---
kind: "section"
citation: "42 U.S.C. § 5154a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5154a"
heading: "Prohibited flood disaster assistance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5154a"
units:
  - "Chapter 68 — Disaster Relief"
  - "Subchapter III — Major Disaster and Emergency Assistance Administration"
---

# §5154a. Prohibited flood disaster assistance

- (a) **General prohibition—** Notwithstanding any other provision of law, no Federal [disaster](/usc/42/5204.md?p=2) relief assistance made available in a flood [disaster](/usc/42/5204.md?p=2) 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](/usc/42/5204.md?p=2) 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) **Transfer of property—**
  - (1) **Duty to notify—** In the event of the transfer of any property described in [paragraph (3)](#b-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.

    Such written notification shall be contained in documents evidencing the transfer of ownership of the property.

  - (2) **Failure to notify—** If a transferor described in [paragraph (1)](#b-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](/usc/42/5204.md?p=2), and
    - (C) Federal [disaster](/usc/42/5204.md?p=2) relief assistance is provided for the repair, replacement, or restoration 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](/usc/42/5204.md?p=2) relief assistance provided with respect to the property.

  - (3) **Property described—** For purposes of [paragraph (1)](#b-1), a property is described in this paragraph if it is personal, commercial, or residential property for which Federal [disaster](/usc/42/5204.md?p=2) relief assistance made available in a flood [disaster](/usc/42/5204.md?p=2) 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) **Omitted—**
- (d) **“Flood disaster area” defined—** For purposes of this section, the term “flood [disaster](/usc/42/5204.md?p=2) area” means an area with respect to which—
  - (1) the [Secretary](/usc/42/242q–4.md?p=2) of Agriculture finds, or has found, to have been substantially affected by a [natural disaster](/usc/42/5195a.md?p=a-2) in the [United States](/usc/42/5122.md?p=3) pursuant to [section 1961(a) of title 7](/usc/7/1961.md?p=a); or
  - (2) the President declares, or has declared, the existence of a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) pursuant to the Robert T. Stafford [Disaster](/usc/42/5204.md?p=2) Relief and [Emergency](/usc/42/5122.md?p=1) Assistance Act ([42 U.S.C. 5121](/usc/42/5121.md) et seq.), as a result of flood conditions existing in or affecting that area.
- (e) **Effective date—** This section and the amendments made by this section shall apply to [disasters](/usc/42/5204.md?p=2) declared after September 23, 1994.

## Source credit

(Pub. L. 103–325, title V, § 582, Sept. 23, 1994, 108 Stat. 2286.)

## Notes

### 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.