Congressional Primer on Responding to and
Recovering from Major Disasters
and Emergencies
Updated June 12, 2023
Congressional Research Service
https://crsreports.congress.gov
R41981
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Congressional Primer on Responding to Major Disasters and Emergencies
Summary
In the United States, the principles of disaster management presume a leadership role by the state,
local, territorial, and tribal (SLTT) governments affected by the incident. The U.S. federal
government does not automatically provide assistance when a disaster occurs. Instead, the federal
government provides coordinated, supplemental resources and assistance only if requested and
approved. A presidential declaration of emergency or major disaster under the authority of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, P.L. 93-288, as
amended) must, in almost all cases, be requested by the governor of an affected state or territory,
or the tribal chief executive of an affected Indian tribal government. When making such a request,
the governor or tribal chief executive has determined that the situation exceeds the
state/territory/tribe’s capacity to effectively respond without federal assistance. The governor or
tribal chief executive also requests assistance for specific parts of the state/territory/tribe and
specifies the types of assistance programs that are needed. The Federal Emergency Management
Agency (FEMA) evaluates the request and provides a recommendation to the President. The
President considers the request, in consultation with FEMA officials, determines whether to
declare an emergency or major disaster, and makes the initial decisions authorizing various types
of assistance for the disaster-designated areas.
The majority of federal financial disaster assistance is made available from FEMA under the
authority of the Stafford Act. Other disaster aid may be available through federal programs
provided by the U.S. Small Business Administration (SBA), the U.S. Department of Housing and
Urban Development (HUD), the U.S. Department of Transportation (DOT), the U.S. Department
of Agriculture (USDA), and the U.S. Army Corps of Engineers (USACE), among other federal
programs. State/territorial/Indian tribal and local governments, as well as private and nonprofit
sector organizations, may also provide disaster assistance. The National Response Framework
(NRF) details the roles and responsibilities of various levels of government, as well as the private
and nonprofit sectors and the community, in coordinating disaster response efforts. The NRF
provides a scalable framework for incident response and coordination, and it enables recovery.
Recovery is guided by the National Disaster Recovery Framework (NDRF). Information on the
NRF and NDRF is included in t
he Appendix to this report.
While the disaster response and recovery processes fundamentally involve the relationships
between the federal executive branch agencies and the requesting state, territorial, or tribal
government, there are roles for congressional offices. For instance, congressional offices may
provide letters of support to accompany a state/territorial/Indian tribal government’s request for a
presidential emergency or major disaster declaration, disseminate information to disaster
survivors on available federal and nonfederal assistance, support the coordination of federal
efforts in their respective states and districts, and consider legislation to provide supplemental
disaster assistance or authorities. Congress also plays a critical role in improving the delivery of
supplemental emergency management assistance by passing legislation to support needed
emergency management reform, and conducting agency oversight.
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Congressional Primer on Responding to Major Disasters and Emergencies
Contents
Overview ......................................................................................................................................... 1
Background on the Disaster Response Process ............................................................................... 1
Who Is in Charge? ..................................................................................................................... 1
The Principle of Federalism in Emergency Management ................................................... 1
Key Emergency Management Officials .............................................................................. 2
Nonfederal Disaster Assistance Resources ...................................................................................... 3
Assistance from Voluntary Organizations and Nongovernmental Organizations ..................... 4
Mutual Aid Agreements ............................................................................................................ 5
State/Territory Government Assistance ..................................................................................... 5
National Guard .......................................................................................................................... 5
Federal Disaster Declarations .......................................................................................................... 6
Stafford Act Declaration Process .............................................................................................. 9
Unilateral Declarations of Emergency Under the Stafford Act ......................................... 12
Declined Requests for Emergency Major Disaster Declarations ...................................... 12
Fire Management Assistance Grants ................................................................................. 13
Other Federal Declarations ..................................................................................................... 14
Selected Examples of Federal Assistance Programs ..................................................................... 14
Stafford Act Assistance Programs ........................................................................................... 14
Other Federal Assistance Programs......................................................................................... 15
Other Federal Assistance ............................................................................................................... 17
Congressional Activity in Disasters ............................................................................................... 18
Where to Obtain Further Information ............................................................................................ 20
Figures
Figure 1. Stafford Act Declaration Process ................................................................................... 10
Figure 2. Potential Actions Congressional Offices May Take ....................................................... 20
Tables
Table 1. Assistance Available Under Stafford Act Declarations of Emergency and Major
Disaster ......................................................................................................................................... 8
Appendixes
Appendix. Federal Guidance and Frameworks ............................................................................. 22
Contacts
Author Information ........................................................................................................................ 24
Acknowledgments ......................................................................................................................... 24
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Congressional Primer on Responding to Major Disasters and Emergencies
Overview
Before and after a disaster strikes, it is useful to understand the basic national emergency
management structure and where authority rests at various stages of the process. This report
provides information to aid policymakers as they navigate the phases of disaster response and
recovery, and the associated actions and entity responsibilities. Additionally, it describes the laws
and administrative policies governing the disaster response and recovery processes. The report
also reviews the legislative framework that exists for providing federal financial assistance
following a presidential declaration of emergency or major disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act, P.L. 93-288, as amended), as well as
the policies the executive branch employs to provide supplemental help to state, local, territorial,
and tribal (SLTT) governments during and following disasters.1
For information on the federal declaration process and assistance programs, see th
e “Federal
Disaster Declarations,” “Selected Examples of Federal Assistance Programs,” and
“Other Federal
Assistance” sections of this report. For information about how a congressional office may wish to
prepare for and respond to disasters in their state or district, see
“Congressional Activity in
Disasters.”
Terms
Within this report, the term “state” refers to states and territories. For purposes of the Stafford Act, “‘State’
means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands” (42 U.S.C. §5122(4)).
The term “tribes” refers to Indian tribal governments. Per the Stafford Act, “[t]he term ‘Indian tribal government’
means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, vil age, or community that
the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe
List Act of 1994” (42 U.S.C. §5122(6)).
References to “states and localities” or “SLTT” are intended to be inclusive, and are meant to be read as including
“state, local, territorial, and tribal governments.”
