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FEMA and Disaster Relief 97-159 GOV CRS Report for Congress Received through the CRS Web FEMA and Disaster Relief Updated March 6, 1998 Keith Bea Specialist in American National Government Government Division Congressional Research Service The Library of Congress FEMA and Disaster Relief Summary The Federal Emergency Management Agency (FEMA) helps states and localities prepare for and cope with disasters that overwhelm their own capabilities. FEMA administers policies related to emergency management and planning, disaster relief, fire prevention, earthquake hazard reduction, emergency broadcasting services, flood insurance, mitigation programs, and dam safety. President Clinton has requested $3.1 billion for FEMA in FY1999. The majority of the funds ($2.3 billion, or 75%) are requested as disaster relief funding that would only be available should the President and Congress designate it as emergency funding under the Balanced Budget Act. The remaining 25% ($844 million) would fund agency salaries, grants to state and local governments, and training activities, and would replenish the Disaster Relief Fund with $308 million. For the past 14 years, annual appropriations for FEMA have ranged from as little as $600 million to a high of approximately $5.9 billion, including supplemental measures. For FY1998, a total of $842 million is available, as appropriated in P.L. 105-65. In FY1997 a total of $5.1 billion was appropriated—$1.8 billion in the FY1997 appropriations legislation (P.L. 104-204) and $3.3 billion in supplemental appropriations (P.L. 105-18). The principal federal authority for the provision of disaster relief is the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act). The act authorizes the President to issue major disaster or emergency declarations (the latter provide considerably less federal assistance than the former), sets out eligibility criteria, and specifies the types of assistance the President may authorize. Specifically, grants are provided to individuals to meet urgent housing needs, purchase necessary personal items, and obtain legal services needed as a result of the disaster. For state and local governments and non-profit corporations, funds are provided for the repair or reconstruction of infrastructure damaged or destroyed, for debris removal, and for the construction of protective measures. In addition to this assistance authorized under the Stafford Act, federal disaster assistance is provided by the Small Business Administration, the Department of Defense, the Department of Transportation, and other agencies. Funding for Stafford Act related activities varies from one year to another, depending on the severity and frequency of declared catastrophes. In recent years billions of dollars have been appropriated to help communities recover from Hurricane Andrew, the Northridge earthquake, and other incidents. In response to congressional demands, the Clinton Administration has submitted legislation (S. 1007/H.R. 2446) to reduce certain disaster relief expenditures. The legislation would also increase certain expenditures and federal authority for hazard mitigation activities. Contents Overview of FEMA .............................................. 1 Basic Authorities ............................................ 2 Statutes ............................................... 2 Executive Orders ........................................ 3 Agency Funding ......................................... 4 Disaster Relief .................................................. 9 Overview of the Stafford Act ................................... 9 Types of Major Disaster Assistance ............................. 10 Human Services ........................................ 11 Infrastructure Assistance ................................. 12 Hazard Mitigation ...................................... 13 Sequence of Events ......................................... 14 Cost Share Requirements and Waivers ........................... 14 Funding .................................................. 18 Appendix A. Significant Federal Disaster Relief Programs ............................................ 23 Appendix B. Major Disaster and Emergency Declarations and Number of States Affected, 1975-1997 ........................................ 25 Appendix C. FEMA Major Disaster Assistance, by State, Calendar Years 1974-1997 26 Appendix D: FEMA Organization Chart ............................. 30 List of Tables Table 1. FEMA Funding, FY1984-FY1999 ............................ 5 Table 2. FEMA Funding by Account, Requests, Appropriations and Outlays, FY1997-FY1999 ............................................ 8 Table 3. Stafford Act Obligations for Recent, Costly Major Disasters, as of July 1995 ............................... 