The Disaster Relief Fund: Overview and Issues
February 16, 2021January 20, 2022
The Disaster Relief Fund (DRF) is one of the most-tracked single accounts funded by
The Disaster Relief Fund (DRF) is one of the most-tracked single accounts funded by
Congress each year. Managed by the Federal Emergency Management Agency (FEMA), Congress each year. Managed by the Federal Emergency Management Agency (FEMA),
it is the primary
William L. Painter
it is the primary source of funding for the federal government’s domestic general source of funding for the federal government’s domestic general
disaster relief programs. These
Specialist in Homeland
Specialist in Homeland
disaster relief programs. These programs, authorized under the Robert T. Stafford programs, authorized under the Robert T. Stafford
Security and
Disaster Relief and Emergency Assistance Disaster Relief and Emergency Assistance
Security and
Act, as amended (42 U.S.C. 5121 et seq.), Act, as amended (42 U.S.C. 5121 et seq.),
Appropriations
outline the federal role in supporting state, local, outline the federal role in supporting state, local,
tribal, triba l,
Appropriations
and territorial governments as and territorial governments as
they respond to and recover from a variety of incidents. They take they respond to and recover from a variety of incidents. They take
effect in the event thateffect in the event that
nonfederal levels of government find their own capacity to deal with an incident is nonfederal levels of government find their own capacity to deal with an incident is
overwhelmed.overwhelmed.
The appropriation which feeds the DRF predates current disaster relief programs and FEMA itself. It dates back to
The appropriation which feeds the DRF predates current disaster relief programs and FEMA itself. It dates back to
a half-million dollar deficiency appropriation to the President in 1948 that allowed him to use these resources to a half-million dollar deficiency appropriation to the President in 1948 that allowed him to use these resources to
provide temporary emergency assistance to communities in the wake of unspecified potential natural disasters. provide temporary emergency assistance to communities in the wake of unspecified potential natural disasters.
Although the appropriation was provided with one particular Upper Midwest flooding incident in mind, the Although the appropriation was provided with one particular Upper Midwest flooding incident in mind, the
legislative language allowed the funding to be used more broadly if the President wished to do so. This policy of legislative language allowed the funding to be used more broadly if the President wished to do so. This policy of
providing general disaster relief was a shift from previous policy, which largely left emergency management, providing general disaster relief was a shift from previous policy, which largely left emergency management,
disaster relief, and disaster recovery to other levels of government and private relief organizations. Prior to the disaster relief, and disaster recovery to other levels of government and private relief organizations. Prior to the
development of the general relief program, when the federal government involved itself in disaster response and development of the general relief program, when the federal government involved itself in disaster response and
recovery, it was on an ad hoc, case-by-case basis. In the early 21st century, emergency management has its own recovery, it was on an ad hoc, case-by-case basis. In the early 21st century, emergency management has its own
federal agency. federal agency.
The evolving federal role in disaster relief is partially illuminated by the robust funding stream provided for it
The evolving federal role in disaster relief is partially illuminated by the robust funding stream provided for it
through the DRF. At the end of through the DRF. At the end of
FY2019FY2021, the DRF carried over a balance of , the DRF carried over a balance of
more than $29almost $36 billion, after obligating more than $55 billion in a single fiscal year billion, and Congress was considering the largest annual appropriation for disaster relief for the third year in a row. However, what is a . However, what is a
fixture of federal policy today was not a given a century ago. Examining the history of the DRF and the programs fixture of federal policy today was not a given a century ago. Examining the history of the DRF and the programs
it supports may help Congress consider future approaches to disaster relief. it supports may help Congress consider future approaches to disaster relief.
This report introduces the DRF and provides a brief history of federal disaster relief programs. It goes on to
This report introduces the DRF and provides a brief history of federal disaster relief programs. It goes on to
discuss the appropriations that fund the DRF, and provides a funding history from FY1964discuss the appropriations that fund the DRF, and provides a funding history from FY1964
to the present day, to the present day,
discussing factors that contributed to those changing appropriations levels. It concludes with discussion of how discussing factors that contributed to those changing appropriations levels. It concludes with discussion of how
the budget request for the DRF has been developed and structured, given the unpredictability of the annual the budget request for the DRF has been developed and structured, given the unpredictability of the annual
budgetary impact of disasters, and raises some potential issues for congressional consideration. budgetary impact of disasters, and raises some potential issues for congressional consideration.
This report is updated on an annual basis.
This report is updated on an annual basis.
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2731 The Disaster Relief Fund: Overview and Issues
Contents
Introduction ..................................................................................................................................... 1
What is the Disaster Relief Fund and how is it used? ............................................................... 1
What determines whether an incident qualifies as an emergency or disaster? ................... 1
Does all federallyal federal y funded disaster relief come from the DRF? ................................................. 2
What federal government activities are funded under the DRF? ........................................ 2
Under what statute is the Disaster Relief Fund authorized? ..................................................... 3 4
Where are appropriations for the Disaster Relief Fund provided? ............................................ 4
Are specific Disaster Relief Fund appropriations for specific disasters? ........................... 4
How is the DRF being spent today? ................................................................................... 4 5
How is the DRF being used to respond to COVID-19? ...................................................... 5
Historical Context for Federal Disaster Relief Funding .................................................................. 6 8
1789-1947: Case by Case, After the Fact .................................................................................. 6 8
1947-1950: General Disaster Relief Funding from the Federal Government Begins ............... 8 10
1950-1966: The Disaster Relief Act of 1950—General Relief and Specific Relief .................. 9 11
1966-1974: The Disaster Relief Act of 1966—General Relief Broadens ............................... 10 12
1974-Present: The Era of FederallyFederal y Coordinated Emergency Management ............................ 11 13
Pandemic COVID-19 and the Stafford Act ....................................................................... 12 14
Appropriations for General Disaster Relief ................................................................................... 14 16
Types of Appropriations for Disaster Relief........... ................................................................. 1416
Supplemental Appropriations for Disaster Relief ..... ........................................................ 14
Annual Appropriations .......... 16
Annual Appropriations ............................................................................................ 15
Continuing Appropriations .......... 17 Continuing Appropriations...................................................................................... 16 18
DRF Funding History: FY1964-FY2020 ..........FY2021 ...................................................................... 17 19
Factors in Changing Appropriations Levels ............................................................................ 20 23
Incident Frequency and Severity ...................................................................................... 20
23
Programmatic Changes in Disaster Relief ........................................................................ 23 27
Changes in the Budget Process ......................................................................................... 24 28
Budgeting Practices for Disaster Relief ........................................................................................ 27 30
Management of Disaster Relief Funds .................................................................................... 27 30
1978: The Creation of the Federal Emergency Management Agency .............................. 27 31
Calculation of the Annual Appropriations Request ........................................................... 27 31
Emergency Contingency Funding and Reserve Funds ..................................................... 30 35
Rescissions and the DRF .................................................................................................. 31 36
Issues for Congress ........................................................................................................................ 32 37
Should the purpose of the DRF be rescoped? ......................................................................... 33 37
How much is enough to have on hand? ................................................................................... 34 38
What accommodations should be made in the federal budget for disaster relief? .................. 34 39
Figures
Figure 1. Nominal Dollar Disaster Relief Appropriations, FY1964-FY2020 COVID-19 DRF Obligations by Program and Fiscal Quarter .................................. 18.. 7
Figure 2. FY2020Nominal Dollar Disaster Relief Appropriations, FY1964-FY2020FY2021 ........................... 21 Figure 3. FY2021 Dollar Disaster Relief Appropriations, FY1964-FY2021 ............................ 22..... 19
Figure 34. Catastrophic Disaster Costs, DRF Appropriations and Obligations .... .......................... 2327
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4348 The Disaster Relief Fund: Overview and Issues
Figure 45. DRF Annual and Supplemental Appropriations Within and Beyond
Discretionary Spending Limits, FY2004-FY2020 .....FY2021 ................................................................ 26
30
Tables
Table 1. Disaster Declaration Activities and Projected Costs of Catastrophic Disaster
Declarations, FY2004-FY2020 .................................................................................................. 21 24
Table A-1. Nominal Dollar Disaster Relief Appropriations, FY1964-FY2020 .FY2021 ............................ 35 40
Table A-2. FY2020FY2021 Dollar Disaster Relief Appropriations, FY1964-FY2020 ....FY2021 .......................... 37
42
Appendixes
Appendix. General Disaster Relief Appropriations, FY1964-FY2020 ..FY2021 ....................................... 35 40
Contacts
Author Information ........................................................................................................................ 39 44
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The Disaster Relief Fund: Overview and Issues
Introduction
The Disaster Relief Fund (DRF) is one of the most-tracked single accounts funded by Congress The Disaster Relief Fund (DRF) is one of the most-tracked single accounts funded by Congress
each year. Managed by the Federal Emergency Management Agency (FEMA), it is the primary each year. Managed by the Federal Emergency Management Agency (FEMA), it is the primary
source of funding for the federal government’s domestic general disaster relief programs. These source of funding for the federal government’s domestic general disaster relief programs. These
programs, authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, programs, authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended (42 U.S.C. 5121 et seq.), outline the federal role in supporting state, local, tribal, and as amended (42 U.S.C. 5121 et seq.), outline the federal role in supporting state, local, tribal, and
territorial governments as they respond to and recover from a variety of incidents. They take territorial governments as they respond to and recover from a variety of incidents. They take
effect in the event that nonfederal levels of government find their capacities to deal with an effect in the event that nonfederal levels of government find their capacities to deal with an
incident overwhelmed. incident overwhelmed.
Although the concept of general disaster relief provided by the federal government predates both
Although the concept of general disaster relief provided by the federal government predates both
FEMA and the Stafford Act, federal involvement in relief after natural and man-made disasters FEMA and the Stafford Act, federal involvement in relief after natural and man-made disasters
was very rare before the Civil War and was at times considered unconstitutional. Domestic was very rare before the Civil War and was at times considered unconstitutional. Domestic
disaster relief efforts became more common after the Civil War, but were not seen as a necessary disaster relief efforts became more common after the Civil War, but were not seen as a necessary
obligation of the federal government. Standing federal domestic disaster relief programs and a obligation of the federal government. Standing federal domestic disaster relief programs and a
pool of resources to fund them only emerged after the Second World War. Prior to the pool of resources to fund them only emerged after the Second World War. Prior to the
development of these programs, domestic disaster relief and recovery was a matter for private development of these programs, domestic disaster relief and recovery was a matter for private
nongovernmental organizations and state and local governments. nongovernmental organizations and state and local governments.
Once established, the federal role in domestic disaster response and recovery grew, proving
Once established, the federal role in domestic disaster response and recovery grew, proving
politically political y popular and resilient despite periodic concerns about management, execution, and popular and resilient despite periodic concerns about management, execution, and
budgetary impacts. The DRF is the source of funding for most general disaster relief programs, so budgetary impacts. The DRF is the source of funding for most general disaster relief programs, so
it is an indicator of the scope of those programs and the volume of taxpayer-funded aid they it is an indicator of the scope of those programs and the volume of taxpayer-funded aid they
provide. Understanding the trends in the growth of the federal government’s role in general provide. Understanding the trends in the growth of the federal government’s role in general
disaster relief and recovery, and the associated costs of that role, may be useful as Congress disaster relief and recovery, and the associated costs of that role, may be useful as Congress
considers changes in both emergency management and budgetary policies. considers changes in both emergency management and budgetary policies.
This report introduces the DRF and provides a brief history of federal disaster relief programs. It
This report introduces the DRF and provides a brief history of federal disaster relief programs. It
goes on to discuss the appropriations that fund the DRF, and provides a funding history from goes on to discuss the appropriations that fund the DRF, and provides a funding history from
FY1964 to the present day, discussing factors that contributed to those changing appropriations FY1964 to the present day, discussing factors that contributed to those changing appropriations
levels. It concludes with discussion of how the budget request for the DRF has been developed levels. It concludes with discussion of how the budget request for the DRF has been developed
and structured, given the unpredictability of the annual budgetary impact of disasters, and raises and structured, given the unpredictability of the annual budgetary impact of disasters, and raises
some potential issues for congressional consideration. some potential issues for congressional consideration.
What is the Disaster Relief Fund and how is it used?
The DRF is the primary source of funding for the federal government’s general disaster relief The DRF is the primary source of funding for the federal government’s general disaster relief
program—response and recovery activities pursuant to a range of domestic emergencies and program—response and recovery activities pursuant to a range of domestic emergencies and
disasters defined in law—as opposed to specific relief and recovery initiatives that may be disasters defined in law—as opposed to specific relief and recovery initiatives that may be
enacted for individual incidents.1enacted for individual incidents.1
What determines whether an incident qualifies as an emergency or disaster?
Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as
Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as
amended; hereinafter “the Stafford Act”), the President can declare that an emergency exists or a amended; hereinafter “the Stafford Act”), the President can declare that an emergency exists or a
1 Occasional transfers from the DRF have been used1 Occasional transfers from the DRF have been used
to pay for specific Stafford Act programs (the Disaster Assistance to pay for specific Stafford Act programs (the Disaster Assistance
Direct Loan Program) or Inspector General oversight activities, and CRSDirect Loan Program) or Inspector General oversight activities, and CRS
has identified two instances where has identified two instances where
appropriations provided to the DRF wereappropriations provided to the DRF were
made for specific incidents (the 9/11 attack on New York City) or programs made for specific incidents (the 9/11 attack on New York City) or programs
(Other Needs Assistance for COVID-19 pandemic-related funeral expenses). (Other Needs Assistance for COVID-19 pandemic-related funeral expenses).
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major disaster is occurring.2 These declarations make state, tribal, territorial, and local
major disaster is occurring.2 These declarations make state, tribal, territorial, and local
governments3 eligible for a variety of assistance programs, many of which are funded from the governments3 eligible for a variety of assistance programs, many of which are funded from the
DRF.4 Declarations DRF.4 Declarations
usuallyusual y are made at the request of a state, tribal, or territorial government. are made at the request of a state, tribal, or territorial government.
Does all federally funded disaster relief come from the DRF?
While the DRF funds Stafford Act disaster relief and recovery programs, several other federal While the DRF funds Stafford Act disaster relief and recovery programs, several other federal
departments and agencies have significant roles in disaster preparedness, relief, recovery, and departments and agencies have significant roles in disaster preparedness, relief, recovery, and
mitigation. These include the Department of Housing and Urban Development, the mitigation. These include the Department of Housing and Urban Development, the
Small Smal
Business Administration, U.S. Department of Agriculture, U.S. Army Corps of Engineers, and the Business Administration, U.S. Department of Agriculture, U.S. Army Corps of Engineers, and the
Department of Health and Human Services. While FEMA may fund some of their activities out of Department of Health and Human Services. While FEMA may fund some of their activities out of
the DRF through mission assignments,5 their broader disaster-related programs are funded the DRF through mission assignments,5 their broader disaster-related programs are funded
through separate appropriations.6 through separate appropriations.6
What federal government activities are funded under the DRF?
Currently, the Federal Emergency Management Agency (FEMA) coordinates federal disaster
Currently, the Federal Emergency Management Agency (FEMA) coordinates federal disaster
response and recovery efforts. As such, it manages the DRF, which funds activities in five response and recovery efforts. As such, it manages the DRF, which funds activities in five
categories: categories:
1.
1.
Activity pursuant to a major disaster declaration—This activity represents the This activity represents the
vast majority of spending from the DRF. FEMA’s primary “Direct Disaster
vast majority of spending from the DRF. FEMA’s primary “Direct Disaster
Programs” are the Individual Assistance (IA),7 Public Assistance (PA),8 and the Programs” are the Individual Assistance (IA),7 Public Assistance (PA),8 and the
Hazard MitigationHazard Mitigation
Grant Program (HMGP) programs.9 Federal assistance Grant Program (HMGP) programs.9 Federal assistance
provided by other federal agencies at FEMA’s direction through “mission provided by other federal agencies at FEMA’s direction through “mission
assignments” is also paid for from the DRF.10assignments” is also paid for from the DRF.10
2. Predeclaration surge activities—These are activities undertaken prior to an
emergency or major disaster declaration to prepare for response and recovery, such as deploying response teams or prepositioning equipment.
2 Or has occurred—declarations are specific by time and place. 2 Or has occurred—declarations are specific by time and place.
3 As well3 As well
as certain private nonprofit organizations as stipulated in the Stafford Act. as certain private nonprofit organizations as stipulated in the Stafford Act.
4 For more information, see CRS4 For more information, see CRS
Report R43784, Report R43784,
FEMA’s Disaster Declaration Process: A Primer, by Bruce, by Bruce
R. R.
Lindsay. Lindsay.
5 Mission assignments are directives from FEMA to other federal agencies to perform specific work in response to a
5 Mission assignments are directives from FEMA to other federal agencies to perform specific work in response to a
Stafford Act emergency or disaster declaration. Stafford Act emergency or disaster declaration.
TheT he federal agency can seek reimbursement from FEMA for the costs federal agency can seek reimbursement from FEMA for the costs
incurred. For information on how FEMA manages these activities, see https://www.fema.gov/federal-agencies/mission-incurred. For information on how FEMA manages these activities, see https://www.fema.gov/federal-agencies/mission-
assignments. assignments.
6 For information on the breadth of federal disaster relief, see CRS6 For information on the breadth of federal disaster relief, see CRS
Report R41981, Report R41981,
Congressional Primer on
Responding to and Recovering from Major Disasters and Emergencies and Em ergencies, by Bruce, by Bruce
R. Lindsay and Elizabeth M. R. Lindsay and Elizabeth M.
Webster; and U.S.Webster; and U.S.
Government Accountability Office, Federal Disaster Assistance: Federal Departments and Agencies Government Accountability Office, Federal Disaster Assistance: Federal Departments and Agencies
ObligatedObligated
at Least $277.6 Billion duringat Least $277.6 Billion during
Fiscal Fiscal Years 2005 through 2014, GAO-16-797, September 22, 2016, Years 2005 through 2014, GAO-16-797, September 22, 2016,
https://www.gao.gov/products/GAO-16-797. https://www.gao.gov/products/GAO-16-797.
7 For more information, see CRS
7 For more information, see CRS
Report Report
R45085R46014, ,
FEMA Individual Assistance Programs: In Brief, by Shawn Reese. An Overview, by Elizabeth M. Webster 8 For more information, see CRS8 For more information, see CRS
Report Report
R43990R46749, ,
FEMA’s Public Assistance Grant Program: BackgroundA Primer and
Considerations for Congress, by Erica A. Lee
9 For more information, see CRS Insight IN11187, Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance, by Diane P. Horn for Congress, by Jared T. Brown and Daniel J. Richardson.
9 For more information, see CRS Report R40471, FEMA’s Hazard Mitigation Grant Program: Overview and Issues, by Natalie Keegan.
10 Department of Homeland Security,
10 Department of Homeland Security,
Disaster Relief Fund, Fiscal Year 2019 Congressional Budget Justification , ,
FederalFederal
Emergency Management Agency, Washington, DC, February 2018, p. FEMAEmergency Management Agency, Washington, DC, February 2018, p. FEMA
-DRF-23, https://www.dhs.gov/-DRF-23, https://www.dhs.gov/
sites/default/files/publications/Federal%20Emergency%20Management%20Agency.pdfsites/default/files/publications/Federal%20Emergency%20Management%20Agency.pdf
. .
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The Disaster Relief Fund: Overview and Issues
2. Predeclaration surge activities—These are activities undertaken prior to an
emergency or major disaster declaration to prepare for response and recovery, such as deploying response teams or prepositioning equipment.
3. 3.
Activity pursuant to an emergency declaration—This is federal assistance to —This is federal assistance to
supplement state and local efforts in providing emergency services in any part of
supplement state and local efforts in providing emergency services in any part of
the United States. the United States.
4.
4.
Fire Management Assistance Grants (FMAGs) for large wildfires—This is —This is
assistance for the mitigation, management, and control of any fires on public or
assistance for the mitigation, management, and control of any fires on public or
private lands that could, if unchecked, worsen and result in a major disaster private lands that could, if unchecked, worsen and result in a major disaster
declaration.11declaration.11
5.
5.
Disaster Readiness and Support (DRS) activities—These are ongoing, non-—These are ongoing, non-
incident-specific activities that
incident-specific activities that
allowal ow FEMA to provide timely disaster response, FEMA to provide timely disaster response,
operate its programs responsively and effectively, and provide oversight of its operate its programs responsively and effectively, and provide oversight of its
emergency and disaster programs. emergency and disaster programs.
The role of the federal government has evolved over the years, as described in the sections below,
The role of the federal government has evolved over the years, as described in the sections below,
but emergency response and disaster relief has but emergency response and disaster relief has
historicallyhistorical y been a federalized been a federalized
“bottom-up” “bottom-up”
operation, starting from the local or tribal governments affected, backed up by the state or operation, starting from the local or tribal governments affected, backed up by the state or
territorial government,12 and then turning to the federal government if their capacity is territorial government,12 and then turning to the federal government if their capacity is
overwhelmed. The broadening of the federal role has been a factor in which activities are funded overwhelmed. The broadening of the federal role has been a factor in which activities are funded
under the DRF. under the DRF.
DRF Activities and Statutory Budget Controls
Implementation of budget controls in 2011 led to changes in the way DRF appropriations were
Implementation of budget controls in 2011 led to changes in the way DRF appropriations were
structured to structured to
support Stafford Act activities.support Stafford Act activities.
Since FY2012, the first fiscal year of statutory limitsSince FY2012, the first fiscal year of statutory limits
on discretionaryon discretionary
spending spending
under the Budget Control Act (BCA), a distinction has been made between budget authority for the activities under the Budget Control Act (BCA), a distinction has been made between budget authority for the activities
pursuant to a specific majorpursuant to a specific major
disaster declaration—the first of the activities listeddisaster declaration—the first of the activities listed
above—and budget authority for above—and budget authority for
other activities. The formerother activities. The former
now often carriesnow often carries
a special “disastera special “disaster
relief” designation, defining it as being provided relief” designation, defining it as being provided
pursuant to a majorpursuant to a major
disaster declaration under the Stafford Act, and includes language triggering an adjustment in disaster declaration under the Stafford Act, and includes language triggering an adjustment in
discretionarydiscretionary
spending limitsspending limits
to accommodate it. Budget authority for the other four activities,to accommodate it. Budget authority for the other four activities,
covering other covering other
Stafford Act functions not linkedStafford Act functions not linked
to response and recoveryto response and recovery
from a specific majorfrom a specific major
disaster,disaster,
is derived from the is derived from the
undesignated portion, referredundesignated portion, referred
to as the “base.” This remainingto as the “base.” This remaining
budget authority is counted against discretionary budget authority is counted against discretionary
spending limits.spending limits.
There is no direct limit in the plain language of the appropriation that would restrict “base” funds fromThere is no direct limit in the plain language of the appropriation that would restrict “base” funds from
being used being used
for major disasters.for major disasters.
However,However,
under concepts of appropriations law intended to prevent the executive branch under concepts of appropriations law intended to prevent the executive branch
from improperlyfrom improperly
augmenting funding for specific activities beyond Congress’saugmenting funding for specific activities beyond Congress’s
intention, the designation of part of intention, the designation of part of
the DRF as for the costs of majorthe DRF as for the costs of major
disasters disasters can be interpreted as a limitationcan be interpreted as a limitation
that prevents the rest of the DRF that prevents the rest of the DRF
from being used for that purpose.from being used for that purpose.
During the responseDuring the response
to Hurricane Harvey in 2017, funds wereto Hurricane Harvey in 2017, funds were
reprogrammed reprogrammed
from the base to cover the costs of majorfrom the base to cover the costs of major
disaster response,disaster response,
then replenished afterwards. then replenished afterwards.
TheAlthough the statutory discretionary statutory discretionary
budget limitsbudget limits
laid out in the BCA and the disaster relieflaid out in the BCA and the disaster relief
adjustment mechanisms expired after FY2021, a similar adjustment was included in the FY2022 budget resolution to provide flexibility within the congressional budget process, and the proposed structure of the FY2022 DRF appropriation maintained the structure of the BCA years.
11 For more information, see CRS adjustment mechanisms wil expire after FY2021 under current law.
Under what statute is the Disaster Relief Fund authorized?
The DRF is not separately authorized as a distinct entity, but the activities it funds are authorized under the Stafford Act (42 U.S.C. 5121 et seq.).
11 For more information, see CRS Report R43738, Report R43738,
Fire Management Assistance Grants: Frequently Asked Questions, ,
by Bruceby Bruce
R. Lindsay and Katie Hoover. R. Lindsay and Katie Hoover.
12 Tribal12 T ribal governments currently may seek help directly from FEMA if their capacity to respond to an incident is governments currently may seek help directly from FEMA if their capacity to respond to an incident is
overwhelmed, as a result of changes to the Stafford Act made by Section 1110 of the Sandy overwhelmed, as a result of changes to the Stafford Act made by Section 1110 of the Sandy
RecoveryReco very Improvement Improvement
Act of 2013 (P.L. 113-2, Division B). Act of 2013 (P.L. 113-2, Division B).