Generally, Stafford Act assistance is requested by the “governor” (i.e., “the chief executive of any State” (42 U.S.C.
§ 5122(5)), or the “chief executive” (i.e., “the person who is the Chief, Chairman, Governor, President, or similar
executive official of an Indian tribal government” (42 U.S.C. §5122(12)).
Background on the Disaster Response Process
Who Is in Charge?
The Principle of Federalism in Emergency Management
The United States has generally taken a “bottom up” approach to both managing and providing
assistance, during and following a disaster.2 The responsibility for responding to disasters begins
1 This report seeks to acknowledge the territory governments; any references to states should be read to also include the
U.S. territories, per the definition included in Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act, P.L. 93-288, as amended). Only federally recognized tribes are eligible to receive their
own Stafford Act declaration (42 U.S.C. §5122(6)).
2 In this report, the term “disaster,” when used in this context and not referring specifically to a “presidential major
disaster declaration,” is intended to encompass the concept of a natural or human-caused hazard that impacts a
community resulting in damage that the affected community must then address. See E. Raju, E. Boyd, and F. Otto,
(continued...)
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Congressional Primer on Responding to Major Disasters and Emergencies
at the local level with survivors, emergency services personnel, and elected officials.3 Many
incidents can be managed locally with local resources or through mutual aid agreements.4 If local
government resources are overwhelmed, nongovernmental voluntary organizations in the
community and governments in neighboring jurisdictions may be called upon to provide
assistance.5 The state, territorial, and tribal governments may supplement a local government’s
resources, which may be coupled with the governor declaring a state of disaster or emergency at
the state level.6 If local and state/territorial/Indian tribal government resources have been
overwhelmed, and the governor of the state or the tribal chief executive of a tribal nation has
requested assistance, the President may authorize the federal government to provide additional
help.7 The role of the federal government, as described in the Stafford Act, is to “supplement the
efforts and available resources of States, local governments, and disaster relief organizations in
alleviating the damage, loss, hardship, or suffering.”8
Given this “bottom up” approach, local and state/territorial/Indian tribal governments manage
disaster response and recovery, except in the most extraordinary circumstances.9 The Federal
Emergency Management Agency (FEMA) and other federal agencies are mandated by the
Stafford Act to aid the disaster response and recovery processes, coordinating federal resources
and services in response to state/territorial/Indian tribal requests through federal emergency
planning guidance. This includes the National Response Framework (NRF) and National Disaster
Recovery Framework (NDRF).10
Key Emergency Management Officials
A number of individuals have a role in responding to and recovering from disasters across all
levels of government:
“Stop Blaming the Climate for Disasters,”
Communications Earth & Environment, 3, 1 (2022), https://doi.org/10.1038/
s43247-021-00332-2.
3 U.S. Department of Homeland Security (DHS),
National Response Framework, 4th ed., October 28, 2019, p. 6,
https://www.fema.gov/media-library-data/1572366339630-0e9278a0ede9ee129025182b4d0f818e/
National_Response_Framework_4th_20191028.pdf (hereinafter DHS,
NRF)
4 DHS,
NRF, p. 12.
5 Neighboring jurisdictions may have mutual aid agreements to provide assistance when a jurisdiction’s response
capabilities are overwhelmed. “Mutual aid agreements establish the terms under which one party provides resources—
personnel, teams, facilities, equipment, and supplies—to another party.” Federal Emergency Management Agency
(FEMA),
National Incident Management System Guideline for Mutual Aid, November 2017, p. 1,
https://www.fema.gov/sites/default/files/2020-07/fema_nims_mutual_aid_guideline_20171105.pdf (hereinafter FEMA,
NIMS Guideline for Mutual Aid).
6 FEMA, “How a Disaster Gets Declared,” last updated April 25, 2023, https://www.fema.gov/disaster/how-declared
(see the section on “State or Indian Tribal Government Resources Overwhelmed”) (hereinafter FEMA, “How a
Disaster Gets Declared”).
7 42 U.S.C. §5170 (major disaster) and 42 U.S.C. §5191 (emergency); 44 C.F.R. §206.35 (emergency) and 44 C.F.R.
§206.36 (major disaster); FEMA, “How a Disaster Gets Declared.”
8 42 U.S.C. §5122(2) (see the “major disaster” definition).
9 There are circumstances when the federal government is the lead for a disaster. This may occur when the incident
involves an issue or hazard for which, under the Constitution or a federal law, the President or other federal authority
has exclusive or preeminent responsibility and authority. Examples include when federal property is affected or when
the disaster is caused by a terrorist act and the Federal Bureau of Investigation becomes the lead federal law
enforcement agency. Per the DHS,
National Response Framework, “the Federal Government may play a leading role in
the response where the Federal Government has primary jurisdiction or when incidents occur on federal property (e.g.,
national parks and military bases).” DHS,
NRF, p. 34.
10 DHS,
NRF; and DHS,
National Disaster Recovery Framework, 2nd ed. June 2016, https://www.fema.gov/sites/
default/files/2020-06/national_disaster_recovery_framework_2nd.pdf (hereinafter DHS,
NDRF).
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•
Local Chief Elected or Appointed Official: The local chief elected official, such as a
mayor or their appointed representative, leads the disaster response for their community.11
•
State/Territory Governor or Tribal Chief Executive: The governor is the lead for the
state/territory response, the tribal chief executive is the lead for an Indian tribal
government’s response.12
•
U.S. President: The President is the lead for the federal response, regardless of incident
type.13
When the President declares an emergency or major disaster under the Stafford Act, disaster
officials are appointed to coordinate and carry out the incident response:
•
State Coordinating Officer (SCO) or Tribal Coordinating Officer: The SCO
is designated by the governor of the affected state/territory to coordinate state and
local efforts with the federal government.14 Similarly, the tribal chief executive
appoints a Tribal Coordinating Officer.15
•
Federal Coordinating Officer (FCO): At the federal level, the President, FEMA
Administrator, or Deputy Administrator appoints an FCO to coordinate federal
resources and ensure assistance is appropriately provided.16
Nonfederal Disaster Assistance Resources
If the capacity of a local government has been overwhelmed by an incident, they may be able to
turn to voluntary organizations within their community for additional support. In many situations,
the local government may request assistance from other, nearby local governments through
11 DHS,
NRF, pp. 29-30; see also FEMA, “Local Elected and Appointed Officials Guide: Roles and Resources in
Emergency Management,” September 2022, p. 1, https://www.fema.gov/sites/default/files/documents/fema_local-
elected-officials-guide_2022.pdf.
