Order Code RL33053
CRS Report for Congress
Received through the CRS Web
Federal Stafford Act Disaster Assistance:
Presidential Declarations, Eligible Activities,
and Funding
August 29, 2005
Keith Bea
Specialist, American National Government
Government and Finance Division
Congressional Research Service { The Library of Congress
Federal Stafford Act Disaster Assistance: Presidential
Declarations, Eligible Activities, and Funding
Summary
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the
Stafford Act) authorizes the President to issue a major disaster declaration to speed
a wide range of federal aid to states determined to be overwhelmed by hurricanes or
other catastrophes. Financing for the aid is appropriated to the Disaster Relief Fund
(DRF), administered by the Department of Homeland Security (DHS). Funds
appropriated to the DRF remain available until expended (a “no-year” account). The
Stafford Act authorizes temporary housing, grants for immediate needs of families
and individuals, the repair of public infrastructure, emergency communications
systems, and other forms of assistance.
Because the Stafford Act provides the President with permanent authority to
direct federal aid to stricken states, Congress need not enact new legislation to meet
immediate needs. Congress appropriated over $10 billion to the DRF in FY2005,
largely in response to the four hurricanes that struck Florida in the fall of 2004. The
appropriations legislation for FY2006 includes roughly $2 billion for the DRF in both
the House and Senate versions of H.R. 2360 in conference at the time Hurricane
Katrina struck. Congress can elect to consider supplemental appropriations should
additional money be required to meet the requests for assistance.
This report will be updated as warranted by events.
Contents
Overview of the Stafford Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Presidential Declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Types of Assistance and Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Issues for the 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Controlling Federal Expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Long-Term Recovery Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
List of Tables
Table 1. Disaster Relief Fund, FY1974-FY2005 . . . . . . . . . . . . . . . . . . . . . . . . . 5
Federal Stafford Act Disaster Assistance:
Presidential Declarations, Eligible Activities,
and Funding
Overview of the Stafford Act
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the
Stafford Act) authorizes the President to issue major disaster declarations that
authorize federal agencies to provide assistance to states overwhelmed by disasters.1
Through executive orders, the President has delegated to the Federal Emergency
Management Agency (FEMA), within the Department of Homeland Security ( DHS),
responsibility for administering the major provisions of the Stafford Act. Assistance
authorized by the statute is available to individuals, families, state and local
governments, and certain nonprofit organizations.
Activities undertaken under authority of the Stafford Act are provided through
funds appropriated to the Disaster Relief Fund (DRF). Federal assistance supported
by DRF money is used by states, localities, and certain non-profit organizations to
provide mass care, restore damaged or destroyed facilities, clear debris, and aid
individuals and families with uninsured needs, among other activities. In calendar
year 2004, President Bush issued 68 major disaster declarations; in calendar year
2005, 32 such declarations have been issued, including those for Florida, Louisiana,
and Mississippi for Hurricane Katrina.2
Presidential Declarations. Under Stafford Act authority, five types of
actions may be taken, summarized as follows.
! Major disaster. The President issues a major disaster declaration
after receiving a request from the governor of the affected state.3
Major disaster declarations may be issued after a natural catastrophe
1 The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121
et seq. In addition to the assistance authorized by the Stafford Act, a wide range of aid is
provided by other federal agencies under general statutory authority.
2 For a list of major disaster declarations, see U.S. Federal Emergency Management Agency,
“Federally Declared Disasters by Calendar Year,” at [http://www.fema.gov/library/
drcys.shtm], visited Aug. 29, 2005. For information on the assistance provided after four
hurricanes struck Florida in 2004, see CRS Report RL32581, Assistance After Hurricanes
and Other Disasters: FY2004 and FY2005 Supplemental Appropriations, by Keith Bea and
Ralph Chite.
3 For criteria considered in the declaration of a major disaster, see 44 CFR 206.48.
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or, “regardless of cause, fire, flood or explosion.”4 A declaration
authorizes DHS to administer various federal disaster assistance
programs for victims of declared disasters. Each major disaster
declaration specifies the type of incident covered, the time period
covered, the types of disaster assistance available, the counties
affected by the declaration, and the name of the federal coordinating
officer.