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2326 The Disaster Relief Fund: Overview and Issues
Under what statute is the Disaster Relief Fund authorized? The DRF is not separately authorized as a distinct entity, but the activities it funds are authorized
under the Stafford Act (42 U.S.C. 5121 et seq.).
Where are appropriations for the Disaster Relief Fund provided?
Since FY1980—FEMA’s first annual appropriation—the DRF has been funded through its own Since FY1980—FEMA’s first annual appropriation—the DRF has been funded through its own
appropriation within FEMA’s budget, first under the heading “Disaster Relief,” and then appropriation within FEMA’s budget, first under the heading “Disaster Relief,” and then
“Disaster Relief Fund” starting in FY2012. FEMA’s annual appropriations were first provided “Disaster Relief Fund” starting in FY2012. FEMA’s annual appropriations were first provided
through the VA, HUD, and Independent Agencies Appropriations Act, but have been included in through the VA, HUD, and Independent Agencies Appropriations Act, but have been included in
the Department of Homeland Security Appropriations act since FY2004. Since the first “Disaster the Department of Homeland Security Appropriations act since FY2004. Since the first “Disaster
Relief” appropriation for FY1948, most of the DRF’s appropriations have been provided through Relief” appropriation for FY1948, most of the DRF’s appropriations have been provided through
supplemental appropriations. supplemental appropriations.
SeeSee Figure 1 and2 and Figure 2 3 for details. for details.
Are specific Disaster Relief Fund appropriations for specific disasters?
DRF appropriations have
DRF appropriations have
historicallyhistorical y been provided for general disaster relief, rather than specific been provided for general disaster relief, rather than specific
presidentially
presidential y declared disasters or emergencies. declared disasters or emergencies.
The most recent iterations of the appropriations
The most recent iterations of the appropriations
bill bil text indicate the funds are provided for the text indicate the funds are provided for the
“necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency “necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency
Assistance Act,” thus covering Assistance Act,” thus covering
all al past and future disaster and emergency declarations.13 Previous past and future disaster and emergency declarations.13 Previous
versions of the appropriations language going back to 1950 also referenced the legislation versions of the appropriations language going back to 1950 also referenced the legislation
authorizing general disaster relief rather than targeting specific disasters. On a number of authorizing general disaster relief rather than targeting specific disasters. On a number of
occasions, specific disasters have been mentioned in the appropriation, but funding was not occasions, specific disasters have been mentioned in the appropriation, but funding was not
specifically
specifical y directed to one disaster over others. directed to one disaster over others.
While many disaster supplemental appropriations
While many disaster supplemental appropriations
billsbil s are associated with a specific incident or are associated with a specific incident or
incidents—such as P.L. 113-2, “the Sandy Supplemental”—the language in that act does not limit incidents—such as P.L. 113-2, “the Sandy Supplemental”—the language in that act does not limit
the use of the disaster relief appropriation to that specific incident.14 the use of the disaster relief appropriation to that specific incident.14
CRS has identified two exceptions to this practice: CRS has identified two exceptions to this practice:
P.L. 107-117 and P.L. 107-206 provided a total of $8.04
P.L. 107-117 and P.L. 107-206 provided a total of $8.04
billionbil ion in resources to the in resources to the
Disaster Relief Fund,
Disaster Relief Fund,
specificallyspecifical y for expenses “to respond to the September 11, for expenses “to respond to the September 11,
2001, terrorist attacks on the United States.”15 2001, terrorist attacks on the United States.”15
P.L. 116-260, Division M (the Coronavirus Response and Relief Supplemental
P.L. 116-260, Division M (the Coronavirus Response and Relief Supplemental
Appropriations Act, 2021), included a $2
Appropriations Act, 2021), included a $2
billion bil ion supplemental appropriation for supplemental appropriation for
the DRF and the DRF and
specificallyspecifical y provided for COVID-19 disaster-related funeral expenses.
13 P.L. 115-141, Div. F. 14 See, for this specific example, 127 Stat. 28. 15 $4,356,871,000 in P.L. 107-117 (115 Stat. 2338) from a prior appropriation, as well as $1,030,000,000 transferred from the T SA (116 Stat. 879) and $2,650,700,000 in a supplemental appropriation (116 Stat. 894) in P.L. 107-206.
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provided for COVID-19 disaster-related funeral expenses.
How is the DRF being spent today?
Since the enactment of P.L. 112-74, Congress has received regular reporting on spending from the
Since the enactment of P.L. 112-74, Congress has received regular reporting on spending from the
DRF. Monthly reports on such spending since March 2013 are available on FEMA’s website.16 DRF. Monthly reports on such spending since March 2013 are available on FEMA’s website.16
Currently, the reports include information on DRF balances, actual and projected obligations from Currently, the reports include information on DRF balances, actual and projected obligations from
the DRF for large-scale disasters broken down by disaster declaration, and obligations and the DRF for large-scale disasters broken down by disaster declaration, and obligations and
expenditures aggregated by incident. These reports also include estimates of the DRF balance expenditures aggregated by incident. These reports also include estimates of the DRF balance
through the end of the current fiscal year.
CRS analysis of FEMA-reported data indicates that from FY2010 to FY201917through the end of the current fiscal year.
13 P.L. 115-141, Div. F. 14 See, for this specific example, 127 Stat. 28. 15 $4,356,871,000 in P.L. 107-117 (115 Stat. 2338) from a prior appropriation, as well as $1,030,000,000 transferred from the TSA (116 Stat. 879) and $2,650,700,000 in a supplemental appropriation (116 Stat. 894) in P.L. 117-206.
16 These monthly reports are available at https://www.fema.gov/media-library/assets/documents/31789.
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CRS analysis of FEMA-reported data indicates that from FY2010 to FY2019:17
55% of DRF obligations were for Public Assistance programs under the Stafford
55% of DRF obligations were for Public Assistance programs under the Stafford
Act; Act;
15% was for Individual Assistance, including disaster housing; 15% was for Individual Assistance, including disaster housing;
7% went to Mitigation; 7% went to Mitigation;
7% went to Operations; and 7% went to Operations; and
16% went to Administration. 16% went to Administration.
How is the DRF being used to respond to COVID-19?
With the COVID-19 response, major disaster assistance programs under the Stafford Act authorities are being used for the first time to respond to an infectious disease outbreak.18 Major disaster declarations under the Stafford Act for the COVID-19 pandemic were the first issued for an infectious disease incident, and led to the first uses of the Stafford Act’s major
disaster authorities to use DRF resources in response to and recovery from such an incident.18
On March 13, 2020, President Donald J. Trump made a series of emergency declarations under
On March 13, 2020, President Donald J. Trump made a series of emergency declarations under
Section 501(b) of the Stafford Act in response to the nationwide spread of a novel coronavirus Section 501(b) of the Stafford Act in response to the nationwide spread of a novel coronavirus
disease (COVID-19).19 The declarations authorized assistance to disease (COVID-19).19 The declarations authorized assistance to
all al U.S. states, territories, tribes, U.S. states, territories, tribes,
and the District of Columbia. At the time he announced the declarations, he invited the recipients and the District of Columbia. At the time he announced the declarations, he invited the recipients
of those declarations to request major disaster declarations.20 of those declarations to request major disaster declarations.20
FEMA notes that 50 states, 5 territories, andFifty states, five territories, the
the District of ColumbiaDistrict of Columbia
have all , and three federal y-recognized tribes have al requested and received major requested and received major
disaster disaster
declarations for COVID-19 response.21
Later that month, a supplemental appropriation for the DRF was provided in the CARES Act, P.L. 116-136, Division B, providing $45 billion in emergency-designated supplemental appropriations. As with other DRF appropriations, this funding was not directed specifically to COVID-19 efforts, but for Stafford Act activities generally, including those related to COVID-19.
On August 8, 2020, the Administration announced a “lost wages assistance” program, which would expand and extend unemployment benefits for several weeks. This initiative would use the Other Needs Assistance program under the Individual Assistance programs under the Stafford Act.22 More than $41 billion was obligated for this program in the closing months of FY2020—more than three-quarters of the DRF obligations related to COVID-19 at that point.23
17 Due to the novel demands placed on the DRF by the COVID-19 pandemic response in FY2020, including over $42 billion in obligations under the Individual Assistance program for the Lost Wages initiative, FY2020 is not included in this analysis.
18 Two emergency declarations under the Stafford Act were made in the fall of 2000 for West Nile virus control. However, the difference in scale is significant: for example, New Jersey received $2.36declarations for COVID-19 response.21
16 T hese monthly reports are available at https://www.fema.gov/about/reports-and-data/disaster-relief-fund-monthly-reports.
17 Due to the novel demands placed on the DRF by the COVID-19 pandemic response in FY2020, including historically large obligations in atypical distributions, data from FY2020 going forward are not included in this analysis.
18 Prior to the COVID-19 pandemic, four emergency declarations were made under the Stafford Act for public health incidents. For information on these incidents, see CRS Insight IN11229, Stafford Act Assistance for Public Health Incidents. T he difference in scale between these incidents and the COVID-19 declaration is several orders of magnitude: for example, under one of these emergency declarations, New Jersey received a little over $2 million for West Nile from the million for West Nile from the
DRF in 2000 (according to the Emergency Management Section of the NewDRF in 2000 (according to the Emergency Management Section of the New
Jersey State Police), and $Jersey State Police), and $
1,9782,931 million million
under the COVID-19 disaster declaration from the DRF asunder the COVID-19 disaster declaration from the DRF as
of the end of of the end of
FY2020FY2021 (according to FEMA’s October (according to FEMA’s October
2020 2021 monthly report on the DRF).monthly report on the DRF).
19 While the president made a single announcement, the declarations themselves apply to each individual state, 19 While the president made a single announcement, the declarations themselves apply to each individual state,
territory, or tribe. territory, or tribe.
20 https://www.whitehouse.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford-
20 https://www.whitehouse.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford-
act/ act/
21 https://www.fema.gov/disasters/coronavirus/disaster-declarations, as retrieved
21 https://www.fema.gov/disasters/coronavirus/disaster-declarations, as retrieved
October 15, 2020January 18, 2022. FEMA also notes . FEMA also notes
that 32 tribes are working with FEMA underthat 32 tribes are working with FEMA under
the emergency declarations.
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The Joseph R. Biden Administration has taken a different approach in exercising FEMA’s authorities. Under the Biden Administration, FEMA has provided extensive direct federal assistance to states, particularly in assisting with vaccine administration, and authorized the Public Assistance program to reimburse the costs of safe operations and reopening of eligible facilities22—unlike the Trump Administration, which more narrowly applied Public Assistance to costs directly associated with COVID-19 pandemic response. President Biden also increased the
federal share of costs covered to 100%.23
Figure 1 shows the breakdown of COVID-19 spending by Stafford Act program by fiscal
quarter—the first major disaster declarations were made in the final weeks of the second quarter of FY2020, so the amount shown in the figure represents less than a month’s obligations. The fourth quarter of FY2020 included the six weeks of spending for the Trump Administration’s Lost Wages Assistance initiative, funded through the Individual Assistance program. The second quarter of FY2021 starts with January 2021, which includes the transition to the Biden Administration, so that quarter and those thereafter reflect the Biden Administration’s approach to
using DRF resources to fund Stafford Act COVID-19 pandemic response and recovery.
22 Executive Office of the President, “ Memorandum to Extend Federal Support to Governors’ Use of the National Guard to Respond to COVID-19 and to Increase Reimbursement and Other Assistance Provided to States,” January 21, 2021, 86 Federal Register 7481-7482. the emergency declarations.
22 For more information on the Lost Wages Assistance program, see CRS Insight IN11492, COVID-19: Supplementing
Unemployment Insurance Benefits (Federal Pandemic Unemployment Compensation vs. Lost Wages Assistance), by Katelin P. Isaacs and Julie M. Whittaker.
23 Federal Emergency Management Agency, Disaster Relief Fund: Monthly Report, October 9, 2020, pp. 13, 25,
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As of the end of FY2020, FEMA associated $52.681 billion23 Federal Emergency Management Agency, “Coronavirus (COVID-19) Pandemic: Safe Opening and Operation Work Eligible for Public Assistance (Interim),” FEMA Policy 104-21-0003, Version 2, September 8, 2021, p. 1. Available at https://www.fema.gov/sites/default/files/documents/fema_covid-19-pandemic-safe-opening-operation-work-eligible-public-assistance-interim-policy_2_09082021.pdf.
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Figure 1. COVID-19 DRF Obligations by Program and Fiscal Quarter
Source: CRS analysis of data compiled from FEMA DRF monthly reports, Appendix C. Notes: Amounts shown do not reflect recovery of funding made under that category after the end of the fiscal year in which funds were initial y obligated. Both FY2020 Quarter 3 and FY2021 Quarter 2 show net negative amounts for Administrative costs and Individual Assistance, respectively, due to recovery of funding obligated under that category within the fiscal year.
As of the end of the first quarter of FY2022, FEMA associated $89.296 bil ion in DRF spending
in DRF spending with the COVID-19 with the COVID-19
response.24 Of this amount, $response.24 Of this amount, $
42.143 billion40.969 bil ion was provided through the Individual Assistance was provided through the Individual Assistance
program, the vast majority of which was for the lost wages initiativeprogram, the vast majority of which was for the lost wages initiative
. $6.058 billion; $39.366 bil ion was provided was provided
for Public Assistance programs, which reimburses eligible public and nonprofit entities for the for Public Assistance programs, which reimburses eligible public and nonprofit entities for the
costs of major disaster response and recoverycosts of major disaster response and recovery
,; and another $ and another $
4.319 billion 8.067
bil ion supported operational supported operational
costs, including mission assignments.costs, including mission assignments.
25
24 Ibid., p. 13. 25 Federal Emergency Management Agency, January 2022 Disaster Relief Fund Report, p. 14, https://www.fema.gov/sites/default/files/documents/fema_jan -2022-disaster-relief-fund-report.pdf.
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The Joseph R. Biden Administration has taken a different approach in exercising FEMA’s authorities, and has broadened the reimbursement provided to states for their COVID-19 pandemic response efforts. Data on the resulting DRF obligations in FY2021 will be incorporated in a future update.
Historical Context for Federal Disaster Relief
Funding
Disaster relief has not always been a part of the mission of the federal government. For nearly 80 Disaster relief has not always been a part of the mission of the federal government. For nearly 80
years, federal domestic disaster relief was minimal, extremely narrow in scope, and largely did years, federal domestic disaster relief was minimal, extremely narrow in scope, and largely did
not address humanitarian needs, leaving those to private organizations and local levels of not address humanitarian needs, leaving those to private organizations and local levels of
government. Even as the country emerged from the Civil War with more of a national identity and government. Even as the country emerged from the Civil War with more of a national identity and
a sense that the federal government could act to provide relief in some circumstances, disaster aid a sense that the federal government could act to provide relief in some circumstances, disaster aid
remained limited, responding only after the fact on a case-by-case basis. Only after World War II remained limited, responding only after the fact on a case-by-case basis. Only after World War II
did the concept emerge of a federal role in responding to disasters. This new role was more did the concept emerge of a federal role in responding to disasters. This new role was more
broadly defined, led by the President and funded in advance, as opposed to case-by-case broadly defined, led by the President and funded in advance, as opposed to case-by-case
responses to needs in the wake of the most severe events led by ad hoc congressional action. Over responses to needs in the wake of the most severe events led by ad hoc congressional action. Over
the ensuing years, the general disaster relief program and its funding grew, expanding concepts of the ensuing years, the general disaster relief program and its funding grew, expanding concepts of
assistance once reserved for catastrophic events to address more common natural disasters. In the assistance once reserved for catastrophic events to address more common natural disasters. In the
1970s, the Federal Emergency Management Agency (FEMA) was established, institutionalizing 1970s, the Federal Emergency Management Agency (FEMA) was established, institutionalizing
the federal role in disaster response, recovery, mitigation, and preparedness—the role we the federal role in disaster response, recovery, mitigation, and preparedness—the role we
recognize today. At the heart of that role is the set of relief programs that have evolved since the recognize today. At the heart of that role is the set of relief programs that have evolved since the
1940s, known collectively as the Stafford Act, which are funded by the Disaster Relief Fund 1940s, known collectively as the Stafford Act, which are funded by the Disaster Relief Fund
appropriation. appropriation.
1789-1947: Case by Case, After the Fact
The Constitution provides littleThe Constitution provides little
specific direction on the question of how the United States should specific direction on the question of how the United States should
confront disasters. While confront disasters. While
allusionsal usions to the intent of the Constitution speak to promoting domestic to the intent of the Constitution speak to promoting domestic
tranquility and the general welfare, limitations on the federal role in state affairs combined with tranquility and the general welfare, limitations on the federal role in state affairs combined with
the balance of national priorities and federal resources constrained federal involvement in disaster the balance of national priorities and federal resources constrained federal involvement in disaster
relief and recovery in the early years of the country. relief and recovery in the early years of the country.
The federal government did provide disaster relief on some occasions. Some observers note at
The federal government did provide disaster relief on some occasions. Some observers note at
least 128 instances from 1803 to 1947 when natural disasters prompted the federal government to least 128 instances from 1803 to 1947 when natural disasters prompted the federal government to
provide some type of ad hoc relief on a case-by-case basis for specific incidents after they provide some type of ad hoc relief on a case-by-case basis for specific incidents after they
occurred.occurred.
2526 Prior to the Civil War, these measures largely consisted of refunds of duties paid on Prior to the Civil War, these measures largely consisted of refunds of duties paid on
https://www.fema.gov/about/reports-and-data/disaster-relief-fund-monthly-reports.
24 Ibid., p. 13. 25 Moss, David A., “Courting Disaster: The Transformationgoods destroyed in customs house fires, al owances for delayed payments of bonds, and land
grants for resettlement.27
Proponents of disaster relief argued that the “general welfare” clause of the Constitution warranted the federal role in disaster relief.28 Opponents did not find this justification convincing,
as it was nonspecific,29 and argued that certain natural disasters (such as flooding of the Mississippi River) were foreseeable, and therefore state and local governments had an obligation
26 Moss, David A., “Courting Disaster: T he T ransformation of Federal Disaster Policy Since 1803.” In of Federal Disaster Policy Since 1803.” In
The Financing
of Catastrophe Risk, edited by Kenneth A. Froot, Chicago: University of Chicago Press, 1999, p. 312., edited by Kenneth A. Froot, Chicago: University of Chicago Press, 1999, p. 312.
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goods destroyed in customs house fires, allowances for delayed payments of bonds, and land grants for resettlement.26
Proponents of disaster relief argued that the “general welfare” clause of the Constitution warranted the federal role in disaster relief.27 Opponents did not find this justification convincing, as it was nonspecific,28 and argued that certain natural disasters (such as flooding of the Mississippi River) were foreseeable, and therefore state and local governments had an obligation to be prepared.29 27 A survey of customs duty relief and delayed payments on bonds can be found in the remarks of Rep. C. Johnson, “New York Fire,” Congressional Globe 24, p. 136 (February 17, 1836). 28 Rep. Carleton Hunt, “Relief of Sufferers by Flood,” House debate, Congressional Record, vol. 15, part 3 (March 26, 1884), p. 2295.
29 Rep. Charles Napoleon Brumm, “Relief of Sufferers by Flood,” House debate, Congressional Record, vol. 15, part 3 (March 26, 1884), p. 2296.
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to be prepared.30 They also contended that it was improper for the government to provide relief They also contended that it was improper for the government to provide relief
for specific places with money it collected for the common good;for specific places with money it collected for the common good;
3031 and that the federal and that the federal
government could not afford to provide universal relief. As the U.S. economy became more government could not afford to provide universal relief. As the U.S. economy became more
robust, federal revenues grew, weakening the position of those in Congress who opposed a federal robust, federal revenues grew, weakening the position of those in Congress who opposed a federal
role in disaster assistance on the basis of the lack of such resources. role in disaster assistance on the basis of the lack of such resources.
Congressional
Congressional
willingnesswil ingness to provide assistance was not always sufficient to ensure its provision, to provide assistance was not always sufficient to ensure its provision,
however. In 1887, President Grover Cleveland vetoed a however. In 1887, President Grover Cleveland vetoed a
bill bil that would have provided $10,000 to that would have provided $10,000 to
pay for seeds for farmers in Texas after a drought, arguing as follows: pay for seeds for farmers in Texas after a drought, arguing as follows:
I can find no warrant for such an appropriation in the Constitution; and I do not believe
I can find no warrant for such an appropriation in the Constitution; and I do not believe
that the power and duty of the General Government ought to be extended to the relief of that the power and duty of the General Government ought to be extended to the relief of
individual suffering which is in no manner properly related to the public service or benefit. individual suffering which is in no manner properly related to the public service or benefit.
AA
prevalent tendency to disregard the limited mission of this power and duty should, prevalent tendency to disregard the limited mission of this power and duty should, I I
think, be steadfastly resisted, to the end that the lesson should be constantly enforced that think, be steadfastly resisted, to the end that the lesson should be constantly enforced that
though the people support the Government, the Government should not support the people. though the people support the Government, the Government should not support the people.
The friendliness and charity of our countrymen can always be relied upon to relieve their
The friendliness and charity of our countrymen can always be relied upon to relieve their
fellow-citizensfellow-citizens
in misfortune. This has been repeatedly and quite lately demonstrated. Federal aid in such cases encourages the expectation of paternal care on the part of the Government and weakens the sturdiness of our national character, while it prevents in misfortune. This has been repeatedly and quite lately demonstrated. Federal aid in such cases encourages the expectation of paternal care on the part of the Government and weakens the sturdiness of our national character, while it prevents the the
indulgence among our people of that kindly sentiment and conduct which strengthens the indulgence among our people of that kindly sentiment and conduct which strengthens the
bonds of a common brotherhood.bonds of a common brotherhood.
3132
Much of the disaster relief provided in this period was nongovernmental in nature. In 1881, Clara
Much of the disaster relief provided in this period was nongovernmental in nature. In 1881, Clara
Barton founded the American National Red Cross (ANRC),Barton founded the American National Red Cross (ANRC),
3233 which provided disaster aid from which provided disaster aid from
funds it raised from private sources. One year before a catastrophic earthquake struck San funds it raised from private sources. One year before a catastrophic earthquake struck San
Francisco in 1906, the incorporating legislation for the ANRC was revised to task the Francisco in 1906, the incorporating legislation for the ANRC was revised to task the
organization with “mitigating the sufferings caused by pestilence, famine, fire, floods, and other organization with “mitigating the sufferings caused by pestilence, famine, fire, floods, and other
great national calamities, and to devise and carry on measures for preventing the same.”great national calamities, and to devise and carry on measures for preventing the same.”
33 In the
26 A survey of customs duty relief and delayed payments on bonds can be found in the remarks of Rep. C. Johnson, “New York Fire,” Congressional Globe 24, p. 136 (February 17, 1836). 27 Rep. Carleton Hunt, “Relief of Sufferers by Flood,” House debate, Congressional Record, vol. 15, part 3 (March 26, 1884), p. 2295.
28 Rep. Charles Napoleon Brumm, “Relief of Sufferers by Flood,” House debate, Congressional Record, vol. 15, part 3 (March 26, 1884), p. 2296.
29 Rep. William Whitney Rice, “Relief of Sufferers by Flood,” House debate, Congressional Record, vol. 15, part 3 (March 26, 1884), p. 2293.
30 Rep. Lewis Beach, “Relief of Sufferers by Flood,” House debate, Congressional Record, vol. 15, part 3 (March 26, 1884), p. 2295.
31 House bill 10203, 50th Congress. Richardson, James D. (compiler), Compilation of the Messages and Papers of the
Presidents (1897), Volume 11, page 5142.
32 This is the formal legal name of the organization commonly referred to as the American Red Cross. 33 P.L. 58-4, 23 Stat. 600.
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days after the earthquake, President Theodore Roosevelt issued an appeal for assistance from the public for the ANRC’s relief efforts:
In the face of so horrible and appalling a national calamity as that which has befallen San Francisco, the outpouring of the nation’s aid should, as far as possible, be entrusted to the American Red Cross, the national organization best fitted to undertake such relief work.... In order that this work may be well systematized and in order that the contributions, which I am sure will flow in with lavish generosity, may be wisely administered, I appeal to the people of the United States, to all cities, chambers of commerce, boards of trade, relief committees and individuals to express their sympathy and render their aid by contributions to the American Red Cross.3434 In the
days after the earthquake, President Theodore Roosevelt issued an appeal for assistance from the
public for the ANRC’s relief efforts:
In the face of so horrible and appalling a national calamity as that which has befallen San
Francisco, the outpouring of the nation’s aid should, as far as possible, be entrusted to the American Red Cross, the national organization best fitted to undertake such relief work.... In order that this work may be well systematized and in order that the contributions, which I am sure will flow in with lavish generosity, may be wisely administered, I appeal to the people of the United States, to all cities, chambers of commerce, boards of trade, relief committees and individuals to express their sympathy and render their aid by contributions to the American Red Cross.35
30 Rep. William Whitney Rice, “Relief of Sufferers by Flood,” House debate, Congressional Record, vol. 15, part 3 (March 26, 1884), p. 2293.