12 DHS,
NRF, pp. 31-33.
13 DHS,
NRF, p. 34.
At the federal level, the President has delegated significant leadership responsibilities to the
Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency (FEMA) (see
DHS,
NRF, pp. 34-35).
14 44 C.F.R. §206.41(c). FEMA has developed the National Qualification System (NQS), which is a component of the
National Incident Management System (NIMS). The NQS provides guidance on the personnel resources within the
NIMS framework, including position titles and qualifications (see FEMA, “NIMS Components—Guidance and Tools,”
last updated March 21, 2023, https://www.fema.gov/emergency-managers/nims/components (see the section on the
“National Qualification System”); see also, for example, FEMA, “State Coordinating Officer: Resource Typing
Definition for Response Operational Coordination,” FEMA-509-v20170717, July 2019, https://www.fema.gov/sites/
default/files/2020-05/fema_nims_509_statecoordinatingofficer_0.pdf). Per the guidance, “NIMS guides all levels of
government, nongovernmental organizations (NGO), and the private sector to work together to prevent, protect against,
mitigate, respond to, and recover from incidents.... NIMS applies to all incidents, from traffic accidents to major
disasters” (FEMA, “National Incident Management System,” 3rd ed., October 2017, p. 1, https://www.fema.gov/sites/
default/files/2020-07/fema_nims_doctrine-2017.pdf; FEMA, “National Incident Management System,” last updated
May 9, 2023, https://www.fema.gov/emergency-managers/nims). If an incident has been declared by the President as
an emergency or major disaster, the Stafford Act directs the President to request that the governor appoint an SCO if
they have not done so already (42 U.S.C. §5143(c); see the responsibilities of State Coordinating Officers at 44 C.F.R.
§206.42(b)).
15 FEMA,
Tribal Declarations Pilot Guidance, January 2017, p. 9, https://www.fema.gov/sites/default/files/2020-04/
tribal-declaration-pilot-guidance.pdf (hereinafter FEMA,
Tribal Declarations Pilot Guidance).
16 42 U.S.C. §5143(a) and (b); see 44 C.F.R. §206.42(a) for information on the responsibilities of Federal Coordinating
Officers.
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mutual aid agreements.17 If these resources are insufficient to deal with the response needs, local
governments usually turn to the state to supplement local efforts.18 When states determine that
their capacity is overwhelmed (including state use of mutual aid), the Stafford Act has established
a protocol for states to request that the federal government provide disaster relief.19
Assistance from Voluntary Organizations and Nongovernmental
Organizations
Voluntary organizations and nongovernmental organizations (NGOs),20 including faith-based
organizations, may provide disaster assistance to an affected community and disaster survivors,
including in coordination with SLTT governments, as well as the federal government. Such
organizations may be among the first looked to for emergency assistance, and they can also help
meet unmet needs that remain following the provision of federal assistance.21 Although voluntary
organizations are not required to provide disaster assistance, they are encouraged by federal
statute and regulations to coordinate their assistance through the structure of the NRF.22
Additionally, the American Red Cross and the National Voluntary Organizations Active in
Disaster (National VOAD) are two of the national organizations that have specific responsibilities
under the NRF.23
17 See FEMA’s
NIMS Guideline for Mutual Aid.
18 DHS,
NRF, pp. 30-31.
19 States can use the Emergency Management Assistance Compact (EMA) to request interstate mutual aid (DHS,
NRF,
p. 31). Federal statutes and regulations detail the declaration request process, as does FEMA’s guidance (see 42 U.S.C.
§5170 (procedure for declaring a major disaster) and 44 C.F.R. §206.36 (requests for major disaster declarations); and
42 U.S.C. §5191 (procedure for declaring an emergency) and 44 C.F.R. §206.35 (requests for emergency declarations);
see also FEMA, “How a Disaster Gets Declared.”
20 The DHS
NRF describes nongovernmental organizations (NGOs) as including “voluntary, ethnic, faith-based,
veteran-based, disability, and nonprofit organizations that provide sheltering, emergency food supplies, and other
essential support services for people, household pets, and service animals.... NGOs bolster government efforts at all
levels and often provide specialized services to the whole community. NGOs are key partners in preparedness activities
and response operations.” DHS,
NRF, pp. 5 and 28.
21 See the FEMA “Emergency Support Function #6—Mass Care, Emergency Assistance, Temporary Housing, and
Human Services Annex,” June 2016, https://www.fema.gov/sites/default/files/2020-07/fema_ESF_6_Mass-Care.pdf.
See also the delivery sequence FEMA follows to avoid a statutorily prohibited duplication of benefits from occurring,
which includes assistance from voluntary organizations (44 C.F.R. §206.191(d)(2)).
22 For examples, see 42 U.S.C. §5152 (which relates to the use and coordination of relief organizations) and 44 C.F.R.
§206.12.
23 The American Red Cross is a federally chartered instrumentality of the U.S. government (see 36 U.S.C. §§300101-
300113). The National VOAD (National Voluntary Organizations Active in Disaster) is a coalition of many
nongovernmental organizations (NGOs), and is a valuable resource in understanding the types of assistance available
through NGOs (for more information, see the National VOAD website, available at http://www.nvoad.org/). Per the
NRF, “[s]ome NGOs and functions are officially designated as support elements to national response capabilities, such
as the following: ... The American Red Cross is chartered by Congress to provide relief to survivors of disasters and
help people prevent, prepare for, respond to, and recover from emergencies. The Red Cross has a legal status of a
‘federal chartered instrumentality’ and maintains a special relationship with the Federal Government. In this capacity,
the American Red Cross is the co-lead of ESF #6 and supports several other ESFs and the delivery of multiple core
capabilities.... [Additionally, the] National VOAD is an association of organizations that mitigates and alleviates the
impact of disasters; provides a forum promoting cooperation, communication, coordination and collaboration; and
fosters more effective delivery of services to communities impacted by a disaster. National VOAD is a consortium of
over 70 national organizations and 56 territorial and state equivalents.” (DHS,
NRF, pp. 28-29).
