Stafford Act, Section 408

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. 106390]
(Pub. L. 106-390, October 30, 2000, 114 Stat. 1552 - 1575)

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 (1), an
individual or household shall not be denied assistance
under paragraph (1), (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 disaster-related 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)(1) 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.

ii.

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.
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

ii.

iii.

resources, would be unable to make use of the
assistance provided under subparagraph (A).
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.
Collection of rental charges.-- 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 fori.

ii.

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
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.
3. Replacement.-

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 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.
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 or households to construct permanent housing
in insular areas outside the continental United States and
in other remote locations in cases in whichA. no alternative housing resources are available; and
B. the types of temporary housing assistance described
in paragraph (1) are unavailable, infeasible, not costeffective.
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 thati.
ii.

is complete with utilities; and
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) 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 victimsi.

may be sold to any person; or

ii.

may be sold, transferred, donated, 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,
governmental agency, or voluntary
organization agreesI.
II.

to comply with the nondiscrimination
provisions of section 308; and
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.1. 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 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 Ac, or May
1, 2002.
(Pub.L. 106-390, § 206(a), October 30, 2000, 114 Stat. 1566)