The Disaster Relief Fund: Overview and Issues
January
January
20, 202222, 2024
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
William L. Painter
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
Specialist in Homeland
Specialist in Homeland
programs, authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance
programs, authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance
Security and
Security and
Act, as amended (42 U.S.C. 5121 et seq.), outline the federal role in supporting state, local,
Act, as amended (42 U.S.C. 5121 et seq.), outline the federal role in supporting state, local,
triba ltribal, ,
Appropriations
Appropriations
and territorial governments as they respond to and recover from a variety of incidents. They take
and 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 own capacity to deal with an
effect in the event that nonfederal levels of government find their own capacity to deal with an
incident is overwhelmed.incident is overwhelmed.
The appropriation which feeds the DRF predates current disaster relief programs and FEMA itself. It dates back to a half-
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 provide temporary 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. Although the appropriation was 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 legislative language allowed the funding to be 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 providing general disaster relief was a shift from previous 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, disaster relief, and disaster recovery to other levels of government and policy, which largely left emergency management, disaster relief, and disaster recovery to other levels of government and
private relief organizations. Prior to the development of the general relief program, private relief organizations. Prior to the development of the general relief program,
when the federal government involved the federal government involved
itself in disaster response and recoveryitself in disaster response and recovery
, it was on an ad hoc, case-by-case basis. on an ad hoc, case-by-case basis.
InBy the early 21st century, emergency the early 21st century, emergency
management has its own federal agency. management has its own 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 through the
DRF. DRF.
At the end of FY2021, the DRF carried over a balance of almost $36 billion, after obligating more than $55 billion in a single fiscal yearOver the last four fiscal years, the DRF received more than $175 billion in appropriations for the DRF. Even with that historically high level of appropriations, at the end of FY2023—after five weeks of emergency measures limiting most obligations from the DRF to immediate needs—the DRF only had an unobligated balance of $2.55 billion available for the costs associated with major disasters. However, what is a fixture of federal policy today was not a given a century ago. Examining the history of . 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 it supports may help Congress consider future approaches to disaster relief. the DRF and the programs 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 discuss the
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 FY1964appropriations that fund the DRF, and provides a funding history from FY1964
to the present day, discussing factors that 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 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 budgetary impact of disasters, and raises some been developed and structured, given the unpredictability of the annual budgetary impact of disasters, and raises some
potential issues for congressional consideration. potential issues for congressional consideration.
This report is updated on an annual basis.
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26 link to page 3123 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 al federal yall federally 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? ..................................................... 4
Where are appropriations for the Disaster Relief Fund provided? ............................................ 4
Are specific Disaster Relief Fund appropriations for specific disasters? or
programs? ............................ 4
How is the DRF being spent today?.............................................................................. 5
How is the DRF being used to respond to COVID-19? .............. 4
How is the DRF being spent today? ................................................................................... 5
Historical Context for Federal Disaster Relief Funding .................................................................. 6 8
1789-1947: Case by Case, After the Fact .................................................................................. 7 8
1947-1950: General Disaster Relief Funding from the Federal Government Begins ............... 9 10
1950-1966: The Disaster Relief Act of 1950—General Relief and Specific Relief ................ 10 11
1966-1974: The Disaster Relief Act of 1966—General Relief Broadens ................................ 11 12
1974-Present2017: The Era of Federal yFederally Coordinated Emergency Management ............................... 12 2017-Present: The Disaster Recovery Reform Act and Catastrophic Disasters ...................... 13
Appropriations for General Disaster Relief .................... 13
Pandemic COVID-19 and the Stafford Act ............................................................... 14
Types of Appropriations for General Disaster Relief............................................................................ 14
Supplemental 16
Types of Appropriations for Disaster Relief ................................................................. 16
Supplemental Appropriations for Disaster Relief 15 Annual Appropriations ..................................................... 16
Annual Appropriations ................................................. 15 Continuing Appropriations ......................................... 17
Continuing Appropriations....................................................... 17
DRF Funding History .............................. 18
DRF Funding History: FY1964-FY2021 ................................................................................ 1918
Factors in Changing Appropriations Levels ............................................................................ 21 23
Incident Frequency and Severity ...................................................................................... 21 23
Programmatic Changes in Disaster Relief .................................................................... 27.... 24
Changes in the Budget Process ......................................................................................... 25 28
Budgeting Practices for Disaster Relief ................................................................................. 30....... 27
Management of Disaster Relief Funds ........................................................................... 30......... 27
1978: The Creation of the Federal Emergency Management Agency .............................. 28
31
Calculation of the Annual Appropriations Request ................................................................. 28
Known Limitations to this Calculation ............................................................................. 31 When the DRF Runs Low ...................................... 31
Emergency Contingency Funding and Reserve Funds .............................................. 35
Rescissions and the DRF............. 32 Emergency Contingency Funding and Reserve Funds ..................................................... 34 Rescissions and Transfers from the DRF ................................................................... 36....... 35
Issues for Congress ........................................................................................................................ 37
Should the purpose of the DRF be rescoped? ......................................................................... 37
How much is enough to have on hand? ................................................................................... 38
What accommodations should be made in the federal budget for disaster relief? .................. 39
Figures
Figure 1. COVID-19 DRF Obligations by Program and Fiscal QuarterDRF Obligations for Major Disasters, by Program .................................... 7
Figure 2. Nominal Dollar Disaster Relief Appropriations, FY1964-FY2021 ........................... 21 6
Figure 3. FY20212. Nominal Dollar Disaster Relief Appropriations, FY1964-FY2021FY2023 ............................ 22
Figure 4. Catastrophic Disaster Costs, DRF Appropriations and Obligations .......................... 27... 19
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The Disaster Relief Fund: Overview and Issues
Figure 5. DRF Annual and Supplemental Appropriations Within and Beyond
Discretionary Spending Limits, FY2004-FY2021 ............................................................ 30
Tables
Table 1. Disaster Declaration Activities and Projected Costs of Catastrophic Disaster
Declarations, FY2004-FY20203. FY2021 Dollar Disaster Relief Appropriations, FY1964-FY2023 ................................ 20 Figure 4. Number of $1 Billion Loss Events and Catastrophic Incidents, FY2014-
FY2023, with DRF Obligations, Controlling for COVID-19 Obligations ................................. 23
Figure 5. DRF Appropriations and Obligations, FY2014-FY2023 ............................................... 24 Figure 6. DRF Annual and Supplemental Appropriations Within and Beyond
Discretionary Spending Limits, FY2004-FY2023 ..................................................................................... 24 27
Tables
Table A-1. Nominal Dollar Disaster Relief Appropriations, FY1964-FY2021 FY2023 ............................. 40
Table A-2. FY2021FY2023 Dollar Disaster Relief Appropriations, FY1964-FY2021 FY2023 .............................. 42
Appendixes
Appendix. General Disaster Relief Appropriations, FY1964-FY2021 FY2023 ......................................... 40
Contacts
Author Information ........................................................................................................................ 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
political y politically 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 budgetary impacts. The DRF is the
primary source of funding for most general disaster relief programs, so 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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The Disaster Relief Fund: Overview and Issues
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 usual yDRF.4 Such declarations usually 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
Smal
Small 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?
The role of the federal government has evolved over the years, as described in the sections below, but emergency response and disaster relief has historically been a federalized “bottom-up” operation, starting from the local or tribal governments affected, backed up by the state or territorial government,7 and then turning to the federal government if capacity becomes overwhelmed. The broadening of the federal role has been a factor in which 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
vast majority of spending from the DRFIn recent years, this
activity has represented more than 95% of DRF obligations. FEMA’s primary “Direct Disaster . FEMA’s primary “Direct Disaster
Programs” are the Individual Assistance (IA),Programs” are the Individual Assistance (IA),
78 Public Assistance
Public Assistance (PA),8 and the Hazard Mitigation Grant Program (HMGP) programs.9 Federal assistance provided by other federal agencies at FEMA’s direction through “mission assignments” is also paid for from the DRF.10
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.
T heThe 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 Em ergencies and Emergencies, 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
7
For more information, see CRS Report R46014, FEMA Individual Assistance Programs: An Overview, by Elizabeth M. Webster 8 For more information, see CRS Report R46749, FEMA’s Public Assistance Program: A 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
10 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2019 Congressional Budget Justification , Federal Emergency Management Agency, Washington, DC, February 2018, p. FEMA -DRF-23, https://www.dhs.gov/sites/default/files/publications/Federal%20Emergency%20Management%20Agency.pdf .
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Tribal 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 Recovery Improvement Act of 2013 (P.L. 113-2, Division B).
8 For more information, see CRS Report R46014, FEMA Individual Assistance Programs: An Overview, by Elizabeth M. Webster
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link to page 19 The Disaster Relief Fund: Overview and Issues
(PA),9 and the Hazard Mitigation Grant Program (HMGP) programs.10 Federal assistance provided by other federal agencies at FEMA’s direction through “mission assignments” is often paid for from the DRF.11
2.
2.
Predeclaration surge activities—These are activities undertaken prior to an —These are activities undertaken prior to an
emergency or major disaster declaration to prepare for response and recovery,
emergency or major disaster declaration to prepare for response and recovery,
such as deploying response teams or prepositioning equipment. 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.declaration.
11 12
5.
5.
Disaster Readiness and Support (DRS) activities—These are ongoing, non-—These are ongoing, non-
incident-specific activities that
incident-specific activities that
al owallow 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,
but emergency response and disaster relief has historical y been a federalized “bottom-up” 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 overwhelmed. The broadening of the federal role has been a factor in which activities are funded
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 now carries 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.
Although the statutory discretionaryAlthough the statutory discretionary
budget limitsbudget limits
laid out in the BCA and the disaster relieflaid out in the BCA and the disaster relief
adjustment adjustment
mechanismsmechanisms
expired after FY2021, a similarexpired 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 Report R43738, Fire Management Assistance Grants: Frequently Asked Questions, by Bruce R. Lindsay and Katie Hoover. 12 T ribal 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 Reco very Improvement Act of 2013 (P.L. 113-2, Division B).
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link to page 25 link to page 26 adjustment continued to be employed. See “Annual Appropriations” below for more details.
9 For more information, see CRS Report R46749, FEMA’s Public Assistance Program: A Primer and Considerations for Congress, by Erica A. Lee
10 For more information, see CRS Insight IN11187, Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance, by Diane P. Horn
11 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2019 Congressional Budget Justification, Federal Emergency Management Agency, Washington, DC, February 2018, p. FEMA-DRF-23, https://www.dhs.gov/sites/default/files/publications/Federal%20Emergency%20Management%20Agency.pdf.
12 For more information, see CRS Report R43738, Fire Management Assistance Grants: Frequently Asked Questions, by Bruce R. Lindsay and Katie Hoover.
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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 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.). 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.
See Figure 2 and Figure 3 See “Appropriations for General Disaster Relief” for details. for details.
Are specific Disaster Relief Fund appropriations for specific disasters or programs?
DRF appropriations have
DRF appropriations have
historical yhistorically been provided for been provided for
generalgeneral disaster relief, rather than specific disaster relief, rather than specific
presidential y presidentially declared disasters or emergencies. declared disasters or emergencies.
The most recent iterations of the appropriations
The most recent iterations of the appropriations
bil bill 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
al all past and future disaster and emergency declarations.13 Previous past and future disaster and emergency declarations.13 Previous
versions of the appropriations language versions of the appropriations language
(going back to 1950going back to 1950
) also also
referencedreference the legislation 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
specifical yspecifically directed to one disaster over others. directed to one disaster over others.