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If the President declares an emergency or major disaster under the Stafford Act, FEMA may
provide additional support through Voluntary Agency Liaisons (VALs) to coordinate the efforts of
voluntary organizations serving affected communities.24
Mutual Aid Agreements
Many local governments have pre-negotiated agreements with neighboring jurisdictions to share
resources ranging from emergency service equipment (e.g., ambulances, fire trucks) to technical
experts (e.g., bridge inspectors, contract managers).25 The Emergency Management Assistance
Compact (EMAC) is an interstate compact that provides a legal structure through which states
affected by a disaster may request emergency assistance and aid from other states.26 All EMAC
member states—including the 50 states, the District of Columbia, Puerto Rico, Guam, the U.S.
Virgin Islands, and the Commonwealth of the Northern Mariana Islands—have passed the EMAC
legislation.27 Mutual aid agreements are a common and important source of assistance during
incidents that overwhelm local and state capacity.
State/Territory Government Assistance
All states and territories have either an agency or department that is responsible for emergency
management and/or homeland security.28 State- and territory-level emergency management
agencies are responsible for providing and coordinating assistance to local governments within
their jurisdictions, much in the way that FEMA is responsible for providing supplemental
assistance to states, territories, and Indian tribal governments. Though all states and territories
have a legal process for declaring a “state of emergency” (or synonymous incident), the processes
for declaring a state of emergency, and the powers and assistance authorized pursuant to such a
declaration, vary considerably.29
National Guard
Although National Guard personnel can be called into federal service under certain
circumstances, they normally operate under the control of state and territorial governors.30 To that
end, governors may use their state National Guard forces to assist with disaster response and
24 According to the FEMA, “FEMA Voluntary Agency Liaison” webpage, the mission of Voluntary Agency Liaisons
(VALs) “is to establish, foster, and maintain relationships among government, voluntary, faith-based, and community
partners. Through these relationships, the VALs support the delivery of inclusive and equitable services and empower
and strengthen capabilities of communities to address disaster-caused unmet needs.”
25 For more information on mutual aid, see the DHS,
NRF, p. 12. See also FEMA,
NIMS Guideline for Mutual Aid, p.
1.
26 The Emergency Management Assistance Compact (EMAC) was congressionally ratified in H.J.Res. 193—Granting
the consent of Congress to the Emergency Management Assistance Compact (P.L. 104-321). For more information
about EMAC, including legislative text and EMAC’s governance structure, as well as eligible expenses and
documentation required for reimbursement, see the EMAC website, available at http://www.emacweb.org/ (hereinafter
EMAC).
27 See EMAC, “EMAC Legislation”; see also the statutes of the EMAC members.
28 For a listing of state and territorial agencies, see FEMA’s webpage with the “Regions, States and Territories,”
available at https://www.fema.gov/about/organization/regions, which links through to additional information for the
selected states and territories, including related to declared disasters and emergency response resources.
29 Additional information regarding the state and territory decelerations of emergency, including the declaration process
and authorized powers, may be found in state/territory statutes.
30 The President may order National Guard forces to active duty (e.g., see 10 U.S.C. §§12301-12323 (active duty) and
§§12401-12408 (National Guard in federal service)).
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recovery—members can be activated for full-time duty—referred to as “state active duty.”31 In
this capacity, National Guard personnel operate under the control of their governor, are paid
according to state law, can assist civil authorities in a wide variety of tasks, and may be able to
perform law enforcement functions.32 In response to a hurricane, for example, National Guard
personnel might perform tasks such as conducting search and rescue, transporting and distributing
supplies, setting up emergency shelters, clearing road debris, and providing emergency medical
care.33
Federal Disaster Declarations
The federal government does not automatically provide assistance when a disaster occurs.
Instead, the federal government provides coordinated, supplemental resources and assistance
when requested and approved. The majority of federal disaster assistance is made available from
FEMA under the authority of the Stafford Act, but there are also other federal disaster assistance
programs that may be made available, including from the U.S. Small Business Administration
(SBA), the U.S. Department of Housing and Urban Development (HUD), the U.S. Department of
Transportation (DOT), the U.S. Department of Agriculture (USDA), and the U.S. Army Corps of
Engineers (USACE), among others.
For the President to declare an emergency or major disaster under the Stafford Act, generally the
capacities of the SLTT governments must be overwhelmed by an incident, and the governor or
tribal chief executive must decide to request assistance from the federal government.34 A Stafford
Act declaration provides an orderly means to provide federal assistance to SLTT governments,
private nonprofit organizations, and individuals for incident response and recovery. The Stafford
Act authorizes the President to issue three types of declarations to authorize federal supplemental
assistance: (1) an “emergency declaration” (authorized under Stafford Act Section 501); (2) a
“major disaster declaration” (authorized under Stafford Act Section 401); or (3) a Fire
Management Assistance Grant (FMAG) (authorized under Stafford Act Section 420).
Emergency declarations may authorize specific forms of Public Assistance (PA) and Individual
Assistance (IA).35 The range of assistance is more limited than assistance that may be available
under a major disaster declaration.36 Emergency declarations authorize federal assistance that can
help supplement the capabilities of SLTT governments to carry out essential services and
activities to save lives, protect property, protect public health and safety, or reduce or avert the
31 For additional information on activations of members of the National Guard and Reserve, see CRS In Focus
IF10540,
Defense Primer: Reserve Forces, by Lawrence Kapp.
32 In this capacity, National Guard personnel are not subject to the restrictions of the Posse Comitatus Act (18 U.S.C.
§1385), which generally bars federal troops from participating in civilian law enforcement. For more information, see
CRS In Focus IF10539,
Defense Primer: Legal Authorities for the Use of Military Forces, by Jennifer K. Elsea.
33 The NRF describes actions that the National Guard may perform. See DHS,
NRF, p. 32.
34 Other types of federal declarations are described in the
“Other Federal Declarations” section.
