42 USC 5174, Stafford Act

§ 5173

TITLE 42—THE PUBLIC HEALTH AND WELFARE

to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 5173. Debris removal
(a) Presidential authority
The President, whenever he determines it to
be in the public interest, is authorized—
(1) through the use of Federal departments,
agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands
and waters; and
(2) to make grants to any State or local government or owner or operator of a private nonprofit facility for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and
waters.
(b) Authorization by State or local government;
indemnification agreement
No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the
case of removal of debris or wreckage from private property, shall first agree to indemnify the
Federal Government against any claim arising
from such removal.
(c) Rules relating to large lots
The President shall issue rules which provide
for recognition of differences existing among
urban, suburban, and rural lands in implementation of this section so as to facilitate adequate
removal of debris and wreckage from large lots.
(d) Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of debris and wreckage removal carried out under this section.
(e) Expedited payments
(1) Grant assistance
In making a grant under subsection (a)(2),
the President shall provide not less than 50
percent of the President’s initial estimate of
the Federal share of assistance as an initial
payment in accordance with paragraph (2).
(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 operator of a private nonprofit facility applies for
assistance under this section, an initial payment 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.)
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.

Page 5456

AMENDMENTS
2006—Subsec. (e). Pub. L. 109–347 added subsec. (e).
1988—Subsec. (a)(2). Pub. L. 100–707, § 106(c)(2), inserted ‘‘or owner or operator of a private nonprofit facility’’ after ‘‘local government’’.
Subsecs. (c), (d). Pub. L. 100–707, § 106(c)(3), added subsecs. (c) and (d).

§ 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
(1) Eligibility
The President may provide financial or
other assistance under this section to individuals and households to respond to the disasterrelated 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.
(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 assistance to individuals or households to

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(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 hookups, 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 subparagraph (A).
(ii) Period of assistance
The President may not provide direct assistance under clause (i) with respect to a
major disaster after the end of the 18month 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.
(iii) Collection of rental charges
After the end of the 18-month period referred to in clause (ii), the President may
charge fair market rent for each temporary housing unit provided.
(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
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.
(3) Replacement
(A) In general
The President may provide financial assistance for the replacement of owner-occupied private residences damaged by a major
disaster.
(B) Applicability of flood insurance requirement
With respect to assistance provided under
this paragraph, the President may not waive

§ 5174

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 assistance or direct assistance to individuals or
households to construct permanent or semipermanent 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
A readily fabricated dwelling may be located 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 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.
(v) Use of GSA services
The President may use the services of
the General Services Administration to accomplish a sale under clause (i).

§ 5174

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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, 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, 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.
(B) Administrative costs
A State that receives a grant under subparagraph (A) may expend not more than 5
percent of the amount of the grant for the
administrative costs of providing 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.

Page 5458

(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.
(2) Financial assistance to address other needs
In the case of financial assistance provided
under subsection (e) of this section—
(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 financial assistance greater than $25,000 under
this section with respect to a single major disaster.
(2) Adjustment of limit
The limit established under paragraph (1)
shall be adjusted annually to reflect changes
in the Consumer Price Index for All Urban
Consumers published by the Department of
Labor.
(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
The President shall prescribe rules and regulations to carry out this section, including criteria, 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.)
PRIOR PROVISIONS
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 of Pub. 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 Pub. L. 100–707.

Page 5459

TITLE 42—THE PUBLIC HEALTH AND WELFARE
AMENDMENTS

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. 106–390 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.

§ 5177

any other unemployment compensation (as that
term is defined in section 85(b) of title 26) or
waiting period credit. Such assistance as the
President shall provide shall be available to an
individual as long as the individual’s unemployment caused by the major disaster continues or
until the individual is reemployed in a suitable
position, but no longer than 26 weeks after the
major disaster is declared. Such assistance for a
week of unemployment shall not exceed the
maximum weekly amount authorized under the
unemployment compensation law of the State in
which the disaster occurred. The President is directed to provide such assistance through agreements with States which, in his judgment, have
an adequate system for administering such assistance through existing State agencies.
(b) Reemployment assistance
(1) State assistance
A State shall provide, without reimbursement from any funds provided under this chapter, reemployment assistance services under
any other law administered by the State to individuals receiving benefits under this section.
(2) Federal assistance
The President may provide reemployment
assistance services under other laws to individuals who are unemployed as a result of a
major disaster and who reside in a State which
does not provide such services.
(Pub. L. 93–288, title IV, § 410, formerly § 407, May
22, 1974, 88 Stat. 156; renumbered § 410 and
amended Pub. L. 100–707, title I, § 106(e), (f), Nov.
23, 1988, 102 Stat. 4703, 4704.)

EFFECTIVE DATE OF 2000 AMENDMENT

REFERENCES IN TEXT

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].’’

This chapter, referred to in subsec. (b)(1), 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 section 5121 of this title and Tables.

§ 5175. Repealed. Pub. L. 100–707, title
§ 105(m)(2), Nov. 23, 1988, 102 Stat. 4696

I,

Section, Pub. L. 93–288, title IV, § 405, May 22, 1974, 88
Stat. 155, related to protection of environment.

§ 5176. Repealed. Pub. L. 106–390, title
§ 104(c)(2), Oct. 30, 2000, 114 Stat. 1559

I,

Section, Pub. L. 93–288, title IV, § 409, formerly § 406,
May 22, 1974, 88 Stat. 155; renumbered § 409, Pub. L.
100–707, title I, § 106(e), Nov. 23, 1988, 102 Stat. 4703, related to minimum standards for public and private
structures.
A prior section 409 of Pub. L. 93–288 was renumbered
section 412 by Pub. L. 100–707 and is classified to section
5179 of this title.

§ 5177. Unemployment assistance
(a) Benefit assistance
The President is authorized to provide to any
individual unemployed as a result of a major
disaster such benefit assistance as he deems appropriate while such individual is unemployed
for the weeks of such unemployment with respect to which the individual is not entitled to

PRIOR PROVISIONS
A prior section 410 of Pub. L. 93–288 was renumbered
section 413 by Pub. L. 100–707 and is classified to section
5180 of this title.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–707, § 106(f)(1)–(3), inserted ‘‘for the weeks of such unemployment with respect to which the individual is not entitled to any
other unemployment compensation (as that term is defined in section 85(b) of title 26) or waiting period credit’’ for ‘‘is unemployed’’ before period at end of first
sentence, substituted ‘‘26 weeks’’ for ‘‘one year’’ in second sentence, and substituted ‘‘occurred’’ for ‘‘occurred, and the amount of assistance under this section
to any such individual for a week of unemployment
shall be reduced by any amount of unemployment compensation or of private income protection insurance
compensation available to such individual for such
week of unemployment’’ in third sentence.
Subsec. (b). Pub. L. 100–707, § 106(f)(4), inserted heading and amended text generally. Prior to amendment,
text read as follows: ‘‘The President is further authorized for the purposes of this chapter to provide reemployment assistance services under other laws to individuals who are unemployed as a result of a major disaster.’’