Order Code RL33053
CRS Report for Congress
Received through the CRS Web
Federal Stafford Act Disaster Assistance:
Presidential Declarations, Eligible Activities,
and Funding
Updated September 27, 2005
Keith Bea
Specialist, American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

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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 Federal Emergency Management Agency (FEMA) of 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 almost $70 billion to the DRF in FY2005
in response to the four hurricanes that struck Florida in the fall of 2004, Hurricane
Katrina (August 25-29, 2005), and other disasters. Congress can elect to consider
supplemental appropriations should additional money be required to meet requests
for assistance, including recovery costs associated with Hurricane Rita. Information
on supplementals enacted after Hurricane Katrina is presented in CRS Report
RS22239, Emergency Supplemental Appropriations for Hurricane Katrina Relief.
This report will be updated as warranted by events.

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Contents
Overview of the Stafford Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Presidential Declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Prior to a Disaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
After a Catastrophe Occurs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Disaster Relief Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Issues for the 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Controlling Federal Expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Long-Term Recovery Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
List of Tables
Table 1. Disaster Relief Fund, FY1974-FY2005 . . . . . . . . . . . . . . . . . . . . . . . . . 8

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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, 35 such declarations have been issued (as of the date of this report), including
those for Florida, Louisiana, Alabama, and Mississippi for Hurricane Katrina, and
Texas and Louisiana after Hurricane Rita.2
Presidential Declarations. Under Stafford Act authority, five types of
actions may be taken by the President. Four of these are explicitly authorized; the
fifth (pre-positioning of supplies and resources) has been inferred.3 Unlike other
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 supplemental appropriations enacted
in FY2005 after four hurricanes struck Florida in calendar year 2004, see CRS Report
RL32581, Supplemental Appropriations for the 2004 Hurricanes and Other Disasters, by
Keith Bea and Ralph Chite. For information on Hurricane Katrina Supplementals enacted
in FY2005, see CRS Report RS22239, Emergency Supplemental Appropriations for
Hurricane Katrina Relief.
3 Following an investigation into the response to Hurricane Andrew in 1992 the General
(continued...)

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CRS-2
provisions of the Stafford Act, these declaration authorities have not been delegated
to the Secretary of the Department of Homeland Security.
Prior to a Disaster. Three types of declarations (or commitments) may be
made under Stafford Act authority before a catastrophe occurs. First, at the request
of a governor, the President may direct that Department of Defense resources be
committed to perform emergency work essential to preserve life and property in “the
immediate aftermath of an incident” that may result in the declaration of a major
disaster or emergency (discussed below).4 The statute does not define the term
“incident.”
Second, the President is authorized to provide fire management assistance in the
form of grants, equipment, personnel, and supplies to supplement the resources of
communities when fires on public property, or on private forests or grasslands,
threaten destruction that might warrant a major disaster declaration.5 Implementation
of this authority, which has been delegated to FEMA officials, requires that a
gubernatorial request be submitted while an uncontrolled fire is burning. To be
approved, state applications must demonstrate that either of the two cost thresholds
established by FEMA through regulations has been reached.6 The thresholds involve
calculations of the cost of an individual fire or those associated with all of the fires
(declared and non-declared) in a state each calendar year.7
Third, when a situation threatens human health and safety, and a disaster is
imminent but not yet declared, the Secretary of DHS may pre-position employees and
supplies. DHS monitors the status of the situation, communicates with state
emergency officials on potential assistance requirements, deploys teams and
resources to maximize the speed and effectiveness of the anticipated federal response
3 (...continued)
Accounting Office (now the Government Accountability Office) reported that “Current
federal law governing disaster response does not explicitly authorize federal agencies to
undertake preparatory activities before a disaster declaration by the President, nor does it
authorize FEMA to reimburse agencies for such preparation, even when disasters like
hurricanes provide some warning that such activities will be needed.” U.S. General
Accounting Office, Disaster Management: Improving the Nation’s Response to
Catastrophic Disasters (Washington: July 23, 1993), p. 3.
4 The statute reads “During the immediate aftermath of an incident which may ultimately
qualify for assistance under this title or title V of this Act...the Governor of the state in
which such incident occurred may request the President to direct the Secretary of Defense
to utilize the resources of the Department of Defense for the purpose of performing on
public and private lands any emergency work which is made necessary by such incident and
which is essential for the preservation of life and property. If the President determines that
such work is essential for the preservation of life and property, the President shall grant such
request to the extent the President determines practicable. Such emergency work may only
be carried out for a period not to exceed 10 days.” 42 U.S.C. 5170b(c).
5 Sec. 420 of the Stafford Act, 42 U.S.C. 5187.
6 Regulations are found at 44 CFR 204.1 et seq.
7 44 CFR 204.51.

