§5154a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal disaster aid for flood damage cannot pay to fix a home, business, or personal property when the person getting the money earlier received flood aid that required them to buy flood insurance and then did not buy and keep that insurance. When a property that got that kind of conditional federal flood aid is sold, the seller must give the buyer written notice at or before the sale that the buyer must get and keep flood insurance. Covered property means personal, commercial, or residential property that had received federal flood repair aid earlier that was conditioned on having flood insurance. A "flood disaster area" means an area the Secretary of Agriculture finds under 7 U.S.C. 1961(a) or the President declares a major disaster or emergency under the Robert T. Stafford Act (42 U.S.C. 5121 et seq.) because of flooding. These rules apply to disasters declared after September 23, 1994.

Title 42, §5154a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, no Federal disaster relief assistance made available 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, residential, 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 Federal law and subsequently having failed to obtain and maintain flood insurance as required under applicable Federal law on such property.

(b)(1)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 writing 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 insured 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.

(2)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 maintain flood insurance in accordance with applicable Federal law with respect to the property,

(B)the property is damaged by a flood disaster, and

(C)Federal disaster relief assistance is provided for the repair, replacement, or restoration of the property as a result of such damage,

(3)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 available in a flood disaster area has been provided, prior to the date on which the property is transferred, for repair, replacement, or restoration of the property, if such assistance was conditioned upon obtaining flood insurance in accordance with applicable Federal law with respect to such property.

(c)

(d)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 conditions existing in or affecting that area.

(e)This section and the amendments made by this section shall apply to disasters declared after September 23, 1994.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to this chapter. For complete classification 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 Insurance 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.

§5154a Prohibited flood disaster assistance

Summary

Title 42, §5154a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Amendments

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