31 Rep. Lewis Beach, “Relief of Sufferers by Flood,” House debate, Congressional Record, vol. 15, part 3 (March 26, 1884), p. 2295.
32 House bill 10203, 50th Congress. Richardson, James D. (compiler), Compilation of the Messages and Papers of the Presidents (1897), Volume 11, page 5142. 33 T his is the formal legal name of the organization commonly referred to as the American Red Cross. 34 P.L. 58-4, 23 Stat. 600. 35 Red Cross Flyer, Library of Congress Manuscript Division, made available through the T heodore Roosevelt Digital Library (www.theordorerooseveltcenter.org) at http://www.theodoreroosevelt.org/Research/Digital-Library/Record?libID=o529079.
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While the federal government provided ad hoc response and recovery assistance to San Francisco,
While the federal government provided ad hoc response and recovery assistance to San Francisco,
the majority of the aid was provided through private means. Congress appropriated $2.5 the majority of the aid was provided through private means. Congress appropriated $2.5
millionmil ion in the days after the quake to the Secretary of War to provide “subsistence and quartermaster’s in the days after the quake to the Secretary of War to provide “subsistence and quartermaster’s
supplies ... to such destitute persons as have been rendered homeless or are in needy supplies ... to such destitute persons as have been rendered homeless or are in needy
circumstances as a result of the earthquake and commissary stores to such injured and destitute circumstances as a result of the earthquake and commissary stores to such injured and destitute
persons as may require assistance,”persons as may require assistance,”
3536 but nonfederal cash contributions to the ANRC and the local but nonfederal cash contributions to the ANRC and the local
relief organizations exceeded $9 relief organizations exceeded $9
million mil ion in the two years following the disaster.in the two years following the disaster.
36 37
The ANRC served as the major institutional source of relief for disaster victims in the United
The ANRC served as the major institutional source of relief for disaster victims in the United
States, serving communities and individuals in cooperation with state and local governments with States, serving communities and individuals in cooperation with state and local governments with
relatively littlerelatively little
direct contribution from the federal government for many years. The Red Cross direct contribution from the federal government for many years. The Red Cross
continued to play a leading role in nongovernmental disaster relief as the federal government’s continued to play a leading role in nongovernmental disaster relief as the federal government’s
role in disaster aid evolved and expanded through the 20th century and into the 21st. role in disaster aid evolved and expanded through the 20th century and into the 21st.
1947-1950: General Disaster Relief Funding from the Federal
Government Begins
After the Second World War, the federal government started becoming more involved in disaster After the Second World War, the federal government started becoming more involved in disaster
relief beyond specific incident-by-incident relief efforts. In 1947, P.L. 80-233 authorized the relief beyond specific incident-by-incident relief efforts. In 1947, P.L. 80-233 authorized the
federal government to provide surplus property to state and local governments for disaster relief federal government to provide surplus property to state and local governments for disaster relief
under the Disaster Surplus Property Program. Less than eight months later, the Administrator of under the Disaster Surplus Property Program. Less than eight months later, the Administrator of
the Federal Works Agency noted in a letter to President Harry S. Truman that the program would the Federal Works Agency noted in a letter to President Harry S. Truman that the program would
not provide adequate relief to communities over the longer term.not provide adequate relief to communities over the longer term.
3738
The next year, Congress made its first appropriation for general disaster relief. The Second
The next year, Congress made its first appropriation for general disaster relief. The Second
Deficiency Appropriation Act, 1948,Deficiency Appropriation Act, 1948,
3839 which was enacted on June 25, 1948, provided funding which was enacted on June 25, 1948, provided funding
directly to the President as follows:
36directly to the President as follows:
34 Red Cross Flyer, Library of Congress Manuscript Division, made available through the Theodore Roosevelt Digital Library (www.theordorerooseveltcenter.org) at http://www.theodoreroosevelt.org/Research/Digital-Library/Record?libID=o529079.
35 Public Resolution No. 16, April 19, 1906, 34 Stat. 827. Public Resolution No. 16, April 19, 1906, 34 Stat. 827.
3637 O’Connor, Charles James, “San Francisco Relief Survey: O’Connor, Charles James, “San Francisco Relief Survey:
The T he organization and methods of relief used organization and methods of relief used
after the after the
earthquake and fire of April 18, 1906,” earthquake and fire of April 18, 1906,”
The Russell Sage T he Russell Sage Foundation, 1913, p. 33.Foundation, 1913, p. 33.
37
38 U.S. U.S.
President (President (
TrumanT ruman), “Letter to the Administrator, Federal Works Agency, on the Disaster Surplus), “Letter to the Administrator, Federal Works Agency, on the Disaster Surplus
Property Property
Program,” Program,”
Public Papers of the Presidents of the United States: Harry S. Truman, 1948 (Washington: GPO, 1964), p. (Washington: GPO, 1964), p.
46. 46.
3839 P.L. 80-785. P.L. 80-785.
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DISASTER RELIEF
DISASTER RELIEF
Disaster
Disaster
Relief: ToRelief: To
enable the enable the President,President,
through such agency orthrough such agency or
agencies asagencies as
he he may may
designate, and in such manner as he shall determine, to supplement the efforts and available designate, and in such manner as he shall determine, to supplement the efforts and available
resources of State andresources of State and
local governments or other agencies, whenever he finds that local governments or other agencies, whenever he finds that any any
flood, fire, hurricane, earthquake, or other catastrophe in any part of the United States is of flood, fire, hurricane, earthquake, or other catastrophe in any part of the United States is of
sufficient severity andsufficient severity and
magnitude magnitude to warrant emergencyto warrant emergency
assistance by the Federal assistance by the Federal
Government in alleviating hardship, or suffering caused thereby, and if the governor of any Government in alleviating hardship, or suffering caused thereby, and if the governor of any
State inState in
which such catastrophe which such catastrophe
shalls hall occur shall certify that such assistance is required, occur shall certify that such assistance is required,
$500,000,$500,000,
to remain available until June 30, 1949, and to be expended without regard to to remain available until June 30, 1949, and to be expended without regard to
suchsuch
provisions regulating the expenditure of Government funds or the employment provisions regulating the expenditure of Government funds or the employment of of
persons in the Government service as he shall specify: Provided, That no expenditures persons in the Government service as he shall specify: Provided, That no expenditures
shall shal be made with respect to any such catastrophe in any State until the governor of such State be made with respect to any such catastrophe in any State until the governor of such State
shall have entered into an agreement with such agency of the Government as the President shall have entered into an agreement with such agency of the Government as the President
may designate giving assurance of expenditure of a reasonable amount of the funds of the may designate giving assurance of expenditure of a reasonable amount of the funds of the
government of such State, local governments therein, or other agencies, for the same or government of such State, local governments therein, or other agencies, for the same or
similarsimilar
purposes purposes with respect to such catastrophe: Provided further, That no part of this with respect to such catastrophe: Provided further, That no part of this
appropriation shall be expended for departmental personal services: Provided further, That appropriation shall be expended for departmental personal services: Provided further, That
no part of thisno part of this
appropriation shall be expended for permanent construction: appropriation shall be expended for permanent construction: Provided Provided
further, That within any affected area Federal agencies are authorized to participate in any further, That within any affected area Federal agencies are authorized to participate in any
such emergency assistance.such emergency assistance.
3940
Although this legislation came with broad latitude for the President in expending these funds, this
Although this legislation came with broad latitude for the President in expending these funds, this
appropriation contained several appropriation contained several
hallmarkshal marks that continue in today’s disaster relief structure: that continue in today’s disaster relief structure:
the President makes the determination that a disaster has occurred, and that
the President makes the determination that a disaster has occurred, and that
federal aid is required;
federal aid is required;
the state has a role in certifying the need and committing state resources to be
the state has a role in certifying the need and committing state resources to be
eligible
eligible
for federal support; for federal support;
aid is to “supplement the efforts and available resources of State and local
aid is to “supplement the efforts and available resources of State and local
governments or other agencies,” rather than to fund the entire relief effort; and
governments or other agencies,” rather than to fund the entire relief effort; and
the President may direct federal agencies to participate in emergency assistance.
the President may direct federal agencies to participate in emergency assistance.
The conditions laid out in this appropriation were echoed in the next two appropriations, provided
The conditions laid out in this appropriation were echoed in the next two appropriations, provided
in 1949, which totaled $1 in 1949, which totaled $1
million.40mil ion.41
1950-1966: The Disaster Relief Act of 1950—General Relief and
Specific Relief
The Disaster Relief Act of 1950 formalized the structure outlined in the initialThe Disaster Relief Act of 1950 formalized the structure outlined in the initial
appropriations appropriations
legislation, and indicated for the first time that legislation, and indicated for the first time that
it is the intent of Congress to provide an orderly and continuing means of assistance by the
it is the intent of Congress to provide an orderly and continuing means of assistance by the
Federal Government to States and local governments in carrying out their responsibilities Federal Government to States and local governments in carrying out their responsibilities
to alleviate suffering and damage resulting from major disasters, to repair essential public to alleviate suffering and damage resulting from major disasters, to repair essential public
39 The
40 T he term “Disaster Relief Fund” as term “Disaster Relief Fund” as
a title for the Disaster Relief appropriation seemed to have evolved informally. a title for the Disaster Relief appropriation seemed to have evolved informally.
TheT he Disaster Relief appropriation was initially provided under a heading of “ Disaster Relief appropriation was initially provided under a heading of “
Funds Funds Appropriated to the President” (this Appropriated to the President” (this
practice wouldpractice would
continue until the mid-1980s) and wascontinue until the mid-1980s) and was
described described in its early years frequently as “in its early years frequently as “
the President’s disaster the President’s disaster
relief fund.” See,relief fund.” See,
for example, Rep. Angell, “Second Deficiency Appropriation Bill, 1948,” House debate, for example, Rep. Angell, “Second Deficiency Appropriation Bill, 1948,” House debate,
Congressional Record, vol. 94, part 7 (June 16, 1948), p. 8467. , vol. 94, part 7 (June 16, 1948), p. 8467.
4041 P.L. 81-3, P.L. 81-5; 63 Stat. 5. P.L. 81-3, P.L. 81-5; 63 Stat. 5.
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facilities in major disasters,
facilities in major disasters,
and and to fosterto foster
the developmentthe development
of suchof such
State State and local and local
organizations and plans to cope with major disasters as may be necessary.organizations and plans to cope with major disasters as may be necessary.
4142
Section 8 of the act limited
Section 8 of the act limited
the authorized disaster relief funding to $5 the authorized disaster relief funding to $5
million mil ion in total.in total.
4243 This This
restriction did not effectively constrain funding, however. The first supplemental appropriation restriction did not effectively constrain funding, however. The first supplemental appropriation
for general disaster relief authorized under the Disaster Relief Act for 1950 provided $25 for general disaster relief authorized under the Disaster Relief Act for 1950 provided $25
millionmil ion, ,
and a waiver of the Section 8 limitation.and a waiver of the Section 8 limitation.
4344 The first authorized annual appropriation for general The first authorized annual appropriation for general
disaster relief was for $800,000, enacted August 31, 1951, less than two months later.disaster relief was for $800,000, enacted August 31, 1951, less than two months later.
4445 Annual Annual
appropriations were “to be availableappropriations were “to be available
until expended,” rather than expiring as previous general until expended,” rather than expiring as previous general
disaster relief appropriations had, and their use for administrative expenses was statutorily capped disaster relief appropriations had, and their use for administrative expenses was statutorily capped
at 2% per year.at 2% per year.
45 46
Under the Kennedy and Johnson Administrations, the federal government’s role in disaster relief
Under the Kennedy and Johnson Administrations, the federal government’s role in disaster relief
expanded further.expanded further.
4647 Federal general disaster relief programs broadened in 1962, with the inclusion Federal general disaster relief programs broadened in 1962, with the inclusion
of several American territories, and provision of grants for repair of state facilities.of several American territories, and provision of grants for repair of state facilities.
47 48
However, Congress
However, Congress
still stil passed specific legislation authorizing relief programs pursuant to other passed specific legislation authorizing relief programs pursuant to other
major disasters. In 1964 and 1965, post-disaster legislation provided specific relief for victims of major disasters. In 1964 and 1965, post-disaster legislation provided specific relief for victims of
an earthquake in Alaska,an earthquake in Alaska,
4849 flooding in western states, flooding in western states,
4950 and Hurricane Betsy in Florida, Louisiana, and Hurricane Betsy in Florida, Louisiana,
and Mississippi.and Mississippi.
5051 In a history of disaster relief legislation, one observer described the situation In a history of disaster relief legislation, one observer described the situation
thus: thus:
In 1962, 1964, and 1965, Congress had sought to preserve P.L. 81-875 [the Disaster Relief
In 1962, 1964, and 1965, Congress had sought to preserve P.L. 81-875 [the Disaster Relief
Act of 1950]Act of 1950]
and yetand yet
provide disaster assistance in the case of the very big disasters by provide disaster assistance in the case of the very big disasters by
special legislation only for the states named. Although no one at the time appeared aware special legislation only for the states named. Although no one at the time appeared aware
that the new types of assistance would become precedents for general legislation, it was in that the new types of assistance would become precedents for general legislation, it was in
the nature of the system that ultimately they would be reenacted for general use.the nature of the system that ultimately they would be reenacted for general use.
51 52
1966-1974: The Disaster Relief Act of 1966—General Relief
Broadens
The Disaster Relief Act of The Disaster Relief Act of
196652196653 revised the general disaster assistance program by providing revised the general disaster assistance program by providing
more assistance to public colleges and universities, as more assistance to public colleges and universities, as
well wel as authorizing assistance to repair as authorizing assistance to repair
41
42 P.L. 81-875; 64 Stat. 1109. P.L. 81-875; 64 Stat. 1109.
4243 P.L. 81-875; 64 Stat. 1111. P.L. 81-875; 64 Stat. 1111.
4344 P.L. 82-80; 65 Stat. 123. P.L. 82-80; 65 Stat. 123.
4445 P.L. 82-137; 65 Stat. 268. P.L. 82-137; 65 Stat. 268.
45 This46 T his limitation would rise to three percent in an FY1956 supplemental appropriation (P.L. 84 limitation would rise to three percent in an FY1956 supplemental appropriation (P.L. 84
-406; 70 Stat. 12), and -406; 70 Stat. 12), and
be carried in appropriations legislation through FY1979. be carried in appropriations legislation through FY1979.
4647 For a broader discussion For a broader discussion
of this evolution, see “of this evolution, see “
TheT he Evolution of U.S. Disaster Relief Policy,” by Bruce Evolution of U.S. Disaster Relief Policy,” by Bruce
R. Lindsay R. Lindsay
and Francis X. McCarthy, in CRSand Francis X. McCarthy, in CRS
Committee Print CP10000, Committee Print CP10000,
The Evolving Congress: A CommitteeCom m ittee Print Prepared for
the Senate CommitteeCom m ittee on Rules and Administration.
47Adm inistration . 48 P.L. 87-592. P.L. 87-592.
4849 P.L. 88-451. P.L. 88-451.
4950 P.L. 89-41. P.L. 89-41.
5051 P.L. 89-339. P.L. 89-339.
5152 Frank P. Bourgin, Frank P. Bourgin,
A History of Federal Disaster Relief Legislation, 1950-1974, Federal Emergency Management , Federal Emergency Management
Agency, Washington, DC, September 1983, p. 103. Agency, Washington, DC, September 1983, p. 103.
5253 P.L. 89-769. P.L. 89-769.
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local public facilities.
local public facilities.
5354 The Disaster Relief Act of The Disaster Relief Act of
196954196955 was enacted in response to Hurricane was enacted in response to Hurricane
CamilleCamil e, although the expansion of the federal role in disaster assistance it formalized had been , although the expansion of the federal role in disaster assistance it formalized had been
included in legislationincluded in legislation
since 1965. It included broader public and individualsince 1965. It included broader public and individual
assistance, including assistance, including
temporary housing, food assistance, unemployment assistance, matching funds to help states temporary housing, food assistance, unemployment assistance, matching funds to help states
develop preparedness plans, and authorization for the federal government to fund up to half the develop preparedness plans, and authorization for the federal government to fund up to half the
cost of repair and restoration of public facilities.cost of repair and restoration of public facilities.
5556 Not Not
all al of these costs would be borne by the of these costs would be borne by the
funding provided to the President, and the programs were only authorized through calendar 1970, funding provided to the President, and the programs were only authorized through calendar 1970,
but they represented a significant broadening of federal government involvement. but they represented a significant broadening of federal government involvement.
The Disaster Relief Act of
The Disaster Relief Act of
197056197057 consolidated the previous disaster relief legislation into a single consolidated the previous disaster relief legislation into a single
act, and made many of the act, and made many of the
CamilleCamil e-driven programs permanent, including programs to provide -driven programs permanent, including programs to provide
temporary housing assistance, debris removal, and permanent repair and replacement of state and temporary housing assistance, debris removal, and permanent repair and replacement of state and
local public facilities. local public facilities.
1974-Present: The Era of Federally Coordinated Emergency
Management
The Disaster Relief Act of The Disaster Relief Act of
197457197458 provided for a more robust preparedness program, and provided for a more robust preparedness program, and
introduced the concept of “emergency” declarations to accommodate assistance in cases where an introduced the concept of “emergency” declarations to accommodate assistance in cases where an
incident did not rise to the “major disaster” threshold.incident did not rise to the “major disaster” threshold.
58 59
The Disaster Relief and Emergency Assistance Amendments of 1988 (P.L. 100-707, hereinafter
The Disaster Relief and Emergency Assistance Amendments of 1988 (P.L. 100-707, hereinafter
DREAA) renamed the Disaster Relief Act of 1974 as the Robert T. Stafford Disaster Relief and DREAA) renamed the Disaster Relief Act of 1974 as the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (the aforementioned Stafford Act).Emergency Assistance Act (the aforementioned Stafford Act).
5960 It made the following It made the following
programmatic changes: programmatic changes:
Authorized the President to declare an emergency under the Stafford Act in “any
Authorized the President to declare an emergency under the Stafford Act in “any
occasion or instance” in which federal aid is needed—
occasion or instance” in which federal aid is needed—
allowingal owing for assistance for assistance
without a major disaster declaration;without a major disaster declaration;
6061
Defined a “major disaster” as “any natural catastrophe ... or, regardless of cause,
Defined a “major disaster” as “any natural catastrophe ... or, regardless of cause,
any fire, flood, or explosion, in any part of the United States, which in the
any fire, flood, or explosion, in any part of the United States, which in the
determination of the President causes damage of sufficient severity and determination of the President causes damage of sufficient severity and
magnitude to warrant major disaster assistance.magnitude to warrant major disaster assistance.
... ”61 . ”62
Established a 75% minimum level of assistance for the immediate response,
Established a 75% minimum level of assistance for the immediate response,
debris removal, and repair of public facilities; and
debris removal, and repair of public facilities; and
Provided for a 50/50 cost share for hazard mitigation grants.
Provided for a 50/50 cost share for hazard mitigation grants.
62
5363
54 Bourgin, p. 75. Bourgin, p. 75.
5455 P.L. 91-79. P.L. 91-79.
5556 Bourgin, p. 103. Bourgin, p. 103.
5657 P.L. 91-606. P.L. 91-606.
5758 P.L. 93-288. P.L. 93-288.
5859 Although it was Although it was
expected to expire in December 1977, it wasexpected to expire in December 1977, it was
extended to the end of fiscal year 1980.extended to the end of fiscal year 1980.
59 60 P.L. 100-707. P.L. 100-707.
6061 102 Stat. 4689. 102 Stat. 4689.
6162 102 Stat. 4690. 102 Stat. 4690.
62 These63 T hese grants would grants would
be amendedbe amended
in 1993 to a 75/25 cost share. in 1993 to a 75/25 cost share.
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The Stafford Act and the DREAA are the pieces of legislation that structure the current
The Stafford Act and the DREAA are the pieces of legislation that structure the current
relationship between the federal and state government in emergency management and disaster relationship between the federal and state government in emergency management and disaster
relief. These laws, which appear at 42 U.S.C. 5121 et seq., continue to be amended, with reform relief. These laws, which appear at 42 U.S.C. 5121 et seq., continue to be amended, with reform
legislationlegislation
frequently following on the heels of frequently following on the heels of
exceptionallyexceptional y large disasters, or complexes of large disasters, or complexes of
disasters. This has happened three times since FEMA was incorporated into DHS in 2003: disasters. This has happened three times since FEMA was incorporated into DHS in 2003:
1.
1.
The Post Katrina Emergency Reform Act of 2006 (PKEMRA)6364—Enacted as —Enacted as
a sixth title to the FY2007 DHS Appropriations Act, PKREMRA reauthorized
a sixth title to the FY2007 DHS Appropriations Act, PKREMRA reauthorized
and restructured FEMA, and made amendments to the Stafford Act, including and restructured FEMA, and made amendments to the Stafford Act, including
allowing
al owing federal assistance to be provided in the absence of a specific request, federal assistance to be provided in the absence of a specific request,
improved assistance for individuals with disabilities, and expanded availabilityimproved assistance for individuals with disabilities, and expanded availability
of of
public assistance to nongovernmental organizations. public assistance to nongovernmental organizations.
2.
2.
The Sandy Recovery Improvement Act (SRIA)6465—Enacted as a part of the —Enacted as a part of the
FY2013 supplemental appropriations act, SRIA included alternative procedures
FY2013 supplemental appropriations act, SRIA included alternative procedures
for the Stafford Act Public Assistance program to for the Stafford Act Public Assistance program to
allowal ow disaster impacted area to disaster impacted area to
get assistance on the basis of cost estimates rather than reimbursement of costs, get assistance on the basis of cost estimates rather than reimbursement of costs,
among other reforms. among other reforms.
3.
3.
The Disaster Recovery Reform Act of 2018 (DRRA)6566—Enacted through —Enacted through
language that was attached to an FAA reauthorization measure in the wake of
language that was attached to an FAA reauthorization measure in the wake of
wildfires in Californiawildfires in California
as well as wel as Hurricanes Harvey, Irma, and Maria, DRRA has as Hurricanes Harvey, Irma, and Maria, DRRA has
provisions to broaden federal investments from the DRF into mitigation efforts provisions to broaden federal investments from the DRF into mitigation efforts
that protect public infrastructure, as that protect public infrastructure, as
well wel as making improvements to the Public as making improvements to the Public
Assistance and Individual Assistance programs. For additional information on Assistance and Individual Assistance programs. For additional information on
these reforms, see CRS Report R45819, these reforms, see CRS Report R45819,
The Disaster Recovery Reform Act of
2018 (DRRA): A Summary of Selected Statutory Provisions. .
Pandemic COVID-19 and the Stafford Act
With the COVID-19 response, major disaster assistance programs under the Stafford Act
With the COVID-19 response, major disaster assistance programs under the Stafford Act
authorities are being used for the first time to respond to an infectious disease outbreak.authorities are being used for the first time to respond to an infectious disease outbreak.
66 67
Remarks from the passage of the Stafford Act seem to indicate that this may not have been what
Remarks from the passage of the Stafford Act seem to indicate that this may not have been what
the architects of the measure envisioned. While not explicitly excluding the use of the major the architects of the measure envisioned. While not explicitly excluding the use of the major
disaster declaration for infectious disease, Rep. Arlen Stangeland (R-MN), the Ranking Member disaster declaration for infectious disease, Rep. Arlen Stangeland (R-MN), the Ranking Member
of the Subcommittee on Water Resources of the House Public Works and Transportation of the Subcommittee on Water Resources of the House Public Works and Transportation
Committee, noted in his comments on the final version of the Committee, noted in his comments on the final version of the
bill bil that other authorities existed for that other authorities existed for
public health matters: public health matters:
Title
Title
I reorganizes the disaster relief program to clearly define Presidential authority to respond to major disasters and emergencies. Major disasters would include primarily natural catastrophes or, in certain instances, nonnatural catastrophes while emergencies would include any occasion or instance in which Federal assistance was necessary. However, we do not intend for emergency declarations to be available in responding I reorganizes the disaster relief program to clearly define Presidential authority to respond to major disasters and emergencies. Major disasters would include primarily natural catastrophes or, in certain instances, nonnatural catastrophes while emergencies would include any occasion or instance in which Federal assistance was necessary. However, we do not intend for emergency declarations to be available in responding to to
public health problems such as disease epidemics or environmental or nuclear catastrophes public health problems such as disease epidemics or environmental or nuclear catastrophes
for which Federal assistance is already available... for which Federal assistance is already available...
63
64 P.L. 109-295, Title VI. P.L. 109-295, Title VI.
6465 P.L. 113-2, Division B. P.L. 113-2, Division B.
6566 P.L. 115-254, Division D. P.L. 115-254, Division D.
66 Two67 T wo emergency declarations under the Stafford Act were emergency declarations under the Stafford Act were
made in the fall of 2000 for West Nile virus control.made in the fall of 2000 for West Nile virus control.