! Emergency. The declaration process for emergencies is similar to
that used for major disasters; the President may, however, issue an
emergency declaration without a gubernatorial request if primary
responsibility rests with the federal government.5 An emergency
declaration may be issued on “any occasion or instance” in which
the President determines that federal assistance is required. Under
an emergency declaration, the federal government funds and
undertakes emergency response activities, debris removal, and
individual assistance and housing programs. DRF expenditures for
an emergency are limited to $5 million per declaration unless the
President determines that there is a continuing need; Congress must
be notified if the $5 million ceiling is breached.
! Fire suppression. The Secretary of DHS is authorized to provide
fire suppression assistance to supplement the resources of
communities when fires threaten such destruction as would warrant
a major disaster declaration.
! Defense emergency. Upon request from the governor of an affected
state, the President may authorize the Department of Defense (DOD)
to carry out emergency work for a period not to exceed 10 days.
DOD emergency work is limited to work essential for the
preservation of life and property.
! Pre-declaration activities. When a situation threatens human
health and safety, and a disaster is imminent but not yet declared, the
Secretary of DHS may place agency employees on alert. DHS
monitors the status of the situation, communicates with state
emergency officials on potential assistance requirements, and
deploys teams and resources to maximize the speed and
effectiveness of the anticipated federal response and, when
4 42 U.S.C. 5122(2).
5 “The President may exercise any authority vested in him by ... this title with respect to an
emergency when he determines that an emergency exists for which the primary
responsibility for response rests with the United States because the emergency involves a
subject area for which, under the Constitution or laws of the United States, the United States
exercises exclusive or preeminent responsibility and authority. In determining whether or
not such an emergency exists, the President shall consult the Governor of any affected state,
if practicable. The President’s determination may be made without regard to subsection (a)
of this section.” 42 U.S.C. 5191(b).
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necessary, performs preparedness and preliminary damage
assessment activities.
In considering a gubernatorial request for disaster relief, the President evaluates
a number of factors, including the cause of the catastrophe, damages, needs,
certification by state officials that state and local governments will comply with cost
sharing and other requirements, and official requests for assistance. FEMA has
established thresholds which are considered by the President and DHS officials in the
process of determining whether a major disaster is to be declared.6 Neither the
Stafford Act nor implementing regulations provide for a congressional role in the
declaration process.7
Types of Assistance and Eligibility. FEMA has established three major
categories of aid under the Stafford Act — individual and household, public, and
hazard mitigation assistance. The persons and organizations eligible for assistance
authorized by the Stafford Act may be summarized in the following fashion:
! Individuals and households — immediate temporary shelter, cash
grants (maximum of approximately $25,000, adjusted for inflation)
for uninsured emergency personal needs, temporary housing
assistance (rental and mortgage payments) generally for 18 months,
home repair grants, unemployment assistance due to the disaster,
debris removal from private property when deemed in the public
interest, emergency food supplies, legal aid for low-income
individuals, and crisis counseling;
! State, tribal, and local governments and certain private
nonprofit organizations8 — repair, reconstruction, or replacement
of infrastructure and recreational facilities; emergency protective
measures, emergency communications and transportation systems;
and loans to replace lost revenue or meet federal cost-sharing
requirements; and,
6 One indicator used in determining whether a major disaster declaration will be declared
for disasters that occur after Oct. 1, 2004, is whether damages exceed $1.14 per capita in
each affected state. See U.S. Department of Homeland Security, Federal Emergency
Management Agency, “Notice of Adjustment of Statewide Per Capita Impact Indicator,”
Federal Register, vol. 69, Oct. 19, 2004, p. 61515. Similarly, a “countywide” indicator
($2.84 per capita for disasters that occur after October 1, 2004) is used in determining which
local jurisdictions will be included in the major disaster declaration. See See U.S.
Department of Homeland Security, Federal Emergency Management Agency, “Notice of
Adjustment of Statewide Per Capita Impact Indicator,” Federal Register, vol. 69, Oct. 19,
2004, p. 61505-61506.
7 For regulations on the request and declaration process, see 44 CFR §§206.35-206.39.
8 Eligible private non-profit organizations provide essential services and are open to the
general public. Essential services include medical and custodial care, education, water,
sewer and electrical systems, homeless shelters, and cultural programs such as those offered
by museums.