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CRS-3
and, when necessary, performs preparedness and preliminary damage assessment
activities.8
After a Catastrophe Occurs. The Stafford Act authorizes the President to
issue two types of declarations after an incident that overwhelms state and local
resources.
Major Disaster Declaration. The President may issue a major disaster
declaration after receiving a request from the governor of an affected state.9 Major
disaster declarations may be issued after a natural catastrophe or, “regardless of
cause, [after a] fire, flood or explosion.”10 A declaration authorizes the President to
direct that the following types of disaster assistance be provided: (1) general federal
assistance for technical and advisory aid and support to state and local governments
in the distribution of consumable supplies,11 (2) essential assistance from federal
agencies to distribute aid to victims through state and local governments and
voluntary organizations, perform life and property saving assistance, clear debris, and
use resources of the Department of Defense before a major disaster (or emergency,
discussed below) occurs,12 (3) hazard mitigation grants to reduce future risks and
damages,13 (4) federal facilities repair and reconstruction,14 (5) repair, restoration,
and replacement of damaged facilities owned by state and local governments and
owners of private nonprofit facilities that provide essential services,15 (6) debris
removal through the use of federal resources or through grants to state or local
8 This activity is not explicitly set out in the Stafford Act. The National Response Plan,
developed by DHS pursuant to congressional mandate, sets forth the following guidance:
“When advance warning is possible, DHS may deploy liaison officers and personnel to a
state emergency operations center (EOC) to assess the emerging situation.” U.S.
Department of Homeland Security, National Response Plan (Washington: 2004), p. 91.
9 For criteria considered in the declaration of a major disaster, see 44 CFR 206.48.
10 42 U.S.C. 5122(2).
11 Sec. 402 of the Stafford Act, 42 U.S.C. 5170a.
12 Sec. 403 of the Stafford Act, 42 U.S.C. 5170b. Debris removal provided as emergency
work has been designated by FEMA as “Category A” assistance. Emergency protective
measures have been designed by FEMA as “Category B” assistance.
13 Sec. 404 of the Stafford Act, 42 U.S.C. 5170c.
14 Sec. 405 of the Stafford Act, 42 U.S.C. 5171.
15 Sec. 406 of the Stafford Act, 42 U.S.C. 5172. Private nonprofit facilities that provide
“critical services” (power, water, sewer, wastewater treatment, communications, and
emergency medical care) may receive grants. Owners of other facilities that provide
essential, but not critical services, must first apply for a Small Business Administration
(SBA) loan, and may then receive grants if they are ineligible for such a loan or require aid
above the amount approved by the SBA. The permanent work supported under this
authority has been designated by FEMA as follows: “Category C,” roads and bridges;
“Category D,” water control facilities; “Category E,” buildings and equipment; “Category
F,” utilities; and “Category G,” parks, recreational facilities, and other items. For more
information see: U.S. Department of Homeland Security, Federal Emergency Management
Agency, “Public Assistance Guide - FEMA Publication 322,” available at
[http://www.fema.gov/pdf/rrr/pa/pagprnt_071905.pdf], visited Sept. 5, 2005.

