Federal agencies may be reimbursed for expenditures under this Act from funds appropriated for the purposes of this Act. Any funds received by Federal agencies as reimbursement for services or supplies furnished under the authority of this Act shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies. The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this Act.
In the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business primarily in the area affected by such major disaster or emergency.
This section shall not be considered to restrict the use of Department of Defense resources in the provision of major disaster assistance under this Act. Bold from P. The President shall establish comprehensive standards which shall be used to assess the efficiency and effectiveness of Federal major disaster and emergency assistance programs administered under this Act.
The President shall conduct annual reviews of the activities of Federal agencies and State and local governments in major disaster and emergency preparedness and in providing major disaster and emergency assistance in order to assure maximum coordination and effectiveness of such programs and consistency in policies for reimbursement of States under this Act. The President is authorized, at the request of the Governor of an affected State, to provide for a survey of construction materials needed in the area affected by a major disaster on an emergency basis for housing repairs, replacement housing, public facilities repairs and replacement, farming operations, and business enterprises and to take appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the allocation of such materials for a period of not more than one hundred and eighty days after such major disaster.
Any allocation program shall be implemented by the President to the extent possible, by working with and through those companies which traditionally supply construction materials in the affected area. For the purposes of this section "construction materials" shall include building materials and materials required for repairing housing, replacement housing, public facilities repairs and replacement, and for normal farm and business operations.
An action which is taken or assistance which is provided pursuant to section , , , , or [42 U. Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of [42 U. No geographic area shall be precluded from receiving assistance under this Act solely by virtue of an arithmetic formula or sliding scale based on income or population. The President may prescribe such rules and regulations as may be necessary and proper to carry out the provisions of this Act, and may exercise, either directly or through such Federal agency as the President may designate, any power or authority conferred to the President by this Act.
Section of the Disaster Mitigation Act of , added Sec. All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is 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.
This top-down approach often does not include the perspective of people living in the disaster-affected area. In the wake of a federally-declared disaster, the federal government provides assistance to state and local governments.
Assistance includes food, shelter, financial assistance and the repair of physical damage resulting from a disaster. FEMA will pay up to 90 percent to state and local governments for debris removal, emergency protective measures, roads and bridges, water control facilities, buildings and equipment and utilities.
The president instructs federal agencies to provide states disaster preparedness and mitigation assistance. Federal agencies provide technical assistance to states to help them prepare for disasters and administer grants for the purpose of creating or updating emergency plans.
However, state and local governments often lack the capacity and planning resources necessary for effective mitigation. Donors can employ the following strategies to complement existing federal assistance programs: Support recovery.
In order to increase the effectiveness of long-term recovery, the shortcomings of the Stafford Act must be addressed. Philanthropists can use their convening power to organize donor consortiums to advocate for legislative reform of the Stafford Act and to ensure FEMA delivers a long-term recovery framework. Following a study of existing disaster programs, Congress passed the Stafford Act in to provide "a framework for continued disaster relief" from the federal government.
The Act is named for former U. Senator Robert T. Stafford R. According to Section 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].
The act allows presidents to issue an emergency declaration or a major disaster declaration to provide federal assistance following a public health incident. 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.
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Share this page Follow Ballotpedia. Stafford Disaster Relief and Emergency Assistance Act of Stafford Act provides the legal authority for the federal government to provide assistance to states during declared major disasters and emergencies. The Stafford Act authorizes the delivery of federal technical, financial, logistical, and other assistance to states and localities during declared major disasters or emergencies.
Federal assistance is provided under the Stafford Act if an event is beyond the combined response capabilities of state and local governments. In the absence of a specific request, the president may provide accelerated federal assistance where it is necessary to save lives or prevent severe damage.
The Stafford Act authorizes the president to declare a "major disaster" or "emergency" in response to an incident or threatened incident that overwhelms the response capability of state or local governments. A presidential declaration under the Stafford Act enables access to disaster relief assistance and funds as appropriated by Congress. The Disaster Relief Fund has several billion dollars immediately available for the emergency needs of state and local governments, but its use is limited to those purposes specifically authorized in the Stafford Act—implementing allowed activities to respond to major disasters and emergencies as defined in the act.
Congress may authorize additional funds as an event dictates. The presidential declaration specifies the types of assistance authorized. The president may declare an emergency without first receiving a gubernatorial request if the emergency involves an area of "federal primary responsibility" in which principal responsibility for response rests with the federal government because the emergency involves a subject area for which the United States exercises exclusive responsibility and authority.
A Stafford Act declaration can trigger other public health emergency response authorities. The Stafford Act covers major disasters and emergencies. Major disasters are defined as any natural catastrophe or fire, flood, or explosion, regardless of cause, which is of sufficient severity to warrant assistance under the act to alleviate the damage, loss, or hardship caused by the event.
Pandemic influenza and other communicable diseases are defined as emergencies eligible for coverage under the Stafford Act.
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