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! State governments — hazard mitigation assistance to reduce future
disaster losses.
Disaster Relief Funding. Congress appropriates money to the Disaster
Relief Fund (DRF) to ensure that the foregoing federal assistance is available to help
individuals and communities stricken by severe disasters. Funds appropriated to the
DRF remain available until expended.9
Appropriations to the DRF generally evoke little controversy. Supplemental
appropriations legislation is generally required each fiscal year to meet the urgent
needs of particularly catastrophic disasters. Questions have been raised in the past
concerning the increased cost of federal disaster assistance authorized by the Stafford
Act as the categories of aid and eligibility for federal disaster assistance have
expanded.
Congress has previously explored the issue of rising federal disaster assistance
costs and reliance upon supplemental appropriations.10 As shown in Table 1 below,
DRF obligations have increased considerably since 1990 in comparison to those
recorded in previous decades.
9 Such accounts are referred to as “no-year” accounts. For background on this and other
types of federal budget accounts, see CRS Report 98-410 GOV, Fact Sheet on the Budget
Process, by Bill Henniff, Jr.
10 U.S. Congress, Senate Bipartisan Task Force on Funding Disaster Relief, Federal
Disaster Assistance, S.Doc. 104-4, 104th Cong., 1st sess., (Washington: GPO, 1995). The
House convened a task force that issued an unpublished report. Following completion of
the task force efforts, some Members introduced a concurrent resolution (H.Con.Res. 39,
104th Congress) seeking a “fundamental overhaul of federal disaster policies.” See also U.S.
Congress, House Committee on the Budget, Task Force on Budget Process, Budgetary
Treatment of Emergencies, hearing, 105th Cong., 2nd sess., June 23, 1998 (Washington:
GPO, 1998).
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Table 1. Disaster Relief Fund, FY1974-FY2005
(millions of dollars, 2005 constant dollars)
Total Appropriations
Outlays
Supple-
FY
aRequest.
Original
mental
Nominal
Constant
Nominal
Constant
1974
100
200
233
433
1,412
250
816
1975
100
150
50
200
591
206
609
1976
187
187
0
187
517
362
999
1977
100
100
200
300
770
294
754
1978
150
115
300
415
997
461
1,108
1979
200
200
194
394
876
277
616
1980
194
194
870
1,064
2,175
574
1,173
1981
375
358
0
358
668
401
746
1982
400
302
0
302
526
115
201
1983
325
130
0
130
217
202
337
1984
0
0
0
0
0
243
391
1985
100
100
0
100
156
192
299
1986
194
100
250
350
533
335
511
1987
100
120
b0
120
178
219
325
1988
125
120
0
c120
173
187
269
1989
200
100
d1,108
1,208
1,674
140
194
1990
270
98
e1,150
1,248
1,668
1,333
1,781
1991
270
0
0
0
0
552
711
1992
f184
185
4,136
g4,321
5,429
902
1,134
1993
292
292
2,000
h2,292
2,816
2,276
2,796
1994
i1,154
226
j4,709
4,935
5,935
3,743
4,502
1995
320
320
k3,275
3,595
4,235
2,116
2,492
1996
320
222
k3,275
k3,497
4,042
2,233
2,581
1997
320
l1,320
l3,300
4,620
5,248
2,551
2,898
1998
m2,708
320
n1,600
1,920
2,155
1,998
2,242
1999
o2,566
p1,214
q1,130
2,344
2,597
3,746
4,149
2000
2,780
r2,780
0
2,780
3,019
2,628
2,853
s, t
2001
2,909
300
t5,890
6,249
3,217
3,413
2002
u1,369
664
v7,008
v12,160
12,677
3,947
4,114
2003
1,843
800
w1,426
w2,199
2,255
8,541
8,761
2004
1,956
1,800
x2,275
x2,042
y2,068
y3,044
y3,082
2005
2,151
2,042
x8,500
10,542
10,542
y3,363
y3,363
Total
24,240
16,360
48,988
72,099
84,455
50,648
60,224
Sources: U.S. President, annual budget documents; appropriations legislation; U.S. FEMA budget
justifications. Constant dollar amounts based on CRS calculations in turn based on GDP (chained)
price index in U.S. President (Bush), Historical Tables, Budget of the United States Government,
Fiscal Year 2005 (Washington, 2004), pp. 184-185. Table prepared by Keith Bea, Specialist in
American National Government, Government and Finance Division.
