# Presentation: 663516

## FEMA Disaster Relief

- Diane Donley
- Office of Chief Counsel
- 202-646-3120
- Diane.Donley@dhs.gov
- September 15, 2008

## History

- 1950:  P.L. 81-875 creates Federal disaster relief program
- 1970:  Disaster Relief Act (P.L. 91-606)
- 1974:  Disaster Relief Act Amendments (P.L. 93-288)
- 1979:  E.O. 12127 creates FEMA
- 1988:  Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 100-707)
- 2000:  Disaster Mitigation Act of 2000 (P.L. 106-390)
- 2002:  Homeland Security Act (P.L. 107-296)
- 2006:  Post-Katrina Emergency Management Reform Act

## Primary Disaster Relief Legal Authorities

- Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq., as amended
- Homeland Security Act of 2002, as amended by Post Katrina Emergency Reform Act of 2006
- E.O. 12148, as amended
- Title 44 of the Code of Federal Regulations

## Stafford Act Topics to Be Covered

- Public Assistance
- Individual Assistance
- Hazard Mitigation
- Accelerated Assistance
- Evacuation Authority
- Mission Assignments, Direct Federal Assistance & PSMAs
- Transportation Assistance
- Case Management Assistance
- Pets
- Essential Service Providers
- Authority to Assist the Private Sector

## Public Assistance

**Public Assistance**

- Emergency Work
- Assistance essential to meeting “immediate threats” to life and property
- Includes debris removal, search and rescue, evacuation, emergency medical care, mass care, shelter, food, water, temporary facilities for essential community services, warnings, technical advice
- Under an emergency declaration eligible work also includes work necessary to lessen or avert a catastrophe
- Provided by grants to state and local governments and eligible private non-profits, i.e. “Project Worksheets” or “PWs”; or directly by the Federal government
- Federal share generally 75% though may be increased by the President
- See 42 U.S.C. 5170b; 5192

**Notes:**
Delivery of Emergency Work by Direct Federal Assistance
Governor certifies that the State cannot perform or contract for performance of the requested emergency work (e.g. debris removal, search and rescue, etc.)
FEMA tasks or “mission assigns” another Federal agency to perform the emergency work
State remains responsible for applicable non-Federal cost share
Agency performing the work will be reimbursed by FEMA if acting under the Stafford Act rather than its own statutory authority 
PKEMRA amendment allows for “accelerated Federal assistance” in the absence of a specific request where necessary to save lives, prevent human suffering or mitigate severe damage

## Public Assistance

**Public Assistance**

- Permanent Work: 42 U.S.C. 5172
- Repair, restoration and replacement of damaged facilities owned by states and local governments, and eligible private non-profits
- Provided through grants, i.e. “Project Worksheets”
- Federal share generally 75% though it may be raised by the President, 42 USC 5172(b)(1)

## Individual Assistance

**Individual Assistance**

- Individuals and Households Program (IHP), 42 USC 5174:
- Temporary Housing
- FEMA may provide rental assistance, direct housing assistance (e.g. manufactured housing), repair assistance and replacement assistance directly to disaster victims.  42 USC 5174
- Other Needs Assistance
- FEMA or the State may provide individuals with Other Needs Assistance for disaster-related necessary expenses or serious needs (e.g. medical, dental, funeral, personal property, transportation).  42 USC 5174, 5189c

**Notes:**
Program Maximum: $28,800 FY 2008 (adjustable by CPI). 
Section 408(h); 44 C.F.R. 206.110(b)
Housing Assistance (HA).
Administered by FEMA.
Other Needs Assistance (ONA).
Administered by FEMA; or
Administered by State.
Cost shared: non fed cost share is 25%, 42 USC 5174(g)(2)(B).

## Individual Assistance, cont’d

**Individual Assistance, cont’d**

**Other**
- Voluntary Agency Coordination, 42 USC 5152.
- Disaster unemployment, 42 USC 5177
- Disaster food stamps, 42 USC 5179
- Disaster legal services,  42 USC 5182
- Crisis counseling, 42 USC 5183
- Case management, 42 USC 5189d
- Cora Brown Fund, 42 U.S.C. 5201(b)

**Notes:**
Voluntary Agencies:
FEMA coordinates and works with the National Voluntary Organizations Active in Disasters (NVOAD) (28 Agencies).
The American Red Cross (ARC).
The Salvation Army.
Mennonite Disaster Service.
Disaster Legal Services
 MOU with ABA-YLD which partners with LSC funded groups, pro bono groups, vol attys to  provide free legal services
Crisis Counseling: immediate and long term
DUA: DOL managed, FEMA paid, includes self employed, farmers

