42 U.S.C. § 5174 — Federal assistance to individuals and

Page 6405 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174 (2) Date of payment Not later than 60 days after the date of the estimate described in paragraph (1) and not later than 90 days after the date on which the State or local government or owner or oper- ator of a private nonprofit facility applies for assistance under this section, an initial pay- ment described in paragraph (1) shall be paid. (Pub. L. 93–288, title IV, § 407, formerly § 403, May 22, 1974, 88 Stat. 154; renumbered § 407 and amended Pub. L. 100–707, title I, § 106(c), Nov. 23, 1988, 102 Stat. 4701; Pub. L. 109–347, title VI, § 610, Oct. 13, 2006, 120 Stat. 1942.) Editorial Notes PRIOR PROVISIONS A prior section 407 of Pub. L. 93–288 was renumbered section 410 by Pub. L. 100–707 and is classified to section 5177 of this title. AMENDMENTS 2006—Subsec. (e). Pub. L. 109–347 added subsec. (e). 1988—Subsec. (a)(2). Pub. L. 100–707, § 106(c)(2), in- serted ‘‘or owner or operator of a private nonprofit fa- cility’’ after ‘‘local government’’. Subsecs. (c), (d). Pub. L. 100–707, § 106(c)(3), added sub- secs. (c) and (d). Statutory Notes and Related Subsidiaries DISASTER CONTRACT IMPROVEMENT Pub. L. 118–153, Dec. 17, 2024, 138 Stat. 1688, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Disaster Contract Im- provement Act’. ‘‘SEC. 2. OVERSIGHT ON DEBRIS REMOVAL. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. ‘‘(2) DEBRIS REMOVAL PROGRAM.—The term ‘debris removal program’ means the program established under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173). ‘‘(b) ADVISORY WORKING GROUP.— ‘‘(1) IN GENERAL.—The Administrator shall establish an advisory working group to encourage and foster collaborative efforts among individuals and entities engaged in disaster recovery relating to debris re- moval. ‘‘(2) MEMBERSHIP.—The advisory working group es- tablished under paragraph (1) shall be comprised of— ‘‘(A) representatives from the Federal Emergency Management Agency; ‘‘(B) representatives from the Army Corps of En- gineers; ‘‘(C) representatives from the Natural Resources Conservation Service of the Department of Agri- culture; ‘‘(D) representatives of States, Tribal govern- ments, and units of local government; and ‘‘(E) subject matter experts in debris removal, in- cluding not less than 1 representative from the de- bris services contractor industry. ‘‘(c) GUIDANCE.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2024], the Adminis- trator, in consultation with the advisory working group established under subsection (b)(1), shall— ‘‘(1) determine whether guidance and procedures in effect as of the date of enactment of this Act with re- spect to the oversight and cost of debris removal con- tracts entered into under the debris removal program are sufficient; and ‘‘(2) if the Administrator, in consultation with the advisory working group established under subsection (b)(1), determines that the guidance and procedures described in paragraph (1) are insufficient, develop and implement additional such guidance and proce- dures, including— ‘‘(A) a requirement that each State, Tribal gov- ernment, and unit of local government receiving a grant under the debris removal program take the primary role in the oversight function of debris re- moval; ‘‘(B) guidance for State, Tribal, and local debris monitors relating to debris removal operations, de- bris operations oversight, and contractor oversight, including contractor monitoring; ‘‘(C) guidance for streamlining the reimburse- ment of debris costs overall, including debris man- agement planning and support for resilience in de- bris removal operations; ‘‘(D) checklists, job aids, eligibility requirements, contract requirements, debris management plan- ning guidance, sample bids, and other items, as de- termined necessary by the Administrator, for State and local debris monitors; ‘‘(E) a list of the specific debris removal moni- toring responsibilities expected to be completed by a State that receives a grant under the debris re- moval program; ‘‘(F) a list of the specific debris removal moni- toring responsibilities expected to be completed by recipients of a grant under the debris removal pro- gram; and ‘‘(G) guidance for State and Tribal governments and units of local government to reduce duplication and inefficiency in debris removal contracting across the Federal Government, State and Tribal governments, and units of local government. ‘‘(d) TRAINING.—The Administrator shall conduct out- reach to States, Tribal governments, and units of local government with respect to any guidance or support materials developed under this section. ‘‘(e) GAO STUDY.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2024], the Comptroller General of the United States shall conduct a study that— ‘‘(1) studies the use and adoption rate of advance contracts for debris removal by selected States, Trib- al governments, and units of local government; ‘‘(2) identifies the benefits and challenges of ad- vance contracts for debris removal; ‘‘(3) with respect to the reporting and information sharing processes, as of the date of enactment of this Act, for advance contracts for debris removal be- tween States and units of local government and Fed- eral partners— ‘‘(A) assesses those processes; and ‘‘(B) makes any necessary recommendations for those processes; ‘‘(4) studies— ‘‘(A) the process for setting Federal reimburse- ment rates for the debris removal program; ‘‘(B) the use of penalties, as of the date of enact- ment of this Act, for violations of law and regula- tions relating to debris removal; and ‘‘(C) fraud, waste, and abuse relating to the debris removal program, including case studies; and ‘‘(5) makes any necessary recommendations for im- provements to oversight and fraud prevention across the debris removal program.’’ § 5174. Federal assistance to individuals and households (a) In general (1) Provision of assistance In accordance with this section, the Presi- dent, in consultation with the Governor of a State, may provide financial assistance, and, if necessary, direct services, to individuals and Page 6406 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174 households in the State who, as a direct result of a major disaster, have necessary expenses and serious needs in cases in which the indi- viduals and households are unable to meet such expenses or needs through other means. (2) Relationship to other assistance Under paragraph (1), an individual or house- hold shall not be denied assistance under para- graph (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. (b) Housing assistance (1) Eligibility The President may provide financial or other assistance under this section to individ- uals 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 un- inhabitable, as a result of damage caused by a major disaster. (2) Determination of appropriate types of as- sistance (A) In general The President shall determine appropriate types of housing assistance to be provided under this section to individuals and house- holds described in subsection (a)(1) based on considerations of cost effectiveness, conven- ience to the individuals and households, and such other factors as the President may con- sider appropriate. (B) Multiple types of assistance 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. (c) Types of housing assistance (1) Temporary housing (A) Financial assistance (i) In general The President may provide financial as- sistance to individuals or households to rent alternate housing accommodations, existing rental units, manufactured hous- ing, recreational vehicles, or other readily fabricated dwellings. Such assistance may include the payment of the cost of utili- ties, excluding telephone service. (ii) Amount 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 hook- ups, security deposits, or unit installation not provided directly by the President. (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 subpara- graph (A). (ii) Lease and repair of rental units for temporary housing (I) In general The President, to the extent the Presi- dent determines it would be a cost-effec- tive alternative to other temporary housing options, may— (aa) enter into lease agreements with owners of multifamily rental property impacted by a major disaster or lo- cated in areas covered by a major dis- aster declaration to house individuals and households eligible for assistance under this section; and (bb) make repairs or improvements to properties under such lease agree- ments, to the extent necessary to serve as safe and adequate temporary hous- ing. (II) Improvements or repairs Under the terms of any lease agree- ment for property entered into under this subsection, the value of the im- provements or repairs shall be deducted from the value of the lease agreement. (iii) Period of assistance The President may not provide direct as- sistance 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 deter- mines that due to extraordinary cir- cumstances an extension would be in the public interest. (iv) Collection of rental charges After the end of the 18-month period re- ferred to in clause (iii), the President may charge fair market rent for each tem- porary housing unit provided. (2) Repairs (A) In general The President may provide financial as- sistance for— (i) the repair of owner-occupied private residences, utilities, and residential infra- structure (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 dam- age to such residences, utilities, or infra- structure. (B) Relationship to other assistance 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. Page 6407 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174 (3) Replacement (A) In general The President may provide financial as- sistance for the replacement of owner-occu- pied private residences damaged by a major disaster. (B) Applicability of flood insurance require- ment 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. (4) Permanent housing construction The President may provide financial assist- ance 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 lo- cations in cases in which— (A) no alternative housing resources are available; and (B) the types of temporary housing assist- ance described in paragraph (1) are unavail- able, infeasible, or not cost-effective. (d) Terms and conditions relating to housing as- sistance (1) Sites (A) In general Any readily fabricated dwelling provided under this section shall, whenever prac- ticable, be located on a site that— (i) is complete with utilities; (ii) meets the physical accessibility re- quirements for individuals with disabil- ities; 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 A readily fabricated dwelling may be lo- cated on a site provided by the President if the President determines that such a site would be more economical or accessible. (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 house- hold who is occupying the unit if the indi- vidual or household lacks permanent hous- ing. (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 Dis- aster 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 pur- chasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit. (v) Use of GSA services The President may use the services of the General Services Administration to ac- complish a sale under clause (i). (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 pur- pose 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 gov- ernmental agency, or voluntary organiza- tion agrees— (I) to comply with the nondiscrimina- tion 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 ex- penses The President, in consultation with the Gov- ernor of a State, may provide financial assist- ance under this section to an individual or household in the State who is adversely af- fected by a major disaster to meet disaster-re- lated medical, dental, child care, and funeral expenses. (2) Personal property, transportation, and other expenses The President, in consultation with the Gov- ernor of a State, may provide financial assist- ance under this section to an individual or household described in paragraph (1) to ad- dress personal property, transportation, and other necessary expenses or serious needs re- sulting from the major disaster. (f) State role (1) State- or Indian tribal government-adminis- tered assistance and other needs assistance (A) Grant to State Subject to subsection (g), a Governor may request a grant from the President to pro- vide assistance to individuals and house- holds in the State under subsections (c)(1)(B), (c)(4), and (e) if the President and the State or Indian tribal government com- ply, as determined by the Administrator, with paragraph (3). (B) Administrative costs A State that receives a grant under sub- paragraph (A) may expend not more than 5 Page 6408 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174 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). (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 indi- viduals and households are located, including by providing to the States access to the elec- tronic records of individuals and households receiving assistance under this section in order for the States to make available any ad- ditional State and local assistance to the indi- viduals and households. (3) Requirements (A) Application A State or Indian tribal government desir- ing to provide assistance under subsection (c)(1)(B), (c)(4), or (e) shall submit to the President an application for a grant to pro- vide financial assistance under the program. (B) Criteria The President, in consultation and coordi- nation with State and Indian tribal govern- ments, shall establish criteria for the ap- proval of applications submitted under sub- paragraph (A). The criteria shall include, at a minimum— (i) a requirement that the State or In- dian 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 In- dian tribal government will comply with applicable Federal laws and regulations and how the State or Indian tribal govern- ment will provide assistance under its plan; (iv) a requirement that the State or In- dian 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 A State or Indian tribal government sub- mitting an application under this para- graph shall have an approved housing strategy, which shall be developed and submitted to the President for approval. (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 in- dividual disaster survivors to meet dis- aster-related sheltering and housing needs; and (II) include the establishment of an ac- tivation plan for a State Disaster Hous- ing Task Force, as outlined in the Na- tional Disaster Housing Strategy, to bring together State, tribal, local, Fed- eral, nongovernmental, and private sec- tor expertise to evaluate housing re- quirements, consider potential solutions, recognize special needs populations, and propose recommendations. (D) Quality assurance Before approving an application submitted under this section, the President, or the des- ignee of the President, shall institute ade- quate policies, procedures, and internal con- trols to prevent waste, fraud, abuse, and pro- gram 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 imple- mentation of programs under subsections (c)(1)(B), (c)(4), and (e). If, after approving an application of a State or Indian tribal gov- ernment submitted under this paragraph, the President determines that the State or Indian tribal government is not admin- istering the program established by this sec- tion in a manner satisfactory to the Presi- dent, the President shall withdraw the ap- proval. (E) Audits The Inspector General of the Department of Homeland Security shall provide for peri- odic audits of the programs administered by States and Indian tribal governments under this subsection. (F) Applicable laws All Federal laws applicable to the manage- ment, administration, or contracting of the programs by the Federal Emergency Man- agement Agency under this section shall be applicable to the management, administra- tion, or contracting by a non-Federal entity under this section. (G) Report on effectiveness Not later than 18 months after October 5, 2018, the Inspector General of the Depart- ment of Homeland Security shall submit a report to the Committee on Homeland Secu- rity and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representa- tives on the State or Indian tribal govern- ment’s role to provide assistance under this section. The report shall contain an assess- ment of the effectiveness of the State or In- dian 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 admin- ister this section; and (iii) recommendations for changes to im- prove the program if the State or Indian Page 6409 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174 tribal government’s role to administer the programs should be continued. (H) Report on incentives Not later than 12 months after October 5, 2018, the Administrator of the Federal Emer- gency Management Agency shall submit a report to the