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a. Data in the request column generally represent the first budget request submitted by the
Administration each year and do not include amended or supplemental requests. Notes in this
column provide additional detail.
b. In Feb. 1987, a total of $57.5 million was rescinded and transferred from the DRF to the
Emergency Food and Shelter Program account (P.L. 100-6). That amount was returned to the
fund the same year in supplemental appropriations legislation enacted in July 1987 (P.L. 100-
71).
c. P.L. 100-202, the Continuing Appropriations Act for FY1988, appropriated $120 million for
disaster relief. According to FEMA, the original appropriation for that fiscal year was $125
million, but $5 million was transferred to the Department of Labor for “low income agriculture
workers.”
d. Supplemental funds were included in P.L. 101-100, continuing appropriations legislation enacted
after Hurricane Hugo struck in Sept. 1989. According to FEMA, this amount was “referred to
as a supplemental but was an increase in the original appropriation during a continuing
resolution.”
e. P.L. 101-130, enacted after the Loma Prieta earthquake, appropriated $1.1 billion in supplemental
funding for FY1990. In addition, $50 million was appropriated in P.L. 101-302, dire emergency
supplemental appropriations legislation. Table 1 does not reflect a $2.5 million transfer from
the President’s unanticipated needs fund.
f. FY1992 request does not include the budget amendment of $90 million submitted by the
Administration.
g. Appropriations for FY1992 included a $943 million dire emergency supplemental in P.L. 102-229,
enacted in fall 1991 after Hurricane Bob; $300 million after the Los Angeles riots and flooding
in Chicago (spring 1992) in P.L. 102-302; and $2.893 billion in P.L. 102-368 after Hurricanes
Andrew and Iniki, Typhoon Omar, and other disasters.
h. Total for FY1993 includes the $2 billion supplemental approved after the Midwest floods in 1993
(P.L. 103-75).
i. The original FY1994 budget request was $292 million. On July 29, 1993, a supplemental request
of $862 million was sent by President Clinton to Congress.
j. Supplemental appropriations for FY1994 enacted after the Northridge earthquake struck Los
Angeles (P.L. 103-211).
k. Additional supplemental appropriation approved for Northridge earthquake costs (P.L. 104-19) for
FY1995, with the same amount ($3.275 billion) reserved for a contingency fund for FY1996.
However, $1 billion of the contingency fund was rescinded in FY1996 omnibus appropriations,
P.L. 104-134. In the same legislation, another $7 million was also appropriated to other FEMA
accounts for costs associated with the bombing of the Alfred P. Murrah federal building in
Oklahoma City.
l. The FY1998 budget appendix (p. 1047) noted a transfer of $104 million from the disaster relief
fund in FY1996. In the FY1997 appropriations act (P.L. 104-204), $1 billion that had been
rescinded in FY1996 (P.L. 104-134) was restored, and $320 million in new funds were
appropriated. Supplemental appropriations of $3.3 billion were approved in P.L. 105-18 after
flooding in the Dakotas and Minnesota, and after storms in other states were declared major
disasters. The legislation specified, however, that of the total, $2.3 billion was to be available
in FY1998 only when FEMA submitted a cost control report to Congress. This requirement was
met, and the funding was made available in FY1998.
m. The FY1998 request consisted of a $320 million base amount plus $2.388 billion “to address
actual and projected requirements from 1997 and prior year declarations.” (Budget Appendix
FY1998, p. 1047). Does not include $50 million requested for the DRF for mitigation activities.
n. Supplemental appropriations legislation (P.L. 105-174) for FY1998, approved for flooding
associated with El Niño and other disasters.
o. The FY1999 request consisted of $307.8 million for the DRF and an additional $2.258 billion in
contingency funding to be available when designated as an emergency requirement under the
Balanced Budget Act of 1985, as amended.
