42 U.S.C. § 5154a — Prohibited flood disaster assistance

Page 6378 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5154 present section but with references to different acts and provisions, prior to repeal by Pub. L. 100–707, § 105(g). A prior section 310 of Pub. L. 93–288 was renumbered section 307 by Pub. L. 100–707 and was classified to sec- tion 5150 of this title, prior to repeal by Pub. L. 109–295. § 5154. Insurance (a) Applicants for replacement of damaged facili- ties (1) Compliance with certain regulations An applicant for assistance under section 5172 of this title (relating to repair, restora- tion, and replacement of damaged facilities), section 5189 of this title (relating to simplified procedure) or section 3149(c)(2) of this title shall comply with regulations prescribed by the President to assure that, with respect to any property to be replaced, restored, re- paired, or constructed with such assistance, such types and extent of insurance will be ob- tained and maintained as may be reasonably available, adequate, and necessary, to protect against future loss to such property. (2) Determination In making a determination with respect to availability, adequacy, and necessity under paragraph (1), the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appro- priate State insurance commissioner respon- sible for regulation of such insurance. (b) Maintenance of insurance No applicant for assistance under section 5172 of this title (relating to repair, restoration, and replacement of damaged facilities), section 5189 of this title (relating to simplified procedure), or section 3149(c)(2) of this title may receive such assistance for any property or part thereof for which the applicant has previously received as- sistance under this chapter unless all insurance required pursuant to this section has been ob- tained and maintained with respect to such property. The requirements of this subsection may not be waived under section 5141 of this title. (c) State acting as self-insurer A State may elect to act as a self-insurer with respect to any or all of the facilities owned by the State. Such an election, if declared in writ- ing at the time of acceptance of assistance under section 5172 or 5189 of this title or section 3149(c)(2) of this title or subsequently and ac- companied by a plan for self-insurance which is satisfactory to the President, shall be deemed compliance with subsection (a). No such self-in- surer may receive assistance under section 5172 or 5189 of this title for any property or part thereof for which it has previously received as- sistance under this chapter, to the extent that insurance for such property or part thereof would have been reasonably available. (Pub. L. 93–288, title III, § 311, as added Pub. L. 100–707, title I, § 105(h), Nov. 23, 1988, 102 Stat. 4692; amended Pub. L. 103–325, title V, § 521, Sept. 23, 1994, 108 Stat. 2257; Pub. L. 106–390, title II, § 201, Oct. 30, 2000, 114 Stat. 1559.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning Pub. 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 sec- tion 5121 of this title and Tables. PRIOR PROVISIONS A prior section 5154, Pub. L. 93–288, title III, § 314, May 22, 1974, 88 Stat. 151, consisted of similar provisions, prior to repeal by Pub. L. 100–707, § 105(h). A prior section 311 of Pub. L. 93–288 was renumbered section 308 by Pub. L. 100–707 and is classified to section 5151 of this title. AMENDMENTS 2000—Subsecs. (a)(1), (b), (c). Pub. L. 106–390 sub- stituted ‘‘section 3149(c)(2) of this title’’ for ‘‘section 3233 of this title’’. 1994—Subsec. (b). Pub. L. 103–325 inserted at end ‘‘The requirements of this subsection may not be waived under section 5141 of this title.’’ § 5154a. Prohibited flood disaster assistance (a) General prohibition Notwithstanding any other provision of law, no Federal disaster relief assistance made avail- able in a flood disaster area may be used to make a payment (including any loan assistance payment) to a person for repair, replacement, or restoration for damage to any personal, residen- tial, or commercial property if that person at any time has received flood disaster assistance that was conditional on the person first having obtained flood insurance under applicable Fed- eral law and subsequently having failed to ob- tain and maintain flood insurance as required under applicable Federal law on such property. (b) Transfer of property (1) Duty to notify In the event of the transfer of any property described in paragraph (3), the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writ- ing of the requirements to— (A) obtain flood insurance in accordance with applicable Federal law with respect to such property, if the property is not so in- sured as of the date on which the property is transferred; and (B) maintain flood insurance in accordance with applicable Federal law with respect to such property. Such written notification shall be contained in documents evidencing the transfer of own- ership of the property. (2) Failure to notify If a transferor described in paragraph (1) fails to make a notification in accordance with such paragraph