While many disaster supplemental appropriations
While many disaster supplemental appropriations
bil sbills 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 the use of the
disaster reliefDRF appropriation to that specific incident.14 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
bil ionbillion in resources to the in resources to the
Disaster Relief Fund,
Disaster Relief Fund,
specifical yspecifically 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
bil ion billion supplemental appropriation for supplemental appropriation for
the DRF and the DRF and
specifical yspecifically provided for COVID-19 disaster-related funeral provided for COVID-19 disaster-related funeral
expenses. expenses.
13 P.L. 115-141, Div. F. 14 See,
In addition, transfers are made from the DRF from time to time to fund the disaster relief oversight efforts of the DHS Office of Inspector General as well as the Community Disaster Loan program through the Disaster Assistance Direct Loan Program.
13 P.L. 115-141, Div. F. 14 See, for this specific example, 127 Stat. 28. 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 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 from the
T SATSA (116 Stat. 879) and $2,650,700,000 in a supplemental appropriation (116 Stat. 894) in (116 Stat. 879) and $2,650,700,000 in a supplemental appropriation (116 Stat. 894) in
P.L. 107-206. P.L. 107-206.
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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 FY201917
55% of DRF obligations were for Public Assistance programs under the Stafford
Act;
15% was for Individual Assistance, including disaster housing; 7% went to Mitigation; 7% went to Operations; and 16% went to Administration.
How is the DRF being used to respond to COVID-19?
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 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 al U.S. states, territories, tribes, 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 Fifty states, five territories, the
District of Columbia, and three federal y-recognized tribes have al requested and received major
disaster declarations 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 DRF in 2000 (according to the Emergency Management Section of the New Jersey State Police), and $2,931 million under the COVID-19 disaster declaration from the DRF as of the end of FY2021 (according to FEMA’s October 2021 monthly report on the DRF). 19 While the president made a single announcement, the declarations themselves apply to each individual state, territory, or tribe.
20 https://www.whitehouse.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford-act/
21 https://www.fema.gov/disasters/coronavirus/disaster-declarations, as retrieved January 18, 2022. FEMA also notes that 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. 23 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
with the COVID-19 response.24 Of this amount, $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, which reimburses eligible public and nonprofit entities for the costs of major disaster response and recovery; and another $8.067
bil ion supported operational 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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through the end of the current fiscal year.
Analysis of some of the data across these monthly DRF reports can show trends in how the DRF has been used for disasters declared since August 1, 2017.
16 These monthly reports are available at https://www.fema.gov/about/reports-and-data/disaster-relief-fund-monthly-reports.
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Figure 1. DRF Obligations for Major Disasters, by Program
(from Disaster Relief Fund monthly report data, as of January 10, 2024)
Source: CRS analysis of FEMA’s Disaster Relief Fund: Monthly Report data from March 2020, October 2023, January 2024. Notes: Pre-COVID data does not reflect deobligations made after February 29, 2020. FY2023 data does not reflect deobligations made after September 30, 2023, or adjustments made by FEMA in fiscal year closeout.
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
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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
al usionsallusions 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.
2617 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
goods destroyed in customs house fires, goods destroyed in customs house fires,
al owancesallowances for delayed payments of bonds, and land for delayed payments of bonds, and land
grants for resettlement.grants for resettlement.
27 18
Proponents of disaster relief argued that the “general welfare” clause of the Constitution
Proponents of disaster relief argued that the “general welfare” clause of the Constitution
warranted the federal role in disaster relief.warranted the federal role in disaster relief.
2819 Opponents did not find this justification convincing, Opponents did not find this justification convincing,
as it was nonspecific,as it was nonspecific,
2920 and argued that certain natural disasters (such as flooding of the and argued that certain natural disasters (such as flooding of the
Mississippi River) were foreseeable, and therefore state and local governments had an obligation Mississippi River) were foreseeable, and therefore state and local governments had an obligation
26 Moss, David A., “Courting Disaster: T he T ransformationto be prepared.21 They also contended that it was improper for the government to provide relief for specific places with money it collected for the common good;22 and that the federal government could not afford to provide universal relief. As the U.S. economy became more
17 Moss, David A., “Courting Disaster: The Transformation 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.
27
18 A survey of customs duty relief and delayed A survey of customs duty relief and delayed
payments on bonds can be found in the remarks of Rep. C. Johnson, payments on bonds can be found in the remarks of Rep. C. Johnson,
“New York Fire,” “New York Fire,”
Congressional Globe 24, p. 136 (February 17, 1836). 24, p. 136 (February 17, 1836).
2819 Rep. Carleton Hunt, “Relief of Sufferers Rep. Carleton Hunt, “Relief of Sufferers
by Flood,” House debate, by Flood,” House debate,
Congressional Record, vol. 15, part 3 (March 26, , vol. 15, part 3 (March 26,
1884), p. 2295. 1884), p. 2295.
2920 Rep. Charles Napoleon Brumm, “Relief of Sufferers Rep. Charles Napoleon Brumm, “Relief of Sufferers
by Flood,” House debate, by Flood,” House debate,
Congressional Record, vol. 15, part 3 , vol. 15, part 3
(March 26, 1884), p. 2296. (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 for specific places with money it collected for the common good;31 and that the federal government could not afford to provide universal relief. As the U.S. economy became more 21 Rep. William Whitney Rice, “Relief of Sufferers by Flood,” House debate, Congressional Record, vol. 15, part 3 (March 26, 1884), p. 2293.
22 Rep. Lewis Beach, “Relief of Sufferers by Flood,” House debate, Congressional Record, vol. 15, part 3 (March 26, 1884), p. 2295.
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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
wil ingnesswillingness 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
bil bill 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.
3223
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),
3324 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.”
3425 In the In the
days after the earthquake, President Theodore Roosevelt issued an appeal for assistance from the days after the earthquake, President Theodore Roosevelt issued an appeal for assistance from the
public for the ANRC’s relief efforts: public for the ANRC’s relief efforts:
In the face of so horrible and appalling a national calamity as that which has befallen San
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 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.... 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 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 I am sure will flow in with lavish generosity, may be wisely administered, I appeal to the
peoplepeople
of the United States, to all cities, chambers of commerce, boards of trade, of the United States, to all cities, chambers of commerce, boards of trade, relief relief
committees and individuals to express their sympathy and render their aid by contributions committees and individuals to express their sympathy and render their aid by contributions
to the American Red Cross.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 26
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 million 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 circumstances as a result of the earthquake and commissary stores to such injured and destitute
23 House bill 10203, 50th Congress. Richardson, James D. (compiler), D. (compiler),
Compilation of the Messages and Papers of the
Presidents (1897), Volume 11, page 5142. (1897), Volume 11, page 5142.
33 T his
24 This is the formal legal name of the organization commonly referred to as the American Red Cross. is the formal legal name of the organization commonly referred to as the American Red Cross.
34 25 P.L. 58-4, 23 Stat. 600. P.L. 58-4, 23 Stat. 600.
3526 Red Red
Cross Flyer, Library of CongressCross Flyer, Library of Congress
Manuscript Division, madeManuscript Division, made
available through the available through the
T heodoreTheodore Roosevelt Digital Roosevelt Digital
Library (www.theordorerooseveltcenter.org) at http://www.theodoreroosevelt.org/Research/Digital-Library/Record?Library (www.theordorerooseveltcenter.org) at http://www.theodoreroosevelt.org/Research/Digital-Library/Record?
libID=o529079. libID=o529079.
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persons as may require assistance,”27 but nonfederal cash contributions to the ANRC and the local relief organizations exceeded $9 million in the two years following the disaster.28
The Disaster Relief Fund: Overview and Issues
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 mil ion 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 circumstances as a result of the earthquake and commissary stores to such injured and destitute persons as may require assistance,”36 but nonfederal cash contributions to the ANRC and the local
relief organizations exceeded $9 mil ion in the two years following the disaster.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.
3829
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,
3930 which was enacted on June 25, 1948, provided funding which was enacted on June 25, 1948, provided funding
directly to the President as follows: directly to the President as follows:
36
27 Public Resolution No. 16, April 19, 1906, 34 Stat. 827. Public Resolution No. 16, April 19, 1906, 34 Stat. 827.
3728 O’Connor, Charles James, “San Francisco Relief Survey: O’Connor, Charles James, “San Francisco Relief Survey:
T he The 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,”
T he Russell Sage The Russell Sage Foundation, 1913, p. 33.Foundation, 1913, p. 33.
38
29 U.S. U.S.
President (President (
T rumanTruman), “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.
3930 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 in which such catastrophe State in which such catastrophe
s hallshall 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
shal shall 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 with respect to such catastrophe: Provided further, That no part of this purposes 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.
4031
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
hal markshallmarks 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
mil ion.41million.32
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
40 T he
31 The 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.
T heThe 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.
4132 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.
4233
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
mil ion million in total.in total.
4334 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
mil ionmillion, ,
and a waiver of the Section 8 limitation.and a waiver of the Section 8 limitation.
4435 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.
4536 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.
46 37
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.
4738 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.
48 39
However, Congress
However, Congress
stil still 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,
4940 flooding in western states, flooding in western states,
5041 and Hurricane Betsy in Florida, Louisiana, and Hurricane Betsy in Florida, Louisiana,
and Mississippi.and Mississippi.
5142 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 yet provide disaster assistance in the case of the very big disasters by and yet 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.
52 43
1966-1974: The Disaster Relief Act of 1966—General Relief
Broadens
The Disaster Relief Act of The Disaster Relief Act of
196653196644 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
wel well as authorizing assistance to repair as authorizing assistance to repair
42
33 P.L. 81-875; 64 Stat. 1109. P.L. 81-875; 64 Stat. 1109.
4334 P.L. 81-875; 64 Stat. 1111. P.L. 81-875; 64 Stat. 1111.
4435 P.L. 82-80; 65 Stat. 123. P.L. 82-80; 65 Stat. 123.
4536 P.L. 82-137; 65 Stat. 268. P.L. 82-137; 65 Stat. 268.
46 T his37 This 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.
4738 For a broader discussion For a broader discussion
of this evolution, see “of this evolution, see “
T heThe 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 Com m itteeCommittee Print Prepared for
the Senate Com m itteeCommittee on Rules and Adm inistration . 48Administration.
39 P.L. 87-592. P.L. 87-592.
4940 P.L. 88-451. P.L. 88-451.
5041 P.L. 89-41. P.L. 89-41.
5142 P.L. 89-339. P.L. 89-339.
5243 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.
5344 P.L. 89-769. P.L. 89-769.
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local public facilities.
local public facilities.
5445 The Disaster Relief Act of The Disaster Relief Act of
196955196946 was enacted in response to Hurricane was enacted in response to Hurricane
Camil eCamille, 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.
5647 Not Not
al all 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
197057197048 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
Camil eCamille-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-Present2017: The Era of Federally Coordinated Emergency
Management
The Disaster Relief Act of The Disaster Relief Act of
197458197449 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.
59 50
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).
6051 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—
al owingallowing for assistance for assistance
without a major disaster declaration;without a major disaster declaration;
61
52
• 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.
. ”62
... ”53
• 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.
63
54 Bourgin, p. 75. 55 P.L. 91-79. 56 Bourgin, p. 103. 57 P.L. 91-606. 58 P.L. 93-288. 59 Although it was expected to expire in December 1977, it was extended to the end of fiscal year 1980. 60 P.L. 100-707. 61 102 Stat. 4689. 62 102 Stat. 4690. 63 T hese grants would be amended 54
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
45 Bourgin, p. 75. 46 P.L. 91-79. 47 Bourgin, p. 103. 48 P.L. 91-606. 49 P.L. 93-288. 50 Although it was expected to expire in December 1977, it was extended to the end of fiscal year 1980. 51 P.L. 100-707. 52 102 Stat. 4689. 53 102 Stat. 4690. 54 These grants would be 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 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
exceptional yexceptionally large disasters, or complexes of large disasters, or complexes of
disasters. disasters.