Committee on Homeland Secu- rity and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representa- tives on a potential incentive structure for awards made under this section to encourage participation by eligible States and Indian tribal governments. In developing this re- port, the Administrator of the Federal Emergency Management Agency shall con- sult with State, local, and Indian tribal enti- ties to gain their input on any such incen- tive structure to encourage participation and shall include this information in the re- port. This report should address, among other options, potential adjustments to the cost-share requirement and management costs to State and Indian tribal govern- ments. (I) Prohibition The President may not condition the pro- vision of Federal assistance under this chap- ter on a State or Indian tribal government requesting a grant under this section. (J) Miscellaneous (i) Notice and comment The Administrator of the Federal Emer- gency Management Agency may waive no- tice and comment rulemaking with respect to rules to carry out this section, if the Administrator determines doing so is nec- essary to expeditiously implement this section, and may carry out this section as a pilot program until such regulations are promulgated. (ii) Final rule 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 Re- covery Reform Act of 2018. (iii) Waiver and expiration The authority under clause (i) and any pilot program implemented pursuant to such clause shall expire 2 years after Octo- ber 5, 2018, or upon issuance of final regula- tions pursuant to clause (ii), whichever oc- curs sooner. (g) Cost sharing (1) Federal share Except as provided in paragraph (2), the Fed- eral share of the costs eligible to be paid using assistance provided under this section shall be 100 percent. (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 No individual or household shall receive fi- nancial assistance greater than $25,000 under this section with respect to a single major dis- aster, excluding financial assistance to rent alternate housing accommodations under sub- section (c)(1)(A)(i) and financial assistance to address other needs under subsection (e). (2) Other needs assistance The maximum financial assistance any indi- vidual or household may receive under sub- section (e) shall be equivalent to the amount set forth in paragraph (1) with respect to a sin- gle major disaster. (3) Adjustment of limit 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 Depart- ment of Labor. (4) Exclusion of necessary expenses for individ- uals with disabilities (A) In general The maximum amount of assistance estab- lished under paragraph (1) shall exclude ex- penses to repair or replace damaged accessi- bility-related improvements under para- graphs (2), (3), and (4) of subsection (c) for in- dividuals with disabilities. (B) Other needs assistance The maximum amount of assistance estab- lished under paragraph (2) shall exclude ex- penses to repair or replace accessibility-re- lated personal property under subsection (e)(2) for individuals with disabilities. (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 recipi- ents of assistance under this section to provide reasonable assurance that payments are made only to an individual or household that is eli- gible 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 as- sistance under this section regarding the prop- er use of any such assistance, regardless of how such assistance is distributed; and (5) conduct an expedited and simplified re- view and appeal process for an individual or household whose application for assistance under this section is denied. (j) Rules and regulations The President shall prescribe rules and regula- tions to carry out this section, including cri- Page 6410 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174 teria, standards, and procedures for determining eligibility for assistance. (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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f)(3)(I), 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. The Disaster Recovery Reform Act of 2018, referred to in subsec. (f)(3)(J)(ii), is div. D of Pub. 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, Pub. L. 93–288, title IV, § 404, May 22, 1974, 88 Stat. 154, related to temporary housing as- sistance, prior to repeal by Pub. L. 100–707, § 106(d). A prior section 408 of Pub. L. 93–288 was classified to section 5178 of this title and to a note set out under sec- tion 5178 of this title prior to repeal by Pub. L. 100–707. AMENDMENTS 2018—Subsec. (c)(1)(B)(ii)(I)(aa). Pub. L. 115–254, § 1213(b), amended item (aa) generally. Prior to amend- ment, item (aa) read as follows: ‘‘enter into lease agree- ments with owners of multifamily rental property lo- cated in areas covered by a major disaster declaration to house individuals and households eligible for assist- ance under this section; and’’. Subsec. (c)(1)(B)(ii)(II). Pub. L. 115–254, § 1213(a), amended subcl. (II) generally. Prior to amendment, subcl. (II) related to improvements or repairs. Subsec. (f)(1). Pub. L. 115–254, § 1211(a)(1)(A), sub- stituted ‘‘State- or Indian tribal government-adminis- tered assistance and other needs assistance’’ for ‘‘Fi- nancial assistance to address other needs’’ in heading. Subsec. (f)(1)(A). Pub. 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). Pub. 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). Pub. L. 115–254, § 1211(a)(2), added par. (3). Subsec. (h)(1). Pub. 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). Pub. 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). Pub. L. 115–254, § 1212(5), added par. (4). 