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On March 13, 2020, President Donald J. Trump made a series of emergency declarations under
On March 13, 2020, President Donald J. Trump made a series of emergency declarations under
Section 501(b) of the Stafford Act in response to the nationwide spread of a novel coronavirus Section 501(b) of the Stafford Act in response to the nationwide spread of a novel coronavirus
disease (COVID-19).disease (COVID-19).
6768 The declarations authorized assistance to The declarations authorized assistance to
all al U.S. states, territories, tribes, U.S. states, territories, tribes,
and the District of Columbia. At the time he announced the declarations, he invited the recipients and the District of Columbia. At the time he announced the declarations, he invited the recipients
of those declarations to request major disaster declarations.of those declarations to request major disaster declarations.
6869 FEMA notes that 50 states, four FEMA notes that 50 states, four
territories, and the District of Columbia have territories, and the District of Columbia have
all al requested and received major disaster requested and received major disaster
declarations for COVID-19 response.declarations for COVID-19 response.
6970
Later that month, a supplemental appropriation for the DRF was provided in the CARES Act, P.L.
Later that month, a supplemental appropriation for the DRF was provided in the CARES Act, P.L.
116-136, Division B, providing $45 116-136, Division B, providing $45
billion bil ion in emergency-designated supplemental appropriations. in emergency-designated supplemental appropriations.
As with other DRF appropriations, this funding was not provided As with other DRF appropriations, this funding was not provided
specificallyspecifical y for COVID-19 for COVID-19
efforts, but for Stafford Act programs more broadly. From March 13, 2020, through July 31, 2020 efforts, but for Stafford Act programs more broadly. From March 13, 2020, through July 31, 2020
(from the declarations through the end of the third quarter), FEMA (from the declarations through the end of the third quarter), FEMA
spentobligated $7.271 $7.271
billion bil ion from the from the
DRF on Stafford Act costs related to COVID-19 declarations: $3.700 DRF on Stafford Act costs related to COVID-19 declarations: $3.700
billionbil ion on operating on operating
expenses, and $3.289 expenses, and $3.289
billionbil ion on Public Assistance programs, which reimburses eligible public and on Public Assistance programs, which reimburses eligible public and
nonprofit entities for the costs of major disaster response and recovery. $179 nonprofit entities for the costs of major disaster response and recovery. $179
millionmil ion was was
provided through the Individual Assistance program. provided through the Individual Assistance program.
On August 8, 2020, the Administration announced a new “lost wages assistance” program, which
On August 8, 2020, the Administration announced a new “lost wages assistance” program, which
would expand and extend unemployment benefits for several weeks using up to $44 would expand and extend unemployment benefits for several weeks using up to $44
billion bil ion from from
the DRF. This initiativethe DRF. This initiative
would be implemented through the Other Needs Assistance program would be implemented through the Other Needs Assistance program
under the Individual Assistance programs under the Stafford Act.under the Individual Assistance programs under the Stafford Act.
7071 Almost $43 Almost $43
billionbil ion was was
obligated for this program before it obligated for this program before it
terminated71terminated72—more than three-quarters of the DRF —more than three-quarters of the DRF
obligations related to COVID-19 to that point,obligations related to COVID-19 to that point,
7273 and more than six times the $6.8 and more than six times the $6.8
billion bil ion obligated obligated
under the ONA program to that point since its inception in 2002.under the ONA program to that point since its inception in 2002.
73
As of the end of FY2020, FEMA had associated $52.681 billion in DRF spending with the COVID-19 response. $42.143 billion was provided through the Individual Assistance program, the vast majority of which was for the lost wages initiative. $6.058 billion was provided for Public Assistance programs, and $4.319 billion was for FEMA’s operational costs.74
In addition to an annual appropriation of $17.142
In addition to an annual appropriation of $17.142
billionbil ion for the DRF in Division F of the for the DRF in Division F of the
Consolidated Appropriations Act, 2021 (P.L. 116-260), Division M included a $2 Consolidated Appropriations Act, 2021 (P.L. 116-260), Division M included a $2
billionbil ion supplemental appropriation for the DRF, supplemental appropriation for the DRF,
specificallyspecifical y for the COVD-19-related funeral expenses for the COVD-19-related funeral expenses
67incurred through the end of calendar 2020.75 As noted above, this is an unusual y targeted
appropriation within the structure of the DRF.76
68 While the president made a single announcement, the declarations themselves apply to each individual state, While the president made a single announcement, the declarations themselves apply to each individual state,
territory, or tribe. territory, or tribe.
6869 https://www.whitehouse.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford- https://www.whitehouse.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford-
act/ act/
6970 https://www.fema.gov/disasters/coronavirus/disaster-declarations, as retrieved October 15, 2020. FEMA also notes https://www.fema.gov/disasters/coronavirus/disaster-declarations, as retrieved October 15, 2020. FEMA also notes
that 32 tribes are working with FEMA underthat 32 tribes are working with FEMA under
the emergency the emergen cy declarations. declarations.
7071 For more information on the Lost Wages Assistance program, see CRS For more information on the Lost Wages Assistance program, see CRS
Insight IN11492, Insight IN11492,
COVID-19: Supplementing
UnemploymentUnem ploym ent Insurance Benefits (Federal Pandemic Unemployment CompensationPandem ic Unem ployment Com pensation vs. Lost Wages Assistance), by , by
Katelin P. Isaacs and JulieKatelin P. Isaacs and Julie
M. Whittaker. M. Whittaker.
7172 Federal Emergency Management Agency, “Lost Wages Assistance Federal Emergency Management Agency, “Lost Wages Assistance
TotalsT otals,” October 26, 2020, email from FEMA ,” October 26, 2020, email from FEMA
Congressional Affairs.Congressional Affairs.
72 October 2020 Disaster Relief Later FEMA reporting of lower obligation totals for In dividual Assistance reflects some of these funds being deobligated and returned to the DRF for other purposes.
73 Federal Emergency Management Agency, October 2020 Disaster Relief Fund Report, pp. 13, 25, https://www.fema.gov/Fund Report, pp. 13, 25, https://www.fema.gov/
about/reports-and-data/disastersites/default/files/2020-10/fema_disaster-relief--relief-
fund-monthly-reportscccccchfrtbcnttilrgfvrnecgthdnhvbfibvlclvrkd.
73 CRS fund-report_10-2020.pdf. 74 CRS analysis of ONA data from OpenFEMA databasesanalysis of ONA data from OpenFEMA databases
downloaded downloaded October 27, 2020. 75 See P.L. 116-260, Division M, Section 201 for t he legislative language, and CRS Insight IN11582, FEMA Funeral Assistance for COVID-19, by Elizabeth M. Webster, for details.
76 When part of an appropriation is provided for a specific purpose, it limits the ability to use undesignated amounts of the larger appropriation for that specific purpose.October 27, 2020.
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incurred through the end of calendar 2020.74 As noted above, this is an unusually targeted appropriation within the structure of the DRF.75
It remains to be seen whether the Stafford ActIn March, 2021, the American Rescue Plan Act (P.L. 117-2; ARPA) was signed into law. Included in Section 4005 was a $50 bil ion mandatory appropriation for the Disaster Relief Fund, the first
mandatory appropriation ever provided to that account.
As of the end of the first quarter of FY2022, FEMA had associated $89.296 bil ion in DRF obligations with the COVID-19 response: $40.969 bil ion was provided through the Individual Assistance program, the vast majority of which was for the lost wages initiative; $39.366 bil ion was provided for Public Assistance programs; and $8.067 bil ion was for FEMA’s operational
costs.77
It remains to be seen whether the utilization of Stafford Act authorities to support the COVID-19 response is a new model for dealing COVID-19 response is a new model for dealing
with public health with public health
issuesemergencies. Congress may choose to refine this novel application, or reset the . Congress may choose to refine this novel application, or reset the
authorities of the Stafford Act along its earlier authorities of the Stafford Act along its earlier
precedents. precedents.
Appropriations for General Disaster Relief
Types of Appropriations for Disaster Relief
General disaster relief activities by the federal government under the Stafford Act are funded General disaster relief activities by the federal government under the Stafford Act are funded
through the appropriations process. Three types of appropriations support these activities: through the appropriations process. Three types of appropriations support these activities:
Supplemental Appropriations are requested by the Administration on an ad hoc basis, are requested by the Administration on an ad hoc basis,
generallygeneral y to address a need not sufficiently covered in the annual appropriations process. These move on a to address a need not sufficiently covered in the annual appropriations process. These move on a
short timetable and short timetable and
generallygeneral y do not go through the complete committee process. More than 82% do not go through the complete committee process. More than 82%
of net appropriations for the DRF have been provided through supplemental appropriations. of net appropriations for the DRF have been provided through supplemental appropriations.
Annual Appropriations: Requested by the Administration in February as a part of the annual Requested by the Administration in February as a part of the annual
budget process, these are expected to be passed by Congress and enacted into law prior to the budget process, these are expected to be passed by Congress and enacted into law prior to the
start of the fiscal year in October. Annual appropriations measures fund the core activities of the start of the fiscal year in October. Annual appropriations measures fund the core activities of the
government and are developed through the committee process. government and are developed through the committee process.
Continuing Appropriations: Provided when annual appropriations work remains unresolved at Provided when annual appropriations work remains unresolved at
the beginning of the new fiscal year, these appropriations are temporary budget authority the beginning of the new fiscal year, these appropriations are temporary budget authority
provided at a rate for operations based on the prior fiscal year to provided at a rate for operations based on the prior fiscal year to
allowal ow the government to the government to
continue functioning. The measure that provides them is termed a “continuing resolution,” or continue functioning. The measure that provides them is termed a “continuing resolution,” or
“CR.” These continuing appropriations may expire (in the case of an interim CR), or extend to the “CR.” These continuing appropriations may expire (in the case of an interim CR), or extend to the
end of the fiscal year (in the case of a “long-term” CR). end of the fiscal year (in the case of a “long-term” CR).
Supplemental Appropriations for Disaster Relief
The current Disaster Relief Fund concept can trace its birth back to an appropriations
The current Disaster Relief Fund concept can trace its birth back to an appropriations
bill bil in the in the
1940s—the Second Deficiency Appropriations Act, 1948.1940s—the Second Deficiency Appropriations Act, 1948.
7678 Deficiency appropriations Deficiency appropriations
billsbil s, ,
which provided funding to meet unanticipated needs during the fiscal year, were a forerunner of which provided funding to meet unanticipated needs during the fiscal year, were a forerunner of
modern supplemental appropriations modern supplemental appropriations
billsbil s. The severity, frequency, and resultant costs to the . The severity, frequency, and resultant costs to the
federal government from the array of disasters that strike the United States have always been federal government from the array of disasters that strike the United States have always been
unpredictable in an annual budgetary context. To respond to this uncertainty, disaster relief unpredictable in an annual budgetary context. To respond to this uncertainty, disaster relief
funding frequently has been provided through deficiency, and later supplemental, appropriations. funding frequently has been provided through deficiency, and later supplemental, appropriations.
When Congress and the Administration began to express concerns about the budget deficit in the 1980s, efforts were made to restrain supplemental spending by limiting it to cases of “dire emergency.” With the implementation of budget control in the 1990s, a special designation for emergency spending was created. If both Congress and the Administration agreed that certain
74 See P.L. 116-260, Division M, Section 201 for the legislative language, and CRS Insight IN11582, FEMA Funeral
Assistance for COVID-19, by Elizabeth M. Webster, for details.
75 When part of an appropriation is provided for a specific purpose, it limits the ability to use undesignated amounts of the larger appropriation for that specific purpose.
76 P.L. 80-785.
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77 Federal Emergency Management Agency, January 2022 Disaster Relief Fund Report, p. 14, https://www.fema.gov/sites/default/files/documents/fema_jan -2022-disaster-relief-fund-report.pdf. 78 P.L. 80-785.
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When Congress and the Administration began to express concerns about the budget deficit in the 1980s, efforts were made to restrain supplemental spending by limiting it to cases of “dire emergency.” With the implementation of budget control in the 1990s, a special designation for emergency spending was created. If both Congress and the Administration agreed that certain spending was an emergency requirement, budget limits would be adjusted to accommodate that spending was an emergency requirement, budget limits would be adjusted to accommodate that
spending. Congress used the emergency designation on a disaster relief appropriation for the first spending. Congress used the emergency designation on a disaster relief appropriation for the first
time in an FY1992 supplemental appropriations act.time in an FY1992 supplemental appropriations act.
7779 Congress continues to use emergency Congress continues to use emergency
designations in supplemental appropriations legislationdesignations in supplemental appropriations legislation
to provide budgetary flexibility. to provide budgetary flexibility.
At one point, Congress was statutorily required to use the designation for disaster relief
At one point, Congress was statutorily required to use the designation for disaster relief
appropriations. Under the terms of the aforementioned FY1992 supplemental appropriations act, appropriations. Under the terms of the aforementioned FY1992 supplemental appropriations act,
beginning in FY1993, Congress required “beginning in FY1993, Congress required “
all al amounts appropriated for disaster assistance amounts appropriated for disaster assistance
payments [under the Stafford Act] that are in excess of either the historical annual average payments [under the Stafford Act] that are in excess of either the historical annual average
obligation of $320,000,000, or the amount submitted in the President’s initial budget request, obligation of $320,000,000, or the amount submitted in the President’s initial budget request,
whichever is lower” be designated as emergency requirements under a specific provision of the whichever is lower” be designated as emergency requirements under a specific provision of the
Balanced Budget and Emergency Deficit Control Act of 1985.Balanced Budget and Emergency Deficit Control Act of 1985.
7880 This practice of emergency This practice of emergency
designation above a particular threshold was followed until FY2000, when a clause appeared in designation above a particular threshold was followed until FY2000, when a clause appeared in
the appropriation noting that discretionary appropriations were being provided notwithstanding the appropriation noting that discretionary appropriations were being provided notwithstanding
the restrictions of this section of the U.S. Code.the restrictions of this section of the U.S. Code.
79 81
With the passage of the Budget Control Act in 2011, which provided additional budgetary
With the passage of the Budget Control Act in 2011, which provided additional budgetary
flexibilityflexibility
for the costs for major disasters, supplemental disaster relief appropriations declined in for the costs for major disasters, supplemental disaster relief appropriations declined in
frequency, but remained a primary contributor to balances in the DRF. See the frequency, but remained a primary contributor to balances in the DRF. See the
“DRF Funding
History: FY1964-FY20”FY2021” section below for details. section below for details.
Annual Appropriations
The first general disaster relief funding was provided in an annual appropriations act in 1948, and
The first general disaster relief funding was provided in an annual appropriations act in 1948, and
carried its own authorizing provisions. Stand-alone authorization for general disaster relief first carried its own authorizing provisions. Stand-alone authorization for general disaster relief first
came in 1950. came in 1950.
Once the initial
Once the initial
separate authorization was put in place for general disaster relief, appropriations separate authorization was put in place for general disaster relief, appropriations
were provided for FY1952, FY1956-FY1958, and FY1962. As noted above, with the were provided for FY1952, FY1956-FY1958, and FY1962. As noted above, with the
development, codification, and expansion of the federal role in emergency management, development, codification, and expansion of the federal role in emergency management,
appropriations for general disaster relief became more common—and larger. Annual appropriations for general disaster relief became more common—and larger. Annual
appropriations for general disaster relief have been provided each year since FY1964, with only appropriations for general disaster relief have been provided each year since FY1964, with only
two exceptions.82
79two exceptions.80
Disaster Relief Designation
The adoption of a special designation for the costs of major disasters under the Stafford Act as a part of the Budget Control Act of 2011 (P.L. 112-25) made it easier to provide budget authority to the DRF in the annual appropriations process.81 FY2013 was the first year this mechanism was
77 P.L. 102-229, the “Dire Emergency Supplemental Appropriations and P.L. 102-229, the “Dire Emergency Supplemental Appropriations and
TransfersT ransfers for Relief from the Effects of for Relief from the Effects of
Natural Disasters, for Other Urgent Needs,Natural Disasters, for Other Urgent Needs,
and for Incremental Cost of ‘Operation Desert Shield/Desert Storm’ Act of and for Incremental Cost of ‘Operation Desert Shield/Desert Storm’ Act of
1992.” 1992.”
7880 P.L. 102-229, 105 Stat. 1711. The reference remains in law as P.L. 102-229, 105 Stat. 1711. The reference remains in law as
42 U.S.C42 U.S.C
§5203, but P.L. 105-33, the Balanced §5203, but P.L. 105-33, the Balanced
BudgetBudget
Act of 1997 (at 111 Stat. 699) changed the underlying lawAct of 1997 (at 111 Stat. 699) changed the underlying law
on whichon which
the requirement depended. the requirement depended.
7981 P.L. 106-74, at 115 Stat. 687. P.L. 106-74, at 115 Stat. 687.
TheT he same clause appeared in FY2003, but has not been a part of enacted DRF same clause appeared in FY2003, but has not been a part of enacted DRF
appropriations since then. appropriations since then.
8082 In FY1984 and FY1991, no appropriation was requested In FY1984 and FY1991, no appropriation was requested
or made for disaster relief, as unobligatedor made for disaster relief, as unobligated
balances were balances were
deemeddeemed
sufficient to fund anticipated disasters. Seesufficient to fund anticipated disasters. See
Federal Emergency Management Agency, Federal Emergency Management Agency,
Justification of
EstimatesEstim ates, Fiscal Year 1984, Part 2, Washington, DC, January 1983, p. DR-3, and Federal Emergency Management , Washington, DC, January 1983, p. DR-3, and Federal Emergency Management
Agency, Agency,
Justification of EstimatesEstim ates, Fiscal Year 1992, Washington, DC, February 1991, p. DR-3. Washington, DC, February 1991, p. DR-3.
81 See “Changes in the Budget Process” and CRS In Focus IF10720, Calculation and Use of the Disaster Relief
Allowable Adjustment.
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Disaster Relief Designation
The adoption of a special designation for the costs of major disasters under the Stafford Act as a part of the Budget Control Act of 2011 (P.L. 112-25, BCA) made it easier to provide budget authority to the DRF in the annual appropriations process.83 FY2013 was the first year this mechanism was used over the course of the whole annual appropriations process. Using FY2020 used over the course of the whole annual appropriations process. Using FY2020
dollars to dollars to
compensate for inflation, the DRF received $46.547 compensate for inflation, the DRF received $46.547
billionbil ion in annual appropriations during the in annual appropriations during the
five-year period from FY2013 through FY2018—more than it had received in annual five-year period from FY2013 through FY2018—more than it had received in annual
appropriations from FY1948 through FY2012. The FY2020 annual appropriation for the DRF of appropriations from FY1948 through FY2012. The FY2020 annual appropriation for the DRF of
$17.863 $17.863
billionbil ion was its largest annual appropriation ever, breaking the previous record set by the was its largest annual appropriation ever, breaking the previous record set by the
FY2019 annual appropriation. That record was nearly eclipsed by the FY2021 annual FY2019 annual appropriation. That record was nearly eclipsed by the FY2021 annual
appropriation of $17.142 appropriation of $17.142
billionbil ion. .
Since the FY2013 budget request, FEMA has bifurcated its annual appropriations request
Since the FY2013 budget request, FEMA has bifurcated its annual appropriations request
between the costs of major disasters—the “Disaster Relief Category”—and everything else between the costs of major disasters—the “Disaster Relief Category”—and everything else
funded by the DRF—“Base Disaster Relief,” which includes funding for emergency designations, funded by the DRF—“Base Disaster Relief,” which includes funding for emergency designations,
fire management assistance, pre-disaster declaration surge activities, and Disaster Readiness and fire management assistance, pre-disaster declaration surge activities, and Disaster Readiness and
Support Programs. The former category is eligible for the designation as “disaster relief,” a Support Programs. The former category is eligible for the designation as “disaster relief,” a
designation that triggers an upward adjustment of statutory discretionary spending limits to designation that triggers an upward adjustment of statutory discretionary spending limits to
accommodate it without triggering sequestration. The latter category is not, and accommodate it without triggering sequestration. The latter category is not, and
scores as usual y scores
against discretionary spendingdiscretionary spending
limits. .
The
The
allowableal owable adjustment for disaster relief adjustment for disaster relief
expiresexpired at the end of FY2021. According to OMB, it at the end of FY2021. According to OMB, it
hashad covered $104 covered $104
billion bil ion in major disaster costsin major disaster costs
.82 through FY2021.84 93% of covered 93% of covered
appropriations have gone to the DRF
appropriations went to the DRF.
In its FY2022 budget request, the Biden Administration proposed extending special budgetary treatment for disaster relief. Subsequently, the FY2022 budget resolution included an adjustment
for disaster relief that continues to effectively exempt such funding from spending limits within the congressional budget process.85 Despite the fact that the budget resolution relies on an extension of the BCA formula, as of this writing, OMB has not released a calculation of the
adjustment’s al owable size for FY2022. .
Continuing Appropriations
Even though the DRF is a “no-year” fund, and its appropriations are available until expended, it
Even though the DRF is a “no-year” fund, and its appropriations are available until expended, it
does get temporary replenishment from continuing resolutions (CRs) at times, until its annual does get temporary replenishment from continuing resolutions (CRs) at times, until its annual
appropriations are finalized. appropriations are finalized.
In FY1982, for the first time, interim general disaster relief funding was provided in a CR through
In FY1982, for the first time, interim general disaster relief funding was provided in a CR through
an “anomaly,” a provision providing funds at an operating rate different from that base rate of an “anomaly,” a provision providing funds at an operating rate different from that base rate of
operations provided in the resolution.operations provided in the resolution.
83
These “anomaly” provisions may also provide flexibility 86
83 See “Changes in the Budget Process” and CRS In Focus IF10720, Calculation and Use of the Disaster Relief Allowable Adjustm ent, by William L. Painter. 84 Office of Management and Budget, OMB Sequestration Update Report to the President and Congress for Fiscal Year 2021, Washington, DC, August 20, 2020, p. 15, https://www.whitehouse.gov/wp-content/uploads/2020/08/Sequestration_Update_August_2020.pdf; and Office of Management and Budget, OMB Final Sequestration Report to the President and Congress for Fiscal Year 2021 , Washington, DC, January 19, 2021, p. 8, https://www.whitehouse.gov/wp-content/uploads/2021/01/sequestration_final_January_2021_speaker.pdf.
85 S.Con.Res. 14, §4004(b)(6). 86 P.L. 97-92; 95 Stat. 1187.
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These “anomaly” provisions may also provide flexibility that can help avoid some of the that can help avoid some of the
complications that can arise under the constraints of operating under continuing appropriations. complications that can arise under the constraints of operating under continuing appropriations.
For example, CRs For example, CRs
generallygeneral y provide funding at a constant rate of operations, with certain provide funding at a constant rate of operations, with certain
restrictions. This can complicate disaster response and recovery, when restrictions. This can complicate disaster response and recovery, when
callscal s for funding vary in for funding vary in
scale and timingscale and timing
from year to year. The DRF could, in some circumstances, risk being depleted from year to year. The DRF could, in some circumstances, risk being depleted
by response and recovery needs while operating under a CR. This risk can be addressed in one of by response and recovery needs while operating under a CR. This risk can be addressed in one of
two ways: responsively, when FEMA requests special flexibilitytwo ways: responsively, when FEMA requests special flexibility
from the Office of Management from the Office of Management
and Budget (OMB)—which apportions CR funding to agencies; or proactively, when a special and Budget (OMB)—which apportions CR funding to agencies; or proactively, when a special
provision is included in the CR that directs such flexibility be provided to ensure adequate provision is included in the CR that directs such flexibility be provided to ensure adequate
resources are available. Such language can be found in the initialresources are available. Such language can be found in the initial
CRs for FY2018 through CRs for FY2018 through
FY2021, which FY2021, which
all al provide that the funds provided “may be apportioned up to the rate for provide that the funds provided “may be apportioned up to the rate for
operations necessary to carry out response and recovery activities” under the Stafford Act.operations necessary to carry out response and recovery activities” under the Stafford Act.
84
82 Office of Management and Budget, OMB Sequestration Update Report to the President and Congress for Fiscal
Year 2021, Washington, DC, August 20, 2020, p. 15, https://www.whitehouse.gov/wp-content/uploads/2020/08/Sequestration_Update_August_2020.pdf; and Office of Management and Budget, OMB Final Sequestration Report to
the President and Congress for Fiscal Year 2021, Washington, DC, January 19, 2021, p. 8, https://www.whitehouse.gov/wp-content/uploads/2021/01/sequestration_final_January_2021_speaker.pdf.
83 P.L. 97-92; 95 Stat. 1187. 84 P.L. 115-56, Division D, §129; P.L. 115-245, Division C, §124; and P.L. 116-59, §133.
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87
Lapses in Annual Appropriations and the DRF
Most annual appropriations expire at the end of the fiscal year.
Most annual appropriations expire at the end of the fiscal year.