This has happened three timesTwo major reform bills were enacted since FEMA was incorporated into DHS in 2003: since FEMA was incorporated into DHS in 2003:
1.
1.
The Post Katrina Emergency Reform Act of 2006 (PKEMRA)6455—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
al owingallowing 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)6556—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
al owallow 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. 2017-Present: The Disaster Recovery Reform Act of 2018 (DRRA)66—Enacted through
language that was attached to an FAA reauthorization measure in the wake of wildfires in California as wel and Catastrophic Disasters The current era of disaster relief begins with a series of catastrophic disasters57 in 2017. Wildfires in California as well as Hurricanes Harvey, Irma, and Maria led to a series of large supplemental appropriations for disasters, including two for the DRF. The following year, theas Hurricanes Harvey, Irma, and Maria, DRRA has provisions to broaden federal investments from the DRF into mitigation efforts that protect public infrastructure, as wel as making improvements to the Public Assistance and Individual Assistance programs. For additional information on
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
authorities are being used for the first time to respond to an infectious disease outbreak.67
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
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 Committee, noted in his comments on the final version of the bil that other authorities existed for
public health matters:
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 to public health problems such as disease epidemics or environmental or nuclear catastrophes for which Federal assistance is already available...
64 P.L. 109-295, Title VI. 65 P.L. 113-2, Division B. 66 P.L. 115-254, Division D. 67 T wo emergency declarations under the Stafford Act were made in the fall of 2000 for West Nile virus control.
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2018 (DRRA)58 was enacted through an FAA reauthorization measure. DRRA had provisions to broaden federal investments from the DRF into mitigation efforts that protect public infrastructure, as well as making changes to the Stafford Act’s Public Assistance and Individual Assistance programs.59
In addition to more frequent “traditional” catastrophic disasters, major disaster assistance programs under the Stafford Act were used for the first time in the context of an infectious disease outbreak during the COVID-19 pandemic.60 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).
6861 The declarations authorized assistance to The declarations authorized assistance to
al all 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.69 FEMA notes that 50 states, four territories, and the District of Columbia have al requested and received major disaster
declarations for COVID-19 response.70
Later that month, a supplemental appropriation for the DRF was provided in the CARES Act, P.L.
116-136, Division B, providing $45 bil ion in emergency-designated supplemental appropriations. As with other DRF appropriations, this funding was not provided specifical y for COVID-19 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 obligated $7.271 bil ion from the DRF on Stafford Act costs related to COVID-19 declarations: $3.700 bil ion on operating expenses, and $3.289 bil ion on Public Assistance programs, which reimburses eligible public and
nonprofit entities for the costs of major disaster response and recovery. $179 mil ion was
provided through the Individual Assistance program.
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 bil ion from the DRF. This initiative would be implemented through the Other Needs Assistance program under the Individual Assistance programs under the Stafford Act.71 Almost $43 bil ion was obligated for this program before it terminated72—more than three-quarters of the DRF obligations related to COVID-19 to that point,73 and more than six times the $6.8 bil ion obligated
under the ONA program to that point since its inception in 2002.74
In addition to an annual appropriation of $17.142 bil ion for the DRF in Division F of the
Consolidated Appropriations Act, 2021 (P.L. 116-260), Division M included a $2 bil ion supplemental appropriation for the DRF, specifical y for the COVD-19-related funeral expenses incurred 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, territory, or tribe. 69 https://www.whitehouse.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford-act/
70 https://www.fema.gov/disasters/coronavirus/disaster-declarations, as retrieved October 15, 2020. FEMA also notes that 32 tribes are working with FEMA under the emergen cy declarations.
71 For more information on the Lost Wages Assistance program, see CRS Insight IN11492, COVID-19: Supplementing
Unem ploym ent Insurance Benefits (Federal Pandem ic Unem ployment Com pensation vs. Lost Wages Assistance), by Katelin P. Isaacs and Julie M. Whittaker. 72 Federal Emergency Management Agency, “Lost Wages Assistance T otals,” October 26, 2020, email from FEMA Congressional Affairs. 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/sites/default/files/2020-10/fema_disaster-relief-fund-report_10-2020.pdf. 74 CRS analysis of ONA data from OpenFEMA databases 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.
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In 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 with public health emergencies. Congress may choose to refine this novel application, or reset the authorities of the Stafford Act along its earlier
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
through the appropriations process. Three types of appropriations support these activities: Supplemental Appropriations are requested by the Administration on an ad hoc basis, general y to address a need not sufficiently covered in the annual appropriations process. These move on a
short timetable and general y do not go through the complete committee process. More than 82%
of net appropriations for the DRF have been provided through supplemental appropriations. of those declarations to request major
55 P.L. 109-295, Title VI. 56 P.L. 113-2, Division B. 57 FEMA defines a catastrophic disaster as any incident (encompassing one or more major disaster declarations for the same event) that costs the DRF more than $500 million.
58 P.L. 115-254, Division D. 59 For additional information on these reforms, see CRS Report R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory Provisions.
60 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. The 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 DRF in 2000 (according to the Emergency Management Section of the New Jersey State Police), and $2,931 million under the COVID-19 disaster declaration from the DRF as of the end of FY2021 (according to FEMA’s October 2021 monthly report on the DRF). 61 While the President made a single announcement, the declarations themselves apply to each individual state, territory, or tribe.
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disaster declarations.62 FEMA notes that 50 states, five territories, the District of Columbia, and three tribes all requested and received major disaster declarations for COVID-19 response.63 For more information on the various applications of Stafford Act authorities pursuant to this incident, see CRS Report R47048, FEMA’s Role in the COVID-19 Federal Pandemic Response.
Remarks from the passage of the Stafford Act seem to indicate that such applications may not have been what the architects of the measure envisioned. While not explicitly excluding the use of the major disaster declaration for infectious disease, Representative Arlen Stangeland (R-MN), the ranking member of the Subcommittee on Water Resources of the House Public Works and Transportation Committee, noted in his comments on the final version of the bill that other authorities existed for public health matters:
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 to public health problems such as disease epidemics or environmental or nuclear catastrophes for which Federal assistance is already available....
In March, 2021, the American Rescue Plan Act (P.L. 117-2; ARPA) was signed into law. Included in Section 4005 was a $50 billion mandatory appropriation for the Disaster Relief Fund, the first mandatory budget authority ever provided to that account.
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 through the appropriations process. Three types of appropriations support these activities:
Supplemental Appropriations: Requested by the Administration on an ad hoc basis, generally to address a need not sufficiently covered in the annual appropriations process. These move on a short timetable and generally do not go through the complete committee process.
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
al owallow 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).
62 https://www.whitehouse.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford-act/
63 CRS analysis of data at https://www.fema.gov/disaster/declarations. FEMA also records that 46 other tribes were working with FEMA under emergency declarations.
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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
bil bill in the in the
1940s—the Second Deficiency Appropriations Act, 1948.1940s—the Second Deficiency Appropriations Act, 1948.
7864 Deficiency appropriations Deficiency appropriations
bil sbills, ,
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
bil sbills. 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.
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
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 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.” 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 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.
7965 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
At one point, Congress was statutorily required to use the
emergency designation for disaster relief 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 “
al all 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.
8066 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. Codethe restrictions of this section of the U.S. Code
.81
With the passage of the Budget Control Act in 2011, which provided additional budgetary flexibility 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 “DRF Funding
History: FY1964-FY2021” section below for details.67
Before the implementation of special budgetary treatment specifically for disaster relief in the FY2013 annual appropriations cycle, 86.1% of appropriations for the DRF were provided through supplemental appropriations. See “Calculation of the Annual Appropriations Request” for a discussion of why supplemental appropriations are central to ensuring adequate funding for the DRF. .
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.
Once the initial separate authorization was put in place for general disaster relief, appropriations were provided for FY1952, FY1956-FY1958, and FY1962. As noted above, with the 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 have been provided each year since FY1964, with only
two exceptions.82
79came in 1950.
64 P.L. 80-785. 65 P.L. 102-229, the “Dire Emergency Supplemental Appropriations and P.L. 102-229, the “Dire Emergency Supplemental Appropriations and
T ransfersTransfers 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.”
8066 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.
81
67 P.L. 106-74 P.L. 106-74
, at 115 Stat. 687. T he. The same clause appeared same clause appeared
inuntil FY2003, but has not been a part of enacted DRF FY2003, but has not been a part of enacted DRF
appropriations since appropriations since
then. The Balanced Budget Act of 1997 (P.L. 105-33) had altered the structure of the underlying budgetary provisions, removing the particular emergency requirement designation upon which the statutory requirement relied.
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Once the initial separate authorization was put in place for general disaster relief, appropriations were provided for FY1952, FY1956-FY1958, and FY1962. As noted above, with the 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 have been provided each year since FY1964, with only two exceptions.68
Disaster Relief then.
82 In FY1984 and FY1991, no appropriation was requested or made for disaster relief, as unobligated balances were deemed sufficient to fund anticipated disasters. See Federal Emergency Management Agency, Justification of
Estim ates, Fiscal Year 1984, Part 2, Washington, DC, January 1983, p. DR-3, and Federal Emergency Management Agency, Justification of Estim ates, Fiscal Year 1992, Washington, DC, February 1991, p. DR-3.
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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
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)part of the Budget Control Act of 2011 (P.L. 112-25, BCA)
reduced the DRF’s reliance on supplemental appropriations, and changed its structure.
More Annual Appropriations:
Establishment in the BCA of a specific budget exception for disaster relief linked to the Stafford Act that was distinct from the broader exception for “emergency requirements” made it easier to provide budget made it easier to provide budget
authority to the DRF in the annual appropriations process.authority to the DRF in the annual appropriations process.
8369 FY2013 was the first year this FY2013 was the first year this
mechanism was used over the course of the whole annual appropriations process. mechanism was used over the course of the whole annual appropriations process.
Using FY2020
dollars to compensateControlling for inflation, for inflation,
in the first six years of the disaster relief adjustment the DRF received more annual appropriations than it had during its entire pre-BCA existence going back to 1948. Since the implementation of the disaster relief adjustment in the annual appropriations process, the percentage of DRF appropriations provided through annual appropriations has risen from less than 14% to more than 41%.
The FY2023the DRF received $46.547 bil ion in annual appropriations during the 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 $17.863 bil ion annual appropriation for the DRF of $19.945 billion was its largest annual appropriation ever, breaking the previous record was its largest annual appropriation ever, breaking the previous record
of $18.799 billion set by the set by the
FY2019FY2022 annual annual
appropriation.
Changes in DRF Account Structure:
As the new mechanism required identifying resources within the DRF that were specifically for major disasters, since the FY2013 annual appropriationsappropriation. That record was nearly eclipsed by the FY2021 annual
appropriation of $17.142 bil ion.
Since the FY2013 budget request, FEMA has bifurcated request, FEMA has bifurcated
its annual appropriations the DRF request 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 Support Programs. The former category is eligible for the
BCA designation as designation as
“disaster relief,” while the latter category is not, and usually“disaster relief,” a designation that triggers an upward adjustment of statutory discretionary spending limits to accommodate it without triggering sequestration. The latter category is not, and usual y scores
scores against discretionary spending limits. against discretionary spending limits.
The
The
al owableallowable adjustment for disaster relief expired at the end of FY2021. According to OMB, it adjustment for disaster relief expired at the end of FY2021. According to OMB, it
had covered $104 had covered $104
bil ion billion in major disaster costs through FY2021.in major disaster costs through FY2021.
