miscellaneous

(i)

Notice and comment

(ii)

Final rule

(iii)

Waiver and expiration

(g)

Cost sharing

(1)

Federal share

(2)

Financial assistance to address other needs

In the case of financial assistance provided under subsection (e)—

(A)

the Federal share shall be 75 percent; and

(B)

the non-Federal share shall be paid from funds made available by the State.

(h)

Maximum amount of assistance

(1)

In general

(2)

Other needs assistance

(3)

Adjustment of limit

(4)

Exclusion of necessary expenses for individuals with disabilities

(A)

In general

(B)

Other needs assistance

(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

(5)

conduct an expedited and simplified review and appeal process for an individual or household whose application for assistance under this section is denied.

(j)

Rules and regulations

(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.)

cite as: 42 USC 5174

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