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), in- serted ‘‘, or with respect to individuals with disabil- ities, 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 as- sistance 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), redesig- nated 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 ‘‘per- manent’’ 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. 106–390 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 un- inhabitable by a major disaster which are capable of being restored quickly, and transfer of temporary hous- ing to occupants or to States, local governments, and voluntary organizations, required notification to appli- cants 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 Pub. L. 115–254 applicable to each major disaster and emergency declared by the Presi- dent on or after Aug. 1, 2017, and authorities provided under div. D of Pub. 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 sec- tion 1202 of Pub. L. 115–254, set out as a note under sec- tion 5121 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. 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 Pub. 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(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)), and for any subse- quent major disaster declaration that supersedes such emergency declaration, the President shall provide fi- nancial 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. ‘‘(b) USE OF FUNDS.—Funds appropriated under sec- tion 4005 [of Pub. L. 117–2, 135 Stat. 79] may be used to carry out subsection (a) of this section.’’ Page 6411 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174a 1 So in original. Probably should be a reference to section 317 of the Act. LOST WAGES ASSISTANCE RECOUPMENT FAIRNESS Pub. 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 emer- gency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of such Act (42 U.S.C. 5191(b)) and under any subsequent major dis- aster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency declara- tion; 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). ‘‘(b) WAIVER AUTHORITY FOR STATE LIABILITY.—In the case of any individual who has received amounts of cov- ered 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 (b) 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 (b), the State shall report such waiver to the Administrator of the Federal Emer- gency 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 Se- curity 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 Infra- structure, Committee on Ways and Means, and the Subcommittee on Homeland Security of the Com- mittee on Appropriations of the House of Rep- resentatives.’’ REIMBURSEMENT Pub. L. 115–254, div. D, § 1211(b), Oct. 5, 2018, 132 Stat. 3447, provided that: ‘‘The Federal Emergency Manage- ment Agency (FEMA) shall reimburse State and local units of government (for requests received within a pe- riod of 3 years after the declaration of a major disaster under section 401 of the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act (42 U.S.C. 5170)) upon determination that a locally implemented hous- ing 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 or- dinances; and ‘‘(3) the housing solution was implemented within 90 days of the disaster.’’ [For definition of ‘‘State’’ as used in section 1211(b) of Pub. L. 115–254, set out above, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of this title.] § 5174a. Flexibility (a) Waiver authority (1) Definition In this subsection, the term ‘‘covered assist- ance’’ means assistance provided— (A) under section 5174 of this title; and (B) in relation to a major disaster or emer- gency declared by the President under sec- tion 5170 or 5191, respectively, of this title on or after October 28, 2012. (2) Authority Notwithstanding section 3716(e) of title 31, the Administrator— (A) except as provided in subparagraph (B), shall— (i) waive a debt owed to the United States related to covered assistance pro- vided to an individual or household if the covered assistance was distributed based on an error by the Agency and such debt shall be construed as a hardship; and (ii) waive a debt owed to the United States related to covered assistance pro- vided to an individual or household if such assistance is subject to a claim or legal ac- tion, including in accordance with section 1 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5160); and (B) may not waive a debt under subpara- graph (A) if the debt involves fraud, the presentation of a false claim, or misrepre- sentation by the debtor or any party having an interest in the claim. (3) Monitoring of covered assistance distrib- uted based on error (A) In general The Inspector General of the Department of Homeland Security shall monitor the dis- tribution of covered assistance to individ- uals and households to determine the per- centage of such assistance distributed based on an error. (B) Report on waiver authority based on ex- cessive error rate If the Inspector General of the Department of Homeland Security determines, with re- spect to any 12-month period, that the amount of covered assistance distributed based on an error by the Agency exceeds 4 percent of the total amount of covered as- sistance distributed— (i) the Inspector General shall notify the Administrator and publish the determina- tion in the Federal Register; and (ii) with respect to any major disaster or emergency declared by the President under section 5170 or section 5191, respec- tively, of this title after the date on which the determination is published under sub- paragraph (A), the Administrator shall re- port to the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Home-