84 70 Over the life of the BCA, 93% of covered 93% of covered
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 does get temporary replenishment from continuing resolutions (CRs) at times, until its annual
appropriations are finalized.
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
operations provided in the resolution.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, appropriations went to the DRF.
68 In FY1984 and FY1991, no appropriation was requested or made for disaster relief, as unobligated balances were deemed sufficient to fund anticipated disasters. See Federal Emergency Management Agency, Justification of Estimates, Fiscal Year 1984, Part 2, Washington, DC, January 1983, p. DR-3, and Federal Emergency Management Agency, Justification of Estimates, Fiscal Year 1992, Washington, DC, February 1991, p. DR-3.
69 See “Changes in the Budget Process” later in this report; and CRS In Focus IF10720, Calculation and Use of the Disaster Relief Allowable Adjustment, by William L. Painter.
70 Office of Management and Budget, OMB Sequestration Update Report to the President and Congress for Fiscal
Year 2021, Washington, DC, August, Washington, DC, August
20, 2020, p. 15, https://www.whitehouse.gov/wp-content/uploads/2020/08/20, 2020, p. 15, https://www.whitehouse.gov/wp-content/uploads/2020/08/
Sequestration_Update_August_2020.pdf; and Office of Management and Budget,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 (continued...)
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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 continued effectively to exempt such funding from spending limits within the congressional budget process.71 When Congress reestablished statutory limits on discretionary spending for FY2024 and FY2025, it also restored the disaster relief adjustment.72
Continuing Appropriations
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 appropriations are finalized.73
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 operations provided in the resolution.74
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
general ygenerally 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
cal scalls 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 resources are available. Such language can be found in
the initial CRs for FY2018 through FY2021, which al CRs since FY2018, which all 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.
8775
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 Relief
Fund appropriation can fund disaster reliefappropriation 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 yearof the fiscal year
, —DHS contingency plans for lapses in annual appropriations specifically note that “Disaster Relief Fund activities wil continue operations”—but lapses in annual appropriations have an impact on agency efficiency.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.
8876 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 in the event of a
shutdown and furlough, while staff directly shutdown and furlough, while staff directly
engaged in activities to prevent loss of life or property are not subject engaged in activities to prevent loss of life or property are not subject
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.
71 S.Con.Res. 14, §4004(b)(6). 72 P.L. 118-5, §101(b)(3). For further discussion, see “Changes in the Budget Process” later in this report. 73 For more information on continuing resolutions, see CRS Report R46595, Continuing Resolutions: Overview of Components and Practices.
74 P.L. 97-92; 95 Stat. 1187. 75 See, for example, P.L. 115-56, Division D, §129; P.L. 115-245, Division C, §124; and P.L. 116-59, §133. 76 For details, see CRS Report R43252, FY2014 Appropriations Lapse and the Department of Homeland Security: Impact and Legislation, by William L. Painter.
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to furlough, other staff are not available to review to furlough, other staff are not available to review 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-FY2021
The following figures show appropriations for the DRF from FY1964 through The following figures show appropriations for the DRF from FY1964 through
FY2021FY2023. .
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,
8977 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
FY2021FY2023 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. FY2021 saw the DRF receive its largest gross appropriations 2000s and again starting in FY2013. FY2021 saw the DRF receive its largest gross appropriations
in its history, in nominal dollars, due to the $50 in its history, in nominal dollars, due to the $50
bil ion billion in mandatory supplemental funding in mandatory supplemental funding
provided in the American Rescue Plan Act. However, when inflation is taken into account, 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.
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, FY2014 Appropriations Lapse and the Department of Homeland Security:
Im pact and Legislation, by William L. Painter.
8978
A table showing the underlying data for each figure appears in the Appendix.
77 FY2005, FY2006, and FY2017. FY2005, FY2006, and FY2017.
90 T he78 The 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
ot herother 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.
Congressional Research Service
Congressional Research Service
2018
Figure 2. Nominal Dollar Disaster Relief Appropriations, FY1964-FY2021FY2023
Source: CRS analysis of appropriations laws. CRS analysis of appropriations laws.
Notes: Totals for FY2005, FY2006, FY2018, FY2020 Totals for FY2005, FY2006, FY2018, FY2020
, FY2021, and FY2023, and FY2021 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 FY2013
numbers do not reflect the impact of sequestration.numbers do not reflect the impact of sequestration.
Supplemental data include contingent appropriations and Supplemental data include contingent appropriations and
al appropriation sall appropriations under the heading of “Disaster under the heading of “Disaster
Relief” or Relief” or
“Disaster“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
specifical y specifically enumerated in appropriations acts. For information on trends in the declarations that helped drive the demand for these appropriations, see CRS Report R42702, enumerated in appropriations acts. For information on trends in the declarations that helped drive the demand for these appropriations, see CRS Report R42702,
Stafford Act Declarations 1953-2016: Trends, Analyses, and Implications for Congress, by Bruce R. Lindsay. , by Bruce R. Lindsay.
CRS-
CRS-
2119
Figure 3. FY2021 Dollar Disaster Relief Appropriations, FY1964-FY2021FY2023
Source: CRS analysis of appropriations laws. CRS analysis of appropriations laws.
Notes: Totals for FY2005, FY2006, FY2018, FY2020, Totals for FY2005, FY2006, FY2018, FY2020,
and FY2021FY2021, and FY2023, 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 FY2013
numbers do not reflect the impact of sequestration.numbers do not reflect the impact of sequestration.
Supplemental data include contingent appropriations and Supplemental data include contingent appropriations and
al appropriation sall appropriations under the heading of “Disaster under the heading of “Disaster
Relief” or Relief” or
“Disaster“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
specifical y specifically enumerated in appropriations acts. For information on trends in the declarations that helped drive the demand for these appropriations, seeenumerated in appropriations 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 1953-2016: Trends, Analyses, and Implications for Congress, by Bruce R. Lindsay. , by Bruce R. Lindsay.
CRS-
CRS-
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The Disaster Relief Fund: Overview and Issues
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.”
9179 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. consideration.
COVID-19 and the DRF
In the interest
In the interest
of discussing the traditional applications of the DRFof discussing the traditional applications of the DRF
, the fol owing analysis for the most part leaves the fol owing analysis for the most part leaves
aside the single largest draw on its resources—theaside the single largest draw on its resources—the
COVID-19 pandemic. COVID-19 pandemic.
As noted above, the decision The decision to use to use
Stafford Act Stafford Act
resources resources in the pandemic response was unprecedented: by the end of the first quarter of in the pandemic response was unprecedented: by the end of the first quarter of
FY2022, more than $89 bil ion FY2024, more than $120 bil ion had been obligated for COVID-19 pandemic response and recovery fromhad been obligated for COVID-19 pandemic response and recovery from
the DRF—even the DRF—even
when adjusted for inflation, this was morewhen adjusted for inflation, this was more
than had been appropriated for the DRF fromthan had been appropriated for the DRF from
its inception through its inception through
FY2001. FY2004. The Trump AdministrationThe Trump Administration
also chose to use a large amount of DRF resourcesalso chose to use a large amount of DRF resources
for to fund a new unemployment a new unemployment
assistance initiative,assistance initiative,
which led to morewhich led to more
than $40 bil ionthan $40 bil ion
in additional obligations from the DRF in lessin additional obligations from the DRF in less
than two than two
months—approximately five timesmonths—approximately five times
what had already been provided as assistance to states. what had already been provided as assistance to states.
Given the unique Given the unique
nature of the applications of DRF funding for COVID-19 responseDRF funding for COVID-19 response
and recovery,and recovery,
the analyses in this section the analyses in this section
focus on the changing appropriations levelsfocus on the changing appropriations levels
for the DRF infor the DRF in
its roleits role
as a resourceas a resource
to respond to for more traditional “kinetic” traditional “kinetic”
disasters,disasters,
such as earthquakes, flooding, and storms,such as earthquakes, flooding, and storms,
rather than pandemics. More information on this topic can be found in CRS Report R47048, FEMA’s Role in the COVID-19 Federal Pandemic Responserather than pandemics. A separate CRS analysis of the use of Stafford Act authorities to address the COVID-19 pandemic is currently under development. .
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
cal scalls 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.
Equal yEqually 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.
9280 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
20212023, the United States has averaged more , the United States has averaged more
91than eight weather-related disaster events that each cost $1 billion or more each year.81 The
79 Department of Homeland Security, Department of Homeland Security,
Disaster Relief Fund, Fiscal Year 2019 Congressional Budget Justification , ,
FederalFederal
Emergency Management Agency, Washington, DC, February 2018,Emergency Management Agency, Washington, DC, February 2018,
p. FEMA-DRF-30. FEMA budget p. FEMA-DRF-30. FEMA budget
justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budgetjustifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget
. .
9280 For information on forecasts for hurricane-specific disaster costs, see Congressional For information on forecasts for hurricane-specific disaster costs, see Congressional
Budget Budget Office, Office,
Potential
Increases in Hurricane Dam ageDamage in the United States: Im plicationsImplications for the Federal Budget, Washington, DC, June , Washington, DC, June
2016, https://www.cbo.gov/publication/51518. 2016, https://www.cbo.gov/publication/51518.
81 These cost figures are based on CPI-adjusted data.
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2827 The Disaster Relief Fund: Overview and Issues
than seven weather-related disaster events that each cost $1 bil ion or more each year.93 The frequency of these events is increasing. From 1980 through 2007, more than seven frequency of these events is increasing. From 1980 through 2007, more than seven
bil ionbillion-dollar -dollar
events occurred in only one year (1998). Since 2007, these events have become more frequent: events occurred in only one year (1998). Since 2007, these events have become more frequent:
only one year since 2007 has seen only one year since 2007 has seen
fewer than seven such events. Ten or more such events have than seven such events. Ten or more such events have
occurred each year since occurred each year since
20152011. The average over the last five years (2019-2023) is more than 20 billion-dollar events. The United States was struck by . The United States was struck by
2228 such events in such events in
2020, an
annual record.94
The contrast2023, exceeding the previous annual record set in 2020 of 22 events.82
The contrast in funding for the DRF between the period of high-frequency, high-impact events from FY2012 to the between the period of high-frequency, high-impact events from FY2012 to the
present day and the relatively calm period of the 1980s is present day and the relatively calm period of the 1980s is
il ustrated in illustrated in Figure 3. Without the Without the
driver of large disasters, DRF appropriations remained modest. During the period from FY1981 driver of large disasters, DRF appropriations remained modest. During the period from FY1981
to FY1991, to FY1991,
abnormal yunusually low levels of disaster activity led to no supplemental appropriations for 7 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 of those 11 fiscal years, 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 fiscal years for which this has occurred since FY1964. By contrast, over the last
nineseven years, the years, the
DRF has required sustained high levels of appropriationsDRF has required sustained high levels of appropriations
, including five of its seven highest total appropriations ever by fiscal year,. Total nominal dollar appropriations for the DRF for each year never went below $12 billion. Even adjusting for adjusting for
inflation, all seven fiscal years were among the 11 highest years of funding for the DRF, and four were within the top five. The top four years of outlays from the DRF all occurred over the four-year period of FY2020 through FY2023.
Figure 4 shows the relationship between billion-dollar events and catastrophic incidents—those that cost the DRF more than $500 million each. Note that not all of the billion-dollar loss events resulted in more than $500 million in expenditures from the DRF. The most expensive of the catastrophic events—pandemic COVID-19—is not included in NOAA’s billion-dollar event accounting, as it is not weather-related. The right axis shows annual obligations from the DRF, to illuminate the effect of these events on DRF obligations. Given its unprecedented nature and high cost, white dots with green borders show DRF obligations for non-COVID events.