On severalOn several
occasions in recent history,occasions in recent history,
neither neither
annual nor continuing appropriations wereannual nor continuing appropriations were
enacted priorenacted prior
to the beginning of the fiscal year, leading to a “funding to the beginning of the fiscal year, leading to a “funding
gap” or “lapse” in appropriations.gap” or “lapse” in appropriations.
When this occurs,When this occurs,
partial shutdown of government functions and emergency partial shutdown of government functions and emergency
furlough of employeesfurlough of employees
ensues for functions that are not funded through fee revenuesensues for functions that are not funded through fee revenues
or multiyearor multiyear
appropriations, appropriations,
and do not immediatelyand do not immediately
protect life and property. protect life and property.
The DisasterThe Disaster
Relief appropriation can fund disaster reliefRelief appropriation can fund disaster relief
operations, as its appropriations do not expire at the end operations, as its appropriations do not expire at the end
of the fiscal year, but lapses in annual appropriations have an impact on agency efficiency.of the fiscal year, but lapses in annual appropriations have an impact on agency efficiency.
Some disaster-related Some disaster-related
functions have been subject to emergencyfunctions have been subject to emergency
furlough in the past.furlough in the past.
8588 Such furloughs may indirectly affect the ability of Such furloughs may indirectly affect the ability of
a component to carry out its mission.a component to carry out its mission.
For example,For example,
in the event of a shutdown and furlough, while staff directly in the event of a shutdown and furlough, while staff directly
engaged in activities to prevent loss of life or property are not subject to furlough, other staff are not available to engaged in activities to prevent loss of life or property are not subject to furlough, other staff are not available to
reviewreview
grant requests or approve the releasegrant requests or approve the release
of appropriated funds for nonemergency disaster recoveryof appropriated funds for nonemergency disaster recovery
grants grants
from the DRF. from the DRF.
DRF Funding History: FY1964-FY2020FY2021
The following figures show appropriations for the DRF from FY1964 through The following figures show appropriations for the DRF from FY1964 through
FY2020FY2021. .
Each fiscal year shows a gross total of annual appropriations and discretionary appropriations
Each fiscal year shows a gross total of annual appropriations and discretionary appropriations
(represented by a two-part bar) and a net total (represented by a black mark on each bar), which (represented by a two-part bar) and a net total (represented by a black mark on each bar), which
takes into account rescissions and transfers from the DRF. An inset graphic provides the scale to takes into account rescissions and transfers from the DRF. An inset graphic provides the scale to
include funding levels for several outlier years,include funding levels for several outlier years,
8689 while showing the detail of appropriations for while showing the detail of appropriations for
the more typical years. The first figure shows data in nominal dollars, and the second shows the more typical years. The first figure shows data in nominal dollars, and the second shows
constant constant
FY2020FY2021 dollars. dollars.
The figures show an increase in appropriations for the DRF starting in the 1990s, largely due to
The figures show an increase in appropriations for the DRF starting in the 1990s, largely due to
increases in supplemental appropriations. Annual appropriations rose significantly in the early increases in supplemental appropriations. Annual appropriations rose significantly in the early
2000s and again starting in FY2013. 2000s and again starting in FY2013.
Even with the surge in appropriations for the 2017 catastrophic series of disasters, which included Hurricane Harvey, Hurricane Maria, and the California wildfires, and the large supplemental appropriation for the DRF for COVID-19 in FY2020, FY2021 saw the DRF receive its largest gross appropriations in its history, in nominal dollars, due to the $50 bil ion in mandatory supplemental funding
provided in the American Rescue Plan Act. However, when inflation is taken into account, FY2005 remains the single highest year for appropriations for the DRF, when a series of FY2005 remains the single highest year for appropriations for the DRF, when a series of
hurricanes, including Katrina, Rita, and Wilmahurricanes, including Katrina, Rita, and Wilma
hit the southeastern United States.hit the southeastern United States.
87
A table showing the underlying data for each figure appears in the Appendix.
85 For details, see CRS 90
87 P.L. 115-56, Division D, §129; P.L. 115-245, Division C, §124; and P.L. 116-59, §133. 88 For details, see CRS Report R43252, Report R43252,
FY2014 Appropriations Lapse and the Department of Homeland Security:
ImpactIm pact and Legislation, by William L. Painter. , by William L. Painter.
8689 FY2005, FY2006, and FY2017. FY2005, FY2006, and FY2017.
87 The90 T he following year, a significant amount of what had been provided was following year, a significant amount of what had been provided was
rescinded rescinded and re-appropriated to and re-appropriated to
otherot her agenciesagencies
to provide disaster assistance and repair storm and flood damage.to provide disaster assistance and repair storm and flood damage.
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A table showing the underlying data for each figure appears in the Appendix.
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Figure 12. Nominal Dollar Disaster Relief Appropriations, FY1964-FY2020FY2021
Source: CRS analysis of appropriations laws. CRS analysis of appropriations laws.
Notes: Totals for FY2005, FY2006, FY2018, Totals for FY2005, FY2006, FY2018,
FY2020 and FY2021and FY2020 referenced referenced
by the arrows,by the arrows,
are beyond the scale of the main graph and are shown on the inset.are beyond the scale of the main graph and are shown on the inset.
FY2013 numbers FY2013 numbers
do not reflect the impact of sequestration.do not reflect the impact of sequestration.
Supplemental data include contingent appropriations and Supplemental data include contingent appropriations and
all appropriationsal appropriation s under the heading of “Disaster under the heading of “Disaster
Relief” or “DisasterRelief” or “Disaster
Relief Fund” including the language “for an additional amount.” Reductions reflected in the Net Total data include transfers and rescissionsRelief Fund” including the language “for an additional amount.” Reductions reflected in the Net Total data include transfers and rescissions
specifically specifical y enumerated in enumerated in
appropriations acts. For information on trends in the declarations that helped drive the demand for these appropriations, see CRS Report R42702, appropriations acts. For information on trends in the declarations that helped drive the demand for these appropriations, see CRS Report R42702,
Stafford Act Declarations Act
Declarations 1953-2016: Trends, Analyses, and Implications for Congress, by Bruce R. Lindsay. , by Bruce R. Lindsay.
CRS-
CRS-
1821
Figure 2. FY20203. FY2021 Dollar Disaster Relief Appropriations, FY1964-FY2020FY2021
Source: CRS analysis of appropriations laws. CRS analysis of appropriations laws.
Notes: Totals for FY2005, FY2006, FY2018 Totals for FY2005, FY2006, FY2018
, FY2020, and FY2021, and FY2020 referenced by the arrows, referenced by the arrows,
are beyond the scale of the main graph and are shown on the inset.are beyond the scale of the main graph and are shown on the inset.
FY2013 numbers FY2013 numbers
do not reflect the impact of sequestration.do not reflect the impact of sequestration.
Supplemental data include contingent appropriations and Supplemental data include contingent appropriations and
all appropriationsal appropriation s under the heading of “Disaster under the heading of “Disaster
Relief” or “DisasterRelief” or “Disaster
Relief Fund” including the language “for an additional amount.” Reductions reflected in the Net Total data include transfers and rescissionsRelief Fund” including the language “for an additional amount.” Reductions reflected in the Net Total data include transfers and rescissions
specifically specifical y enumerated in enumerated in
appropriations acts. For information on trends in the declarations that helped drive the demand for these appropriations, seeappropriations acts. For information on trends in the declarations that helped drive the demand for these appropriations, see
CRS Report R42702, CRS Report R42702,
Stafford Act Declarations Act
Declarations 1953-2016: Trends, Analyses, and Implications for Congress, by Bruce R. Lindsay. , by Bruce R. Lindsay.
CRS-
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Factors in Changing Appropriations Levels
For years, FEMA’s budget justifications have noted, in one form or another, that “[t]he primary For years, FEMA’s budget justifications have noted, in one form or another, that “[t]he primary
cost driver associated with Major Disasters is disaster activity.”cost driver associated with Major Disasters is disaster activity.”
8891 While year-to-year disaster While year-to-year disaster
relief appropriations are largely driven by disaster activity and ongoing recovery needs, when relief appropriations are largely driven by disaster activity and ongoing recovery needs, when
analyzing historical data over an extended time frame, other factors such as programmatic analyzing historical data over an extended time frame, other factors such as programmatic
changes in general disaster relief and certain changes in the budget process may also warrant changes in general disaster relief and certain changes in the budget process may also warrant
consideration.
COVID-19 and the DRF
In the interest of discussing the traditional applications of the DRF the fol owing analysis for the most part leaves aside the single largest draw on its resources—the COVID-19 pandemic. As noted above, the decision to use Stafford Act resources in the pandemic response was unprecedented: by the end of the first quarter of FY2022, more than $89 bil ion had been obligated for COVID-19 pandemic response and recovery from the DRF—even when adjusted for inflation, this was more than had been appropriated for the DRF from its inception through FY2001. The Trump Administration also chose to use a large amount of DRF resources for a new unemployment assistance initiative, which led to more than $40 bil ion in additional obligations from the DRF in less than two months—approximately five times what had already been provided as assistance to states. Given the unique nature of the DRF funding for COVID-19 response and recovery, the analyses in this section focus on the changing appropriations levels for the DRF in its role as a resource to respond to traditional “kinetic” disasters, such as earthquakes, flooding, and storms, rather than pandemics. A separate CRS analysis of the use of Stafford Act authorities to address the COVID-19 pandemic is currently under development.
consideration.
Incident Frequency and Severity
The two largest factors affecting year-to-year disaster relief appropriations are disaster activity,
The two largest factors affecting year-to-year disaster relief appropriations are disaster activity,
which varies in frequency and severity, and the ongoing recovery costs from previous disasters. which varies in frequency and severity, and the ongoing recovery costs from previous disasters.
Federal involvement in disaster response and recovery occurs when lower levels of government Federal involvement in disaster response and recovery occurs when lower levels of government
find their capabilities are overwhelmed and turn to the federal government for help. Reduced (or find their capabilities are overwhelmed and turn to the federal government for help. Reduced (or
increased) numbers of increased) numbers of
callscal s for relief mean reduced (or increased) need for disaster relief for relief mean reduced (or increased) need for disaster relief
appropriations. appropriations.
The incidents that lead to expenditures from the DRF vary in scale.
The incidents that lead to expenditures from the DRF vary in scale.
EquallyEqual y powerful storms may powerful storms may
strike a community with a glancing blow or a direct hit. An earthquake may strike a rural area, or strike a community with a glancing blow or a direct hit. An earthquake may strike a rural area, or
a major city with complex infrastructure. Stricken communities, states, territories, and tribes have a major city with complex infrastructure. Stricken communities, states, territories, and tribes have
varying levels of preparedness for particular types of disaster, and different amounts of public varying levels of preparedness for particular types of disaster, and different amounts of public
infrastructure to repair and replace. infrastructure to repair and replace.
Some observers have noted that as the U.S. population grows and develops property in disaster-
Some observers have noted that as the U.S. population grows and develops property in disaster-
prone areas, and as patterns of severe weather shift, the costs of disasters are likely to continue to prone areas, and as patterns of severe weather shift, the costs of disasters are likely to continue to
rise.rise.
8992 According to the National Centers for Environmental Information of the National Oceanic According to the National Centers for Environmental Information of the National Oceanic
and Atmospheric Administration, from 1980 through and Atmospheric Administration, from 1980 through
20202021, the United States has averaged more
91 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2019 Congressional Budget Justification , Federal Emergency Management Agency, Washington, DC, February 2018, p. FEMA-DRF-30. FEMA budget justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget .
92 For information on forecasts for hurricane-specific disaster costs, see Congressional Budget Office, Potential Increases in Hurricane Dam age in the United States: Im plications for the Federal Budget, Washington, DC, June 2016, https://www.cbo.gov/publication/51518.
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than , the United States has averaged seven seven
weather-related disaster events that each cost $1 weather-related disaster events that each cost $1
billionbil ion or more each year. or more each year.
9093 The frequency of The frequency of
these events is increasing. From 1980 through 2007, more than seven these events is increasing. From 1980 through 2007, more than seven
billionbil ion-dollar events -dollar events
occurred in only one year (1998). Since 2007, these events have become more frequent: only one occurred in only one year (1998). Since 2007, these events have become more frequent: only one
year since 2007 has seen year since 2007 has seen
fewer than seven such events. Ten or more such events have occurred than seven such events. Ten or more such events have occurred
each year since 2015. The United States was struck by 22 such events in 2020, an each year since 2015. The United States was struck by 22 such events in 2020, an
annual record.annual record.
91 94
The contrast between the period of high-frequency, high-impact events
The contrast between the period of high-frequency, high-impact events
in the 2010sfrom FY2012 to the present day and the and the
relatively calm period of the 1980s is relatively calm period of the 1980s is
illustrated in il ustrated in Figure 23. Without the Without the
driver of large disasters, driver of large disasters,
DRF appropriations remained modest. During the period from FY1981 to FY1991, DRF appropriations remained modest. During the period from FY1981 to FY1991,
abnormally abnormal y low levels of disaster activity led to no supplemental appropriations for 7 of those 11 fiscal years, low levels of disaster activity led to no supplemental appropriations for 7 of those 11 fiscal years,
and no annual appropriations in either FY1984 or FY1991—the only two fiscal years for which and no annual appropriations in either FY1984 or FY1991—the only two fiscal years for which
this has occurred since FY1964. By contrast, over the last this has occurred since FY1964. By contrast, over the last
sixnine years, the DRF has required years, the DRF has required
sustained high levels of appropriations, including sustained high levels of appropriations, including
threefive of its of its
sixseven highest total highest total
appropriations ever by fiscal year, adjusting for inflation, and its three largest annual
appropriations ever from FY2019 through FY2021.
Further analysis of recent pre-COVID-19 pandemic appropriations ever
88 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2019 Congressional Budget Justification, Federal Emergency Management Agency, Washington, DC, February 2018, p. FEMA-DRF-30, https://www.dhs.gov/sites/default/files/publications/Federal%20Emergency%20Management%20Agency.pdf.
89 For information on forecasts for hurricane-specific disaster costs, see Congressional Budget Office, Potential
Increases in Hurricane Damage in the United States: Implications for the Federal Budget, Washington, DC, June 2016, https://www.cbo.gov/publication/51518.
90 These cost figures are based on CPI-adjusted data. 91 NOAA, National Centers for Environmental Information (NCEI), U.S. Billion-Dollar Weather and Climate Disasters (2018), https://www.ncdc.noaa.gov/billions/.
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by fiscal year, even adjusting for inflation, and back-to-back largest annual appropriations in FY2020 and FY2019.
Further analysis of recent years shows the association between years shows the association between
appropriations for the DRF and appropriations for the DRF and
the frequency of high-cost events is closer than the association with the number of major disaster the frequency of high-cost events is closer than the association with the number of major disaster
declarations.declarations. Table 1 shows data from FEMA regarding the number of major disasters declared shows data from FEMA regarding the number of major disasters declared
from FY2004 through FY2019 It also shows FEMA’s accounting for the number of major from FY2004 through FY2019 It also shows FEMA’s accounting for the number of major
disasters incurring more than $500 disasters incurring more than $500
millionmil ion in projected costs to FEMA in terms of the federal in projected costs to FEMA in terms of the federal
share of Stafford Act programs, and the totals of those costs by fiscal year of the incident. The last share of Stafford Act programs, and the totals of those costs by fiscal year of the incident. The last
column shows the total gross appropriations for the DRF for column shows the total gross appropriations for the DRF for
each fiscal year. Given the unusual each fiscal year. Given the unusual
Stafford Act and DRF activity related to COVID-19, FY2020 Stafford Act and DRF activity related to COVID-19, FY2020
is set aside when calculating the is set aside when calculating the
annual average. annual average.
Table 1. Disaster Declaration Activities and Projected Costs of Catastrophic
Disaster Declarations, FY2004-FY2020
Number of
Total Projected FEMA
Total Gross DRF
Number Total Projected
Number of
FEMA Costs of
Number of
Catastrophic
Costs of Catastrophic
AppropriationTotal Gross DRF
Major Disaster
Disaster
Disasters
($millions,Appropriation
Fiscal Year
Declarations
Declarations
($millions, nominal)
($millions, nominal)
2004
2004
65
65
5
5
6,906
6,906
4,023
4,023
2005
2005
45
45
5
5
47,919
47,919
68,427
68,427
2006
2006
53
53
1
1
2,606
2,606
-16,391
-16,391
2007
2007
67
67
0
0
—
—
5,743
5,743
2008
2008
68
68
3
3
8,048
8,048
12,935
12,935
2009
2009
63
63
0
0
—
—
1,178
1,178
2010
2010
79
79
1
1
573
573
6,573
6,573
2011
2011
98
98
2
2
1,344
1,344
2,650
2,650
2012
2012
46
46
1
1
706
706
7,076
7,076
2013
2013
65
65
3
3
22,767
22,767
18,469
18,469
93 T hese cost figures are based on CPI-adjusted data. 94 NOAA, National Centers for Environmental Information (NCEI), U.S. Billion-Dollar Weather and Climate Disasters (2018), https://www.ncdc.noaa.gov/billions/.
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Total Projected
Number of
FEMA Costs of
Number of
Catastrophic
Catastrophic
Total Gross DRF
Major Disaster
Disaster
Disasters
Appropriation
Fiscal Year
Declarations
Declarations
($millions, nominal)
($millions, nominal)
2014
2014
48
48
0
0
—
—
5,897
5,897
2015
2015
44
44
0
0
—
—
6,729
6,729
2016
2016
41
41
2
2
3,407
3,407
6,329
6,329
2017
2017
60
60
8
8
85,991
85,991
13,996
13,996
2018
2018
54
54
2
2
2,914
2,914
45,011
45,011
2019
2019
53
53
4
4
6,628
6,628
12,005
12,005
2020
2020
100
100
33a
79,601
79,601
62,863
62,863
Total
10491,049
70a
269,410
263,513
Total (setting
949
37
189,809
200,650
aside FY2020)
Adjusted
59.3
2.3
11,863
12,541
Average
Source: EmailsEmails
from FEMA Office of Congressionalfrom FEMA Office of Congressional
Affairs to CRS, September 24, 2019, and November 9, 2020; Affairs to CRS, September 24, 2019, and November 9, 2020;
and data fromand data from
FEMA’s database of disasterFEMA’s database of disaster
declarations by year, as of Novemberdeclarations by year, as of November
12, 2019 12, 2019
(https://www.fema.gov/disasters/year). (https://www.fema.gov/disasters/year).
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a. Of the 56 major disaster declarations made for COVID-19Notes: DRF appropriations totals reflect the impacts of rescissions and legislatively directed transfers. Due to the nature of the data presented, the information in the figure represents nominal dol ars. FY2013 data does not include the impact of sequestration. a. Of the 59 major disaster declarations made for COVID-19 as of this writing, 31 individual declarations were
, 31 individual declarations were projected to projected to
have a federal share of over $500 mil ionhave a federal share of over $500 mil ion
as of Novemberas of November
2020. Given the changing level2020. Given the changing level
of of
FEMA involvement FEMA involvement and increasing federal cost shares for certain elementsand increasing federal cost shares for certain elements
of responseof response
and recovery,and recovery,
that number that number
is likelyis likely
to increaseto increase.
Notes: DRF appropriations totals reflect the impacts of rescissions and legislatively directed transfers. Due to the nature of the data presented, the information in the figure represents nominal dol ars. FY2013 data does not include the impact of sequestration. .
Taking the FEMA catastrophic event cost projections and the net total DRF appropriations from
Taking the FEMA catastrophic event cost projections and the net total DRF appropriations from
the two right-hand columns ithe two right-hand columns i
n Table 1 and matching them up iand matching them up i
n Figure 3 illuminates4 il uminates two key two key
points about the DRF. First, catastrophic events are the major driver of DRF funding, rather than points about the DRF. First, catastrophic events are the major driver of DRF funding, rather than
the volume of major disaster declarations. Second, while a large amount of appropriations are the volume of major disaster declarations. Second, while a large amount of appropriations are
provided for the DRF in the immediate aftermath of catastrophic incidents, subsequent years’ provided for the DRF in the immediate aftermath of catastrophic incidents, subsequent years’
appropriations and obligations are also elevated to address long-term recovery costs.appropriations and obligations are also elevated to address long-term recovery costs.
92 95
Figure 34 focuses on FY2000 through FY2019, supplementing the above data with obligation data focuses on FY2000 through FY2019, supplementing the above data with obligation data
that that
illustrateil ustrate total annual obligations for the DRF. total annual obligations for the DRF.
93 This illustrates visually96 This il ustrates visual y how appropriations how appropriations
are driven by catastrophic events, and are spent over the ensuing years to pay for recovery costs. are driven by catastrophic events, and are spent over the ensuing years to pay for recovery costs.
The
The
yellowyel ow bars show the FEMA-projected DRF costs for catastrophic disasters that occurred in a bars show the FEMA-projected DRF costs for catastrophic disasters that occurred in a
given fiscal year. For example, FY2005 shows a bar denoting the projected costs of Hurricanes given fiscal year. For example, FY2005 shows a bar denoting the projected costs of Hurricanes
Katrina, Rita, and Wilma, while FY2013 shows a bar denoting the costs of Hurricane Sandy. The Katrina, Rita, and Wilma, while FY2013 shows a bar denoting the costs of Hurricane Sandy. The
blue line shows total annual and supplemental appropriations for the DRF, and the green line blue line shows total annual and supplemental appropriations for the DRF, and the green line
95 FEMA’s projected cost data cannot be consistently deflated to a constant dollar value. T he $45 billion provided in the CARES Act and COVID-19 obligations are excluded from this analysis as their scale masks the trend line of obligations from prior-year catastrophic incidents. 96 Due to the novel uses of the Stafford Act and DRF resources for the COVID-19 response, FY2020 and FY2021 are outlier years that do not reflect the overall trend of DRF appropriations and obligations, and projections of total costs for COVID-19 response and recovery from the DRF are in complete at best as the situation continues to evolve.
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shows the annual obligations from the DRF each year. Note that the blue line shows the surge in shows the annual obligations from the DRF each year. Note that the blue line shows the surge in
appropriations provided by a series of supplemental appropriations provided in the days after appropriations provided by a series of supplemental appropriations provided in the days after
Katrina in FY2005, and a rescission of some of those resources in FY2006 to pay for other relief Katrina in FY2005, and a rescission of some of those resources in FY2006 to pay for other relief
programs. programs.
Harvey, Irma, Maria, and the 2017 California wildfires led to large projected costs of FY2017
Harvey, Irma, Maria, and the 2017 California wildfires led to large projected costs of FY2017
catastrophic disasters. The spike in immediate appropriations did not align with that large catastrophic disasters. The spike in immediate appropriations did not align with that large
projected need, but instead appears the following year, as the three hurricanes occurred close to projected need, but instead appears the following year, as the three hurricanes occurred close to
the end of the fiscal year, and the obligations for recovery and mitigation activities do not occur the end of the fiscal year, and the obligations for recovery and mitigation activities do not occur
immediately. immediately.
Disaster relief appropriations continue to pay the costs of recovery from catastrophic incidents for
Disaster relief appropriations continue to pay the costs of recovery from catastrophic incidents for
years after they occur. For example, in years after they occur. For example, in
FY2020FY2021, FEMA obligated , FEMA obligated
$23.9 billion almost $12.6 bil ion in DRF
in DRF funding funding
for ongoing recovery from past catastrophic disastersfor ongoing recovery from past catastrophic disasters
(not including the COVID-19 pandemic), including almost $, including almost $
16.4 billion 9.4 bil ion for the four for the four
2017 events mentioned above, $2017 events mentioned above, $
336 million 569 mil ion for Hurricane Sandy (2012) and $for Hurricane Sandy (2012) and $
124 million69 mil ion for for
costs from hurricanes Katrina, Rita, and Wilma costs from hurricanes Katrina, Rita, and Wilma
(2005).
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Figure 4(2005).
92 FEMA’s projected cost data cannot be consistently deflated to a constant dollar value. The $45 billion provided in the CARES Act and COVID-19 obligations are excluded from this analysis as their scale masks the trend line of obligations from prior-year catastrophic incidents.
93 Due to the novel uses of the Stafford Act and DRF resources for the COVID-19 response, FY2020 is an outlier year that does not reflect the overall trend of DRF appropriations and obligations, and projections of total costs for COVID-19 response and recovery from the DRF are incomplete at best as the situation continues to evolve.
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Figure 3. Catastrophic Disaster Costs, DRF Appropriations and Obligations
(FY2000-FY2019)
(FY2000-FY2019)
Source: CRS analysis of FEMA data reflected CRS analysis of FEMA data reflected
inin Table 1 and provided via emailand provided via email
to CRS in October 2020. to CRS in October 2020.
Notes: DRF appropriations totals reflect the impacts of rescissions DRF appropriations totals reflect the impacts of rescissions
and legislativelyand legislatively
directed transfers. Due to directed transfers. Due to
the nature of the data presented, the information in the figure representsthe nature of the data presented, the information in the figure represents
nominal dol ars.nominal dol ars.