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CRS-4
governments or owners of private nonprofit facilities;16 (7) assistance to individuals
and households including financial grants to rent alternative housing, direct
assistance through temporary housing units (mobile homes), limited financial
assistance for housing repairs and replacement, and financial assistance for medical,
dental, funeral, personal property, transportation and other expenses;17 (8)
unemployment assistance to individuals unemployed as a result of the major
disaster,18 (9) grants to assist low-income migrant and seasonal farmworkers to be
provided by the Secretary of Agriculture (total limited to $20 million annually)
“where the Secretary determines that a local, state or national emergency or disaster”
has resulted in a loss of income or inability to work,19 (10) food coupons and
distribution for low-income households unable to purchase nutritious food,20 (11)
food commodities for emergency mass feeding,21 (12) legal services for low-income
individuals,22 (13) crisis counseling assistance and training grants for state and local
governments or private mental health organizations to provide services or train
disaster workers,23 (14) community disaster loans to local governments that lose tax
or other revenues needed for governmental services,24 (15) emergency
communications to establish temporary communications during, “or in anticipation
of an emergency or major disaster,”25 (16) emergency public transportation to
provide transportation to essential places.26 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. Amendments to major disaster declarations often modify the
types of assistance to be provided and the areas (generally counties) included in the
major disaster declarations.
The Stafford Act does not establish a cap on the total assistance to be provided
after the President issues a major disaster declaration. However, the statute does
establish minimum and maximum restrictions on the federal assistance to be
provided. Presidents have, for the most serious and costly disasters, exercised
discretion in waiving the cost-share generally required to be provided by the affected
16 Sec. 407 of the Stafford Act, 42 U.S.S. 5173.
17 Sec. 408 of the Stafford Act, 42 U.S.C 5174. [Sec. 409, food coupons and distribution,
was redesignated Sec. 412.]
18 Sec. 410 of the Stafford Act, 42 U.S.C. 5177.
19 42 U.S.C. 5177a.
20 Sec. 412 of the Stafford Act, 42 U.S.C. 5179.
21 Sec. 413 of the Stafford Act, 42 U.S.C. 5180.
22 Sec. 415 of the Stafford Act, 42 U.S.C. 5182. [Sec. 414 of the Act waives residency
requirements for replacement housing eligibility.]
23 Sec. 416 of the Stafford Act, 42 U.S.C. 5183.
24 Sec. 417 of the Stafford Act, 42 U.S.C. 5184.
25 Sec. 418 of the Stafford Act, 42 U.S.C. 5185.
26 Sec. 419 of the Stafford Act, 42 U.S.C. 5186.

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states. The federal share of assistance, and limitations on that assistance, are as
follows.
! Essential assistance: The federal share must be at least 75% of
eligible costs.
! Hazard mitigation: Up to 75% of the cost of approved measures
may be provided, but total federal assistance cannot exceed 7.5% of
the total assistance provided under the major disaster provisions
(Title IV) of the Stafford Act.
! Repair, restoration, or replacement of public facilities: In general,
at least 75% of eligible costs must be provided, but this threshold
may be reduced to 25% if a facility has previously been damaged by
the same type of disaster and mitigation measures have not been
adopted to address the hazard. Federal aid generally will be reduced
if facilities in flood hazard areas are not covered by flood insurance.
Cost estimation regulations must be adhered to, but the President
may approve costs that exceed the regulatory limitations.
“Associated costs” associated with the employment of national
guard forces, use of prison labor, and base and overtime wages for
employees and “extra hires,” as well as “extraordinary costs”
incurred by the state, are capped at percentages established in the
statute, based on the net eligible cost of assistance. The President
must notify congressional committees with jurisdiction before
providing more than $20 million to repair, restore, or replace
facilities.
! Debris removal: The federal share must be at least 75% of the
eligible costs.
! Individual and household assistance: Temporary housing units may
be provided directly to victims of disasters, without charge, for up
to 18 months, unless the President extends the assistance “due to
extraordinary circumstances.” Fair market rents may be charged at
the conclusion of the 18 month period. Up to $5,000 (adjusted
annually) may be provided for housing repair or hazard mitigation
measures, and up to $10,000 (adjusted annually) may be provided
for the replacement of private residences.27 The federal share of
housing assistance is 100%. Financial assistance is also provided for
uninsured medical, dental, funeral, transportation, personal property,
and other needs; the federal share for this assistance is capped at
75%. The total amount of financial aid to be provided to an
individual or household cannot exceed $25,000 (adjusted annually).
27 Financial assistance to build permanent housing may be provided in insular areas outside
the continental United States “an in other remote locations” where temporary housing
alternatives are not available.