82inflation, and its three largest annual
appropriations ever from FY2019 through FY2021.
Further analysis of recent pre-COVID-19 pandemic years shows the association between
appropriations for the DRF and the frequency of high-cost events is closer than the association with the number of major disaster declarations. Table 1 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 disasters incurring more than $500 mil ion in projected costs to FEMA in terms of the federal share of Stafford Act programs, and the totals of those costs by fiscal year of the incident. The last column shows the total gross appropriations for the DRF for
each fiscal year. Given the unusual Stafford Act and DRF activity related to COVID-19, FY2020
is set aside when calculating the annual average.
Table 1. Disaster Declaration Activities and Projected Costs of Catastrophic
Disaster Declarations, FY2004-FY2020
Total Projected
Number of
FEMA Costs of
Number of
Catastrophic
Catastrophic
Total Gross DRF
Major Disaster
Disaster
Disasters
Appropriation
Fiscal Year
Declarations
Declarations
($millions, nominal)
($millions, nominal)
2004
65
5
6,906
4,023
2005
45
5
47,919
68,427
2006
53
1
2,606
-16,391
2007
67
0
—
5,743
2008
68
3
8,048
12,935
2009
63
0
—
1,178
2010
79
1
573
6,573
2011
98
2
1,344
2,650
2012
46
1
706
7,076
2013
65
3
22,767
18,469
93 T hese cost figures are based on CPI-adjusted data. 94 NOAA, National Centers for Environmental Information (NCEI), NOAA, National Centers for Environmental Information (NCEI),
U.S. Billion-Dollar Weather and Climate Disasters (2018), https://www.ncdc.noaa.gov/billions/(2018), https://www.ncdc.noaa.gov/billions/
. Note that NOAA data here is presented as calendar years (January-December) rather than fiscal years (October-September). .
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Figure 4. Number of $1 Billion Loss Events and Catastrophic Incidents,
FY2014-FY2023, with DRF Obligations, Controlling for COVID-19 Obligations
Source: CRS analysis of NOAA bil ion-dol ar events research and DRF monthly reports. Notes: All events tallied by fiscal year. Amounts are not indexed for inflation. DRF obligations data does not reflect the year-end closeout adjustments performed in the month after the fiscal year is complete; however, these amounts are not large enough to be reflected in the Figure. Total obligations do not reflect set-asides or obligations associated with the Building Resilient Infrastructure and Communities program. Deobligations of funding, rescissions, and transfers are not reflected.
Figure 4 nevertheless shows the increasing trend in the number of billion-dollar loss events over the last 10 years, and an increasing number of half-billion DRF cost events. It also shows, as expected due to the significance of recovery costs from large events, that relief most often comes in the form of reimbursements after the fact. However, the level of obligations from the DRF has more to do with the relative severity of the event, as opposed to the number of events, as the severity of the COVID-19 response shows.
Further analysis of the 10 most recent fiscal years reinforces the association between catastrophic incidents and the level of appropriations for and obligations from the DRF. Figure 5 shows the level of appropriations for the DRF for each of the last 10 fiscal years, followed by two columns showing total DRF obligations and DRF obligations for catastrophic disasters.
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Figure 5. DRF Appropriations and Obligations, FY2014-FY2023
(Reflecting the comparative size of obligations for catastrophic events)
Source: CRS analysis of fiscal year-ending Disaster Relief Fund: Monthly Reports from FEMA, FY2014-FY2023, Appendices A and B. Notes: Data does not reflect the year-end closeout adjustments performed in the month after the fiscal year is complete. However, these amounts are not large enough to be reflected in the figure. Total obligations do not reflect set-asides or obligations associated with the Building Resilient Infrastructure and Communities program. Deobligations of funding, rescissions, and transfers also are not reflected. FEMA credits $16 bil ion in supplemental appropriations for the DRF in the same measure as the FY2024 Continuing Resolution as FY2024 funding, so those funds are not reflected in this figure.
The DRF continues
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Total Projected
Number of
FEMA Costs of
Number of
Catastrophic
Catastrophic
Total Gross DRF
Major Disaster
Disaster
Disasters
Appropriation
Fiscal Year
Declarations
Declarations
($millions, nominal)
($millions, nominal)
2014
48
0
—
5,897
2015
44
0
—
6,729
2016
41
2
3,407
6,329
2017
60
8
85,991
13,996
2018
54
2
2,914
45,011
2019
53
4
6,628
12,005
2020
100
33a
79,601
62,863
Total
1,049
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: Emails from FEMA Office of Congressional Affairs to CRS, September 24, 2019, and November 9, 2020; and data from FEMA’s database of disaster declarations by year, as of November 12, 2019 (https://www.fema.gov/disasters/year). 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. a. Of the 59 major disaster declarations made for COVID-19 as of this writing, 31 individual declarations were
projected to have a federal share of over $500 mil ion as of November 2020. Given the changing level of FEMA involvement and increasing federal cost shares for certain elements of response and recovery, that number is likely to increase.
Taking the FEMA catastrophic event cost projections and the net total DRF appropriations from
the two right-hand columns in Table 1 and matching them up in Figure 4 il uminates two key 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 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.95
Figure 4 focuses on FY2000 through FY2019, supplementing the above data with obligation data that il ustrate total annual obligations for the DRF.96 This il ustrates visual y how appropriations
are driven by catastrophic events, and are spent over the ensuing years to pay for recovery costs.
The yel ow 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 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
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 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
programs.
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 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
immediately.
Disaster relief appropriations continue to pay the costs of recovery from catastrophic incidents for to pay the costs of recovery from catastrophic incidents for
years after they occur. For example, in years after they occur. For example, in
FY2021FY2023, FEMA obligated , FEMA obligated
almost $12.6 bil ion $7.9 billion in DRF in DRF
funding for ongoing recovery from funding for ongoing recovery from
pastnon-pandemic catastrophic disasters catastrophic disasters
(not including the COVID-19 pandemic)that occurred in FY2020 or earlier, including , including
almost $5.6 billion for Hurricanes Harvey, Irma, Maria, and the 2017 California wildfires, $146 million almost $9.4 bil ion for the four 2017 events mentioned above, $569 mil ion for Hurricane Sandy (2012)for Hurricane Sandy (2012)
, and $ and $
69 mil ion267 million for costs from for costs from
hurricanesHurricanes Katrina, Rita, and Wilma Katrina, Rita, and Wilma
(2005).
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Figure 4. Catastrophic Disaster Costs, DRF Appropriations and Obligations
(FY2000-FY2019)
Source: CRS analysis of FEMA data reflected in Table 1 and provided via email to CRS in October 2020. 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. Obligations are net of deobligations. (2005).
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.
Initial yInitially, 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
gradual ygradually. 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
smal ersmaller-scale incidents, as -scale incidents, as
wel well as proactive declarations prior to potential disasters as proactive declarations prior to potential disasters
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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
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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 3, with the trend of increased , with the trend of increased
general disaster relief appropriations on a general disaster relief appropriations on a
smal small 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 be seen if the
unprecedentednovel use of the Stafford Act to support COVID-19 response use of the Stafford Act to support COVID-19 response
, including expansions of unemployment assistance beyond state unemployment eligibility, wil become a regular application of DRF resources. For a more detailed discussion of changes to authorized programs, see “1966-1974: The Disaster Relief Act of 1966—General Relief Broadens” and
“1974-Present: The Era of Federal y Coordinated Emergency Management.” will become a precedent for future use of the Stafford Act and DRF resources.83
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
general ygenerally 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
overal overall 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,
al owingallowing 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, BCA) not only reestablished statutory spending
In 2011, the Budget Control Act (P.L. 112-25, BCA) not only reestablished statutory spending
limits, but also provided a special designation for the costs of major disasters, in addition to the limits, but also provided a special designation for the costs of major disasters, in addition to the
emergency designation.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
spending on disaster relief. It is not a restriction on how much can be spent on disasters, however—funding in excess of the al owable adjustment for disaster relief is stil eligible for an 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
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 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
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disasters.97 In a report reviewing supplemental appropriations enacted during the 1980s, CBO indicated that number fel to less than 1%.98 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
supplemental appropriations to provide disaster relief, noting the following:
84
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 Budget Office (CBO) noted that in the 1970s, “about 5%” of supplemental funding was for disasters.85 In a report reviewing supplemental appropriations enacted during the 1980s, CBO indicated that number fell to less than 1%.86 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 supplemental appropriations to provide disaster relief, noting the following:
83 For a more detailed discussion of changes to authorized programs, see “1966-1974: The Disaster Relief Act of 1966—General Relief Broadens” and “1974-2017: The Era of Federally Coordinated Emergency Management.”
84 See the “Disaster Relief Designation” subheading under “Annual Appropriations,” above, for further discussion. 85 Congressional Budget Office, Supplemental Appropriations in the 1970s, Staff Working Paper, Washington, DC, July 1981, p. xiv, https://www.cbo.gov/publication/15398.
86 Congressional Budget Office, Supplemental Appropriations in the 1980s, Washington, DC, February 1, 1990, pp. 29, 32, https://www.cbo.gov/publication/17127.
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[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 than what would eventually be spent in those to provide in regular appropriations—less than what 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.
9987
Figure 2 andand Figure 3 do not show a distinct impact of budget controls on the do not show a distinct impact of budget controls on the
overal overall 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 BCAdisaster relief designation under the BCA
enabled higher funding levels for disasters in the annual enabled higher funding levels for disasters in the annual
appropriations appropriations
bil sbills, as disaster relief-designated appropriations did not compete with other , as disaster relief-designated appropriations did not compete with other
appropriations for limited discretionary resources, either within the appropriations for limited discretionary resources, either within the
al ocationsallocations provided to the provided to the
subcommittee funding FEMA, or within the subcommittee funding FEMA, or within the
overal overall discretionary spending limit. In the early discretionary spending limit. In the early
years of the disaster relief designation, this increased annual funding also reduced the frequency years of the disaster relief designation, this increased annual funding 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 56 shows shows
a 20-year gross funding history funding for the DRF from FY2004 through for the DRF from FY2004 through
FY2021, FY2023, 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
breakdow nbreakdown of of
funding provided within budget limitationsfunding provided within budget limitations
(discretionary spending) and beyond budget (discretionary spending) and beyond budget
limitations limitations (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
FY2013FY2013—the only time that the disaster relief designation was used in a supplemental appropriations measure. The absence of the gross discretionary bar from FY2021 through FY2023 shows the reliance of the DRF “base” on carryover balances from the CARES Act in that period. It also shows the first mandatory supplemental spending for the DRF—$50 . It also shows the first mandatory supplemental spending for the DRF—$50
bil ion billion through the American Rescue Plan Act (P.L. 117-2) in FY2021—which is subject to different through the American Rescue Plan Act (P.L. 117-2) in FY2021—which is subject to different
controls than discretionary appropriations. controls than discretionary appropriations.
97 Congressional Budget Office, Supplemental Appropriations in the 1970s, Staff Working Paper, Washington, DC, July 1981, p. xiv, https://www.cbo.gov/publication/15398.
98
87 Congressional Budget Congressional Budget Office, Supplemental Appropriations in the 1980s, Washington, DC, February 1, 1990, pp. 29, 32, https://www.cbo.gov/publication/17127. 99 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 56. DRF Annual and Supplemental Appropriations Within and Beyond
Discretionary Spending Limits, FY2004-FY2021 FY2023
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.
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
initial y delegated theinitially delegated the authority for directing federal agencies in a disaster to the Housing and Home Finance
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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);
10088 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).
10189 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.
10290 It remained It remained
with that office until its abolishment in 1973, when disaster relief powers were transferred from with 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 DOD back to HUD, where those powers were exercised by the Federal Disaster Assistance
Administration (FDAA).Administration (FDAA).