35 Public Assistance Emergency Work (42 U.S.C. §5192, including subsection (a)(5)) and Individual Assistance limited
to the Individuals and Households Program (IHP) and the Crisis Counseling Assistance and Training Program are the
only forms of IA that may be authorized pursuant to an emergency declaration under the Stafford Act (42 U.S.C.
§5192(a)(6)).
36 FEMA, “How a Disaster Gets Declared.”
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threat of catastrophes.37 Emergency declarations may be declared before an incident occurs to
support efforts to save lives and prevent loss.38
The definition for a major disaster is narrower than an emergency declaration, and major disasters
may provide a broader range of assistance to SLTT governments; private, nonprofit organizations;
and individuals and households.39 When the President issues a major disaster declaration, states
and localities, as well as certain private nonprofit organizations, may be eligible (if so designated)
to receive reimbursement through PA for “emergency work” undertaken to save lives, protect
property, public health, and safety, and lessen or avert the threat of a catastrophe. Additionally,
they may be eligible for reimbursement for “permanent work” undertaken to repair, restore,
reconstruct, or replace disaster-damaged public and eligible private nonprofit facilities (e.g.,
public infrastructure, such as roads and buildings).40 A major disaster declaration may also
include programs to provide aid to affected individuals and households through the IA program.
Assistance may include financial and/or direct assistance for housing and financial assistance for
other needs through the Individuals and Households Program; Crisis Counseling; Disaster
Unemployment Assistance; Disaster Legal Services; and Disaster Case Management services.41
Additionally, pursuant to a major disaster declaration, the Hazard Mitigation Grant Program
(HMGP) may be authorized.42 The HMGP funds mitigation and resiliency projects, typically
across the entire state or territory.43 SLTT governments, as well as certain private nonprofit
organizations, may apply for measures that reduce loss of life or property in future disasters or
37 42 U.S.C. §5122(1).
38 For example, Puerto Rico received an emergency declaration for Hurricane Maria on September 18, 2017, before
Hurricane Maria made landfall in Puerto Rico (see FEMA, “Puerto Rico Hurricane Maria (EM-3391),”
https://www.fema.gov/disaster/3391). Hurricane Maria made landfall in Puerto Rico on September 20, 2017 (see
Richard J. Pasch, Andrew B. Penny, and Robbie Berg,
Tropical Cyclone Report: Hurricane Maria, National Hurricane
Center, AL 152017, February 14, 2019, p. 2, https://www.nhc.noaa.gov/data/tcr/AL152017_Maria.pdf).
39 42 U.S.C. §5122(2).
40 Assistance for these PA programs is authorized under 42 U.S.C. §§5170a, 5170b, 5173, 5185, 5186, 5192. See also
44 C.F.R. §206.220 for general eligibility for public assistance. Per 44 C.F.R. §206.225(c) and (d), PA “emergency
work” includes emergency communications and emergency transportation authorized under Stafford Act Sections 418
and 419. FEMA’s Public Assistance guidance explains that a state, territorial, tribal, or local government “may provide
emergency communication services and public transportation when existing systems are damaged to the extent vital
functions of community life or incident response are disrupted. The costs of these services are not eligible for
reimbursement. However, FEMA may provide short-term DFA [Direct Federal Assistance] for these services” (FEMA,
Public Assistance Program and Policy Guide (PAPPG), FP 104-009-2, v. 4, effective June 1, 2020, p. 114,
https://www.fema.gov/sites/default/files/documents/fema_pappg-v4-updated-links_policy_6-1-2020.pdf). For
additional information on the PA program, see CRS Report R46749,
FEMA’s Public Assistance Program: A Primer
and Considerations for Congress, by Erica A. Lee.
41 42 U.S.C. §5174 (the Individuals and Households Program); 42 U.S.C. §5189d (Disaster Case Management); 42
U.S.C. §5183 (Crisis Counseling Assistance and Training Program); 42 U.S.C. §5182 (Disaster Legal Services); and 42
U.S.C. §5177 (Disaster Unemployment Assistance). The FEMA Individual Assistance programs are described in the
FEMA
Individual Assistance Program and Policy Guide (IAPPG), FP 104-009-03, v. 1.1, May 2021,
https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf. For more information on FEMA’s Individual
Assistance program, see CRS Report R46014,
FEMA Individual Assistance Programs: An Overview, by Elizabeth M.
Webster.
42 42 U.S.C. §5170c.
43 42 U.S.C. §5170c. For more information on Hazard Mitigation Assistance, see CRS Insight IN11187,
Federal
Emergency Management Agency (FEMA) Hazard Mitigation Assistance, by Diane P. Horn. See also FEMA,
Hazard
Mitigation Assistance Program and Policy Guide: Hazard Mitigation Grant Program, Hazard Mitigation Grant
Program Post Fire, Building Resilient Infrastructure and Communities, and Flood Mitigation Assistance, FP-206-21-
0001, March 23, 2023, https://www.fema.gov/sites/default/files/documents/fema_hma-program-policy-
guide_032023.pdf (hereinafter FEMA,
HMA Guide).
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emergencies.44 A major disaster declaration may also authorize other recovery programs, such as
community disaster loans.45
The Stafford Act declaration process is described in the following section. There are also many
other types of federal declarations and determinations that may trigger additional authorities or
assistance separate from, or in conjunction with, the Stafford Act (e.g., the Small Business
Administration’s Disaster Loan Program).46
Table 1 lists the forms of Stafford Act assistance available pursuant to an emergency and major
disaster declaration.
Table 1. Assistance Available Under Stafford Act Declarations of Emergency and
Major Disaster
Description of
Emergency
Major Disaster
Assistance
Assistance
Declaration
Declaration
Public Assistance (PA)
Grants and direct aid to
Emergency Work
Emergency Work
SLTT governments and
Category A–Debris
Category A–Debris
private nonprofit
Removal
Removal
organizations for
emergency protective
Category B–Emergency
Category B–Emergency
measures and debris
Protective Measures
Protective Measures
removal operations
Permanent Work
(
Emergency Work), and the
repair or replacement of
Category C–Roads and
eligible public and
Bridges
nonprofit facilities
Category D–Water
(
Permanent Work).
