42 U.S.C. § 5155

Duplication of benefits

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(a) General prohibition

The President, in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as a result of a major disaster or emergency, shall assure that no such person, business concern, or other entity will receive such assistance 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 duplicative assistance to the agency providing the Federal assistance.

(2) Procedures

The President shall establish such procedures 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 disaster or emergency shall not preclude provision of additional Federal assistance for any part of a loss or need for which benefits have not been provided.

A person receiving Federal assistance for a major disaster or emergency shall be liable to the United States to the extent that such assistance duplicates benefits available to the person for the same purpose from another source. The agency which provided the duplicative assistance 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 assistance provided to individuals and families under this chapter, and comparable disaster assistance provided by States, local governments, and disaster assistance organizations, shall not be considered as income or a resource when determining eligibility for or benefit levels under federally 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 NotesReferences 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 section 5121 of this title and Tables.

Prior Provisions

A prior section 5155, Pub. L. 93–288, title III, § 315, May 22, 1974, 88 Stat. 152, consisted of similar provisions, prior to repeal by Pub. L. 100–707, § 105(i).

A prior section 312 of Pub. L. 93–288 was renumbered section 309 by Pub. L. 100–707 and is classified to section 5152 of this title.

Amendments

2018—Subsec. (b)(4). Pub. L. 115–254, § 1210(a)(4), struck out par. (4) which provided for a presidential waiver of the general prohibition in subsec. (a).

Pub. L. 115–254, § 1210(a)(1), added par. (4).

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President 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 section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.

Pub. L. 115–254, div. D, § 1210(a)(3), Oct. 5, 2018, 132 Stat. 3443, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to any major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) between January 1, 2016, and December 31, 2021.”

Pub. L. 115–254, div. D, § 1210(a)(4), Oct. 5, 2018, 132 Stat. 3443, provided that the amendment made by section 1210(a)(4) is effective on the date that is 5 years after Oct. 5, 2018.

Limitation

Pub. L. 115–254, div. D, § 1210(a)(2), Oct. 5, 2018, 132 Stat. 3443, provided that: “This subsection [amending this section], including the amendment made by paragraph (1), shall not be construed to apply to section 406 or 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172, 5174).”

Notes of Decisions

Cited in 14 cases (4 in the last 5 years), 1977–2025 · leading case: Hawaii Ex Rel. Attorney Gen. v. Fed. Emergency Mgmt. Agency, 78 F. Supp. 2d 1111 (D. Haw. 1999).

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Hawaii Ex Rel. Attorney Gen. v. Fed. Emergency Mgmt. Agency, 78 F. Supp. 2d 1111 (D. Haw. 1999). · cites it 5× “Accordingly, pursuant to 42 U.S.C. § 5155 (c), FEMA asserts that the State should reimburse FEMA $12,167,381.”

City of Chicago v. Fed. Emergency Mgmt. Agency, 660 F.3d 980 (7th Cir. 2011). “” 42 U.S.C. § 5155 (c). FEMA asserted that the Use Agreements entitled the City to reimbursement of the cost of the snow removal from the airlines, and that this authorization meant that FEMA’s assistance, which had financed the City’s removal of the snow, had “duplicate[d]…”

Columbus Reg'l Hosp. v. Fed. Emergency Mgmt. Agency, 708 F.3d 893 (7th Cir. 2013). “42 U.S.C. § 5155 (c). In other words, the collateral-source rule of tort law does not apply to disaster relief.”

McWaters v. Fed. Emergency Mgmt. Agency, 436 F. Supp. 2d 802 (E.D. La. 2006). “Despite the hurdles some separated household members may face in providing rent receipts and other items in order to receive an additional assistance payment, the Court finds such measures are reasonably necessary given FEMA’s competing mandate to prevent fraud and duplication…”

Hawaii ex rel. Attorney Gen. v. Fed. Emergency Mgmt. Agency, 294 F.3d 1152 (9th Cir. 2002). “42 U.S.C. § 5155 (c). 1 Additional insurance benefits that the state could have obtained had it not settled for less — reasonable though the decision to settle was — were “available,” FEMA argues; therefore an equivalent amount of money must be paid to the Agency.”

Hawaii Ex Rel. Attorney Gen. v. Fed. Emergency Mgmt. Agency, 93 F. Supp. 2d 1103 (D. Haw. 2000). “This court has already determined that, under 42 U.S.C. § 5155 (c), “the State must reimburse FEMA to the extent FEMA’s assistance duplicated benefits ‘available’ for the same purpose from another source, including insurance benefits.”

Pub. Util. Dist. No. 1 Snohomish Cnty. v. Fed. Emergency Mgmt. Agency, 371 F.3d 701 (9th Cir. 2004). · cites it 3× “FEMA’s demand for repayment in this context was based on 42 U.S.C. § 5155 (c), which said in relevant part, “[a] person receiving Federal assistance for a major disaster or emergency shall be liable to the United States to the extent that such assistance duplicates benefits…”

Holy Cross Coll. v. Criswell (5th Cir. 2024). “” 42 U.S.C. § 5155 (c). Holy Cross’s reading of § 5205(c) would nullify this provision, which it cannot do.”

Calogero v. Shows, Cali & Walsh, LLP (E.D. La. 2022). “Plaintiffs argue that the federal Stafford Act requirements that recipients of assistance not receive duplicate payments, 42 U.S.C. § 5155 , and that the state’s obligation to certify its compliance with these requirements, 24 C.”

Keita v. Fema (E.D.N.Y 2021). “Notably, in accord with this regulatory framework, “[a] person receiving Federal assistance for a major disaster or emergency shall be liable to the United States to the extent that such assistance duplicates benefits available to the person for the same purpose from another…”

Settlers Hosp. Grp., LLC v. Zurich Am. Ins. Co. (M.D. Penn. 2025). “Northrop, 2013 WL 3946103 , at *5 (citing 42 U.S.C. § 5155 and Hawaii v. FEMA, 294 F.”

Form of Consultation Required for Presidential Decisions Under the Pub. Util. Regulatory Policies Act of 1978 (OLC 1979). “§ 1531 note; 42 U.S.C. § 5155 (a); see also 50 U.S.C. App.”

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