103 91
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
stil still 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.
104 92
1978: The Creation of the Federal Emergency Management Agency
In 1978, responding to support
In 1978, responding to support
from state governors for a more cohesive emergency management structure at the 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.
“Past Experience” and Various Averages
In the early 1980s (1983-1985), FEMA provided justifications for the Disaster Relief
In the early 1980s (1983-1985), FEMA provided justifications for the Disaster Relief
appropriation that included management and coordination, individualappropriation that included management and coordination, individual
assistance, and public assistance, and public
assistance activities. These activities were also supported under the Emergency Management assistance activities. These activities were also supported under the Emergency Management
Planning and Assistance appropriation and the Salaries and Expenses appropriation for FEMA. Planning and Assistance appropriation and the Salaries and Expenses appropriation for FEMA.
These justifications noted that actual disaster relief requirements were based on unpredictable These justifications noted that actual disaster relief requirements were based on unpredictable
100 Harry S. T rumanexternal factors. The FY1984 justification noted, “The budget requests mentioned are based on
88 Harry S. Truman, 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.
10189 Harry S. Harry S.
T ruman Truman, Executive Order 10427, “Administration of Disaster Relief,” January 16, 1953., Executive Order 10427, “Administration of Disaster Relief,” January 16, 1953.
102 CRS 90 CRS Report 78-102, Report 78-102,
Emergency Preparedness and Disaster Assistance: Federal Organization and Program sPrograms, by , by
Clark F. Norton, April 18, 1978, p. CRS-37Clark F. Norton, April 18, 1978, p. CRS-37
(out of print; available to congressional clients from the author).
91.
103 Norton, p. CRS-38. Norton, p. CRS-38.
10492 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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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.”
10593
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.”
10694 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
mil ion to $275 mil ion.107million to $275 million.95
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,
108 as wel 96 as well 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
mil ion million in savings through in savings through
unspecified “legislativeunspecified “legislative
and administrative reforms.”and administrative reforms.”
10997
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
mil ionmillion was exceeded by the FY1990 obligation of over $2 was exceeded by the FY1990 obligation of over $2
bil ion billion for costs related to Hurricane for costs related to Hurricane
Hugo110
Hugo98 and the Loma Prieta earthquake.and the Loma Prieta earthquake.
11199
The FY1994 request included a great deal of information on prior-year activities, discussing these
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 elements in the context of average levels of obligations, and noting the impact of larger disasters
in prior years, but did littlein prior years, but did little
to specifical y to specifically justify the request level of $292 justify the request level of $292
mil ion.112million.100
Five-Year Averages (With Exceptions)
For FY1995, the budget discussion evolved, as FEMA justified the request on the basis of the
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 first five years of activities under the Stafford Act, and the series of major disasters that had
105struck.101 The use of the five-year average continued through the 1990s and early 2000s, with
93 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.
10694 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
Estim atesEstimates, Fiscal Year 1986 (submitted to Congress), February (submitted to Congress), February
1985, p. DR-2. 1985, p. DR-2.
10795 Ibid. Ibid.
108 T he96 The 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.
109
97 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.
110
98 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.
11199 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. 1991, p. DR-2.
112100 Federal Emergency Management Agency, Federal Emergency Management Agency,
Justification of Estimates, Fiscal Year 1994 (submitted to Congress), (submitted to Congress),
Washington, DC, March 1993, p. DR-3. Washington, DC, March 1993, p. DR-3.
101 Federal Emergency Management Agency, Justification of Estimates, Fiscal Year 1995 (submitted to Congress), (continued...)
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struck.113 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
wel well. 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.
114102 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
wil will 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).”
115103 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
mil ionmillion 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
bil ionbillion 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. 112-25; disaster relief programs. When Congress passed the Budget Control Act of 2011 (P.L. 112-25;
BCA), it created statutory caps on spending as BCA), it created statutory caps on spending as
wel well as a special mechanism to exempt some of the as a special mechanism to exempt some of the
costs of major disasters from those caps. (costs of major disasters from those caps. (
See See “Changes in the Budget Process” ” for details.) for details.)
A $500
A $500
mil ion million 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.
116104 This rose to $1 This rose to $1
bil ion billion in FY2015. For FY2019, the reserve request increased to $2 in FY2015. For FY2019, the reserve request increased to $2
bil ionbillion “due to “due to
the uncertainty around the availabilitythe uncertainty around the availability
of additional supplemental funding to continue addressing of additional supplemental funding to continue addressing
the 2017 hurricanes.”the 2017 hurricanes.”
117105
In FY2013, FEMA shifted from using a 5-year average to using a 10-year average of non-
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 catastrophic obligations, plus the estimated requirements for past major disasters, plus the
reserve, as the basis for their reserve, as the basis for their
overal overall DRF request.106
Washington, DC, February DRF request.118
113 Federal Emergency Management Agency, Justification of Estimates, Fiscal Year 1995 (submitted to Congress), Washington, 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.
114102 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.
115103 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) 1. FEMAEmergency Management Agency, Washington, DC, 2008, pp. FEMA (DRF) 1. FEMA
budget budget justifications justifications
from FY2009 going forward are available at https://www.dhs.gov/dhs-budget. from FY2009 going forward are available at https://www.dhs.gov/dhs-budget.
116
104 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-6. FEMA budgetEmergency Management Agency, Washington, DC, 2011, pp. DRF-5, DRF-6. FEMA budget
justifications justifications
from FY2009 going forward are available at https://www.dhs.gov/dhs-budget. from FY2009 going forward are available at https://www.dhs.gov/dhs-budget.
117105 Department of Homeland Security, 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-3. FEMA budget -DRF-3. FEMA budget
justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budgetjustifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget
. 118.
106 Department of Homeland Security, 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, FEMA budget justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget.
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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. In FY2020, FEMA began to request funding for a statutorily established set-aside for the Building Resilient Infrastructure and Communities program mitigation program outlined in P.L. 115-254, §1234.107 The set-aside amount is equal to 6% of the estimated aggregate amount of eight types of assistance required for each major disaster. The law, as it requires there to be no reduction in those grants as a result of the set-aside, implies the need for additional funding in the DRF appropriation.108
The Post-BCA Era: Current Practices
As noted in the “Disaster Relief Designation” subsection above, the statutory discretionary spending limits of the BCA and the disaster relief allowable adjustment expired at the end of FY2021. Since then, the Administration has requested, and Congress has continued to provide a similar adjustment within the budget process, both in FY2022 without statutory limits, and under the budget agreement that set discretionary budget limitations for FY2024 and FY2025.
The methodology for calculating the DRF request has remained consistent since FY2013:
• To calculate the anticipated need for the DRF base, the annual budget request
relies on the 10-year historical average of the costs of emergency declarations, Fire Management Assistance Grants, and pre-disaster surge activities, plus spend plan information for Disaster Readiness and Support Activities. Within those amounts, FEMA projects pay costs based on a five-year historical average.109
• For the costs of major disasters, the annual budget request relies on the 10-year
historical average of the costs of major disasters costing less than $500 million each, plus the planned spending for past catastrophic disasters. Within those amounts, FEMA projects pay costs based on a five-year historical average.
• In addition, the DRF request for major disasters has continued to a $2 billion
reserve for initial operations in response to significant events, and funding the set-aside for the BRIC program.110
• These amounts are offset by projected unobligated budget authority carried over
from the prior fiscal year and deobligations of previously awarded disaster relief budget authority that is no longer eligible for use due to changes in project parameters.
Known Limitations to this Calculation
Given the structure of the budget process, the federal role in disaster response and recovery, and the realities of major disasters as events of limited predictability and highly variable expense, developing an annual budget request that is authoritatively reflective of future requirements is a virtual impossibility. FEMA notes several limitations of the current methodology in its annual statement of its DRF funding requirements:
107 For more information, see CRS Insight IN11515, FEMA Pre-Disaster Mitigation: The Building Resilient Infrastructure and Communities (BRIC) Program, and other work by Diane P. Horn available on the CRS website.
108 42 U.S.C. §5133(i)(3). 109 Department of Homeland Security, Disaster Relief Fund, Fiscal Year 2022 Congressional Budget Justification, Federal Emergency Management Agency, Washington, DC, 2021, pp. FEMA-DRF-25 and 28. FEMA budget justifications from FY2009 going forward are available at https://www.dhs.gov/dhs-budget.
110 FEMA, “Disaster Relief Fund: Fiscal Year 2024 Funding Requirements,” Fiscal Year 2023 Report to Congress, March 13, 2023, p. 6.
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• Leaving out new catastrophic disasters, beyond the reserve for new significant
event response, as FEMA points out, means the Administration will need to seek supplemental appropriations in the event of almost any catastrophic event. Not only are the costs of new catastrophic disasters not reflected in the budget request for the coming fiscal year, that request does not include the cost of catastrophic disasters that occur in the fiscal year during which the request is being considered. These omissions are the largest driver in shortfalls in the major disasters subaccount of the DRF.
• The practical inability of the request to reflect disaster activity in the fiscal year
when it is under consideration—activity that will affect the size of carryover balances and recoveries that may be relied on in the request—means the request is almost certain to mismatch with the actual need. One aspect of this is that the delay of obligations from one project into the next fiscal year may help mitigate a shortfall in one year, only to exacerbate one in the next.
• For existing catastrophic disasters, the request for a given fiscal year is based on
cost estimates. It is then matched up with projections based on spend plans, which are more reflective of projected needs, as they just reflect the obligation plans for the current year. Even these spending plans shift, which can result in monthly fluctuations of projected end-of-year balances and potential shortfalls, resulting in uncertainty about the required level of supplemental appropriations.
Predicting future events, especially ones as out-of-the-ordinary as disasters, presents a real challenge. This is compounded by the rising potential costs of the catastrophic events that drive most of the spending from the DRF. Without an agreed-upon model to project those costs in the budgeting process, even if these events become more rare, the DRF by necessity will continue to rely on supplemental appropriations to meet disaster funding requirements.
When the DRF Runs Low
At times, the balance in the DRF has dropped to a point that raises concern about its ability to address current and/or impending incidents. When this occurs, FEMA implements When this occurs, FEMA implements
“Immediate“Immediate
Needs Funding” (INF) restrictions,Needs Funding” (INF) restrictions,
which which
al owallow FEMA to prioritize, FEMA to prioritize,
to an extent, obligation of to an extent, obligation of
funds from the DRF, limiting them to “life-safety and life sustaining efforts.”
This restriction is made through FEMA guidance documents, rather than regulations. INF restrictions were put into place seven out of the nine years from FY2003 through FY2011. After management changes (see “If the DRF Runs Out of Money” below), INF restrictions were not implemented again until FY2017, when a series of major hurricanes, including Hurricane Maria, and wildfires were poised to draw heavily on DRF resources.
The most recent implementation of INF restrictions was on August 29, 2023. FEMA initiated immediate needs funding as the unobligated balance in the DRF dropped to $3.4 billion in the middle of responses to multiple major disasters.111 FEMA lifted the restriction on October 2, 2023, after enactment of a continuing resolution112 that provided up to $19.95 billion in temporary budget authority for the DRF through November 17, 2023, and a $16 billion supplemental appropriation ($15.50 billion for the costs of major disasters, and $500 million for the DRF base).
111 FEMA, “FEMA Advisory: FEMA Announces Implementation of Immediate Needs Funding,” Office of External Affairs email, August 29, 2003.