Obligations are net of Obligations are net of
deobligations. deobligations.
Programmatic Changes in Disaster Relief
Over the long term, alterations to the scope of federal disaster relief programs affect the type and
Over the long term, alterations to the scope of federal disaster relief programs affect the type and
level of federal spending when disasters occur. level of federal spending when disasters occur.
InitiallyInitial y, the first appropriation for disaster relief , the first appropriation for disaster relief
and the Disaster Relief Act of 1950 authorized funding to repair local public facilities at the and the Disaster Relief Act of 1950 authorized funding to repair local public facilities at the
President’s discretion. As the brief history above relates, the federal program for general disaster President’s discretion. As the brief history above relates, the federal program for general disaster
relief has evolved into a much broader program, of which local public facilities is only one facet. relief has evolved into a much broader program, of which local public facilities is only one facet.
This evolution has occurred
This evolution has occurred
graduallygradual y. Some of this evolution was the result of incorporating . Some of this evolution was the result of incorporating
assistance offered in response to specific disasters in the 1960s and 1970s into the general relief assistance offered in response to specific disasters in the 1960s and 1970s into the general relief
programs under the Stafford Act. Additional changes were brought about by the broadening of the programs under the Stafford Act. Additional changes were brought about by the broadening of the
federal role in federal role in
smallersmal er-scale incidents, as -scale incidents, as
well wel as proactive declarations prior to potential disasters as proactive declarations prior to potential disasters
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1517 The Disaster Relief Fund: Overview and Issues
to reduce their impact. In addition, disaster relief programs funded through the DRF now include
to reduce their impact. In addition, disaster relief programs funded through the DRF now include
disaster mitigation programs that are not limited to mitigating the type of disaster that triggered disaster mitigation programs that are not limited to mitigating the type of disaster that triggered
them, but are also intended to reduce the impact (and by extension, the cost) of disasters over the them, but are also intended to reduce the impact (and by extension, the cost) of disasters over the
long term. long term.
The impacts of programmatic expansions are reflected i
The impacts of programmatic expansions are reflected i
n Figure 2,3, with the trend of increased with the trend of increased
general disaster relief appropriations on a general disaster relief appropriations on a
small smal scale associated with expansions under the scale associated with expansions under the
Disaster Relief Act of 1969 and the Disaster Relief Act of 1970, and on a larger scale with the Disaster Relief Act of 1969 and the Disaster Relief Act of 1970, and on a larger scale with the
expansion of programs under the Disaster Relief and Emergency Assistance Amendments of expansion of programs under the Disaster Relief and Emergency Assistance Amendments of
1988. While the decrease in disaster activities in the 1980s reduced the annual demand for 1988. While the decrease in disaster activities in the 1980s reduced the annual demand for
disaster relief appropriations, once the number of declared disasters rose again, and emergencies disaster relief appropriations, once the number of declared disasters rose again, and emergencies
and mitigationand mitigation
also drew on DRF resources, demand for those resources grew rapidly. also drew on DRF resources, demand for those resources grew rapidly.
Programmatic broadening in general disaster relief has continued in the 21st century. It remains to
Programmatic broadening in general disaster relief has continued in the 21st century. It remains to
be seen if the unprecedented use of the Stafford Act to support COVID-19 response, including be seen if the unprecedented use of the Stafford Act to support COVID-19 response, including
expansions of unemployment assistance beyond state unemployment eligibility, expansions of unemployment assistance beyond state unemployment eligibility,
will wil become a become a
regular application of DRF resources. For a more detailed discussion of changes to authorized regular application of DRF resources. For a more detailed discussion of changes to authorized
programs, see programs, see
“1966-1974: The Disaster Relief Act of 1966—General Relief Broadens” and and
“1974-Present: The Era of FederallyFederal y Coordinated Emergency Management.””
Changes in the Budget Process
Changes in congressional budget processes have at times been discussed as a means of limiting
Changes in congressional budget processes have at times been discussed as a means of limiting
the budgetary impact of disaster relief spending. However, the budget controls that have been the budgetary impact of disaster relief spending. However, the budget controls that have been
approved and implemented approved and implemented
generallygeneral y have been provided with provisions to ensure disaster relief have been provided with provisions to ensure disaster relief
budget authority remains availablebudget authority remains available
if needed. if needed.
Prior to 1985, Congress provided appropriations to fund the federal government without specific
Prior to 1985, Congress provided appropriations to fund the federal government without specific
statutory limitations on statutory limitations on
overall overal spending. The 1985 Balanced Budget and Emergency Deficit spending. The 1985 Balanced Budget and Emergency Deficit
Control Act put limits on deficit spending in place. The Budget Enforcement Act of 1990 placed Control Act put limits on deficit spending in place. The Budget Enforcement Act of 1990 placed
express limits on discretionary spending for the first time. express limits on discretionary spending for the first time.
The 1990 act also provided an exception to those limits,
The 1990 act also provided an exception to those limits,
allowingal owing Congress, together with the Congress, together with the
President, to declare certain spending to be an emergency requirement, and therefore not subject President, to declare certain spending to be an emergency requirement, and therefore not subject
to those limits. This was used to provide additional appropriations for disaster relief. Although the to those limits. This was used to provide additional appropriations for disaster relief. Although the
original set of discretionary limits expired, the emergency spending designation has continued as original set of discretionary limits expired, the emergency spending designation has continued as
part of the appropriations process. part of the appropriations process.
In 2011, the Budget Control Act (P.L. 112-25
In 2011, the Budget Control Act (P.L. 112-25
, BCA) not only reestablished statutory spending limits, ) not only reestablished statutory spending limits,
but also provided a special designation for the costs of major disasters, in addition to the but also provided a special designation for the costs of major disasters, in addition to the
emergency designation. The amount of funding that can be designated as disaster relief—defined emergency designation. The amount of funding that can be designated as disaster relief—defined
as spending pursuant to a major disaster declaration—is limited by a formula based on past as spending pursuant to a major disaster declaration—is limited by a formula based on past
spending on disaster relief. It is not a restriction on how much can be spent on disasters, spending on disaster relief. It is not a restriction on how much can be spent on disasters,
however—funding in excess of the however—funding in excess of the
allowableal owable adjustment for disaster relief is adjustment for disaster relief is
still eligible stil eligible for an for an
emergency designation. This formula was adjusted by the Bipartisan Budget Act of 2018 to emergency designation. This formula was adjusted by the Bipartisan Budget Act of 2018 to
account for emergency-designated spending on disasters. The special designation for disaster account for emergency-designated spending on disasters. The special designation for disaster
spending expires along with the discretionary spending limits in 2021. spending expires along with the discretionary spending limits in 2021.
The impact of these changes in the budget process on disaster relief appropriations appears to be
The impact of these changes in the budget process on disaster relief appropriations appears to be
limited to the structure of the total appropriations, rather than the amount. The Congressional limited to the structure of the total appropriations, rather than the amount. The Congressional
Budget Office (CBO) noted that in the 1970s, “about 5%” of supplemental funding was for Budget Office (CBO) noted that in the 1970s, “about 5%” of supplemental funding was for
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3034 The Disaster Relief Fund: Overview and Issues
disasters.
disasters.
9497 In a report reviewing supplemental appropriations enacted during the 1980s, CBO In a report reviewing supplemental appropriations enacted during the 1980s, CBO
indicated that number indicated that number
fell fel to less than 1%.to less than 1%.
9598 This can be attributed to the drop in disaster activity This can be attributed to the drop in disaster activity
discussed above. In a similar report on the 1990s, CBO observed an increase in the use of discussed above. In a similar report on the 1990s, CBO observed an increase in the use of
supplemental appropriations to provide disaster relief, noting the following: supplemental appropriations to provide disaster relief, noting the following:
[I]n the 1990s, Presidents Bush and Clinton tended to request—and the Congress tended
[I]n the 1990s, Presidents Bush and Clinton tended to request—and the Congress tended
to provide in regular appropriations—less thanto provide in regular appropriations—less than
what what would eventually be spent in those would eventually be spent in those
disaster-related accounts. (Some observers say the underfunding was an effort to keep total disaster-related accounts. (Some observers say the underfunding was an effort to keep total
appropriations under the [budget enforcement] caps.) When a disaster or emergency arose, appropriations under the [budget enforcement] caps.) When a disaster or emergency arose,
thethe
Congress enacted supplemental appropriations during the fiscal year, usually at Congress enacted supplemental appropriations during the fiscal year, usually at the the
request of the President. That supplemental funding was designated emergency spending request of the President. That supplemental funding was designated emergency spending
and was therefore not counted under the discretionary spending caps.and was therefore not counted under the discretionary spending caps.
9699
Figure 1 and2 and Figure 23 do not show a distinct impact of budget controls on the do not show a distinct impact of budget controls on the
overall overal level of level of
disaster spending. However, they do show an increase in the amount of funding provided in disaster spending. However, they do show an increase in the amount of funding provided in
annual appropriations versus supplemental appropriations starting in FY2012. The addition of the annual appropriations versus supplemental appropriations starting in FY2012. The addition of the
disaster relief designation under the disaster relief designation under the
Budget Control Act BCA enabled higher funding levels for enabled higher funding levels for
disasters in the annual appropriations disasters in the annual appropriations
billsbil s, as disaster relief-designated appropriations did not , as disaster relief-designated appropriations did not
compete with other compete with other
appropriations for limited discretionary resources, either within the appropriations for limited discretionary resources, either within the
allocationsal ocations provided to the subcommittee funding FEMA, or within the provided to the subcommittee funding FEMA, or within the
overall overal discretionary discretionary
spending limit. In the early years of the disaster relief designation, this increased annual funding spending limit. In the early years of the disaster relief designation, this increased annual funding
also reduced the frequency also reduced the frequency
and urgency of supplemental appropriations for the DRF. and urgency of supplemental appropriations for the DRF.
However, Congress has provided emergency-designated relief for catastrophic disasters in
However, Congress has provided emergency-designated relief for catastrophic disasters in
supplemental appropriations, whether statutory budget controls were in place or not.supplemental appropriations, whether statutory budget controls were in place or not.
Figure 45 shows funding for the DRF from FY2004 through shows funding for the DRF from FY2004 through
FY2020FY2021, showing, for each fiscal , showing, for each fiscal
year, the breakdown between annual and supplemental appropriations, then the year, the breakdown between annual and supplemental appropriations, then the
breakdownbreakdow n of of
funding provided within budget limitationsfunding provided within budget limitations
(discretionary spending) and beyond budget (discretionary spending) and beyond budget
limitationslimitations
(disaster relief and emergency designated spending). It shows the pre-BCA usage of (disaster relief and emergency designated spending). It shows the pre-BCA usage of
the emergency designation to cover supplemental appropriations for the DRF, and the usage of the emergency designation to cover supplemental appropriations for the DRF, and the usage of
the disaster relief designation to cover increased DRF annual appropriations, beginning in the disaster relief designation to cover increased DRF annual appropriations, beginning in
FY2013. FY2013.
94 Congressional Budget It also shows the first mandatory supplemental spending for the DRF—$50 bil ion through the American Rescue Plan Act (P.L. 117-2) in FY2021—which is subject to different
controls than discretionary appropriations.
97 Congressional Budget Office, Office,
Supplemental Appropriations in the 1970s, Staff Working Paper, Washington, DC, , Staff Working Paper, Washington, DC,
JulyJuly
1981, p. xiv, https://www.cbo.gov/publication/15398. 1981, p. xiv, https://www.cbo.gov/publication/15398.
9598 Congressional Budget Congressional Budget
Office, Office,
Supplemental Appropriations in the 1980s, Washington, DC, February 1, 1990, pp. 29, , Washington, DC, February 1, 1990, pp. 29,
32, https://www.cbo.gov/publication/17127. 32, https://www.cbo.gov/publication/17127.
9699 Congressional Budget Congressional Budget
Office, Office,
Supplemental Appropriations in the 1990s, Washington, DC, March 2001, p. 13, , Washington, DC, March 2001, p. 13,
https://www.cbo.gov/publication/12999. https://www.cbo.gov/publication/12999.
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Figure 45. DRF Annual and Supplemental Appropriations Within and Beyond
Discretionary Spending Limits, FY2004-FY2020 FY2021
Source: CRS analysis of DRF appropriations database. CRS analysis of DRF appropriations database.
Notes: Does not show the impact of transfers or rescissions. Does not show the impact of transfers or rescissions.
FY2013 data does not include the impact of FY2013 data does not include the impact of
sequestration. sequestration.
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Budgeting Practices for Disaster Relief
Management of Disaster Relief Funds
The responsibility for managing DRF appropriations has shifted among agencies as the general The responsibility for managing DRF appropriations has shifted among agencies as the general
disaster relief function has grown. In March 1951, President Truman disaster relief function has grown. In March 1951, President Truman
initiallyinitial y delegated the
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delegated the authority for directing federal agencies in a disaster to the Housing and Home Finance authority for directing federal agencies in a disaster to the Housing and Home Finance
Administrator at the Department of Housing and Urban Development (HUD);Administrator at the Department of Housing and Urban Development (HUD);
97100 then in January then in January
1953 the responsibility was shifted to the Federal Civil1953 the responsibility was shifted to the Federal Civil
Defense AdministrationDefense Administration
in the Department in the Department
of Defense (DOD).of Defense (DOD).
98101 In 1961, the authority was moved within the department to the Office of In 1961, the authority was moved within the department to the Office of
CivilCivil
Defense Mobilization, which had its name changed in 1961 to the Office of Emergency Defense Mobilization, which had its name changed in 1961 to the Office of Emergency
Planning, and changed again in 1968 to the Office of Emergency Preparedness.Planning, and changed again in 1968 to the Office of Emergency Preparedness.
99102 It remained It remained
with with
that office until its abolishment in 1973, when disaster relief powers were transferred from DOD that office until its abolishment in 1973, when disaster relief powers were transferred from DOD
back to HUD, where those powers were exercised by the Federal Disaster Assistance back to HUD, where those powers were exercised by the Federal Disaster Assistance
Administration (FDAA).Administration (FDAA).
100 103
Although management responsibilities were vested in various parts of the federal bureaucracy,
Although management responsibilities were vested in various parts of the federal bureaucracy,
appropriations for general disaster relief were provided directly to the Executive Office of the appropriations for general disaster relief were provided directly to the Executive Office of the
President from FY1948 through FY1973. For FY1974, funds were President from FY1948 through FY1973. For FY1974, funds were
still stil described as “Funds described as “Funds
Appropriated to the President,” but they were provided within HUD’s appropriations.Appropriated to the President,” but they were provided within HUD’s appropriations.
101 104
1978: The Creation of the Federal Emergency Management Agency
In 1978, responding to support for a more cohesive emergency management structure at the
In 1978, responding to support for a more cohesive emergency management structure at the
federal level, President Jimmy Carter issued Reorganization Plan #3, which created the Federal federal level, President Jimmy Carter issued Reorganization Plan #3, which created the Federal
Emergency Management Agency (FEMA). At the time, disaster relief functions were vested in Emergency Management Agency (FEMA). At the time, disaster relief functions were vested in
three agencies: the FDAA (at HUD, managing general federal disaster relief), the Federal three agencies: the FDAA (at HUD, managing general federal disaster relief), the Federal
Preparedness Agency (FPA—part of the General Services Administration); and the Defense Civil Preparedness Agency (FPA—part of the General Services Administration); and the Defense Civil
Preparedness Agency (DCPA—part of the Department of Defense). This was the first time that Preparedness Agency (DCPA—part of the Department of Defense). This was the first time that
emergency management functions at the national level were expressly centralized into a single emergency management functions at the national level were expressly centralized into a single
federal agency. FEMA had a three-part role: federal agency. FEMA had a three-part role:
Mobilizing
Mobilizing
federal resources, federal resources,
Coordinating federal efforts with state and local governments, and Coordinating federal efforts with state and local governments, and
Managing the efforts of the public and private sectors in disaster responses. Managing the efforts of the public and private sectors in disaster responses.
FY1980 was the first year appropriations for “Disaster Relief” were provided to FEMA.
FY1980 was the first year appropriations for “Disaster Relief” were provided to FEMA.
Calculation of the Annual Appropriations Request
A review of selected FEMA budget justifications shows how the executive branch has discussed
A review of selected FEMA budget justifications shows how the executive branch has discussed
its decision concerning how much to request for disaster relief. its decision concerning how much to request for disaster relief.
97 Harry S. Truman
“Past Experience” and Various Averages
In the early 1980s (1983-1985), FEMA provided justifications for the Disaster Relief
appropriation that included management and coordination, individual assistance, and public assistance activities. These activities were also supported under the Emergency Management Planning and Assistance appropriation and the Salaries and Expenses appropriation for FEMA. These justifications noted that actual disaster relief requirements were based on unpredictable 100 Harry S. T ruman, Executive Order 10221, “Providing for the Administration of Disaster Relief,” March 2, 1951. , Executive Order 10221, “Providing for the Administration of Disaster Relief,” March 2, 1951.
98101 Harry S. Harry S.
Truman T ruman, Executive Order 10427, “Administration of Disaster Relief,” January 16, 1953., Executive Order 10427, “Administration of Disaster Relief,” January 16, 1953.
99 CRS 102 CRS Report 78-102, Report 78-102,
Emergency Preparedness and Disaster Assistance: Federal Organization and ProgramsProgram s, by , by
Clark F. Norton, April 18, 1978, p. CRS-37. Clark F. Norton, April 18, 1978, p. CRS-37.
100103 Norton, p. CRS-38. Norton, p. CRS-38.
101104 After FY1986, the “Funds Appropriated to the President” heading fell out of use. After FY1986, the “Funds Appropriated to the President” heading fell out of use.
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“Past Experience” and Various Averages
In the early 1980s (1983-1985), FEMA provided justifications for the Disaster Relief appropriation that included management and coordination, individual assistance, and public assistance activities. These activities were also supported under the Emergency Management Planning and Assistance appropriation and the Salaries and Expenses appropriation for FEMA. These justifications noted that actual disaster relief requirements were based on unpredictable external factors. The FY1984 justification noted, “The budget requests mentioned are based on external factors. The FY1984 justification noted, “The budget requests mentioned are based on
average projection of disaster occurrence. Any significant change from the projected totals, average projection of disaster occurrence. Any significant change from the projected totals,
through either more or larger size incidents, could generate an increased request.”through either more or larger size incidents, could generate an increased request.”
102105
However, despite that uncertainty, a request for a specific budget number leads to questions about
However, despite that uncertainty, a request for a specific budget number leads to questions about
the basis for that particular number. In the FY1986 process, FEMA explicitly noted it was the basis for that particular number. In the FY1986 process, FEMA explicitly noted it was
projecting its anticipated need “on the basis of past experience with disasters.”projecting its anticipated need “on the basis of past experience with disasters.”
103106 Between Between
September 1984, when FEMA submitted its budget request to the Office of Management and September 1984, when FEMA submitted its budget request to the Office of Management and
Budget for review, and February 1985, when the budget justification was provided to Congress, Budget for review, and February 1985, when the budget justification was provided to Congress,
additional
additional “experience” was apparently accumulated that reduced the projected demand for “experience” was apparently accumulated that reduced the projected demand for
disaster relief from $350 disaster relief from $350
million to $275 million.104mil ion to $275 mil ion.107
By the FY1989 appropriations cycle, the language justifying the request had evolved into “an
By the FY1989 appropriations cycle, the language justifying the request had evolved into “an
assessment of historical averages,” and included specific data on the average annual disaster relief assessment of historical averages,” and included specific data on the average annual disaster relief
obligations for a seven-year period,obligations for a seven-year period,
105 as well 108 as wel as the disaster relief obligations for the most as the disaster relief obligations for the most
recently concluded fiscal year. The budget justification then included a request, noting the request recently concluded fiscal year. The budget justification then included a request, noting the request
and the projected obligation data that justified it included $30 and the projected obligation data that justified it included $30
million mil ion in savings through in savings through
unspecified “legislativeunspecified “legislative
and administrative reforms.”and administrative reforms.”
106109
As has been noted before, by the late 1980s and into the 1990s, concerns about deficit spending
As has been noted before, by the late 1980s and into the 1990s, concerns about deficit spending
led to the discussion of budget controls, and ultimately their implementation. led to the discussion of budget controls, and ultimately their implementation.
The FY1992 request highlighted the difficulty in simply using averages of past obligations.
The FY1992 request highlighted the difficulty in simply using averages of past obligations.
According to the justification, the average annual obligation from 1981 to 1989 of $270 According to the justification, the average annual obligation from 1981 to 1989 of $270
millionmil ion was exceeded by the FY1990 obligation of over $2 was exceeded by the FY1990 obligation of over $2
billion bil ion for costs related to Hurricane for costs related to Hurricane
Hugo107 Hugo110
and the Loma Prieta earthquake.and the Loma Prieta earthquake.
108
102111
The FY1994 request included a great deal of information on prior-year activities, discussing these elements in the context of average levels of obligations, and noting the impact of larger disasters
in prior years, but did little to specifical y justify the request level of $292 mil ion.112
Five-Year Averages (With Exceptions)
For FY1995, the budget discussion evolved, as FEMA justified the request on the basis of the first five years of activities under the Stafford Act, and the series of major disasters that had
105 Federal Emergency Management Agency, Federal Emergency Management Agency,
Justification of Estimates, Fiscal Year 1984 (submitted to Congress), (submitted to Congress),
January 1983, p. DR-7. January 1983, p. DR-7.
103106 Federal Emergency Management Agency, Federal Emergency Management Agency,
Justification of Estimates, Fiscal Year 1986 (submitted to Office of (submitted to Office of
Management and Budget), September 1984, p. DR-2; and Federal Emergency Management Agency, Management and Budget), September 1984, p. DR-2; and Federal Emergency Management Agency,
Justification of
EstimatesEstim ates, Fiscal Year 1986 (submitted to Congress), February (submitted to Congress), February
1985, p. DR-2. 1985, p. DR-2.
104107 Ibid. Ibid.
105 The108 T he data for this average went back to 1981, when cost data for this average went back to 1981, when cost
-sharing measures-sharing measures
were first applied to the public assistance were first applied to the public assistance
program. Adoption of those measures wouldprogram. Adoption of those measures would
have affected the baselinehave affected the baseline
level of spending from the DRF.level of spending from the DRF.
106
109 Federal Emergency Management Agency, Federal Emergency Management Agency,
Justification of Estimates, Fiscal Year 1989 (submitted to Congress), (submitted to Congress),
Washington, DC, FebruaryWashington, DC, February
1988, p. DR-2. 1988, p. DR-2.
107110 Hurricane Hugo occurred Hurricane Hugo occurred
late in FY1989 (making landfall on September 22), so most of its disaster relief costs were late in FY1989 (making landfall on September 22), so most of its disaster relief costs were
reflected in FY1990. reflected in FY1990.
108111 Federal Emergency Management Agency, Federal Emergency Management Agency,
Justification of Estimates, Fiscal Year 1992 (submitted to Congress), (submitted to Congress),
Washington, DC, FebruaryWashington, DC, February
1991, p. DR-2.
112 Federal Emergency Management Agency, Justification of Estimates, Fiscal Year 1994 (submitted to Congress), Washington, DC, March 1993, p. DR-3.
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struck.1131991, p. DR-2.
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The FY1994 request included a great deal of information on prior-year activities, discussing these elements in the context of average levels of obligations, and noting the impact of larger disasters in prior years, but did little to specifically justify the request level of $292 million.109
Five-Year Averages (With Exceptions)
For FY1995, the budget discussion evolved, as FEMA justified the request on the basis of the first five years of activities under the Stafford Act, and the series of major disasters that had struck.110 The use of the five-year average continued through the 1990s and early 2000s, with The use of the five-year average continued through the 1990s and early 2000s, with
disaster support costs—the costs of maintaining disaster response capabilities that are not disaster support costs—the costs of maintaining disaster response capabilities that are not
attributable to a specific disaster—included as attributable to a specific disaster—included as
wellwel . Certain very large disasters were not included . Certain very large disasters were not included
in the average. For example, for FY1999, FEMA explicitlyin the average. For example, for FY1999, FEMA explicitly
excluded the costs of the 1994 excluded the costs of the 1994
Northridge earthquake, plus disaster support costs.Northridge earthquake, plus disaster support costs.
111114 For FY2003, not only were the ongoing For FY2003, not only were the ongoing
recovery costs from Northridge excluded from the average, but so were the impacts of the 9/11 recovery costs from Northridge excluded from the average, but so were the impacts of the 9/11
terrorist attacks. terrorist attacks.
By FY2009, the justification had again evolved:
By FY2009, the justification had again evolved:
“Coupled with funding from recoveries of prior “Coupled with funding from recoveries of prior
year obligations and unobligated funds carried forward, the appropriation request year obligations and unobligated funds carried forward, the appropriation request
will wil fund the fund the
five-year average obligation levelfive-year average obligation level
for direct disaster activity (excluding extraordinary events, such for direct disaster activity (excluding extraordinary events, such
as the terrorist attack of September 11, 2001, the 2004 hurricanes in Florida and other states, and as the terrorist attack of September 11, 2001, the 2004 hurricanes in Florida and other states, and
Hurricanes Katrina, Rita, and Wilma in 2005 and 2006 and excluding disaster readiness and Hurricanes Katrina, Rita, and Wilma in 2005 and 2006 and excluding disaster readiness and
support functions).”support functions).”