## Hazard Mitigation, 42 USC 5170c

**Hazard Mitigation, 42 USC 5170c**

- Amount of assistance is based on a percentage of the total estimated Federal assistance for disaster relief for the State
- The State is the grantee for these funds and works with its local governments to determine priorities for the funding
- Mitigation is any action of a long-term, permanent nature that reduces the actual or potential risk of loss of life or property from a hazardous event
- State must have approved mitigation plan to receive assistance to restore damaged facilities – 44 C.F.R. 226(b)

**Notes:**
Cost share is max 75% Fed, 42 USC 5170c(a)

## Accelerated Federal Assistance

- After a major disaster or emergency declaration, this change allows “accelerated Federal assistance” _in the absence of a specific request from a State_ where necessary to save lives, prevent human suffering or mitigate severe damage

-  Section 402 of Stafford Act, 42 U.S.C.  5170a(5)
-  Section 502 of Stafford Act, 42 U.S.C. 5192(8)
-  PKEMRA amendment

## Evacuation Authority

- Primary authority for evacuations belongs to the State.
- FEMA was given original authority for evacuations in the Homeland Security Act.
- Firearms.
- PKEMRA included evacuation authority for FEMA in sections 402(1) and 402(2).

## Mission Assignments, Direct Federal Assistance & PSMAs

- MAs are authorized under section 402 and 403 of Stafford Act and the differences between them.
- Direct Federal Assistance merely means a MA with a cost share.
- PSMAs – There are about 223 now.  They are drafts and not final documents.

## Transportation Assistance

- Provides for trips home for renters and homeowners when they have been displaced more than 50 miles from their originally pre-disaster address.
- Proposed regulations have just been written.
- Section 425 of Stafford Act

## Case Management Assistance

- Basic concept - provide referral service to disaster applicants about housing opportunities; job information; child care information; and similar information to achieve self-sufficiency.
- Two pilot programs – one with HHS and one with certain disaster victims who remain in temporary housing units from Hurricanes Katrina and Rita
- Section 426 of Stafford Act

## Pets

- Federal agencies may be mission-assigned to provide assistance to meet immediate threats to life and property to provide rescue, care, shelter, and essential needs
-      -  To individuals with household pets and service animals
-      -   To such pets and animals
- Public Assistance Policy 9523.19 (Oct 24, 2007)
- Section 403(a)(3)(J) of Stafford Act

## Essential Service Providers

- An essential service provider is a municipal entity, nonprofit entity or private for-profit entity that provides telecommunications service, electrical power, natural gas, water and sewer services or any other essential service as determined by the President
- The head of a Federal agency may not deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and repair an essential service.  42 U.S.C. 5189e

## Authority to Assist the Private Sector

- Facilitate the Federal mission
- Request by State or local government
- Work through Infrastructure Liaison
- Example -- Security

## Other Authorities: Topics to be Covered 

- Victims of Crime Act
- Economy Act
- Defense Production Act

## Victims of Crime Act(VOCA)

-  ***Mandated Expenses***. The state must pay for medical expenses, mental health counseling, and lost wages if those are attributable to physical injury, and must cover funeral expenses as well.
- Beyond these, the state can cover anything else – except:
***Property Damage***: VOCA prohibits the use of federal funds for property damage.
***Last Payer***. VOCA is a last payer in relationship to all federal benefit programs.
- 42 U.S.C. 10601 - 10608

## Economy Act 

- The head of an agency may place an order with a major organizational unit within the same agency or another agency for goods or services
- 	- The order is in the best interest of the United States  - The agency to fill the order is able to obtain by contract the ordered goods or services and
- 	- The head of the agency decides the goods or services can’t be provided by contract as conveniently or cheaply by a commercial enterprise
-  31 U.S.C. 1535

##  Defense Production Act (DPA)

- Among other things, the DPA allows for the expansion of domestic productive capacity beyond the levels needed to meet the civilian demand; and some diversion of certain materials and facilities from civilian use to military and related purposes.(!1)
- (5) to meet the requirements referred to in this subsection, this Act [sections 2061 to 2171 of this Appendix] affords to the President an array of authorities to shape defense preparedness programs and to take appropriate steps to maintain and enhance the defense industrial and technological base; (6) the activities referred to in this subsection are needed in order to - (A) improve domestic defense industrial base efficiency and responsiveness; (B) reduce the time required for industrial mobilization in the event of an attack on the United States; or

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