112 P.L. 118-15.
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Under the most recent INF restriction, FEMA indicated that it would pause new Public Assistance (PA) and Hazard Mitigation obligations that were not essential for lifesaving and life-sustaining activities. It further indicated that under the restriction, it would continue to provide:
• Individual Assistance payments directly to survivors for critical needs and
housing;
• Public Assistance for states, tribes and territories essential for lifesaving and life-
sustaining activities;
• State management costs; • Mission assignments of federal partners for critical response activities; • Fire Management Assistance grants; and • Essential ongoing disaster operations, including salaries of FEMA field staff
(Stafford Act employees).
If the DRF Runs Out of Money…
The DRF came close to depletion in FY2011. FEMA had implemented immediate needs funding restrictions late that August. Four days before the end of the fiscal year, the Director of OMB noted in a letter to the Senate Majority Leader that “the DRF wil likely finish the fiscal year exhausted with a de minimis cash flow balance of less than a day’s operating expenses.” A continuing resolution (P.L. 111-242) was enacted the day before the end of the fiscal year, which replenished the DRF with temporary budget authority. Today’s DRF is managed differently than it was in 2011. After the 2011 close call, FEMA changed the internal processes of obligation from the DRF, to maintain unobligated balances longer over the course of regular operations. Also, the DRF is no longer managed as a single fund. As noted earlier in the report, the DRF is now divided into a base subaccount and a major disasters subaccount. As they have distinct purposes, the resources from one subaccount cannot be used for the other without fol owing formal reprogramming procedures. Since FY2013, “depletion of the DRF” is usually shorthand for the unobligated balance in the major disasters DRF subaccount falling to zero. Although unobligated resources for the BRIC program are not included in FEMA’s calculation of the balance of the
major disasters DRF subaccount, since May 2021, FEMA has indicated in its monthly reporting that those resources could be redirected to help cover the immediate response and recovery needs pursuant to major disasters once the major disasters subaccount is otherwise depleted.113 (This remedy has yet to be effected.) If the major disasters DRF subaccount (including BRIC funding) were exhausted, decisions on whether certain activities could continue would be based on the same exceptions that allow other unfunded activities to continue in a lapse in annual appropriations. There are existing statutory exceptions for:
1. activities where authorization exists in law to incur obligations without prior appropriations; 2. activities where such authorization is implied; 3. activities necessary for the discharge of the President’s duties under the Constitution; 4. activities necessary for the protection of life and property; and 5. activities required for an orderly shutdown of operations.
The fourth item is obviously the most significant exception in regards to disaster response and recovery. The exception is generally considered to be for direct federal activity—not for grants, not for financial assistance, and not for salaries of federal employees working on disaster activity that had been funded through the DRF. If the DRF is exhausted, it is likely that a significant number of personnel would be furloughed, as without funding, a number of activities cease, including:
•
Planning (such as strategic, business, or budgetary activities);
•
Research and development activities;
•
Most policy functions, administrative, as well as programmatic, unless those functions are justified by an exception;
113 FEMA, Disaster Relief Fund: Monthly Report, May 11, 2021, p. 4, https://www.fema.gov/sites/default/files/documents/fema_may-2021-disaster-relief-fund-report.pdf.
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•
Auditing;
•
Most regulatory, legislative, public affairs, and intergovernmental affairs unless those functions are justified by an exception; and
•
Training and development not deemed an excepted activity.
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 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. 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
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 of the appropriation for the DRF as emergency-designated budget authority contingent on the
Administration Administration
specifical yspecifically requesting the additional funds and designating them as an emergency 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 requirement. An example of this structure can be found in P.L. 103-75, a supplemental
appropriations appropriations
bil bill for FY1993: for FY1993:
For an additional amount for ‘‘Disaster relief”, $1,735,000,000, and in addition,
For an additional amount for ‘‘Disaster relief”, $1,735,000,000, and in addition,
$265,000,000,$265,000,000,
which shall be available only to the extent an official budget request for a 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 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 emergency requirement as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985,Act of 1985,
as amended, is transmitted by the President to Congress, to remain available as amended, is transmitted by the President to Congress, to remain available
until September 30, 1997, for the Midwest floods and other disasters: until September 30, 1997, for the Midwest floods and other disasters:
Provided, That the , That the
entire amount is designated by Congress as an emergency requirement pursuant to section entire amount is designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i)251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and title I, chapter II, of amended, and title I, chapter II, of
Public LawP.L. 102-229. 102-229.
124114
The FY2002 annual disaster relief appropriation was the last annual appropriation that included
The FY2002 annual disaster relief appropriation was the last annual appropriation that included
this type of contingent appropriation. this type of contingent appropriation.
Reserve Funds
While appropriations requests for the DRF for many years included a special appropriated reserve
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 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 outside the DRF has also been proposed in the past, which would enable appropriations for
broader non-Stafford disaster relief initiatives. broader non-Stafford disaster relief initiatives.
In FY2002, alongside a request for the DRF that included disaster support costs and funding for
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 prior-year disasters, the Administration proposed the creation a of $5.6
bil ionbillion National National
Emergency Reserve Emergency Reserve
al owanceallowance to support the costs of “significant new disasters.” The DRF, the 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 Small Business Administration (SBA) Disaster Loan Program, and wildfire programs at the 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 Department of Agriculture and Department of the Interior would have been the primary recipients
of this funding.of this funding.
125115 The annual reserve would have been established in the budget resolution, and 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 based on the average annual spending on “extraordinarily large events.” It would have been
al ocatedallocated to the appropriations subcommittees to fund presidential requests for emergency to the appropriations subcommittees to fund presidential requests for emergency
114 107 Stat. 750. 115 Federal Emergency Management Agency, Justification of Estimates, Fiscal Year 2002 (submitted to Congress), Washington, DC, 2001, pp. DR-6, DR-7.
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requirements if two criteria were met: “the events were sudden, urgent, unforeseen, and not 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 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 by the Appropriations Committees.” Unused reserve amounts could be rolled over into the next
year.year.
126116 The proposal was not adopted. The proposal was not adopted.
Rescissions and Transfers from the DRF
Rescissions are
Rescissions are
cancel ationscancellations of previously appropriated budget authority. They are made at times of previously appropriated budget authority. They are made at times
to redirect unobligated balances to other purposes through further appropriation, or to offset a 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 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.FY1948 through FY2003, rescissions were made three times from the DRF.
127117 From FY2004 From FY2004
through the present day, rescissions have been made through the present day, rescissions have been made
1011 times. times.
Five of the Five of the
1011 occurred before the enactment of the BCA: occurred before the enactment of the BCA:
• In FY2004, $225 In FY2004, $225
mil ion million of an earlier $500 of an earlier $500
mil ion million supplemental appropriation to supplemental appropriation to
the DRF was rescinded as an offset for federal funding for certain wildfire costs
the DRF was rescinded as an offset for federal funding for certain wildfire costs
in California.in California.
128
118
• In FY2006, over $23.4 In FY2006, over $23.4
bil ionbillion of $60 of $60
bil ion billion in gross appropriations for the DRF in gross appropriations for the DRF
was rescinded and reappropriated to other disaster recovery programs across the
was rescinded and reappropriated to other disaster recovery programs across the
government.government.
129
119
• In FY2008 and FY2009, three rescissions of DRF funding for the Hazard 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
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.the state to purchase and deploy an interoperable communications system.
130120
With the restructuring of the DRF appropriation under the BCA, FEMA faced a new
With the restructuring of the DRF appropriation under the BCA, FEMA faced a new
chal enge.
Periodical ychallenge. Periodically, obligated funds that were no longer needed or eligible, obligated funds that were no longer needed or eligible
to be used for their original to be used for their original
purpose would be “deobligated” and returned to the DRF for use. It was unclear whether those purpose would be “deobligated” and returned to the DRF for use. It was unclear whether those
deobligateddeobligated
funds should be assigned to the base, or to the costs of major disasters. 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 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. the base, as they were appropriated without a specified intent.
These were not insignificant amounts—in FY2013, FEMA recovered almost $910
These were not insignificant amounts—in FY2013, FEMA recovered almost $910
mil ion.131million.121 Because the base is spent at a much slower rate than the disaster relief-designated portion of the Because 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 DRF, a sizeable unobligated balance accrued. Both the Obama Administration and Trump
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 Administration proposed rescinding portions of the unobligated recovered funds, including a request from the Trump Administration to rescind $250 million in FY2020. From FY2014 through FY2017, almost $2.5 billion was rescinded from the DRF, which offset a portion of the cost of the annual DHS appropriations bills.122
116 Office of Management and Budget, Analytical Perspectives, Budget Enforcement Act Preview Report, FY2002, ,
Executive Office of the President, Washington, DC, 2001, p. 243.Executive Office of the President, Washington, DC, 2001, p. 243.
127
117 P.L. 97-12; P.L. 100-6; and P.L. 104-134. P.L. 97-12; P.L. 100-6; and P.L. 104-134.
128118 P.L. 108-199, Division H, §102. P.L. 108-199, Division H, §102.
129119 P.L. 109-148, Division B. P.L. 109-148, Division B.
130120 P.L. 101-161, §573; P.L. 110-329, Div. B, §10501; P.L. 111-32, §603. P.L. 101-161, §573; P.L. 110-329, Div. B, §10501; P.L. 111-32, §603.
131121 Federal Emergency Management Agency, Federal Emergency Management Agency,
Disaster Relief Fund: Monthly Report, October 7, 2021, p. 4, , October 7, 2021, p. 4,
https://www.fema.gov/sites/default/files/documents/fema_disaster-relief-fund-report_102021.pdf. https://www.fema.gov/sites/default/files/documents/fema_disaster-relief-fund-report_102021.pdf.
122 This 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 FY2021 indicated they had recovered more than $8.1 billion over the course of the fiscal year (reflecting the elevated level of (continued...)
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Administration proposed rescinding portions of the unobligated recovered funds, including a request from the Trump Administration to rescind $250 mil ion in FY2020. From FY2014 through FY2017, almost $2.5 bil ion was rescinded from the DRF, which offset a portion of the
cost of the annual DHS appropriations bil s.132
The appropriations committees took a different approach in FY2019, specifical y including language in the DHS appropriations act to use unobligated balances to fund part of the existing DRF appropriation.133 This had the same net effect as rescinding the funds, in that the total net appropriation was smal er, 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 appropriations returned to the more frequently used approach, rescinding $300 mil ion.134 No
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 recovery as a backstop for state, local, territorial, and tribal governments, providing limited relief
The appropriations committees took a different approach in FY2019, when the Administration requested a $300 million rescission from the DRF in its budget proposal. Congress included language in the FY2019 DHS appropriations act to use $300 million in unobligated balances to fund part of the existing DRF appropriation.123 This had the same net effect as rescinding the funds, in that the net appropriation was smaller, but also made a statement that the DRF balances were being used for Stafford Act purposes.
Additional rescissions were taken in FY2020 ($300 million)124 and FY2022 ($147.6 million). In all of these cases, the rescissions were taken from the DRF base, rather than funds used to pay for costs pursuant to major disasters.
At times transfers have been made from the DRF appropriation to fund specific disaster-related costs. The first of these was a $5 million transfer to cover the costs of assistance to certain workers adversely affected by a drought in 1988. Recent transfers from the DRF include:
• Office of Inspector General—First transfer from the DRF in annual
appropriations for FY2000. Starting with the FY2002 DRF appropriation, transfers were made to support OIG oversight of disaster relief activities, first to the FEMA OIG, then the DHS OIG. Such transfers are now frequently part of supplemental appropriations for the DRF.