112115 In FY2011, the Administration simplified the request language by referring In FY2011, the Administration simplified the request language by referring
to disasters that cost less than $500 to disasters that cost less than $500
millionmil ion as “non-catastrophic disaster activity.” That year, in as “non-catastrophic disaster activity.” That year, in
addition to the request for the DRF based on the five-year average of “non-catastrophic” disaster addition to the request for the DRF based on the five-year average of “non-catastrophic” disaster
relief obligations, the Administration made a concurrent request for $3.6 relief obligations, the Administration made a concurrent request for $3.6
billionbil ion for the costs of for the costs of
prior catastrophic storms and wildfires. prior catastrophic storms and wildfires.
The Budget Control Act Era: Ten-Year Averages, Reserves, and Flexibility
The 2010s saw continued debate on deficit spending, coupled with a continuing desire to fund The 2010s saw continued debate on deficit spending, coupled with a continuing desire to fund
disaster relief programs. When Congress passed the Budget Control Act of 2011 (P.L. 112-25disaster relief programs. When Congress passed the Budget Control Act of 2011 (P.L. 112-25
; BCA), it ), it
created statutory caps on spending as created statutory caps on spending as
well wel as a special mechanism to exempt some of the as a special mechanism to exempt some of the
costs of costs of
major disasters from those caps. (See major disasters from those caps. (See
“Changes in the Budget Process” ” for details.) for details.)
A $500
A $500
million mil ion reserve fund was included in the Administration’s budget request for FY2012. reserve fund was included in the Administration’s budget request for FY2012.
This was intended to help ensure resources were available on short notice in hurricane season.This was intended to help ensure resources were available on short notice in hurricane season.
113116 This rose to $1 This rose to $1
billion bil ion in FY2015. For FY2019, the reserve request increased to $2 in FY2015. For FY2019, the reserve request increased to $2
billion “due to
109 Federal Emergency Management Agency, Justification of Estimates, Fiscal Year 1994 (submitted to Congress), Washington, DC, March 1993, p. DR-3.
110bil ion “due to the uncertainty around the availability of additional supplemental funding to continue addressing
the 2017 hurricanes.”117
In FY2013, FEMA shifted from using a 5-year average to using a 10-year average of non-catastrophic obligations, plus the estimated requirements for past major disasters, plus the
reserve, as the basis for their overal DRF request.118
113 Federal Emergency Management Agency, Federal Emergency Management Agency,
Justification of Estimates, Fiscal Year 1995 (submitted to Congress), (submitted to Congress),
Washington, DC, FebruaryWashington, DC, February
1994, pp. DR-2, DR-3. It also made special note that the budget justification had been 1994, pp. DR-2, DR-3. It also made special note that the budget justification had been
developed prior to the January 17, 1994 earthquake in Northridge, California, and that a supplemental appropriation developed prior to the January 17, 1994 earthquake in Northridge, California, and that a supplemental appropriation
request of $4.7 billion had already been sent to Congress. request of $4.7 billion had already been sent to Congress.
111114 Federal Emergency Management Agency, Federal Emergency Management Agency,
Justification of Estimates, Fiscal Year 1999 (submitted to Congress), (submitted to Congress),
Washington, DC, FebruaryWashington, DC, February
1998, pp. DR-8, DR-13, DR-23. 1998, pp. DR-8, DR-13, DR-23.
112115 Department of Homeland Security, Department of Homeland Security,
Disaster Relief Fund, Fiscal Year 2009 Congressional Budget Justification , ,
FederalFederal
Emergency Management Agency, Washington, DC, 2008, pp. FEMA (DRF) 1Emergency Management Agency, Washington, DC, 2008, pp. FEMA (DRF) 1
, https://www.dhs.gov/sites/default/files/publications/budget_fy2009.pdf.
113. FEMA budget justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget. 116 Department of Homeland Security, Department of Homeland Security,
Disaster Relief Fund, Fiscal Year 2012 Congressional Budget Justification , ,
FederalFederal
Emergency Management Agency, Washington, DC, 2011, pp. DRF-5, DRF-6Emergency Management Agency, Washington, DC, 2011, pp. DRF-5, DRF-6
, https://www.dhs.gov/sites/default/files/publications/dhs-congressional-budget-justification-fy2012.pdf.
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the uncertainty around the availability of additional supplemental funding to continue addressing the 2017 hurricanes.”114
In FY2013, FEMA shifted from using a 5-year average to using a 10-year average of non-catastrophic obligations, plus the estimated requirements for past catastrophic disasters, plus the reserve, as the basis for their overall DRF request.115
When the DRF Runs Low
At times, the balance in the DRF has dropped to a point that raised concerns about the availability of adequate resources in the DRF to fund Stafford Act programs in the face of disasters. When this occurs, FEMA implements “Immediate Needs Funding” (INF) restrictions, which allow FEMA to prioritize, to an extent, obligation of funds for short-term requirements from the DRF. These INF restrictions do not affect individual assistance, or public assistance programs that reimburse emergency response work and protective measures carried out by state and local authorities—it temporarily puts on hold funding for long-term recovery projects and hazard mitigation projects that FEMA does not have in its system.116 The most recent example of INF restrictions as of this report was in August 2017, when Hurricane Harvey hit Texas, and Hurricane Irma was anticipated to strike U.S. interests. FEMA initiated immediate needs funding on August 28, 2017, as the unobligated balance in the DRF fell below $2.8 bil ion in the middle of responses to multiple major disasters.117 FEMA lifted the restriction on October 2, 2017, when the DRF was replenished by a $7.4 bil ion supplemental enacted on September 8, 2017 (P.L. 115-56, Division B), and by the release of additional budget authority pursuant to a continuing resolution (P.L. 115-56, Division D, §129).118 Prior to that implementation, INF restrictions were put into place in each year from FY2003 through FY2006, as well as FY2010.
Emergency Contingency Funding and Reserve Funds
At times, the Administration and Congress have examined methods of speeding up or broadening the availability of funds to address emergencies and disasters by changing how they were appropriated. Examples of this include the use of contingent appropriations and the proposal to establish a reserve fund for disaster relief.
Contingent Appropriations
In some of its first exercises of the emergency designation, Congress chose to provide a portion of the appropriation for the DRF as emergency-designated budget authority contingent on the Administration specifically requesting the additional funds and designating them as an emergency requirement. An example of this structure can be found in P.L. 103-75, a supplemental appropriations bill for FY1993:
For an additional amount for ‘‘Disaster relief”, $1,735,000,000, and in addition, $265,000,000, which shall be available only to the extent an official budget request for a
114 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2019 Congressional Budget Justification, Federal Emergency Management Agency, Washington, DC, February 2018, p. FEMA-DRF-3, https://www.dhs.gov/sites/default/files/publications/Federal%20Emergency%20Management%20Agency.pdf.
115 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2013 Congressional Budget Justification, Federal Emergency Management Agency, Washington, DC, 2012, pp. DRF-5, DRF-6, https://www.dhs.gov/sites/default/files/publications/dhs-congressional-budget-justification-fy2013.pdf.
116 https://www.fema.gov/blog/2011-08-29/setting-record-straight-about-femas-disaster-fund. 117 Email to CRS from FEMA Legislative Affairs, August 29, 2017. 118 Federal Emergency Management Agency, “FEMA Congressional Advisory: Immediate Needs Funding (INF) Update,” press release, October 2, 2017.
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specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to Congress, to remain available until September 30, 1997, for the Midwest floods and other disasters: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and title I, chapter II, of Public Law 102-229.119
The FY2002 annual disaster relief appropriation was the last annual appropriation that included this type of contingent appropriation.
Reserve Funds
While appropriations requests for the DRF for many years included a special appropriated reserve within the DRF for unanticipated catastrophic disasters, the concept of a budgetary reserve fund outside the DRF has also been proposed in the past, which would enable appropriations for broader non-Stafford disaster relief initiatives.
In FY2002, alongside a request for the DRF that included disaster support costs and funding for prior-year disasters, the Administration proposed the creation a of $5.6 billion National Emergency Reserve allowance to support the costs of “significant new disasters.” The DRF, the Small Business Administration (SBA) Disaster Loan Program, and wildfire programs at the Department of Agriculture and Department of the Interior would have been the primary recipients of this funding.120 The annual reserve would have been established in the budget resolution, and based on the average annual spending on “extraordinarily large events.” It would have been allocated to the appropriations subcommittees to fund presidential requests for emergency requirements if two criteria were met: “the events were sudden, urgent, unforeseen, and not permanent; and adequate funding for a normal year has been provided for the applicable program by the Appropriations Committees.” Unused reserve amounts could be rolled over into the next year.121 The proposal was not adopted.
Rescissions and the DRF
Rescissions are cancellations of previously appropriated budget authority. They are made at times to redirect unobligated balances to other purposes through further appropriation, or to offset a portion of the cost of the legislation that carried them. From the establishment of the DRF in FY1948 through FY2003, rescissions were made three times from the DRF.122 From FY2004 through the present day, rescissions have been made 10 times.
Five of the 10 occurred before the enactment of the BCA:
In FY2004, $225 million of an earlier $500 million supplemental appropriation to
the DRF was rescinded as an offset for federal funding for certain wildfire costs in California.123
119 107 Stat. 750. 120 Federal Emergency Management Agency, Justification of Estimates, Fiscal Year 2002 (submitted to Congress), Washington, DC, 2001, pp. DR-6, DR-7.
121 Office of Management and Budget, Analytical Perspectives, Budget Enforcement Act Preview Report, FY2002, Executive Office of the President, Washington, DC, 2001, p. 243.
122 P.L. 97-12; P.L. 100-6; and P.L. 104-134. 123 P.L. 108-199, Division H, §102.
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In FY2006, over $23.4 billion of $60 billion in gross appropriations for the DRF
was rescinded and reappropriated to other disaster recovery programs across the government.124
In FY2008 and FY2009, three rescissions of DRF funding for the Hazard
Mitigation Program for the state of Mississippi were made to pay for a grant for the state to purchase and deploy an interoperable communications system.125
With the restructuring of the DRF appropriation under the BCA, FEMA faced a new challenge. Periodically, obligated funds that were no longer needed or eligible to be used for their original purpose would be “deobligated” and returned to the DRF for use. It was unclear whether those deobligated funds should be assigned to the base, or to the costs of major disasters. Deobligated funds that had been appropriated without a designation were ultimately considered to be a part of the base, as they were appropriated without a specified intent.
These were not insignificant amounts—in FY2013, FEMA recovered $910 million.126 Because . FEMA budget justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget.
117 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2019 Congressional Budget Justification , Federal Emergency Management Agency, Washington, DC, February 2018, p. FEMA -DRF-3. FEMA budget justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget . 118 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2013 Congressional Budget Justification ,
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The Post-BCA Era: Current Practices
The FY2022 budget proposed by the Biden Administration was similar to the FY2021 Trump
Administration budget proposal in its calculation for the DRF appropriations request.
To calculate the anticipated need for the DRF base, the request relied on:
The ten-year historical average of the non-pay costs of
emergency declarations, Fire Management Assistance Grants, and pre-disaster surge activities,
plus spend plan information for Disaster Readiness and Support Activities, and the five-year historical average for pay costs.119
Given the large unobligated balance in the DRF base, there was no request for additional
resources to cover the estimated $668 mil ion needed for FY2022. For the costs of major disasters, the request relied on:
The ten-year historical average of the non-pay costs of major disasters costing
less than $500 mil ion each,
plus the planned spending for past catastrophic disasters, and the five-year historical average for pay costs.
The Biden Administration proposed an additional $500 mil ion in the DRF specifical y for
mitigation grants for communities confronting climate change.120
As was noted earlier, the statutory al owable adjustment mechanism in the BCA expired at the end of FY2021, along with the BCA discretionary budget caps. In its FY2022 budget request, the Biden Administration proposed extending special budgetary treatment for disaster relief, and the
budget resolution accommodated this for FY2022.
When the DRF Runs Low
At times, the balance in the DRF has dropped to a point that raised concerns about the availability of adequate resources in the DRF to fund Stafford Act programs in the face of disasters. When this occurs, FEMA implements “Immediate Needs Funding” (INF) restrictions, which al ow FEMA to prioritize, to an extent, obligation of funds for short-term requirements from the DRF. These INF restrictions do not affect individual assistance, or public assistance programs that reimburse emergency response work and protective measures carried out by state and local authorities—it temporarily puts on hold funding for long-term recovery projects and hazard mitigation projects that FEMA does not have in its system.121
Federal Emergency Management Agency, Washington, DC, 2012, pp. DRF-5, DRF-6, FEMA budget justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget. 119 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2022 Congressional Budget Justification , Federal Emergency Management Agency, Washin gton, DC, 2021, FEMA-DRF-25 and 28. FEMA budget justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget .
120 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2022 Congressional Budget Justification , Federal Emergency Management Agency, Washington, DC, 2021, FEMA-DRF-35 and 38. FEMA budget justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget.
121 https://www.fema.gov/blog/2011-08-29/setting-record-straight-about-femas-disaster-fund.
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The most recent example of INF restrictions as of this report was in August 2017, when Hurricane Harvey hit Texas, and Hurricane Irma was anticipated to strike U.S. interests. FEMA initiated immediate needs fund ing on August 28, 2017, as the unobligated balance in the DRF fel below $2.8 bil ion in the middle of responses to multiple major disasters.122 FEMA lifted the restriction on October 2, 2017, when the DRF was replenished by a $7.4 bil ion supplemental enacted on September 8, 2017 (P.L. 115-56, Division B), and by the release of additional budget authority pursuant to a continuing resolution (P.L. 115-56, Division D, §129).123 Prior to that implementation, INF restrictions were put into place in each year from FY2003 through FY2006, as wel as FY2010.
Emergency Contingency Funding and Reserve Funds
At times, the Administration and Congress have examined methods of speeding up or broadening the availability of funds to address emergencies and disasters by changing how they were appropriated. Examples of this include the use of contingent appropriations and the proposal to
establish a reserve fund for disaster relief.
Contingent Appropriations
In some of its first exercises of the emergency designation, Congress chose to provide a portion of the appropriation for the DRF as emergency-designated budget authority contingent on the Administration specifical y requesting the additional funds and designating them as an emergency
requirement. An example of this structure can be found in P.L. 103-75, a supplemental
appropriations bil for FY1993:
For an additional amount for ‘‘Disaster relief”, $1,735,000,000, and in addition, $265,000,000, which shall be available only to the extent an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to Congress, to remain available until September 30, 1997, for the Midwest floods and other disasters: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and title I, chapter II, of Public Law 102-229.124
The FY2002 annual disaster relief appropriation was the last annual appropriation that included
this type of contingent appropriation.
Reserve Funds
While appropriations requests for the DRF for many years included a special appropriated reserve within the DRF for unanticipated catastrophic disasters, the concept of a budgetary reserve fund
outside the DRF has also been proposed in the past, which would enable appropriations for
broader non-Stafford disaster relief initiatives.
In FY2002, alongside a request for the DRF that included disaster support costs and funding for prior-year disasters, the Administration proposed the creation a of $5.6 bil ion National Emergency Reserve al owance to support the costs of “significant new disasters.” The DRF, the
122 Email to CRS from FEMA Legislative Affairs, August 29, 2017. 123 Federal Emergency Management Agency, “FEMA Congressional Advisory: Immediate Needs Funding (INF) Update,” press release, October 2, 2017. 124 107 Stat. 750.
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Smal Business Administration (SBA) Disaster Loan Program, and wildfire programs at the Department of Agriculture and Department of the Interior would have been the primary recipients of this funding.125 The annual reserve would have been established in the budget resolution, and based on the average annual spending on “extraordinarily large events.” It would have been al ocated to the appropriations subcommittees to fund presidential requests for emergency requirements if two criteria were met: “the events were sudden, urgent, unforeseen, and not
permanent; and adequate funding for a normal year has been provided for the applicable program by the Appropriations Committees.” Unused reserve amounts could be rolled over into the next
year.126 The proposal was not adopted.
Rescissions and the DRF
Rescissions are cancel ations of previously appropriated budget authority. They are made at times
to redirect unobligated balances to other purposes through further appropriation, or to offset a portion of the cost of the legislation that carried them. From the establishment of the DRF in FY1948 through FY2003, rescissions were made three times from the DRF.127 From FY2004
through the present day, rescissions have been made 10 times. Five of the 10 occurred before the enactment of the BCA:
In FY2004, $225 mil ion of an earlier $500 mil ion supplemental appropriation to
the DRF was rescinded as an offset for federal funding for certain wildfire costs in California.128
In FY2006, over $23.4 bil ion of $60 bil ion in gross appropriations for the DRF
was rescinded and reappropriated to other disaster recovery programs across the government.129
In FY2008 and FY2009, three rescissions of DRF funding for the Hazard
Mitigation Program for the state of Mississippi were made to pay for a grant for the state to purchase and deploy an interoperable communications system.130
With the restructuring of the DRF appropriation under the BCA, FEMA faced a new chal enge.
Periodical y, obligated funds that were no longer needed or eligible to be used for their original purpose would be “deobligated” and returned to the DRF for use. It was unclear whether those deobligated funds should be assigned to the base, or to the costs of major disasters. Deobligated funds that had been appropriated without a designation were ultimately considered to be a part of
the base, as they were appropriated without a specified intent.
These were not insignificant amounts—in FY2013, FEMA recovered almost $910 mil ion.131 Because the base is spent at a much slower rate than the disaster relief-designated portion of the DRF, a the base is spent at a much slower rate than the disaster relief-designated portion of the DRF, a
sizeable unobligated balance accrued. Both the Obama Administration and Trump sizeable unobligated balance accrued. Both the Obama Administration and Trump
Administration 125 Federal Emergency Management Agency, Justification of Estimates, Fiscal Year 2002 (submitted to Congress), Washington, DC, 2001, pp. DR-6, DR-7. 126 Office of Management and Budget, Analytical Perspectives, Budget Enforcement Act Preview Report, FY2002 , Executive Office of the President, Washington, DC, 2001, p. 243.
127 P.L. 97-12; P.L. 100-6; and P.L. 104-134. 128 P.L. 108-199, Division H, §102. 129 P.L. 109-148, Division B. 130 P.L. 101-161, §573; P.L. 110-329, Div. B, §10501; P.L. 111-32, §603. 131 Federal Emergency Management Agency, Disaster Relief Fund: Monthly Report, October 7, 2021, p. 4, https://www.fema.gov/sites/default/files/documents/fema_disaster-relief-fund-report_102021.pdf.
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Administration proposed rescinding portions of the unobligated recovered funds, including a request from the proposed rescinding portions of the unobligated recovered funds, including a request from the
Trump Administration to rescind $250 Trump Administration to rescind $250
millionmil ion in FY2020. From FY2014 through FY2017, in FY2020. From FY2014 through FY2017,
almost $2.5 almost $2.5
billionbil ion was rescinded from the DRF, which offset a portion of the was rescinded from the DRF, which offset a portion of the
cost of the annual cost of the annual
DHS appropriations DHS appropriations
bills.127bil s.132
The appropriations committees took a different approach in FY2019,
The appropriations committees took a different approach in FY2019,
specificallyspecifical y including including
language in the DHS appropriations act to use unobligated balances to fund part of the existing language in the DHS appropriations act to use unobligated balances to fund part of the existing
DRF appropriation.DRF appropriation.
128133 This had the same net effect as rescinding the funds, in that the total net This had the same net effect as rescinding the funds, in that the total net
appropriation was appropriation was
smallersmal er, but also made a statement that the DRF balances were being used for , but also made a statement that the DRF balances were being used for
Stafford Act purposes. For FY2020, the consolidated appropriations act that included DHS Stafford Act purposes. For FY2020, the consolidated appropriations act that included DHS
appropriations returned to the more frequently used approach, rescinding $300 appropriations returned to the more frequently used approach, rescinding $300
million.129 No mil ion.134 No
rescissions were taken from the DRF in the FY2021 annual appropriations act. rescissions were taken from the DRF in the FY2021 annual appropriations act.
Issues for Congress
The federal government has defined a role for itself in emergency management and disaster The federal government has defined a role for itself in emergency management and disaster
recovery as a backstop for state, local, territorial, and tribal governments, providing limited relief recovery as a backstop for state, local, territorial, and tribal governments, providing limited relief
for individuals and support for mitigation efforts. FEMA’s DRF appropriation funds a great deal for individuals and support for mitigation efforts. FEMA’s DRF appropriation funds a great deal
of the federal effort. As the DRF appropriation is simply an amount of budget authority provided of the federal effort. As the DRF appropriation is simply an amount of budget authority provided
to support disaster activities defined through separately crafted laws and policies, many of the to support disaster activities defined through separately crafted laws and policies, many of the
124 P.L. 109-148, Division B. 125 P.L. 101-161, §573; P.L. 110-329, Div. B, §10501; P.L. 111-32, §603. 126 Federal Emergency Management Agency, Disaster Relief Fund: Monthly Report, October 21, 2013, p. 4, https://www.fema.gov/media-library-data/1382473085534-116f432263fc32ab01b91b1bbfea8852/FY13_September_Monthly_DRF_508.pdf.
127 This accumulation of base funds was a temporary issue, as pre-FY2011 budget authority was used up, and most obligations are now made from disaster relief-designated funding. FEMA’s last monthly report for FY2019 indicated they had recovered almost $2.6 billion over the course of the fiscal year (reflecting the elevated level of funding flowing from the DRF in recent years), but $2.3 billion of that went to the major disasters designation, and less than $300 million to the base.
128 P.L. 116-6, Division A. 129 P.L. 116-93, Division D, §540.
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issues related to the DRF are less about the appropriation than they are about the defined federal issues related to the DRF are less about the appropriation than they are about the defined federal
role. role.
Should the purpose of the DRF be rescoped?
Despite the magnitude of funding provided through the DRF and the breadth of Stafford Act Despite the magnitude of funding provided through the DRF and the breadth of Stafford Act
relief, other appropriations support additional disaster-related activities in other departments and relief, other appropriations support additional disaster-related activities in other departments and
agencies. As noted earlier,agencies. As noted earlier,
HUD, USDA, DOT, DOD, and SBA HUD, USDA, DOT, DOD, and SBA
all al fund various disaster relief and fund various disaster relief and
recovery programs. With the COVID-19 pandemic, relief and recovery funds have come from a recovery programs. With the COVID-19 pandemic, relief and recovery funds have come from a
wide variety of accounts through a range of programs. wide variety of accounts through a range of programs.
At various times in the past, efforts have been made to fund activities through the DRF that are
At various times in the past, efforts have been made to fund activities through the DRF that are
not part of the current portfolio of Stafford Act programs. The Stafford Act already encompasses a not part of the current portfolio of Stafford Act programs. The Stafford Act already encompasses a
wide range of emergency management, disaster relief, and disaster response activities. Making wide range of emergency management, disaster relief, and disaster response activities. Making
non-Stafford programs eligible for DRF funding is something Congress could choose to do, but it non-Stafford programs eligible for DRF funding is something Congress could choose to do, but it
would not provide any obvious policy or budgetary advantage. Existing non-Stafford programs would not provide any obvious policy or budgetary advantage. Existing non-Stafford programs
have their own funding streams, management, and oversight. Providing their resources through a have their own funding streams, management, and oversight. Providing their resources through a
new appropriation could complicate their funding stream and congressional oversight. While new appropriation could complicate their funding stream and congressional oversight. While
making the programs eligible for funding from the DRF could make additional budget authority making the programs eligible for funding from the DRF could make additional budget authority
available, it would be more transparent and direct for Congress to simply fund the program available, it would be more transparent and direct for Congress to simply fund the program
through its existing appropriation.
132 T his accumulation of base funds in this fashion was a temporary issue, as pre-FY2011 budget authority was used up, and most obligations are now made from disaster relief-designated funding. FEMA’s last monthly report for FY20 21 indicated they had recovered more than $8.1 billion over the course of the fiscal year (reflecting the elevated level of funding flowing from the DRF in recent years), but more than $7.5 billion of that went to the major disasters designation, and less than $600 million to the base. Current balances in the base are due to a large appropriation provided at the beginning of the COVID-19 pandemic, when it was unclear how much of the response would be handled through major disaster declarations.
133 P.L. 116-6, Division A. 134 P.L. 116-93, Division D, §540.
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through its existing appropriation.