p. The FY1999 omnibus appropriations act (P.L. 105-277, 112 Stat. 2681-579) included $906 million
for costs associated with Hurricane Georges, flooding associated with El Niño, and other
disasters.
q. Emergency supplemental appropriations for FY1999 (P.L. 106-31) included $900 million for
tornado damages as well as $230 million for unmet needs, subject to allocation directions in the
conference report (H.Rept. 106-143).
r. FY2000 appropriations act (P.L. 106-74, 113 Stat. 1085) included disaster relief funding as
follows: $300 million in regular appropriations and $2.480 billion designated as emergency
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spending for costs associated with Hurricane Floyd and other disasters. In addition, the
Consolidated Appropriations Act (P.L. 106-113) authorized the Director of FEMA to use up to
$215 million in disaster relief funds appropriated in P.L. 106-74 for the purchase of residences
flooded by Hurricane Floyd, under specified conditions.
s. Supplemental appropriations legislation (P.L. 106-246) authorized that $77 million from the DRF
was to be used for buyout and relocation assistance for victims of Hurricane Floyd. The act also
appropriated $500 million in a separate account for claim compensation and administrative costs
associated with the Cerro Grande fire that destroyed much of Los Alamos, New Mexico.
t. P.L. 107-38 appropriated $40 billion in response to the terrorist attacks of Sept. 11, 2001. Pursuant
to the statute, these funds for FY2001 were allocated by the Office of Management Budget from
the Emergency Response Fund (ERF). Of the total appropriated in P.L. 107-38 after the Sept.
11 attacks, $4.4 billion was allocated for FY2001 through P.L. 107-117 (115 Stat. 2338). The
total available for obligation for FY2001 ($5.9 billion) taken from FEMA Justification of
Estimates, FY2003, p. DR-2.
u. Request for FY2002 did not include funding for the Disaster Relief Contingency Fund.
v. Congress appropriated a total of $7.008 billion for FY2002 in P.L. 107-117 and P.L. 107-206 to
meet additional needs associated with the terrorist attacks. Total funds available ($12.16
billion) include a transfer from TSA, $1 billion released from the Emergency Contingency Fund,
and other sources. See DHS, Emergency Preparedness and Response Directorate, Justification
of Estimates, FY2004, p. DR-2.
w. Includes $442 million in P.L. 108-69 and $938 million in P.L. 108-83 to meet needs associated
with tornadoes, winter storms, the recovery of wreckage of the Space Shuttle Columbia and
other disasters. Also, funds appropriated in these measures and in the FY2004 appropriations
act for DHS (P.L. 108-90) have been used for costs associated with Hurricane Isabel. Total of
$2.199 billion available taken from DHS, Emergency Preparedness and Response Directorate,
Justification of Estimates, FY2005, p. FEMA-18.
x. P.L. 108-106, which primarily addressed reconstruction costs in Iraq and Afghanistan, also
contained an appropriation of $500 million for needs arising from disasters in fall 2003,
including Hurricane Isabel and the California fires. Section 4002 of the act designates the funds
an emergency requirement pursuant to the budget resolution adopted by Congress (H.Con.Res.
95), but the Consolidated Appropriations Act for FY2004 (Section 102(a), Division H, P.L.
108-199) rescinded $225 million of the $500 million appropriated in P.L. 108-106. Total of
$2.043 billion taken from: DHS, Emergency Preparedness and Response Directorate,
Justification of Estimates, FY2005, p. FEMA-18. P.L. 108-303, enacted after Hurricanes
Charley and Frances struck Florida, appropriated $2 billion to the DRF and gave discretion to
DHS to transfer $300 million to the Small Business Administration for disaster loans. P.L. 108-
324, Division B of the Military Construction Appropriations Act for FY2005, appropriated an
additional $6.5 billion to the DRF.
y. Outlay data and constant dollar calculations based on estimates.
Issues for the 109th Congress
Controlling Federal Expenditures. The increase in federal expenditures
since 1990 has been the subject of some debate. A report issued by the Office of
Inspector General (OIG) for FEMA concluded that the increase in federal disaster
costs since 1989 “is due to a greater number and magnitude of disasters, expansion
of the law and eligibility for assistance, and interpretation of the law and
regulations.”11 Some contend that other factors, notably political considerations,
contribute to the costs of disaster relief as well. The author of one study reportedly
analyzed data from the insurance industry, climatic study organizations, and DHS,
and concluded that “electoral motivations ... had a dramatic effect on which states
11 U.S. Federal Emergency Management Agency, at [http://www.fema.gov/library/
pp2man.shtm], visited Nov. 19, 2004.