10 Table 4. Major Disaster Declarations with Cost Share Adjustments, November 1985 - August 1997 ............................................. 16 Table 5. Disaster Relief Fund: Requests, Appropriations, and Outlays, FY1974- FY1998 .................................................. 20 Table C. FEMA Major Disaster Assistance, by State, 1974-1997 (dollars in thousands, constant 1997) ............................ 27 FEMA and Disaster Relief Overview of FEMA The Federal Emergency Management Agency (FEMA) was established in June 1979 by President Carter to improve the responsiveness of the federal government to catastrophes in the United States and insular areas. FEMA provides financial and technical assistance to states and localities overwhelmed by disasters. FEMA administers policies related to emergency management and planning, evacuation, and matters often associated with civil defense, disaster relief, fire prevention, earthquake hazard reduction, emergency broadcasting services, flood insurance, mitigation programs,1 and dam safety. Prior to the development of FEMA, these functions were administered by various agencies of the executive branch, such as the Defense Civil Preparedness Agency of the Department of Defense, the Federal Disaster Assistance Administration of the Department of Housing and Urban Development (disaster relief), and the National Fire Prevention and Control Administration of the Department of Commerce (fire prevention and control).2 Overview information on FEMA is available on the World Wide Web at http://www.fema.gov. The current Director of FEMA is James Lee Witt. In November 1993, FEMA reorganized the agency’s 2,500 employees into five directorates, two administrations (the Federal Insurance Administration and the U.S. Fire Administration) and 10 regional offices. The most recent organizational chart of FEMA is presented in Appendix D of this report. FEMA on occasion has been enveloped in controversy. In 1992, the agency was criticized for actions not taken after Hurricane Andrew struck south Florida. Some 1 Mitigation activities reduce losses in future disasters through structural changes (e.g., building dams or levees) and nonstructural changes (e.g., modifying land use patterns, relocating communities, or enacting and enforcing zoning ordinances). 2 U.S. President (Carter), “Reorganization Plan No. 3 of 1978,” H. Doc. 95-356, 95th Cong., 2nd sess. (Washington: GPO, 1978) p . 6 and “Federal Emergency Management Agency,” Executive Order 12127, Public Papers of the Presidents, Jimmy Carter (Washington: GPO, Mar. 31, 1979) p. 566 and “Federal Emergency Management,” Executive Order 12148, Public Papers of the Presidents, Jimmy Carter (Washington: GPO, July 20, 1979) p. 1277. CRS-2 argued that administrators had not fully integrated the many missions of the agency.3 The reorganization of the agency in 1993 was the Clinton Administration’s response to that criticism and to concerns expressed by Members of Congress and others that the agency should focus on its core function, disaster relief.4 The Government Performance and Results Act (P.L. 103-62) requires that federal agencies develop strategic plans and objectives, measure performance, and link budgets to performance plans. The intent is to encourage efficiency, effectiveness, and accountability in spending practices. In September 1997, FEMA released its first strategic plan pursuant to the Act’s requirements.5 The mission statement in the agency plan focuses FEMA’s efforts to reduce future loss of life and property through timely delivery of assistance that is intended to help communities restore damaged services and rebuild facilities. Most emergency management responsibilities for the agency are addressed in the plan. A few authorities, notably that pertaining to the Emergency Food and Shelter program, are not mentioned or receive little attention.6 Basic Authorities FEMA is charged with the administration of a range of authorities and programs. The most significant responsibilities and the pertinent authorities are found in the following statutes and executive orders. Statutes. Continuity of government. (National Security Act of 1947, 50 U.S.C. 404, 405 and Defense Production Act of 1950, 50 U.S.C. App. 2061 et seq.) Disaster relief. Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. Includes civil defense authorities previously found in Civil Defense Act of 1950, 50 U.S.C. App. 2251 et seq.) Earthquakes. (Earthquake Hazards Reduction Act of 1977, 42 U.S.C. 7701 et seq.) 3 National Academy of Public Administration, Coping with Catastrophe, (Washington: 1993), pp. 41-68. 4 See, for example: U.S. Congress, Senate Committee on Governmental Affairs, Rebuilding FEMA: Preparing for the Next Disaster, hearing, 103rd
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