Congressional Act of 1803

The Congressional Act of 1803 was the earliest effort to provide disaster relief on a Federal level after a fire devastated a New Hampshire town. From that point forward, assorted legislation provided disaster support. Between 1803 and 1950, the Federal Government intervened in approximately 100 incidents (earthquakes, fires, floods, and tornadoes).

Defense Production Act of 1950

The Defense Production Act of 1950 was the first comprehensive legislation pertaining to Federal disaster relief. The Disaster Relief Act of 1950 gave the President authority to issue disaster declarations that allowed Federal agencies to provide direct assistance to State and local governments. The Federal Civil Defense Act of 1950 created a nationwide system of civil defense agencies, and defense drills became routine in schools, government agencies, and other organizations.

Executive Order 10427

In 1952, President Truman issued Executive Order 10427, which emphasized that Federal disaster assistance was intended to supplement, not supplant, the resources of State, local, and private-sector organizations. This role is still the same today.

Executive Order 12127

President Carter’s 1979 Executive Order 12127 merged many of separate disaster-related responsibilities into a new Federal Emergency Management Agency (FEMA). FEMA was created to:

• Coordinate Federal emergency authorities, including the administration of disaster response and recovery programs.
• Assume the role of the Federal Disaster Assistance Administration and assume responsibilities from the Federal Preparedness Agency, the Defense Civil Preparedness Agency, the Federal Insurance Administration, the Office of Emergency Preparedness, and the U.S. Fire Administration.

FEMA is headquartered in Washington, DC, with 10 regional offices that help plan, coordinate, and manage disaster assistance activities, including disaster operations, disaster assistance, mitigation, and preparedness. Other activities include providing emergency food and shelter funding for those left homeless, and planning to ensure the continuity of the Federal Government during national security emergencies.

The Stafford Act

Today, the centerpiece legislation for providing Federal aid for emergency and disaster relief is the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-707). The Stafford Act:

• Provides a system of emergency preparedness for the protection of life and property from hazards.
• Vests responsibility for emergency preparedness jointly in the Federal Government, State and tribal governments, and their political subdivisions.
• Gives FEMA responsibility for coordinating Federal Government response.

Under the Stafford Act, assistance is limited to:

• Natural catastrophes (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.

The Stafford Act is designed to supplement the efforts and available resources of States, tribes, local governments, and disaster relief organizations.

Under the Stafford Act, the President can designate an incident as either an “emergency” or a “major disaster.” Both authorize the Federal Government to provide essential assistance to meet immediate threats to life and property, as well as additional disaster relief assistance.

Post-Katrina Emergency Management Reform Act of 2006

• Requires the development of pre-scripted mission assignments as part of the planning efforts for Emergency Support Function (ESF) response efforts.
• Transfers to FEMA various preparedness functions formerly contained within Department of Homeland Security (DHS).
• Employs the National Incident Management System (NIMS) and the National Response Framework (NRF) as the framework for emergency response and domestic incident management.
• Requires the development of comprehensive plans to respond to catastrophic incidents to include clear standardization, guidance, and assistance to ensure common terminology, approach, and framework for all strategic and operational planning.
• Directs the development of a National Disaster Recovery Strategy and National Disaster Housing Strategy.
• Amends the Stafford Act to direct FEMA to appoint a Disability Coordinator to ensure that the needs of individuals with disabilities are addressed in emergency preparedness and disaster relief.
• Requires an annual report to Congress on all Federal planning and preparedness efforts.
• Adds protection for household pets and service animals.

Sandy Recovery Improvement Act of 2013

The Sandy Recovery Improvement Act of 2013 (P.L. 113-2) authorizes several significant changes to the way FEMA may deliver disaster assistance under a variety of programs. Key changes relate to the following:

• Public Assistance:
• Authorizing alternative procedures for the Public Assistance (PA) Program.
• Reviewing and evaluating the Public Assistance small project threshold.
• Establishing a nationwide dispute resolution pilot program for Public Assistance projects.
• Hazard Mitigation: Streamlining the Hazard Mitigation Grant Program (HMGP).
• Disaster Cost Reduction: Developing a national strategy to reduce costs on future disasters.
• Individual Assistance:
• Revising the factors considered when evaluating the need for the Individual Assistance Program in a major disaster or emergency.
• Authorizing the lease and repair of rental units for use as direct temporary housing.
• Unified Federal Review: Establishing a unified and expedited interagency environmental and historic preservation process for disaster recovery projects.
• Essential Assistance: Authorizing changes in the way certain government employees are reimbursed for performing emergency protective measures.
• Tribal Requests for a Major Disaster or Emergency Declaration: Amending the Stafford Act to allow the Chief Executive of a federally recognized Indian tribe to make a direct request to the President for a major disaster or emergency declaration. Tribes may elect to receive assistance under a State’s declaration, provided that the President does not make a declaration for the tribe for the same incident. The Act also:
• Authorizes the President to establish criteria to adjust the non-federal cost share for an Indian tribal government consistent to the extent allowed by current authorities.
• Requires FEMA to consider the unique circumstances of tribes when it develops regulations to implement the provision.
• Amends the Stafford Act to include federally recognized Indian tribal governments in numerous references to State and local governments within the Stafford Act.