Control Facilities
Category E–Buildings and
Equipment
Category F–Utilities
Category G–Parks,
Recreational, Other
Category Z–Management
Costs
Individual Assistance
Grants and direct aid to
Individuals and
IHP
(IA)
support the recovery of
Households Program
Crisis Counseling
individuals/households,
(IHP)
Program
including for Housing
Crisis Counseling
Assistance and Other
Disaster Case
Program
Needs Assistance (ONA)
Management
through the Individuals
Disaster Unemployment
and Households Program
Assistance
(IHP), as well as Crisis
Disaster Legal Services
Counseling, Disaster Case
Disaster Supplemental
Management, Legal
Nutrition Assistance
Assistance, and Disaster
Program
Unemployment
Assistance.
44 FEMA,
HMA Guide.
45 42 U.S.C. §5184. For more information on community disaster loans, see CRS In Focus IF11600,
FEMA’s
Community Disaster Loan (CDL) Program: A Primer, by Adam G. Levin.
46 For more information on the Small Business Administration’s (SBA’s) Disaster Loan Program, see CRS Report
R44412,
SBA Disaster Loan Program: Frequently Asked Questions, by Bruce R. Lindsay.
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Description of
Emergency
Major Disaster
Assistance
Assistance
Declaration
Declaration
Hazard Mitigation
Grants to support
—
Hazard Mitigation Grant
Assistance (HMA)
mitigation and resiliency
Program
projects and programs
through three HMA
programs: (1) Hazard
Mitigation Grant Program
(HMGP); (2) Flood
Mitigation Assistance
(FMA); and (3) Building
Resilient Infrastructure
and Communities (BRIC).
Sources: Developed by CRS based on the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act, P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.); and the Federal Emergency Management
Agency’s (FEMA’s) webpage on “How a Disaster Gets Declared,” https://www.fema.gov/disaster/how-declared.
Stafford Act Declaration Process
Federal assistance is intended to supplement—not supplant—the SLTT government’s response
and recovery efforts. For this reason, state, territory, and tribal governments do not automatically
receive a presidential declaration of emergency or major disaster when an
incident47
occurs.48
Instead, the governor or tribal chief executive must first request that the President declare an
emergency or major disaster and authorize various types of assistance (e.g., Public Assistance and
Individual Assistance).49 In making such a request, the governor or tribal chief executive must
demonstrate that they are unable to effectively respond and recover without federal assistance.50
Figure 1 depicts the Stafford Act Declaration Process.
47 44 C.F.R. §206.32(e) defines an
incident as “[a]ny condition which meets the definition of major disaster or
emergency as set forth in §206.2 which causes damage or hardship that may result in a Presidential declaration of a
major disaster or an emergency.”
48 The governor or tribal chief executive’s request must document that the “situation is of such severity and magnitude
that effective response is beyond the capabilities of the State and affected local governments” and that supplemental
federal assistance is necessary (42 U.S.C. §5170 and 44 C.F.R. §206.36 (major disaster); and 42 U.S.C. §5191 and 44
C.F.R. §206.35 (emergency)). To justify a declaration of emergency, supplemental federal assistance must be needed to
“save lives and to protect property, public health and safety, or to lessen or avert the threat of a disaster” (42 U.S.C.
§5191 and 44 C.F.R. §206.35). To justify a declaration of major disaster, federal assistance must be needed to
“supplement the efforts and available resources of the State, local governments, disaster relief organizations, and
compensation by insurance for disaster-related losses” (42 U.S.C. §5170 and 44 C.F.R. §206.36).
49 44 C.F.R. §§206.35, 206.36, 206.40(a); FEMA, “How a Disaster Gets Declared”; FEMA, “Tribal Affairs,” last
updated December 2, 2022, https://www.fema.gov/about/organization/tribes. For more information about the disaster
declaration process, see CRS Report R43784,
FEMA’s Disaster Declaration Process: A Primer, by Bruce R. Lindsay.
Presidential declarations of emergency and major disaster include the areas designated as being eligible for federal
assistance, as well as the types of assistance the designated areas are eligible to receive (44 C.F.R. §206.40). Additional
designated areas and available assistance are published in the
Federal Register and listed on FEMA’s “Disasters”
website (FEMA, “Disaster Information,” https://www.fema.gov/disaster). A
designated area is “[a]ny emergency or
major disaster-affected portion of a State which has been determined eligible for Federal assistance.” (44 C.F.R.
§206.2(a)(6)).
50 42 U.S.C. §5170 and 44 C.F.R. §206.36 (major disaster); and 42 U.S.C. §5191 and 44 C.F.R. §206.35 (emergency).
The affected state/tribe must determine whether the incident may exceed its response capabilities.
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Figure 1. Stafford Act Declaration Process
Sources: Developed by CRS based on CRS’s interpretation of 44 C.F.R. §§206.33, 206.35-206.40, 206.46 (for
emergency and major disaster declarations), and 44 C.F.R. §§204.21-204.26 (for FMAGs); and the Federal
Emergency Management Agency’s (FEMA’s) webpage on “How a Disaster Gets Declared,” https://www.fema.gov/
disaster/how-declared.
Notes: An expedited major disaster declaration may be requested and the Joint Preliminary Damage
Assessment requirement may be waived for “incidents of unusual severity and magnitude that do not require
field damage assessments to determine the need for supplemental Federal assistance under the Act” (44 C.F.R.
§206.33(d) and 44 C.F.R. §206.36(d)).
The governor or tribal chief executive’s request for a presidential declaration of emergency or
major disaster must include information about the actions and resources that have been or will be
committed, and an estimate of the amount and severity of the disaster-caused damages, as well as
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a discussion of the disaster-affected population.51 For all but the most catastrophic events, this
process is deliberative and involves accumulating information from several sources during the
Preliminary Damage Assessment (PDA) process.52
If the affected locality and state/tribal governments’ capacity for effective response is exceeded
by the incident, the governor or tribal chief executive may request a Joint PDA with FEMA.53 The
Joint PDA team includes at least one state or tribal official; at least one federal official, typically a
representative from the appropriate FEMA regional office; and a local official familiar with the
area.54 In some cases, it may also include representatives from other federal agencies or voluntary
relief organizations.55 The process helps determine the impact and magnitude of the damage, as
well as the disaster-caused unmet needs, and the Joint PDA serves as the basis for the governor or
tribal chief executive’s request for federal disaster assistance.56
A PDA is required in order to request a Stafford Act declaration, with a few exceptions.