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! Unemployment assistance: Individuals unemployed as a result of a
major disaster may receive assistance for up to 26 weeks, as long as
they are not entitled to other unemployment compensation or credits.
Emergency Declaration. The declaration process for emergencies is similar
to that used for major disasters, but the criteria (based on the definition of
“emergency”) are less specific.28 The President may issue an emergency declaration
without a gubernatorial request if primary responsibility rests with the federal
government.29 The types of emergency assistance authorized to be provided under
an emergency declaration include the following: (1) activities to support state and
local emergency assistance, (2) coordinate disaster relief provided by federal and
non-federal organizations, (3) provide technical and advisory assistance to state and
local governments, (4) emergency assistance through federal agencies, (5) remove
debris through grants to state and local governments and direct federal assistance, (6)
award grants to individuals and households for temporary housing and other needs,
and (7) help states distribute medicine, food, and consumables. 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. The federal share of emergency assistance must be at least 75 percent of
eligible costs.
In considering a gubernatorial request for a Stafford Act declaration, 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, as well as 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
28 A Stafford Act “emergency” is “any occasion or instance for which, in the determination
of the President, federal assistance is needed to supplement state and local efforts and
capabilities to save lives and to protect property and public health and safety, or to lessen
or avert the threat of a catastrophe in any part of the United States.” 42 U.S.C. 5122(1).
29 “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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declared.30 Neither the Stafford Act nor implementing regulations provide for a
congressional role in the declaration process.31
FEMA policy specifies the type of assistance to be provided in each of these
categories.
Disaster Relief Fund
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. Such accounts are referred to as “no-year” accounts.32 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. For
example, over the past five decades, Congress has expanded the basic authority first
enacted in 1950 to include housing, grants for the repair of infrastructure, aid to
individuals, loans to communities for lost revenue, and other needs.
Congress has previously explored the issue of rising federal disaster assistance
costs and reliance upon supplemental appropriations.33 As shown in Table 1 below,
DRF obligations have increased considerably since 1990 in comparison to those
recorded in previous decades.
30 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 Countywide Per Capita Impact Indicator,” Federal Register, vol. 69, Oct. 19,
2004, p. 61505-61506.
31 For regulations on the request and declaration process, see 44 CFR §§206.35-206.39.
32 For background on this and other types of federal budget accounts, see CRS Report 98-
410, Basic Federal Budgeting Terminology, by Bill Heniff, Jr.
33 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
x68,500
70,542
70,542
y3,363
y3,363
Total
24,240
16,360
108,988
132,099
144,455
50,648
60,224
Sources: U.S. President, annual budget documents; appropriations legislation; U.S. FEMA budget
justifications. Nominal amounts are the actual appropriations; 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 $57.475 million was rescinded and transferred from the DRF to the
Emergency Food and Shelter Program account (P.L. 100-6; 101 Stat. 92). That amount was
returned to the fund the same year in supplemental appropriations legislation enacted in July
1987 (P.L. 100-71; 101 Stat. 412).
c. P.L. 100-202 (101 Stat. 329), 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 (101 Stat. 640), 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 (103 Stat. 775), 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
(104 Stat. 214), 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
(105 Stat. 1701), 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 (106 Stat. 248); and $2.893 billion
in P.L. 102-368 (106 Stat. 1117) 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; 107 Stat. 739).
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; 108 Stat. 13).
k. Additional supplemental appropriation approved for Northridge earthquake costs (P.L. 104-19; 109
Stat. 230) for FY1995, with the same amount ($3.275 billion) reserved for a contingency fund
for FY1996 (P.L. 104-19; 109 Stat. 231). However, $1 billion of the contingency fund was
rescinded in FY1996 omnibus appropriations, P.L. 104-134 (110 Stat. 1321-358). 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 (P.L.
104-134; 109 Stat. 254).
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; 110 Stat. 1321-358), $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 (111 Stat. 200) 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; 112 Stat. 77) 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; 113 Stat. 73) 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).

