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Stafford Act

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The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) is the law that empowers the Federal Emergency Management Agency (FEMA) to respond to disasters.[1][2]

President Donald Trump declared a national emergency under the act in response to the coronavirus on March 13, 2020.[3]

Background

Following a study of existing disaster programs, Congress passed the Stafford Act in 1988 to provide "a framework for continued disaster relief" from the federal government.[4] The Act "created the system in place today by which a presidential disaster declaration of an emergency triggers financial and physical assistance" through FEMA.[5]

The Act is named for former U.S. Senator Robert T. Stafford (R.-Vt.), who helped pass the law.[6]

Provisions

Congressional intent

According to Section 101 of the Stafford Act, Congress intended that the law would allow the federal government to assist state and local governments during disasters by taking the following six actions:[2]

  • Revising and broadening the scope of existing disaster relief programs
  • Encouraging states and local governments to develop disaster preparedness and assistance plans, programs, organizations, and capabilities
  • Achieving greater coordination and responsiveness of disaster preparedness and relief programs
  • Encouraging individuals, states, and local governments to get insurance coverage to supplement federal support
  • Encouraging hazard mitigation measures to reduce losses from disasters, including regulations governing land development and construction
  • Providing federal assistance programs for both public and private losses sustained in disasters

Presidential authority under the act

The act allows presidents to issue an emergency declaration or a major disaster declaration to provide federal assistance following a public health incident.[7]

  • With an emergency declaration, presidents can authorize debris removal or emergency protective measures such as "emergency shelter and medicine, hazard communication, and provision and distribution of necessities."[7]
  • With a major disaster declaration, presidents "authorize a wider range of federal assistance to states, territories, local governments, tribal nations, individuals and households, and certain nonprofit organizations to respond to and recover from catastrophic incidents."[7]

Usage

Presidents have declared emergencies under the Stafford Act in response to the West Nile Virus, a chemical spill in West Virginia, and the Flint, Michigan water contamination incident.[7]

President Donald Trump declared a national emergency under the act in response to the coronavirus on March 13, 2020.[3]

See also

Footnotes

  1. ↑ FEMA, "Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, and Related Authorities as of June 2019, "accessed March 13, 2020
  2. ↑ 2.0 2.1 FEMA, "Stafford Act, as Amended, and Related Authorities," accessed March 13, 2020
  3. ↑ 3.0 3.1 NPR, "WATCH: President Trump Declares National Emergency Amid The Coronavirus Pandemic," March 13, 2020
  4. ↑ FEMA, "On Call, Disaster Reserve Workforce News," September 2008
  5. ↑ FEMA, "About the Agency," accessed March 13, 2020
  6. ↑ Vox, "The Stafford Act plays a key role in House of Cards. Here’s how that law works.," March 1, 2015
  7. ↑ 7.0 7.1 7.2 7.3 Congressional Research Service, "Stafford Act Assistance for Public Health Incidents," March 2, 2020
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