# Presentation: 702441

## Robert T. Stafford Disaster Relief and Emergency Assistance ActP.L. 93-288, as amended

## History of Federal Disaster Assistance

- 1950 – Public Law 80-875
- Before 1950, a comprehensive disaster program did not exist.  Congress funded disaster recovery on an incident-by-incident basis.  In 1950, Congress enacted the initial Disaster Assistance Program, Public Law 80-875.
- 1969 – Disaster Relief Act
- This law introduced the idea of the Federal Coordinating Officer (FCO), and placed the management of the federal disaster assistance under one individual whom the President appointed.

## 1974 – Disaster Relief Act (Public Law 93-288) 
In April of 1974, a series of devastating tornadoes hit six Midwestern states.  This event confirmed the need to add assistance to individuals and families to the Disaster Relief Program.  As a result the Disaster Relief Act of 1974 was established.
1979 – Executive Order 12127
On March 31, 1979, Congress passed this order which established the Federal Emergency Management Agency to consolidate the nation’s emergency related programs.

- In April of 1974, a series of devastating tornadoes hit six Midwestern states.  This event confirmed the need to add assistance to individuals and families to the Disaster Relief Program.  As a result the Disaster Relief Act of 1974 was established.
- 1979 – Executive Order 12127
- On March 31, 1979, Congress passed this order which established the Federal Emergency Management Agency to consolidate the nation’s emergency related programs.

- History of Federal Disaster Assistance

## 1988 – Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288 as amended)
In November 1988, Congress passed this act to provide a framework for continued disaster assistance.  The Act establishes the Presidential declaration process for major emergencies, provides for the implementation of disaster assistance, and sets forth the various disaster assistance programs.  It also legislated a minimum 75% federal / 25% state/local cost-sharing for the Public Assistance (PA) Program. 

- In November 1988, Congress passed this act to provide a framework for continued disaster assistance.  The Act establishes the Presidential declaration process for major emergencies, provides for the implementation of disaster assistance, and sets forth the various disaster assistance programs.  It also legislated a minimum 75% federal / 25% state/local cost-sharing for the Public Assistance (PA) Program.

- History of Federal Disaster Assistance

## Stafford Act – Title I

- FINDINGS, DECLARATIONS AND DEFINITIONS

## Sec.102.(1)				   Definitions

- “Emergency” – means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lesson or avert the threat of a catastrophe in any part of the United States

## “Major Disaster” – means any natural catastrophe (including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm or drought), or regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disaster relief organizations

- Sec.102.(2)				   Definitions

## DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

-  STAFFORD ACT – TITLE II

## MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

-  STAFFORD ACT – TITLE III

## TITLE III – MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

- Sec. 302 - Coordinating Officers
- Federal Coordinating Officer
- State Coordinating Officer
- Sec. 303 - Emergency Support Teams
- Sec. 306 - Performance of Services
- Temporary personnel
- Experts and consultants
- Contract for the acquisition, rental, or hire of equipment, services, materials

## TITLE III – MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION, cont.

- Sec. 307 - Use of Local Firms and Individuals
- Sec. 308 - Nondiscrimination in Disaster Assistance
- Sec. 309 – Use and Coordination of Relief        			  organizations
- Sec. 316 - Protection of Environment
- Sec. 318 - Audits and Investigations

## MAJOR DISASTER ASSISTANCE PROGRAMS

- STAFFORD ACT – TITLE IV

## TITLE IV – MAJOR DISASTER ASSISTANCE PROGRAMS

- Sec. 401 Procedure for Declaration
- Disaster is of such severity and beyond the capabilities of the State and affected local government
- Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan
- Governor shall furnish information on the nature and amount of State and local resources that will be committed
- The State will comply with all applicable cost-sharing requirements

## TITLE IV – MAJOR DISASTER ASSISTANCE PROGRAMS, cont.

- Sec. 402 - General Federal Assistance
- The President may direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and local assistance efforts

## TITLE IV – MAJOR DISASTER ASSISTANCE PROGRAMS, cont.

- Sec. 403 - Essential Assistance
- Work and Services to Save Lives and Protect Property
- Debris removal
- Search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine, and other essential needs, including movement of supplies or persons
- Clearance of roads and construction of temporary bridges
- Provision of temporary facilities for schools and other essential community services
- Demolition of unsafe structures which endanger the public
- Federal Share
- 75% of the eligible cost of such assistance

## TITLE IV – MAJOR DISASTER ASSISTANCE PROGRAMS, cont.

- Sec. 403(c) – DOD Resources
- Sec. 404 - Hazard Mitigation
- 75% of cost of hazard mitigation measures which substantially reduce the risk of future damage
- Property Acquisition and Relocation Assistance
- Sec. 405 - Federal Facilities
- Sec. 407 -  Debris Removal

## TITLE IV – MAJOR DISASTER ASSISTANCE PROGRAMS, cont.

- Sec. 408 – Assistance to Individuals and Households
- Temporary Housing
- Repairs
- Replacement
- Sec. 410 – Unemployment Assistance
- Sec. 415 – Legal Services
- Sec. 416 – Crisis Counseling

## Sec. 418 - Emergency Communications
Authorizes establishment of temporary communications systems in anticipation of, an emergency or major disaster
Sec. 419 – Emergency Public Transportation
Sec. 420 – Fire Management Assistance

- Authorizes establishment of temporary communications systems in anticipation of, an emergency or major disaster
- Sec. 419 – Emergency Public Transportation
- Sec. 420 – Fire Management Assistance

- TITLE IV – MAJOR DISASTER ASSISTANCE PROGRAMS, cont.

## EMERGENCY ASSISTANCE PROGRAMS

- STAFFORD ACT – TITLE V

## TITLE V – EMERGENCY ASSISTANCE PROGRAMS

- Sec. 501 – Procedure for Declaration
- Request made by the Governor
- Based on finding the situation of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary
- Governor executes State’s emergency plan
- Governor furnishes information describing State and local efforts and resources that have or will be used to alleviate the emergency, and define the type and extent of Federal aid required

## TITLE V – EMERGENCY ASSISTANCE PROGRAMS

- Sec. 502 - Federal Emergency Assistance
- Direct any Federal Agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law in support of State and local emergency assistance efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe

## TITLE V – EMERGENCY ASSISTANCE PROGRAMS, cont.

- Sec. 503 - Amount of Assistance
- Federal share 75% of the eligible costs
- Limit on amount of assistance:
- Total assistance may not exceed $5,000,000
- Additional assistance:
- The President may determine that continued emergency assistance is required; there is a continuing and immediate risk to lives, property, public health or safety; and, necessary assistance will not otherwise be provided on a timely basis
- Whenever the limitation is exceeded, the President shall report to the Congress on the nature and extent of emergency assistance requirements and shall purpose additional legislation if necessary