and, subsequent to the transfer of the property— (A) the transferee fails to obtain or main- tain flood insurance in accordance with ap- plicable Federal law with respect to the property, (B) the property is damaged by a flood dis- aster, and (C) Federal disaster relief assistance is provided for the repair, replacement, or res- Page 6379 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5155 toration of the property as a result of such damage, the transferor shall be required to reimburse the Federal Government in an amount equal to the amount of the Federal disaster relief as- sistance provided with respect to the property. (3) Property described For purposes of paragraph (1), a property is described in this paragraph if it is personal, commercial, or residential property for which Federal disaster relief assistance made avail- able in a flood disaster area has been provided, prior to the date on which the property is transferred, for repair, replacement, or res- toration of the property, if such assistance was conditioned upon obtaining flood insur- ance in accordance with applicable Federal law with respect to such property. (c) Omitted (d) ‘‘Flood disaster area’’ defined For purposes of this section, the term ‘‘flood disaster area’’ means an area with respect to which— (1) the Secretary of Agriculture finds, or has found, to have been substantially affected by a natural disaster in the United States pursuant to section 1961(a) of title 7; or (2) the President declares, or has declared, the existence of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), as a result of flood condi- tions existing in or affecting that area. (e) Effective date This section and the amendments made by this section shall apply to disasters declared after September 23, 1994. (Pub. L. 103–325, title V, § 582, Sept. 23, 1994, 108 Stat. 2286.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (d)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. The amendments made by this section, referred to in subsec. (e), means the amendments made by section 582(c) of Pub. L. 103–325, which amended section 4012a of this title. See Codification note below. CODIFICATION Section is comprised of section 582 of Pub. L. 103–325. Subsec. (c) of section 582 of Pub. L. 103–325 amended section 4012a of this title. Section was enacted as part of the National Flood In- surance Reform Act of 1994 and as part of the Riegle Community Development and Regulatory Improvement Act of 1994, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter. § 5155. Duplication of benefits (a) General prohibition The President, in consultation with the head of each Federal agency administering any pro- gram providing financial assistance to persons, business concerns, or other entities suffering losses as a result of a major disaster or emer- gency, shall assure that no such person, business concern, or other entity will receive such assist- ance with respect to any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source. (b) Special rules (1) Limitation This section shall not prohibit the provision of Federal assistance to a person who is or may be entitled to receive benefits for the same purposes from another source if such person has not received such other benefits by the time of application for Federal assistance and if such person agrees to repay all duplica- tive assistance to the agency providing the Federal assistance. (2) Procedures The President shall establish such proce- dures as the President considers necessary to ensure uniformity in preventing duplication of benefits. (3) Effect of partial benefits Receipt of partial benefits for a major dis- aster or emergency shall not preclude provi- sion of additional Federal assistance for any part of a loss or need for which benefits have not been provided. (c) Recovery of duplicative benefits A person receiving Federal assistance for a major disaster or emergency shall be liable to the United States to the extent that such assist- ance duplicates benefits available to the person for the same purpose from another source. The agency which provided the duplicative assist- ance shall collect such duplicative assistance from the recipient in accordance with chapter 37 of title 31, relating to debt collection, when the head of such agency considers it to be in the best interest of the Federal Government. (d) Assistance not income Federal major disaster and emergency assist- ance provided to individuals and families under this chapter, and comparable disaster assistance provided by States, local governments, and dis- aster assistance organizations, shall not be con- sidered as income or a resource when deter- mining eligibility for or benefit levels under fed- erally funded income assistance or resource- tested benefit programs. (Pub. L. 93–288, title III, § 312, as added Pub. L. 100–707, title I, § 105(i), Nov. 23, 1988, 102 Stat. 4693; amended Pub. L. 115–254, div. D, § 1210(a)(1), (4), Oct. 5, 2018, 132 Stat. 3442, 3443.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’, meaning Pub. 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 sec- tion 5121 of this title and Tables.