Robert T. Stafford Act Disaster Relief and Emergency Assistance Act, as amended by Public Law 106-390

Page 3 of 5

Depending on the nature of the disastedemergency and subsequent losses, individuals may be referred to
other agencies and organizations authorized to provide assistance such as the Small Business
Administration, the American Red Cross, the Internal Revenue Service, etc. The applicant is informed at
the beginning of the information collection process about the Privacy Act and the possible sharing of
information with these Referral Agencies.

Stafford Act Section on Applications TITLE 44--Emergency Management and Assistance
CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF
HOMELAND SECURITY
SUBCHAPTER D--DISASTER ASSISTANCE
PART 206--FEDERAL-DISASTER AS-SISTANCE FOR-DLS_AS_TERSDECLARED ON
Subpart D-Federal Assistance to Individuals and Households

5 206.101

Temporary housing assistance for emergencies and major disasters declared on or before
October 14, 2002.

(a) Purpose. This section prescribes the policy to be followed by the Federal Government or any other
organization when implementing section 408 of the Stafford Act for Presidentially-declared emergencies and
major disasters declared on or before October 14, 2002 (Note that the reference to section 408 of the Stafford Act
refers to prior legislation amended by the Disaster Mitigation Act 2000).
(b) Program intent. Assistance under this program is made available to applicants who require temporary housing
as a result of a major disaster or emergency that is declared by the President. Eligibility for assistance is based on
need created by disaster-related unlivability of a primary residence or other disaster-related displacement,
combined with a lack of adequate insurance coverage. Eligible applicants may be paid for authorized
accommodations andlor repairs. In the interest of assisting the greatest number of people in the shortest possible
time, applicants who are able to do so will be encouraged to make their own arrangements for temporary housing.
Although numerous instances of minor damage may cause some inconvenience to the applicant, the determining
eligibility factor must be the livability of the primary residence. FEMA has also determined that it is reasonable to
expect applicants or their landlords to make some repairs of a minor nature. Temporary housing will normally
consist of a check to cover housing-related costs wherever possible.
(e) Applications-(1) Application period. The standard FEMA application period is the 60 days following the date
the President declares an incident a major disaster or an emergency. The Regional Director may, however,
extend the application period, when we anticipate that we need more time to collect applications from the affected
population or to establish the same application deadline for contiguous Counties or States. After the application
period has ended, FEMA will accept and process applications for an additional 60 days only from persons who
can provide an acceptable explanation (and documentation to substantiate their explanation) for why they were
not able to contact FEMA before the application period ended.
(2) Household composition. Members of a household shall be included on a single application and be provided
one temporary housing residence unless it is determined by the Regional Director that the size of the household
requires that more than one residence be provided.

Alvin Warner

Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended by Public Law 106390, October 30,2000
UNITED STATES CODE
Title 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68. DISASTER RELIEF
[As amended by Pub. L. 103-181, Pub. L. 103-337, and Pub. L. 1063901
(Pub. L. 106-390, October 30, 2000, 114 Stat. 1552 - 1575)

5 5155.

DUPLICATION OF BENEFITS {Sec. 312)

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
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 procedl~resas 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.
c. Recovery of duplicative benefits
A person receiving Federal assistance for a major disaster or
emergency shall be liable to the Ur~itedStates 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, United States Code [ 3 1 U.S.C. fjfj 3701 et seq.], 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 Act, 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.

0

COMPILATION OF BASIC LAWS AND AUTHORITIES

Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended by Public Law 106-390, October 30,2000

COMPILATION OF BASIC LAWS AND AUTHORITIES

48

SEC. 408. 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, 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 (I), an individual or
household shall not be denied assistance under paragraph (I), (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 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 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)(l) 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.

Stafford Act, as amended by Pub.L. 106-390, October 30,2000.

(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 rent alternate housing accommodations,
existing rental units, housing, recreational vehicles, or other readily
fabricated dwellings.
(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, 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 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 determines that due to extraordinary
circumstances an extension would be in the public interest.
(iii) Collection of rental charges.-- the end of the l&month period
referred to in clause (ii), the President may charge fair market rent for
each temporary housing unit provided.

(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) by a major
disaster to a safe and sanitary living or functioning condition; and

50

COMPILATION OF BASIC LAWS AND AUTHORITIES
(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.
(C) Maximum amount of assistance.-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.

(A) In general.-The President may provide financial assistance for the
replacement of owner- private residences damaged by a major disaster.

(B')Maximum amount of assistance.--The amount of assistance provided
to a household under this paragraph shaIl 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.
(C) Applicability of flood insurance requirement.--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
assistance or direct assistance to individuals o r households to construct
permanent housing in insular areas outside the continental United States and in
other remote 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, not cost-effective.
(d) Terms and Conditions Relating to Housing Assistance.-

(A) In general.--Any readily fabricated dwelling provided under this
section shall, whenever practicable, be located on a site that-

Stafford Act, as amended by Pub.L. 106-390, October 30,2000.

(i) is complete with utilities; and
(ii) 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 a t 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) 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).
(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

COMPILATION OF BASIC LAWS AND AUTHORITIES

52

(ii) may be sold, transferred, donated, otherwise made available
directly to a State or other governmental entity o r 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, governmental agency, or
voluntary organization agrees-

(I) to comply with the nondiscrimination provisions of section
308; and
(11) 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, 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.-

(I) Financial assistance to address other needs.(A) Grant to state.-Subject to subsection (g), a Governor may request a
grant from the President to provide financial assistance to individuals and
households in the State under subsection (e).

(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).

(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, by
providing to the States access to the electronic records of individuals and
52

Stafford Act, as amended by Pub.L. 106-390, October 30,2000.

53

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.

(g) Cost Sharing.(1) Federal share.--Except as provided in paragraph (2), 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)(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) 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.

(d) Effective Date.--The amendments made by this section take
effect 18 months after the date of enactment of this Act.
(Pub.L. 106-390,s 206, October 30,2000)
tj 5175. REPEALED. Pub. L. 100-707, title I,

4696.

105(m)(2), Nov. 23,1988,102 Stat.