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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
spending for costs associated with Hurricane Floyd and other disasters. In addition, the
Consolidated Appropriations Act (P.L. 106-113; 113 Stat. 1501) authorized the Director of
FEMA to use up to $215 million in disaster relief funds appropriated in P.L. 106-74 (113 Stat.
1047) for the purchase of residences flooded by Hurricane Floyd, under specified conditions.
s. Supplemental appropriations legislation (P.L. 106-246; 114 Stat. 568) authorized that $50 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 (P.L. 106-246; 114 Stat.
590) 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 (115 Stat. 220) 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, $4.357 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 (115 Stat. 2238) and
P.L. 107-206 (116 Stat. 894) 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 $983.6 million in P.L. 108-69 (117 Stat. 885) and $441.7 million in P.L. 108-83 (117
Stat. 1037) 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; 117 Stat. 1137) 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 (117 Stat. 1209), 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 (117 Stat. 1220). 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; 118 Stat. 454) rescinded $225 million of the $500
million appropriated in P.L. 108-106 (117 Stat. 1220). Total of $2.043 billion taken from:
DHS, Emergency Preparedness and Response Directorate, Justification of Estimates, FY2005,
p. FEMA-18. P.L. 108-303 (118 Stat. 1124), enacted after Hurricanes Charley and Frances
struck Florida, appropriated $2 billion to the DRF and gave discretion to DHS to transfer $30
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 (118 Stat. 1247). Congress also appropriated $10 billion in P.L. 109-61 (119
Stat. 1988), approved by Congress in a special session of the leadership and signed by the
President on September 2, 2005, as an immediate response to the needs caused by Hurricane
Katrina. A second supplemental for costs associated with Hurricane Katrina ($50 billion, P.L.
109-62; 119 Stat. 1990) was approved by Congress and signed by President Bush on September
8, 2005.
y. Outlay data and constant dollar calculations based on estimates.

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Issues for the 109th Congress
Controlling Federal Expenditures. The increase in federal expenditures
for disaster assistance 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.”34 Some contend that other factors, notably
political considerations, contribute to the costs of disaster relief as well. One 2002
study by economists Thomas A. Garrett and Russell S. Sobel purports: “States
politically important to the president have a higher rate of disaster declaration by the
president, and disaster expenditures are higher in states having congressional
representation on FEMA oversight committees. Election year impacts are also
found.” Another study, which builds upon the 2002 paper, examined presidential
disasters declarations from 1981 through 2004 and found that “...the greater the
electoral prize and the more competitive the statewide presidential contest, the more
likely it is that a state will receive a presidential disaster declaration even after
controlling for actual need.”35
Another perspective on the issue was presented in a 1989 study completed by
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.”36 In light of
concerns about funding decisions after the2004-2005 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;37
34 U.S. Federal Emergency Management Agency, at [http://www.fema.gov/library/
pp2man.shtm], visited Nov. 19, 2004.
35 Andrew Reeves, “Political Disaster? Presidential Disaster Declarations and Electoral
Politics,” Abstract, unpublished paper, August 29, 2005, available online at
[http://www.people.fas.harvard.edu/~reeves/papers/fema.pdf ], visited Sept. 16, 2005.
36 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.
37 42 U.S.C. 5131.

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! 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;38
! Recovery: repair of damaged buildings and infrastructure, debris
removal, temporary housing and limited home repairs, and revenue
loss loans;39 and,
! Hazard mitigation: financial assistance before and after a major
disaster declaration is issued to reduce future disaster losses.40
The Stafford Act does not explicitly authorize the President to provide long-
term recovery assistance to communities.41 However, the federal government has
occupied the field to some extent. The Secretary of Commerce is authorized to
undertake disaster economic recovery activities.42 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.43 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.
38 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)).
39 42 U.S.C. 5172-5186.
40 42 U.SC. 5133 (pre-disaster mitigation); 42 U.S.C. 5170c (post-disaster mitigation).
41 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).
42 42 U.S.C. 3149(c)(2).
43 U.S. Department of Homeland Security, National Response Plan (Washington: 2004), pp.
ESF#14-1 through 14-6. The National Response Plan may be downloaded from the DHS
website at [http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0566.xml], visited
Sept. 16, 2005.

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