There is no special budgetary treatment for appropriations for the DRF—only for appropriations
There is no special budgetary treatment for appropriations for the DRF—only for appropriations
which are designated for the costs of major disasters which are designated for the costs of major disasters
under the BCAor designated as emergency requirements, following the terms outlined in budget resolutions. Shifting discretionary . Shifting discretionary
spending out of one appropriations subcommittee’s jurisdiction into another provides no spending out of one appropriations subcommittee’s jurisdiction into another provides no
overall overal budgetary benefit—the total amount of spending remains the same. Subcommittee budgetary benefit—the total amount of spending remains the same. Subcommittee
allocationsal ocations are are
set and reset every year (sometimes multiple times each year) at the discretion of the House and set and reset every year (sometimes multiple times each year) at the discretion of the House and
Senate Senate
appropriations committees, so such a move could appropriations committees, so such a move could
well wel result in no net impact on available result in no net impact on available
resources. resources.
The concept of a broader funding stream providing discretionary resources for DRF, SBA, and
The concept of a broader funding stream providing discretionary resources for DRF, SBA, and
USDA disaster relief programs has also been considered before. Such an idea, floated by a USDA disaster relief programs has also been considered before. Such an idea, floated by a
previous Administration but rejected by Congress, might have made more resources available in previous Administration but rejected by Congress, might have made more resources available in
the immediate aftermath of a disaster, but it is not clear that reorganizing funding would make the the immediate aftermath of a disaster, but it is not clear that reorganizing funding would make the
programs subject to more thorough oversight or make them more effective. It could limit the programs subject to more thorough oversight or make them more effective. It could limit the
abilityability
of Congress to provide specific oversight or direction through appropriations to the of Congress to provide specific oversight or direction through appropriations to the
separate programs. separate programs.
Congress could also break up the DRF into appropriations for the individual Stafford Act
Congress could also break up the DRF into appropriations for the individual Stafford Act
programs or groups of programs, similar to what was provided for COVID-19 pandemic-related programs or groups of programs, similar to what was provided for COVID-19 pandemic-related
funeral expenses in Division N of P.L. 116-260. This might funeral expenses in Division N of P.L. 116-260. This might
allowal ow for additional specific for additional specific
congressional oversight and direction, but it could reduce the flexibilitycongressional oversight and direction, but it could reduce the flexibility
that exists within the that exists within the
DRF to shift its resources to meet unanticipated disaster needs by segmenting the available DRF to shift its resources to meet unanticipated disaster needs by segmenting the available
resources, and possibly inadvertently limiting the amount of resources available for the resources, and possibly inadvertently limiting the amount of resources available for the
highlighted programs in the future.highlighted programs in the future.
In response to the COVID-19 epidemic, the Administration and Congress used the major disaster
In response to the COVID-19 epidemic, the Administration and Congress used the major disaster
provisions of the Stafford Act for the first time to respond to a public health crisis. As the country provisions of the Stafford Act for the first time to respond to a public health crisis. As the country
emerges from the COVID-19 pandemic, Congress may choose to reexamine a number of issues, emerges from the COVID-19 pandemic, Congress may choose to reexamine a number of issues,
including the following: including the following:
Are the Stafford Act and DRF the best vehicles for providing assistance in
Are the Stafford Act and DRF the best vehicles for providing assistance in
responding to a public health crisis?
responding to a public health crisis?
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How should Congress approach funding future public health needs? How should Congress approach funding future public health needs?
What was the interplay between natural disaster authorities and public health What was the interplay between natural disaster authorities and public health
authorities in this situation, and how can that be made more efficient and
authorities in this situation, and how can that be made more efficient and
effective? effective?
How much is enough to have on hand?
Appropriations are frequently provided on the basis of what can be spent on a project in a given Appropriations are frequently provided on the basis of what can be spent on a project in a given
fiscal year. This thinking informs part of the funding request, as it includes a basis of spending on fiscal year. This thinking informs part of the funding request, as it includes a basis of spending on
open disasters, where recovery is ongoing. A 10-year average informs the portion of the DRF open disasters, where recovery is ongoing. A 10-year average informs the portion of the DRF
budget request that pays for response and recovery from disasters that cost less than $500 budget request that pays for response and recovery from disasters that cost less than $500
millionmil ion. .
Previous and current Administrations have sought additional reserve funds over and above those Previous and current Administrations have sought additional reserve funds over and above those
projected needs to pay for potential “no notice” events. On the other hand, as noted above, from projected needs to pay for potential “no notice” events. On the other hand, as noted above, from
FY2014 to FY2017, almost $2.5 FY2014 to FY2017, almost $2.5
billion bil ion in funding was rescinded from unobligated balances in in funding was rescinded from unobligated balances in
the DRF, and in FY2019, unobligated balances were used to offset appropriations for the DRF. In the DRF, and in FY2019, unobligated balances were used to offset appropriations for the DRF. In
the present constrained budget environment, Congress continues to weigh the proper level of the present constrained budget environment, Congress continues to weigh the proper level of
reserves for FEMA to keep availablereserves for FEMA to keep available
in the DRF, in the DRF,
especiallyespecial y as the work performed under the as the work performed under the
Stafford Act evolves. Stafford Act evolves.
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What accommodations should be made in the federal budget for
disaster relief?
While disaster relief is a relatively While disaster relief is a relatively
small smal part of the discretionary budget, and an even part of the discretionary budget, and an even
smallersmal er part part
of the of the
overall overal federal budget, disaster relief spending is anticipated to continue growing in the federal budget, disaster relief spending is anticipated to continue growing in the
coming years. In modern history, Congress has been coming years. In modern history, Congress has been
generally willinggeneral y wil ing to provide resources for to provide resources for
major disasters on an as-needed basis. However, discussions of deficit and debt continue in major disasters on an as-needed basis. However, discussions of deficit and debt continue in
Congress, and with the expiration of the Budget Control Act’s discretionary spending limits and the statutory adjustment for disaster relief at the end of FY2021, new agreements wil need to be reached. The central question for disaster relief budgetingCongress, and may increase in frequency and volume as the Budget Control Act nears expiration in FY2021. The central question is this: Does disaster relief represent enough of a priority for the is this: Does disaster relief represent enough of a priority for the
federal government to maintain the status quo notwithstanding federal government to maintain the status quo notwithstanding
potential increasing costs? potential increasing costs?
When budget controls were put in place in the 1980s, 1990s, and 2010s, exceptions were
When budget controls were put in place in the 1980s, 1990s, and 2010s, exceptions were
provided to help ensure relief and recovery efforts would continue to be funded. With the provided to help ensure relief and recovery efforts would continue to be funded. With the
expiration of the Budget Control Act statutory caps on discretionary spending, one limitation on expiration of the Budget Control Act statutory caps on discretionary spending, one limitation on
disaster relief spending—albeit one with a limited practical effect, as noted above—disaster relief spending—albeit one with a limited practical effect, as noted above—
will go has gone away. away.
The allowableThe al owable adjustment for disaster relief expired as wel , although a similar mechanism to adjust the limits set by budget resolutions and subcommittee al ocations was included in the FY2022 budget resolution. The adjustment has effectively al owed adjustment for disaster relief will expire as well, which may have more of an impact, as Congress has used it to move disaster relief spending more fully into the annual appropriations process. The adjustment has effectively allowed most of the annual DRF most of the annual DRF
appropriation to be provided without competing against other homeland security priorities for the appropriation to be provided without competing against other homeland security priorities for the
discretionary funding provided under the Homeland Security appropriations subcommittee’s discretionary funding provided under the Homeland Security appropriations subcommittee’s
allocation.
al ocation.135 Congress may consider whether they want that process to continue. Congress may consider whether they want that process to continue.
Congress may also debate whether to try to limit disaster relief spending. The most direct means
Congress may also debate whether to try to limit disaster relief spending. The most direct means
of doing this would not be to change the DRF appropriation, but by changing the underlying laws of doing this would not be to change the DRF appropriation, but by changing the underlying laws
that authorize the programs it funds. Implementing relief limits or deductibles for states or that authorize the programs it funds. Implementing relief limits or deductibles for states or
smallersmal er jurisdictions, larger nonfederal cost shares, or changes in the declaration process may jurisdictions, larger nonfederal cost shares, or changes in the declaration process may
prove unpopular, and having to vote for them once in more durable authorizing legislationprove unpopular, and having to vote for them once in more durable authorizing legislation
may be may be
more practical than doing so more practical than doing so
annuallyannual y in appropriations legislation.
135 T his is also true for other appropriations associated with funding relief and recovery efforts after major disasters, but over the 10-year life of the statutory adjustment, 93% of designated appropriations went to the DRF. For more details, see CRS In Focus IF10720, Calculation and Use of the Disaster Relief Allowable Adjustm ent, by William L. P ainter. in appropriations legislation.
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Appendix. General Disaster Relief Appropriations,
FY1964-FY2020FY2021
Table A-1. Nominal Dollar Disaster Relief Appropriations, FY1964-FY2020FY2021
Thousands of
Thousands of
dollarsdol ars of budget authority of budget authority
Supplemental
(includes
Fiscal
Annual
contingency
Fiscal Year
Net Fiscal Year
Year
Appropriations
appropriations)
Total
Total
1964
1964
20,000
20,000
50,000
50,000
70,000
70,000
70,000
70,000
1965
1965
20,000
20,000
35,000
35,000
55,000
55,000
55,000
55,000
1966
1966
55,000
55,000
65,000
65,000
120,000
120,000
120,000
120,000
1967
1967
15,000
15,000
9,550
9,550
24,550
24,550
24,550
24,550
1968
1968
20,000
20,000
—
—
20,000
20,000
20,000
20,000
1969
1969
10,000
10,000
35,000
35,000
45,000
45,000
45,000
45,000
1970
1970
170,000
170,000
75,000
75,000
245,000
245,000
245,000
245,000
1971
1971
65,000
65,000
25,000
25,000
90,000
90,000
90,000
90,000
1972
1972
85,000
85,000
—
—
85,000
85,000
85,000
85,000
1973
1973
92,500
92,500
500,000
500,000
592,500
592,500
592,500
592,500
1974
1974
400,000
400,000
32,600
32,600
432,600
432,600
432,600
432,600
1975
1975
200,000
200,000
—
—
200,000
200,000
200,000
200,000
1976
1976
187,500
187,500
—
—
187,500
187,500
187,500
187,500
1977
1977
100,000
100,000
200,000
200,000
300,000
300,000
300,000
300,000
1978
1978
150,000
150,000
300,000
300,000
450,000
450,000
450,000
450,000
1979
1979
200,000
200,000
194,000
194,000
394,000
394,000
394,000
394,000
1980
1980
193,600
193,600
870,000
870,000
1,063,600
1,063,600
1,063,600
1,063,600
1981
1981
375,570
375,570
—
—
375,570
375,570
367,570
367,570
1982
1982
301,694
301,694
—
—
301,694
301,694
301,694
301,694
1983
1983
130,000
130,000
—
—
130,000
130,000
130,000
130,000
1984
1984
—
—
—
—
—
—
—
—
1985
1985
100,000
100,000
—
—
100,000
100,000
100,000
100,000
1986
1986
120,000
120,000
250,000
250,000
370,000
370,000
350,000
350,000
1987
1987
120,000
120,000
57,475
57,475
177,475
177,475
170,000
170,000
1988
1988
120,000
120,000
—
—
120,000
120,000
115,000
115,000
1989
1989
100,000
100,000
1,108,000
1,108,000
1,208,000
1,208,000
1,208,000
1,208,000
1990
1990
98,450
98,450
1,150,000
1,150,000
1,248,450
1,248,450
1,248,450
1,248,450
1991
1991
—
—
—
—
—
—
—
—
1992
1992
185,000
185,000
4,136,000
4,136,000
4,321,000
4,321,000
4,269,209
4,269,209
1993
1993
292,095
292,095
2,000,000
2,000,000
2,292,095
2,292,095
2,292,000
2,292,000
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Supplemental
(includes
Fiscal
Annual
contingency
Fiscal Year
Net Fiscal Year
Year
Appropriations
appropriations)
Total
Total
1994
1994
292,000
292,000
4,709,000
4,709,000
5,001,000
5,001,000
5,001,000
5,001,000
1995
1995
320,000
320,000
6,550,000
6,550,000
6,870,000
6,870,000
6,870,000
6,870,000
1996
1996
222,000
222,000
—
—
222,000
222,000
(882,000)
(882,000)
1997
1997
1,320,000
1,320,000
3,300,000
3,300,000
4,620,000
4,620,000
4,600,000
4,600,000
1998
1998
320,000
320,000
1,600,000
1,600,000
1,920,000
1,920,000
1,920,000
1,920,000
1999
1999
307,745
307,745
1,806,000
1,806,000
2,113,745
2,113,745
2,113,745
2,113,745
2000
2000
300,000
300,000
2,480,425
2,480,425
2,780,425
2,780,425
2,777,525
2,777,525
2001
2001
300,000
300,000
1,300,000
1,300,000
1,600,000
1,600,000
1,547,100
1,547,100
2002
2002
664,000
664,000
9,537,571
9,537,571
10,201,571
10,201,571
10,127,094
10,127,094
2003
2003
800,000
800,000
1,425,300
1,425,300
2,225,300
2,225,300
2,200,823
2,200,823
2004
2004
1,800,000
1,800,000
2,500,000
2,500,000
4,300,000
4,300,000
4,023,000
4,023,000
2005
2005
2,042,380
2,042,380
66,500,000
66,500,000
68,542,380
68,542,380
68,427,380
68,427,380
2006
2006
1,770,000
1,770,000
6,000,000
6,000,000
7,770,000
7,770,000
(16,390,800
(16,390,800
)a
2007
2007
1,500,000
1,500,000
4,110,000
4,110,000
5,610,000
5,610,000
5,742,500
5,742,500
2008
2008
1,400,000
1,400,000
11,757,000
11,757,000
13,157,000
13,157,000
12,934,850
12,934,850
2009
2009
1,400,000
1,400,000
—
—
1,400,000
1,400,000
1,178,400
1,178,400
2010
2010
1,600,000
1,600,000
5,100,000
5,100,000
6,700,000
6,700,000
6,573,400
6,573,400
2011
2011
2,650,000
2,650,000
—
—
2,650,000
2,650,000
2,650,000
2,650,000
2012
2012
700,000
700,000
6,400,000
6,400,000
7,100,000
7,100,000
7,076,000
7,076,000
2013
2013
7,007,926
7,007,926
11,487,735
11,487,735
18,495,661
18,495,661
18,468,661
18,468,661
2014
2014
6,220,908
6,220,908
—
—
6,220,908
6,220,908
5,896,386
5,896,386
2015
2015
7,033,464
7,033,464
—
—
7,033,464
7,033,464
6,729,464
6,729,464
2016
2016
7,374,693
7,374,693
—
—
7,374,693
7,374,693
6,328,814
6,328,814
2017
2017
7,328,515
7,328,515
7,400,000
7,400,000
14,728,515
14,728,515
13,996,140
13,996,140
2018
2018
7,900,720
7,900,720
42,170,000
42,170,000
50,070,720
50,070,720
45,010,720
45,010,720
2019
2019
12,558,000
12,558,000
—
—
12,558,000
12,558,000
12,005,000
12,005,000
2020
2020
17,863,259
17,863,259
45,000,000
45,000,000
62,863,259
62,863,259
62,560,259
62,560,259
2021
17,142,000
52,000,000
69,142,000
63,226,000
Total
114,064,019
304,225,656
418,289,675
377,638,134
Total
96,922,019
252,225,656
349,147,675
314,412,134
Source: CRS analysis of appropriations acts. CRS analysis of appropriations acts.
Notes: FY2013 numbers do not reflectFY2013 numbers do not reflect
the impact of sequestration. Supplemental column includes contingent the impact of sequestration. Supplemental column includes contingent
appropriations and appropriations and
all al appropriations under the heading of “Disasterappropriations under the heading of “Disaster
Relief” or “DisasterRelief” or “Disaster
Relief Fund” including Relief Fund” including
the language “for an additional amount.”the language “for an additional amount.”
Reductions reflectedReductions reflected
in the Net Total column include transfers and in the Net Total column include transfers and
rescissionsrescissions
specifically specifical y enumerated in appropriations actsenumerated in appropriations acts
or explanatory statements. .
a. This negative total is the result of a $23.4 bil iona. This negative total is the result of a $23.4 bil ion
rescission from rescission from the DRF, which offset the cost of other the DRF, which offset the cost of other
disaster assistance and damage repairs
disaster assistance and damage repairs
conducted by other agencies.conducted by other agencies.
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Table A-2. FY2020FY2021 Dollar Disaster Relief Appropriations, FY1964-FY2020FY2021
Thousands of
Thousands of
dollarsdol ars of budget authority of budget authority
Supplemental
Appropriations
Fiscal
Annual
(includes contingency
Fiscal Year
Net Fiscal Year
Year
Appropriations
appropriations)
Total
Total
1964
1964
157,627
394,067
551,693
551,693
1965
155,469
272,070
427,539
427,539
1966
416,146
491,809
907,955
907,955
1967
111,053
70,704
181,756
181,756
1968
142,855
—
142,855
142,855
1969
67,161
235,065
302,226
302,226
1970
1,081,619
477,185
1,558,804
1,558,804
1971
386,697
148,730
535,427
535,427
1972
474,838
—
474,838
474,838
1973
494,131
2,670,978
3,165,109
3,165,109
1974
1,971,701
160,694
2,132,395
2,132,395
1975
898,497
—
898,497
898,497
1976
786,060
—
786,060
786,060
1977
390,812
781,624
1,172,436
1,172,436
1978
551,668
1,103,335
1,655,003
1,655,003
1979
676,818
656,513
1,333,331
1,333,331
1980
592,486
2,662,514
3,255,000
3,255,000
1981
1,034,776
—
1,034,776
1,012,735
1982
771,872
—
771,872
771,872
1983
317,030
—
317,030
317,030
1984
—
—
—
—
1985
224,491
—
224,491
224,491
1986
263,861
549,710
813,570
769,593
1987
256,462
122,835
379,297
363,321
1988
247,924
—
247,924
237,594
1989
198,757
2,202,232
2,400,990
2,400,990
1990
190,152
2,221,182
2,411,334
2,411,334
1991
—
—
—
—
1992
328,648
7,347,498
7,676,145
7,584,140
1993
503,999
3,450,927
3,954,926
3,954,762
1994
495,110
7,984,490
8,479,599
8,479,599
1995
526,931
10,785,610
11,312,540
11,312,540
1996
58,031
—
358,031
(1,422,447)
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Supplemental
Appropriations
Fiscal
Annual
(includes contingency
Fiscal Year
Net Fiscal Year
Year
Appropriations
appropriations)
Total
Total
1997
2,085,013
5,212,531
7,297,544
7,265,953
1998
501,274
2,506,372
3,007,647
3,007,647
1999
476,231
2,794,760
3,270,991
3,270,991
2000
452,771
3,743,546
4,196,317
4,191,940
2001
441,220
1,911,953
2,353,173
2,275,371
2002
961,746
13,814,334
14,776,080
14,668,206
2003
1,126,687
2,007,333
3,134,019
3,099,547
2004
2,470,703
3,431,533
5,902,236
5,522,022
2005
2,710,366
88,249,649
90,960,015
90,807,403
2006
2,270,374
7,696,183
9,966,556
(21,024,431)a
2007
1,872,239
5,129,934
7,002,173
7,167,554
2008
1,688,953
14,183,583
15,872,535
15,604,535
2009
1,689,132
—
1,689,132
1,421,767
2010
1,896,587
6,045,371
7,941,958
7,791,891
2011
3,069,459
—
3,069,459
3,069,459
2012
794,990
7,268,480
,063,470
8,036,213
2013
7,847,468
12,863,953
20,711,420
20,681,185
2014
6,857,974
—
6,857,974
6,500,219
2015
7,711,822
—
7,711,822
7,378,502
2016
8,030,143
—
8,030,143
6,891,308
2017
7,846,700
7,923,239
15,769,939
14,985,779
2018
8,253,171
44,051,204
52,304,375
47,018,649
2019
12,836,037
—
12,836,037
12,270,793
2020
17,863,259
45,000,000
62,863,259
62,560,259
Total
16,828,000
318,623,729
435,451,729
392,361,244
Source: CRS analysis of appropriations acts. Notes: Deflator used was drawn from “Historical Tables: Table 1.3—Summary of Receipts, Outlays, and Surpluses or Deficits (—) in Current Dol ars, Constant (FY2009) Dol ars, and as Percentages of GDP: 1940—2023.” FY2013 numbers do not reflect the impact of sequestration. Supplemental column includes contingent appropriations and all appropriations under the heading of “Disaster Relief” or “Disaster Relief Fund” including the language “for an additional amount.” Reductions reflected in the Net Total column include transfers and rescissions specifically enumerated in appropriations acts. a. This negative total is the result of a $23.4 bil ion rescission from the DRF, which offset the cost of other
disaster assistance and damage repairs conducted by other agencies.
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158,723
396,808
555,531
555,531
1965
156,550
273,963
430,513
430,513
1966
419,041
495,230
914,270
914,270
1967
111,825
71,195
183,021
183,021
1968
143,849
—
143,849
143,849
1969
67,629
236,700
304,329
304,329
1970
1,089,143
480,504
1,569,647
1,569,647
1971
389,387
149,764
539,151
539,151
1972
478,141
—
478,141
478,141
1973
497,568
2,689,558
3,187,126
3,187,126
1974
1,985,417
161,811
2,147,228
2,147,228
1975
904,747
—
904,747
904,747
1976
791,528
—
791,528
791,528
1977
393,531
787,061
1,180,592
1,180,592
1978
555,505
1,111,010
1,666,516
1,666,516
1979
681,526
661,080
1,342,605
1,342,605
1980
596,607
2,681,035
3,277,642
3,277,642
1981
1,041,974
—
1,041,974
1,019,779
1982
777,241
—
777,241
777,241
1983
319,236
—
319,236
319,236
1984
—
—
—
—
1985
226,053
—
226,053
226,053
1986
265,696
553,533
819,229
774,947
1987
258,246
123,689
381,935
365,849
1988
249,649
—
249,649
239,247
1989
200,140
2,217,551
2,417,691
2,417,691
1990
191,475
2,236,633
2,428,108
2,428,108
1991
—
—
—
—
1992
330,934
7,398,607
7,729,541
7,636,896
1993
507,505
3,474,932
3,982,437
3,982,272
1994
498,554
8,040,030
8,538,584
8,538,584
1995
530,596
10,860,635
11,391,231
11,391,231
1996
360,521
—
360,521
(1,432,342)
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The Disaster Relief Fund: Overview and Issues
Supplemental
Appropriations
Fiscal
Annual
(includes contingency
Fiscal Year
Net Fiscal Year
Year
Appropriations
appropriations)
Total
Total
1997
2,099,516
5,248,790
7,348,306
7,316,495
1998
504,761
2,523,807
3,028,568
3,028,568
1999
479,544
2,814,200
3,293,744
3,293,744
2000
455,920
3,769,587
4,225,507
4,221,100
2001
444,289
1,925,253
2,369,542
2,291,199
2002
968,436
13,910,427
14,878,863
14,770,239
2003
1,134,524
2,021,296
3,155,820
3,121,108
2004
2,487,890
3,455,402
5,943,292
5,560,434
2005
2,729,219
88,863,520
91,592,739
91,439,065
2006
2,286,167
7,749,718
10,035,884
(21,170,679)
2007
1,885,262
5,165,618
7,050,880
7,217,412
2008
1,700,701
14,282,245
15,982,946
15,713,081
2009
1,700,882
—
1,700,882
1,431,656
2010
1,909,780
6,087,423
7,997,203
7,846,091
2011
3,090,811
—
3,090,811
3,090,811
2012
800,520
7,319,040
8,119,560
8,092,114
2013
7,902,055
12,953,435
20,855,490
20,825,045
2014
6,905,679
—
6,905,679
6,545,435
2015
7,769,217
—
7,769,217
7,433,416
2016
8,092,208
—
8,092,208
6,944,571
2017
7,908,738
7,985,883
15,894,621
15,104,261
2018
8,335,114
44,488,572
52,823,686
47,485,479
2019
13,014,344
—
13,014,344
12,441,249
2020
18,194,178
45,833,630
64,027,808
63,719,195
2021
17,142,000
52,000,000
69,142,000
63,226,000
Total
135,120,289
373,499,177
508,619,466
459,288,316
Source: CRS analysis of appropriations acts. Notes: Deflator used was drawn from “Historical Tables: Table 1.3—Summary of Receipts, Outlays, and Surpluses or Deficits (—) in Current Dol ars, Constant (FY2012) Dol ars, and as Percentages of GDP: 1940—2026.” FY2013 numbers do not reflect the impact of sequestration. Supplemental column includes contingent appropriations and al appropriations under the heading of “Disaster Relief” or “Disaster Relief Fund” including the language “for an additional amount.” Reductions reflected in the Net Total column include transfers and rescissions specifical y enumerated in appropriations acts or explanatory statements. a. This negative total is the result of a $23.4 bil ion rescission from the DRF, which offset the cost of other
disaster assistance and damage repairs conducted by other agencies.
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The Disaster Relief Fund: Overview and Issues
Author Information
William L. Painter William L. Painter
Specialist in Homeland Security and Appropriations
Specialist in Homeland Security and Appropriations
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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