According to FEMA regulation, “the requirement for a joint PDA may be waived for those
incidents of unusual severity and magnitude that do not require field damage assessments to
determine the need for supplemental federal assistance.”57 However, even when the PDA process
is waived or expedited, initial federal assistance is typically limited, and subsequent PDA
processes are required to determine what additional assistance is necessary.58 Regulations require
that, at the close of the PDA process, participants reconcile any differences in their findings.59
Per regulations, once the PDA has been completed, the governor or tribal chief executive may
submit a request for a major disaster declaration. The request is submitted to the appropriate
FEMA Regional Administrator who, in turn, is to acknowledge the request, summarize the
findings, analyze the data, and submit a recommendation to FEMA Headquarters. FEMA
regulations specify that the agency shall consider specific factors when evaluating the need for
supplemental federal assistance under the Public Assistance and Individual Assistance programs
pursuant to a request for a major disaster declaration.60 FEMA provides a recommendation to the
President, who alone may decide whether to issue a Stafford Act declaration.61 Although FEMA’s
regulations delegate the authority to designate forms of assistance to FEMA, in practice, FEMA
51 For a list and description of information requirements to accompany a governor or tribal chief executive’s request for
an emergency declaration and a major disaster declaration, see 44 C.F.R. §206.35 and 44 C.F.R. §206.36, respectively,
as well as the FEMA,
FEMA Preliminary Damage Assessment Guide, August 2021, https://www.fema.gov/sites/
default/files/documents/fema_2021-pda-guide.pdf (hereinafter FEMA,
PDA Guide); and FEMA,
Tribal Declarations
Pilot Guidance.
52 For example, see the FEMA “Request for Presidential Disaster Declaration” webpage, which includes forms to
support a state/territory or tribe’s request for federal assistance, available at https://www.fema.gov/disaster/request-for-
presidential-disaster-declaration. For additional information, see the FEMA
PDA Guide, and CRS Report R44977,
Preliminary Damage Assessments for Major Disasters: Overview, Analysis, and Policy Observations, by Bruce R.
Lindsay.
53 FEMA,
PDA Guide, pp. 12, 18-21, 43-48.
54 44 C.F.R. §206.33(b); FEMA,
PDA Guide, pp. 12, 18-21, 43-48.
55 44 C.F.R. §206.33(b).
56 44 C.F.R. §206.33.
57 44 C.F.R. §206.33(d); see also 44 C.F.R. §206.36(d).
58 For examples of expedited declarations, see the FEMA “Preliminary Damage Assessment Reports” webpage,
available at http://www.fema.gov/preliminary-damage-assessment-reports.
59 44 C.F.R. §206.33(c).
60 44 C.F.R. §206.48.
61 44 C.F.R. §206.38.
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has stated that they will seek the President’s approval when authorizing additional forms of
assistance.62
Unilateral Declarations of Emergency Under the Stafford Act
The federal government may also provide assistance without a request by the governor or chief
executive in more limited circumstances. Section 501(b) of the Stafford Act allows the President
to unilaterally declare an emergency for certain emergencies involving federal primary
responsibility.63 Most recently, and significantly, President Donald J. Trump issued a nationwide
emergency declaration for the Coronavirus 2019 (COVID-19) pandemic using the authority in
Stafford Act Section 501(b) on the grounds that
our entire country is now facing a significant public health emergency ... [and] [o]nly the
Federal Government can provide the necessary coordination to address a pandemic of this
national size and scope.... It is the preeminent responsibility of the Federal Government to
take action to stem a nationwide pandemic that has its origins abroad, which implicates its
authority to regulate matters related to interstate matters and foreign commerce and to
conduct the foreign relations of the United States.64
Besides the COVID-19 example,65 a presidential declaration of emergency under the Stafford Act
most frequently occurs because the incident involves an issue or hazard for which, under the
Constitution or a federal law, the President or other federal authority has exclusive or preeminent
responsibility and authority. Examples include the 1995 Oklahoma City bombing at the federal
courthouse and the 2003 loss of the Space Shuttle Columbia, both of which related to federal
property.66
Declined Requests for Emergency Major Disaster Declarations
In some cases the President may decline a governor or tribal chief executive’s request for a major
disaster or emergency declaration. For example, the President may conclude the incident does not
meet the definition of a major disaster or emergency under the Stafford Act,67 or may determine
that the incident lacks the severity and magnitude to warrant a declaration and, therefore, does not
exceed the state’s capacity to respond without federal assistance.68 The governor or tribal chief
62 44 C.F.R. §206.40; and email correspondence from FEMA Congressional Affairs staff, June 12, 2020.
63 42 U.S.C. §5191(b).
64 Letter from Donald J. Trump, President of the United States, to then-Acting Secretary Chad Wolf, then-Secretary
Steven Mnuchin, then-Secretary Azar, and then-Administrator Peter Gaynor, March 13, 2020,
https://trumpwhitehouse.archives.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-
stafford-act/.
65 For more information on the Stafford Act declarations for COVID-19, see CRS Report R47048,
FEMA’s Role in the
COVID-19 Federal Pandemic Response, coordinated by Erica A. Lee.
66 See, for examples, FEMA, “Oklahoma; Emergency and Related Determinations,” 60
Federal Register 22579, May 8,
1995, https://www.govinfo.gov/content/pkg/FR-1995-05-08/pdf/95-11243.pdf; and FEMA, “Space Shuttle Columbia;
Emergency and Related Determinations,” 68
Federal Register 9667-9668, February 28, 2003,
https://www.govinfo.gov/content/pkg/FR-2003-02-28/pdf/03-4726.pdf.
67 The Stafford Act defines emergencies and major disasters (42 U.S.C. §§5122(1) and 5122(2), respectively). For
examples of denied declaration requests, see the FEMA “Preliminary Damage Assessment Reports” webpage, available
at http://www.fema.gov/preliminary-damage-assessment-reports. For example, Michigan Governor Rick Snyder’s 2016
request for a major disaster declaration for the water contamination in Flint was denied on the basis that it did not meet
the Stafford Act’s definition of a major disaster (see FEMA, “Michigan—Contaminated Water: Denial of Appeal,”
denied on January 22, 2016, https://www.fema.gov/sites/default/files/2020-09/PDAReportAppealDenialMI.pdf).
