CRS Issue Statement on Disaster Assistance and Recovery

CRS Issue Statement on Disaster Assistance and Recovery

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CRS Issue Statement on Disaster Assistance
and Recovery
Francis X. McCarthy, Coordinator
Analyst in Emergency Management Policy
January 8, 2010
Congressional Research Service
7-5700
www.crs.gov
IS40290
CRS Report for Congress
P
repared for Members and Committees of Congress
c11173008

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CRS Issue Statement on Disaster Assistance and Recovery

he 111th Congress may elect to reconsider existing policies related to disaster assistance
and recovery programs that have been adjusted several times and debated in investigatory
T hearings during the first session of this Congress, and previously in the 110th Congress.
Congress may wish to work in concert with the Administration to establish comprehensive
legislative priorities consistent with a new direction that clarifies the federal role in housing and
long-term community recovery while also working to complete the Hurricane Katrina recovery
work in an expedited manner.
Although the fifth anniversary of Hurricane Katrina approaches later this year, it remains fresh in
memory as a natural disaster of historic proportions. It is an extraordinary outlier that has come to
serve as the template for all ineffective disaster assistance and recovery. In part this is due to not
only the extraordinary challenges that ensued, but also the fundamental policy areas, such as
disaster housing and infrastructure repair, raised during the response and recovery phases.
However, subsequent disaster events, notably the Midwest floods and the hurricanes of 2008,
have served to highlight both the effective reach and continued limitations of federal disaster
assistance programs. Programs administered by the Federal Emergency Management Agency
(FEMA) and other federal entities (some administered with FEMA and others independently) are
carried out on a regular basis for presidentially declared major disasters pursuant to the
Constitution’s general welfare provision.
For more than three decades, the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (the Stafford Act, P.L. 93-288, as amended) has been the principal authorizing vehicle for
supplemental help to families and individuals and state and local governments. While the Stafford
Act has been revised and adjusted throughout its history, the 2007 Homeland Security
Appropriations Act (P.L. 109-295, also known as the Post-Katrina Emergency and Reform Act -
PKEMRA) made the most significant changes to the legislation in six years (since the Disaster
Mitigation Act of 2000, P.L. 106-390). The 111th Congress may pursue new legislative initiatives
(such as H.R. 3377, the Disaster Response, Recovery, and Mitigation Enhancement Act of 2009)
but also may closely monitor FEMA’s implementation of the additional authorities provided to it
under the PKEMRA Act, including pilot programs authorized by the Act to improve the speed and
efficacy of disaster response and recovery programs.
FEMA’s ability to leverage the programs of other federal agencies, and to coordinate the federal
structure in times of emergency under the new National Response Framework (NRF), may also
be a focal point of expected congressional concern. An example of such coordination and
consultation is the collaboration between FEMA and the Department of Housing and Urban
Development (HUD) to transition long-term post-Katrina housing responsibilities to HUD. This
effort may be addressed in the National Disaster Recovery Framework that FEMA expects to
issue in 2010. Congress may also wish to consider if these frameworks, taken together, amount to
an appropriate vehicle to administer the organized response to and recovery from a catastrophic
event.
Specific topics that might be explored both by the 111th Congress and the Administration include,
but are not limited to the following:
• FEMA’s Temporary Housing: The traditional methods used by FEMA to
provide interim housing to disaster victims have been subject to both legislation
and litigation. Does FEMA have a plan to implement the housing changes in P.L.
109-295? Have safety and health concerns (highlighted by oversight hearings
during the 110th Congress) regarding trailers and mobile homes used by FEMA as
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CRS Issue Statement on Disaster Assistance and Recovery

temporary housing been addressed? Will the results of testing of alternative
forms of manufactured units spur interest in these units as options for future
temporary housing? How has the transition of the Katrina long-term disaster
housing assistance programs to HUD worked, both for renters already in the
program and for households being moved out of trailers and into apartments?
Will FEMA and HUD formalize their relationship in the development of long-
term disaster housing policy?
• Catastrophic disasters: Some believe that the Stafford Act is appropriate for
natural disasters of limited scope, but suggest that Congress should consider
creating a “catastrophic tier” to address events of great magnitude. Such a tier,
some have postulated, could include automatic cost-share adjustments and
regulatory waivers. Should Congress establish the boundaries of aid in a
catastrophic declaration or should this be left to the President’s discretion? Will
the National Disaster Recovery Framework address these issues?
• Community Recovery Policy: While some point to what they consider FEMA’s
limited role in the post-disaster environment, others note the huge investment
FEMA’s programs make. In the second session, the 111th Congress may wish to
examine whether long-term recovery planning, in partnership with state and local
governments, is an appropriate role for FEMA. FEMA’s National Disaster
Recovery Framework is expected to be completed in mid-2010.
• FEMA staffing: Given the episodic nature of disasters, FEMA has long
depended on a temporary work force to augment the staffing at disaster field
offices and to assist in the administration of the recovery programs. However,
temporary staffing, some contend, has led to inconsistent policy interpretations,
disrupted federal/state/local relationships, and resulted in an overall lack of
accountability. Congress may wish to explore permanent staffing levels and
incentives that would contribute to a greater rate of retention of temporary staff.

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CRS Issue Statement on Disaster Assistance and Recovery

Issue Team Members

Francis X. McCarthy, Coordinator
Sarah A. Lister
Analyst in Emergency Management Policy
Specialist in Public Health and Epidemiology
fmccarthy@crs.loc.gov, 7-9533
slister@crs.loc.gov, 7-7320
Eugene Boyd
Natalie Keegan
Analyst in Federalism and Economic Development
Analyst in American Federalism and Emergency
Policy
Management Policy
eboyd@crs.loc.gov, 7-8689
nkeegan@crs.loc.gov, 7-9569
Lawrence Kapp
Linda Luther
Specialist in Military Manpower Policy
Analyst in Environmental Policy
lkapp@crs.loc.gov, 7-7609
lluther@crs.loc.gov, 7-6852
Peter Folger
Jerry W. Mansfield
Specialist in Energy and Natural Resources Policy
Information Research Specialist
pfolger@crs.loc.gov, 7-1517
jmansfield@crs.loc.gov, 7-0106
Nicole T. Carter
Maggie McCarty
Specialist in Natural Resources Policy
Specialist in Housing Policy
ncarter@crs.loc.gov, 7-0854
mmccarty@crs.loc.gov, 7-2163
Mary B. Jordan
Justin Murray
Information Research Specialist
Information Research Specialist
mjordan@crs.loc.gov, 7-4361
jmurray@crs.loc.gov, 7-4092
Bruce R. Lindsay
Rebecca R. Skinner
Analyst in Emergency Management Policy
Specialist in Education Policy
blindsay@crs.loc.gov, 7-3752
rskinner@crs.loc.gov, 7-6600
Robert S. Kirk
Ramya Sundararaman
Specialist in Transportation Policy
Analyst in Public Health
rkirk@crs.loc.gov, 7-7769
rsundararaman@crs.loc.gov, 7-7285
Edward C. Liu
N. Eric Weiss
Legislative Attorney
Specialist in Financial Economics
eliu@crs.loc.gov, 7-9166
eweiss@crs.loc.gov, 7-6209

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