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were granted disaster declarations.”12 More specifically, and less dramatically,
Tarcey reported in a published summary of his work: “The best predictor of a
disaster declaration, bar none, is actual need. The question arises in these marginal
cases, when it’s unclear whether to give or not.”13
Another perspective on the issue was presented in a study completed by the
Government Accountability Office (GAO) that also considered the effects of politics
on disaster declarations. After examining presidential declaration data from the
perspective of the party affiliation of governors and members of state congressional
delegations, the authors concluded that there “were no indications that party
affiliation affected White House major disaster declaration decisions.”14 In light of
concerns about funding decisions after the hurricanes, and the rising deficit, Members
of the 109th Congress may elect to consider means of controlling costs or establishing
alternative funding mechanisms.
Long-Term Recovery Policy. The Stafford Act authorizes a variety of
assistance for stricken states through the full range of events that precede and result
from catastrophes. Specific provisions, and the phases of emergency management
to which they pertain, include
! Preparedness: funding is provided to help states and communities
develop disaster preparedness plans, improve warning systems, and
conduct training and exercise activities;15
! Emergency response: federal resources may be used to provide
equipment, supplies, and personnel to support state and local efforts,
to coordinate disaster relief operations, and provide essential
assistance to meet emergency needs;16
! Recovery: repair of damaged buildings and infrastructure, debris
removal, temporary housing and limited home repairs, and revenue
loss loans;17 and,
12 For a summary, see Andrew Reeves, “Plucking Votes from Disasters,” Los Angeles Times,
May 12, 2004, p. A19.
13 Brian Tarcey, “Flooding the Ballot Box: The Politics of Disaster,” Harvard Magazine,
at [http://www.harvard-magazine.com/on-line/030492.html], visited May 21, 2004.
14 U.S. General Accounting Office, Disaster Assistance: Timeliness and Other Issues
Involving the Major Disaster Declaration Process, GAO/RCED-89-138, May 25, 1989, pp.
1, 4.
15 42 U.S.C. 5131.
16 42 U.S.C. 5170a, 5170b. Even before a major disaster declaration is issued, the President
is authorized to direct the Secretary of Defense to use departmental resources for emergency
work essential for preserving life and property (42 U.S.C. 5170b(c)).
17 42 U.S.C. 5172-5186.
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! Hazard mitigation: financial assistance before and after a major
disaster declaration is issued to reduce future disaster losses.18
The Stafford Act does not explicitly authorize the President to provide long-
term recovery assistance to communities.19 However, the federal government has
occupied the field to some extent. The Secretary of Commerce is authorized to
undertake disaster economic recovery activities.20 The National Response Plan, the
document that sets forth agency responsibilities when major disaster declarations are
issued, includes a “Long-Term Community Recovery and Mitigation Annex.” This
annex “provides a framework for federal government support to state, regional local,
and tribal governments, nongovernmental organizations (NGOs), and the private
sector designed to enable community recovery from the long-term consequences” of
catastrophes.21 Congress may be called upon to consider whether the existing
statutory authority of the Secretary of Commerce is adequate, and to consider
whether the Secretary of DHS may undertake long-term recovery activities as set out
in the National Response Plan, or to consider other legislative initiatives
18 42 U.SC. 5133 (pre-disaster mitigation); 42 U.S.C. 5170c (post-disaster mitigation).
19 Title V of P.L. 93-288, the Disaster Relief Act of 1974 (88 Stat. 160-163), authorized the
President to provide economic recovery assistance “after the period of emergency aid and
replacement of essential facilities and services.” Congress never funded this authority, and
it was repealed in 1998 amendments (see Sec. 102(c) of P.L. 105-393, 112 Stat. 3617).
20 42 U.S.C. 3149(c)(2).
21 U.S. Department of Homeland Security, National Response Plan (Washington: 2004), pp.
ESF#14-1 through 14-6.