Stafford Act Emergency Declarations for Attacks on Federal Property

Stafford Act Emergency Declarations for Attacks on Federal Property

INSIGHTi

Stafford Act Emergency Declarations for
Attacks on Federal Property
January 12, 2021
In response to an attack (or other exigency) on federal property, the President may issue a declaration of
an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288,
Stafford Act; 42 U.S.C. §§5121 et seq.).
This Insight describes the types of federal assistance that may be provided by the Federal Emergency
Management Agency (FEMA) under an emergency declaration to support response and recovery efforts
following an attack on federal property and includes historical examples of such declarations.
Stafford Act Emergencies
A Stafford Act emergency declaration authorizes FEMA to coordinate and provide emergency assistance
for response efforts. Section 501 of the Stafford Act defines an emergency as:

Primary Federal Responsibility
Generally, the governor of an affected state or territory, or the chief executive of an affected Indian tribal
government make a formal request for an emergency declaration from the President. Section 501(b) of the
Stafford Act, however, authorizes the President to issue an emergency declaration without a request when:
Congressional Research Service
https://crsreports.congress.gov
IN11571
CRS INSIGHT
Prepared for Members and
Committees of Congress

Congressional Research Service
2

Subsequent to an emergency declaration, the governor or the chief executive may also request a major
disaster declaration, which may make additional types of federal assistance available.
Historical Section 501(b) Emergency Declarations
The President rarely declares an emergency without a governor or chief executive’s request. Examples of
Section 501(b) declarations include the Coronavirus Disease 2019 (COVID-19) pandemic, the loss of the
Space Shuttle Columbia (emergency declarations were issued for Louisiana and Texas), the 9/11 terrorist
attacks on the Pentagon, and the bombing of the Alfred P. Murrah Federal Building in Oklahoma City. As
detailed below, additional assistance was subsequently provided under a major disaster because the
incident also caused damage to households as well as state and local infrastructure.
Bombing of Alfred P. Murrah Federal Building
On April 19, 1995, former President William J. Clinton declared an emergency under Stafford Act Section
501(b) authorizing Public Assistance (PA). Under the declaration, FEMA was authorized to provide 100%
federal funding for eligible response activities in Oklahoma City. FEMA also deployed Urban Search and
Rescue teams and coordinated debris removal operations.
On April 26, 1995, the President declared a major disaster authorizing Individual Assistance (IA).
Assistance provided included Temporary Housing Assistance, Crisis Counseling Assistance, and Disaster
Unemployment Assistance, as well as Mortgage/Rental Assistance and the Individual and Family Grant
program, both of which are no longer available as forms of IA.
The 9/11 Terrorist Attacks on the U.S. Pentagon
On September 12, 2001, former President George W. Bush declared an emergency under Stafford Act
Section 501(b) authorizing PA in response to fires and explosions in the Commonwealth of Virginia.
Under the declaration, FEMA was authorized to provide 100% federal funding for eligible emergency
response activities in Arlington County. FEMA deployed Urban Search and Rescue teams, including
search dogs and structural engineers, and activated its regional emergency operations centers to help
coordinate the federal, Commonwealth, and local emergency response.
Subsequently, the Commonwealth of Virginia received a presidential major disaster declaration on
September 21, 2001. The declaration authorized IA and PA for Debris Removal and Emergency Protective
Measures in the designated areas, and Hazard Mitigation throughout the Commonwealth.

Congressional Research Service
3
Potential Applications of Section 501(b)
Section 501(b) could provide the President the authority to issue an emergency declaration for incidents
involving federal buildings and property such as the January 6, 2021, breach of U.S. Capitol security.
Such a declaration could provide emergency assistance under the Stafford Act, including PA or IA. For
emergencies, FEMA may provide financial assistance through PA for urgent response activities
(Emergency Work) including Debris Removal and Emergency Protective Measures (e.g., response
operations, personnel, and materials), as authorized in Section 502 of the Stafford Act (42 U.S.C. §5192).
Through PA, FEMA may reimburse state, local, tribal, territorial, or eligible nonprofit entities for eligible
response costs, including search and rescue, emergency medical care, and law enforcement and security
operations. FEMA may also provide assistance directly (Direct Federal Assistance) by tasking FEMA
personnel or other federal agencies to respond through “mission assignments.” For example, FEMA may
task the U.S. Army Corps of Engineers for debris removal and other emergency response functions.
If warranted, IA may be designated under an emergency declaration and may be limited to the Individuals
and Households Program (IHP) (42 U.S.C. §5174). The IHP may provide financial assistance for Housing
Assistance (e.g., Rental Assistance) and Other Needs Assistance (e.g., Personal Property Assistance)
and/or Direct Housing Assistance (e.g., a FEMA-leased Temporary Housing Unit) to eligible individuals
and households who have uninsured or under-insured necessary expenses and serious needs that cannot
otherwise be met.
Emergency Declarations for Inaugural Events
The President may also declare an emergency under the Stafford Act in anticipation of a threat “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.” In anticipation of the 56th Presidential Inauguration, former President
George W. Bush declared an emergency for the District of Columbia. The declaration authorized FEMA
to provide Direct Federal Assistance and reimburse the District of Columbia for Emergency Protective
Measures through the PA program in the case that other appropriations for the event were exhausted.
The District of Columbia has requested and received an emergency declaration in anticipation of the 59th
Presidential Inauguration. On January 11, 2021, President Donald J. Trump declared an emergency
providing 100% federal funding for Direct Federal Assistance for Emergency Protective Measures
executed from January 11 to January 24, 2021.

Author Information

Bruce R. Lindsay, Coordinator
Elizabeth M. Webster
Specialist in American National Government
Analyst in Emergency Management and Disaster

Recovery

Erica A. Lee

Analyst in Emergency Management and Disaster
Recovery

Congressional Research Service
4

Disclaimer
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 under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However,
as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the
permission of the copyright holder if you wish to copy or otherwise use copyrighted material.

IN11571 · VERSION 1 · NEW