• Community Disaster Loans—Authorized in 1974, Community Disaster Loans
(CDLs) provide support for communities suffering revenue losses as the result of a disaster.125 Loans are funded through the Disaster Assistance Direct Loan Program (DADLP). Although the program is part of the Stafford Act, as specific separate appropriations were provided for it in FY1992, the DADLP is not eligible for funding through the general DRF appropriation absent specific transfer language. DADLP received its first transfer from the DRF for CDLs in a supplemental appropriation for the DRF in FY1992.126
• Hermit’s Peak / Calf Canyon Fire Settlement—The FY2023 Continuing
Appropriations Act included a $2.5 billion transfer of unobligated balances from the DRF base to settle claims of victims injured by the Hermit’s Peak/Calf Canyon Fire.127 This transfer was specifically made from the unobligated resources provided in the CARES Act, specifically the remains of $15 billion that was directed to the DRF base.128
• USAID Compact Aid Agreement—Unlike the other transfers, which are made
on the basis of language in appropriations measures, a small transfer from the DRF base is projected each year to cover the costs of disaster relief pursuant to the Compacts of Free Association, under which USAID manages disaster relief
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.
123 P.L. 116-6, Division A. 124 P.L. 116-93, Division D, §540. 125 P.L. 93-288, §414. 126 P.L. 102-139. 127 P.L. 117-180, Section 136. 128 P.L. 116-136.
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and reconstruction assistance for the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.129
These transfers are distinct from the BRIC funding “set-aside,” which earmarks budget authority within the major disasters subaccount of the DRF for program use. Should other funding in the major disasters subaccount become fully obligated, unobligated balances originally designated for the BRIC program can be made available for immediate response needs.
Issues for Congress 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 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
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
al all 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
wouldmay not provide any obvious policy or budgetary advantage. Existing non-Stafford programs 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 or designated as emergency requirements, which are designated for the costs of major disasters or designated as emergency requirements,
following the terms outlined in budget resolutions. Shifting discretionary spending out of one following the terms outlined in budget resolutions. Shifting discretionary spending out of one
appropriations subcommittee’s jurisdiction into another provides no appropriations subcommittee’s jurisdiction into another provides no
overal overall budgetary benefit—budgetary benefit—
the total amount of spending remains the same. Subcommittee the total amount of spending remains the same. Subcommittee
al ocationsallocations are set and reset every are set and reset every
year (sometimes multiple times each year) at the discretion of the House and Senate year (sometimes multiple times each year) at the discretion of the House and Senate
appropriations committees, so such a move could appropriations committees, so such a move could
wel well result in no net impact on available result in no net impact on available
resources.resources.
129 For more context, see CRS Report R46573, The Freely Associated States and Issues for Congress; and USAID/ FEMA, “Operational Blueprint for Disaster Relief and Reconstruction in the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI),” January 31, 2017, https://2017-2020.usaid.gov/sites/default/files/documents/1861/Operational_Blueprint_FEMA-USAID-OFDA_FINAL_31JAN17.pdf.
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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 the immediate aftermath of a disaster, but it is not clear that
reorganizing fundingsuch reorganization would make the would make the
programs programs
subject to more thorough oversight or make them more effective. It could limit the ability more effective or subject to more thorough oversight. The move could actually limit the ability 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
al owallow 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 Actprovisions of the Stafford Act
for the first time to respond to a public health crisis to respond to a public health crisis
for the first time. As the country . 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?
• 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
mil ionmillion. .
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 projected needs to pay for potential
significant “no notice” events“no notice” events
. —this reserve request now stands at $2 billion. Even with this reserve, in FY2023, there was concern that the available funding in the major disasters DRF category could be depleted prior to the end of the fiscal year due to catastrophic events and higher-than-expected costs of previous incidents. Although FEMA indicates that funding set aside within the major disaster portion of the DRF is available for responding to events if its other funds are depleted, this is not the stated congressional intent for those funds, and FEMA has never accessed those resources.
On the other hand, as noted above, from On the other hand, as noted above, from
FY2014 to FY2017, almost $2.5 FY2014 to FY2017, almost $2.5
bil ion billion 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. 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
reserves for FEMA to keep available in the DRF, especial y as the work performed under the
Stafford Act evolves. FEMA’s budget explicitly states that in the event of catastrophic disaster activity, it will need to come to Congress for supplemental appropriations for the DRF, as it has in the past.
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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
smal small part of the discretionary budget, and an even part of the discretionary budget, and an even
smal ersmaller part part
of the of the
overal overall 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
general y wil inggenerally willing 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 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 the statutory adjustment for disaster relief at the end of FY2021, new agreements
wil will need to be need to be
reached. The central question for disaster relief budgeting is this: Does disaster relief represent reached. The central question for disaster relief budgeting is this: Does disaster relief represent
enough of a priority for the federal government to maintain the status quo notwithstanding enough of a priority for the federal government to maintain the status quo notwithstanding
potential increasing costs? potential increasing costs?
When budget controls were put in place
When budget controls were put in place
starting in the 1980s, in the 1980s,
1990s, and 2010sup through 2022, exceptions were , 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—has gone disaster relief spending—albeit one with a limited practical effect, as noted above—has gone
away. The away. The
al owableallowable adjustment for disaster relief expired as adjustment for disaster relief expired as
wel well, although a similar mechanism , although a similar mechanism
to adjust the limits set by budget resolutions and subcommittee to adjust the limits set by budget resolutions and subcommittee
al ocationsallocations was included in the was included in the
FY2022 budget resolution. The adjustment has effectively FY2022 budget resolution. The adjustment has effectively
al owedallowed 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
al ocation.135 allocation.130 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
smal ersmaller 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
annual yannually in appropriations legislation. in appropriations legislation.
135 T his
130 This is also true for other appropriations associated with funding relief and recovery efforts after major disasters, but 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, over the 10-year life of the statutory adjustment, 93% of designated appropriations went to the DRF. For more details,
see CRSsee CRS
In FocusIn Focus
IF10720, IF10720,
Calculation and Use of the Disaster Relief Allowable Adjustm entAdjustment, by William L. , by William L.
P ainterPainter. .
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Appendix. General Disaster Relief Appropriations,
FY1964-FY2021FY2023
Table A-1. Nominal Dollar Disaster Relief Appropriations, FY1964-FY2021FY2023
Thousands of
Thousands of
dol arsdollars 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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4546 The Disaster Relief Fund: Overview and Issues
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
2021
17,142,000
17,142,000
52,000,000
52,000,000
69,142,000
69,142,000
63,226,000
63,226,000
2022
18,799,000
200,000
18,999,000
18,800,907
2023
19,945,000
21,200,000
41,145,000
41,129,500
Total
152,808,019
325,625,656
478,433,675
437,568,541 Total
114,064,019
304,225,656
418,289,675
377,638,134
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
al all 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
specifical y specifically enumerated in appropriations acts or explanatory statements. enumerated in appropriations acts or explanatory statements.
Congressional Research Service
41
The Disaster Relief Fund: Overview and Issues
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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The Disaster Relief Fund: Overview and Issues
Table A-2. FY2021FY2023 Dollar Disaster Relief Appropriations, FY1964-FY2021FY2023
Thousands of
Thousands of
dol arsdollars of budget authority of budget authority
Supplemental
Appropriations
Fiscal
Annual
(includes contingency
Fiscal Year
Net Fiscal Year
Year
Appropriations
appropriations)
Total
Total
1964
1964
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) 179,250
448,125
627,375
627,375
1965
176,795
309,390
486,185
486,185
1966
473,220
559,260
1,032,480
1,032,480
1967
126,199
80,347
206,546
206,546
1968
162,442
-
162,442
162,442
1969
76,367
267,284
343,651
343,651
1970
1,229,832
542,573
1,772,405
1,772,405
1971
439,900
169,192
609,093
609,093
1972
539,867
-
539,867
539,867
1973
562,055
3,038,136
3,600,191
3,600,191
1974
2,242,572
182,770
2,425,341
2,425,341
1975
1,021,853
-
1,021,853
1,021,853
1976
894,263
-
894,263
894,263
1977
444,421
888,843
1,333,264
1,333,264
1978
627,520
1,255,041
1,882,561
1,882,561
1979
769,589
746,501
1,516,089
1,516,089
1980
673,841
3,028,107
3,701,948
3,701,948
1981
1,177,054
-
1,177,054
1,151,981
1982
878,138
-
878,138
878,138
1983
360,658
-
360,658
360,658
1984
-
-
-
-
1985
255,362
-
255,362
255,362
1986
300,081
625,170
925,251
875,237
1987
291,771
139,746
431,517
413,342
1988
282,047
-
282,047
270,295
1989
226,064
2,504,790
2,730,854
2,730,854
1990
216,308
2,526,711
2,743,019
2,743,019
1991
-
-
-
-
1992
373,940
8,360,096
8,734,037
8,629,352
1993
573,437
3,926,377
4,499,814
4,499,628
1994
563,311
9,084,358
9,647,669
9,647,669
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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 1995
599,495
12,270,910
12,870,405
12,870,405
1996
407,326
-
407,326
(1,618,296)
1997
2,372,360
5,930,901
8,303,261
8,267,317
1998
570,352
2,851,761
3,422,113
3,422,113
1999
541,997
3,180,709
3,722,706
3,722,706
2000
515,141
4,259,229
4,774,370
4,769,390
2001
501,788
2,174,417
2,676,205
2,587,723
2002
1,093,617
15,708,511
16,802,128
16,679,463
2003
1,280,357
2,281,116
3,561,473
3,522,299
2004
2,806,330
3,897,681
6,704,011
6,272,148
2005
3,078,598
100,239,313
103,317,911
103,144,565
2006
2,577,414
8,736,997
11,314,410
(23,867,727)
2007
2,125,027
5,822,575
7,947,603
8,135,313
2008
1,916,665
16,095,878
18,012,543
17,708,409
2009
1,919,516
-
1,919,516
1,615,684
2010
2,155,041
6,869,192
9,024,233
8,853,715
2011
3,486,686
-
3,486,686
3,486,686
2012
903,420
8,259,840
9,163,260
9,132,286
2013
8,917,797
14,618,488
23,536,285
23,501,927
2014
7,791,832
-
7,791,832
7,385,361
2015
8,762,805
-
8,762,805
8,384,059
2016
9,130,640
-
9,130,640
7,835,732
2017
8,922,813
9,009,849
17,932,662
17,040,960
2018
9,404,786
50,197,936
59,602,722
53,579,446
2019
14,687,227
-
14,687,227
14,040,465
2020
20,503,666
51,651,547
72,155,214
71,807,426
2021
19,134,635
58,044,629
77,179,264
70,575,571
2022
19,820,267
210,865
20,031,133
19,822,278
2023
19,945,000
21,200,000
41,145,000
41,129,500
Total
192,010,756
442,195,160
634,205,916
578,418,015
Source: CRS analysis of appropriations acts. Notes: Deflator used was drawn from the FY2024 Budget of the United States Government, “Historical Tables: Table 1.3—Summary of Receipts, Outlays, and of Receipts, Outlays, and
Surpluses or DeficitsSurpluses or Deficits
(—) in Current Dol ars,(—) in Current Dol ars,
Constant (FY2012) Dol ars,Constant (FY2012) Dol ars,
and as Percentages of GDP: 1940—and as Percentages of GDP: 1940—
20262028.” FY2013 numbers do not reflect.” FY2013 numbers do not reflect
the impact of sequestration. Supplemental column includes contingent the impact of sequestration. Supplemental column includes contingent
appropriations and appropriations and
al all 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.” Reductions reflectedthe language “for an additional amount.” Reductions reflected
in the Net Total column include transfers and in the Net Total column include transfers and
rescissions specifical y rescissions specifically enumerated in appropriations acts or explanatory enumerated in appropriations acts or explanatory
statements.
Congressional Research Service
43
The Disaster Relief Fund: Overview and Issues
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.
Congressional Research Service
43
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
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
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