68 For example, Nebraska Governor Pete Ricketts’s request for a major disaster for severe storms, tornadoes, straight-
(continued...)
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executive may appeal a declaration request denial once.69 Appeals must be made within 30 days
after the date of the letter denying the request, and the appeal must include any additional
information that may not have been included in the first request along with the justification for
reconsideration.70 The appeal must be submitted to the President through the appropriate FEMA
Regional Administrator.71
If the request or the appeal is denied, the governor may consider requesting a disaster declaration
from the SBA Administrator.72 The thresholds used to make determinations for SBA disaster
assistance are generally lower than the ones used to determine major disaster assistance.73
Government entities are ineligible for SBA disaster loans—the loans are for individuals and
businesses, as well as nonprofit organizations.74
Fire Management Assistance Grants
In addition to the emergency and major disaster declarations, there is a unique quasi-declaration
“for the mitigation, management, and control of any fire on public or private forest land or
grassland that threatens such destruction as would constitute a major disaster.”75 The President
has delegated FEMA the authority to declare an incident eligible for a Fire Management
Assistance Grant (FMAG) under the Stafford Act to mitigate the effects of a wildfire and prevent
it from becoming a major disaster.76 Once issued, the FMAG declaration authorizes various forms
of federal assistance for fire suppression activities, such as the provision of equipment, personnel,
and grants to SLTT governments.77 Additionally, when an FMAG is approved, regardless of
whether a major disaster is declared, the state, territory, or tribal government may be eligible for
assistance through the Hazard Mitigation Grant Program.78
line winds, and flooding was denied on the basis that “the impact from this event is not of the severity and magnitude
that warrants a major disaster declaration” (FEMA, “Preliminary Damage Assessment Report: Nebraska—Severe
Storms, Tornadoes, Straight-line Winds, and Flooding Denial of Appeal,” denied on January 7, 2020,
https://www.fema.gov/sites/default/files/2020-03/PDAReportAppealDenialNE-2020.pdf).
69 44 C.F.R. §206.46(a).
70 44 C.F.R. §206.46(a).
71 44 C.F.R. §206.46(a).
72 The SBA Administrator is authorized under the Small Business Act to issue an “Agency” or “SBA declaration” that
makes SBA disaster loans available for homeowners, renters, businesses, and nonprofit organizations (13 C.F.R.
§123.3(a)(3)). For more information on SBA declarations, see CRS Report R45238,
FEMA and SBA Disaster
Assistance for Individuals and Households: Application Processes, Determinations, and Appeals, by Bruce R. Lindsay
and Elizabeth M. Webster.
73 13 C.F.R. §123.3(a)(3).
74 For more information on SBA disaster loans for individuals and businesses, see CRS Report R45238,
FEMA and
SBA Disaster Assistance for Individuals and Households: Application Processes, Determinations, and Appeals, by
Bruce R. Lindsay and Elizabeth M. Webster; see also CRS Report R44412,
SBA Disaster Loan Program: Frequently
Asked Questions, by Bruce R. Lindsay.
75 42 U.S.C. §5187(a).
76 42 U.S.C. §5187(a); 44 C.F.R. §204.21. For more information on FMAGs, see CRS Report R43738,
Fire
Management Assistance Grants: Frequently Asked Questions, coordinated by Bruce R. Lindsay.
77 44 C.F.R. §204.42 lists the eligible costs for Fire Management Assistance Grants (FMAGs).
78 42 U.S.C. §5187(d).
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Other Federal Declarations
There are numerous other types of declarations and authorities that the federal government could
use to activate unique authorities or provide additional assistance to affected communities. They
include, but are not limited to:
• a presidential declaration of a “national emergency” pursuant to the National
Emergencies Act (P.L. 94-412; 50 U.S.C. §§1601 et seq.) that specifies the
standby authorities invoked to respond to the emergency;79
• a determination by the Secretary of Health and Human Services (HHS) of a
public health emergency (PHE) pursuant to Section 319 of the Public Health
Service Act (PHSA; P.L. 78-410, as amended; 42 U.S.C. §§201-300mm–61);80
• various disaster declarations from the Administrator of the Small Business
Administration (SBA);81 and
• various disaster declarations and designations from the U.S. Department of
Agriculture (USDA).82
Selected Examples of Federal Assistance Programs
Stafford Act Assistance Programs
If an emergency or major disaster is declared under the Stafford Act, the three principal forms of
federal assistance may be available:
•
Public Assistance (PA), which provides direct assistance (e.g., personnel,
supplies, operations) and grants to SLTT governments, and certain private
nonprofit organizations to execute emergency protective measures, conduct
debris removal operations, and repair or replace damaged public and nonprofit
facilities.83 Although certain nonprofit organizations may be eligible for these
grants, for-profit businesses are ineligible.84
79 For more information on declarations of national emergency under the National Emergencies Act (NEA), see CRS
Report 98-505,
National Emergency Powers, by Elizabeth M. Webster. For information on standby authorities, see
CRS Report R46379,
Emergency Authorities Under the National Emergencies Act, Stafford Act, and Public Health
Service Act, coordinated by Jennifer K. Elsea. For an example of declarations of national emergency under the NEA,
PHSA, and Stafford Act and how they differ, see CRS Infographic IG10029,
Federal Emergency Declarations, by
Erica A. Lee, L. Elaine Halchin, and Hassan Z. Sheikh.
80 For more information, see U.S. Department of Health and Human Services’ (HHS’s) website on the “Legal Authority
of the Secretary,” available at https://aspr.hhs.gov/legal/Pages/Legal-Authority-of-the-Secretary.aspx.
81 The SBA Administrator is authorized under the Small Business Act to issue an “Agency” or “SBA declaration” that
makes SBA disaster loans available for homeowners, renters, businesses, and nonprofit organizations (13 C.F.R.
§123.3(a)(3)). For more information, see CRS Report R44412,
SBA Disaster Loan Program: Frequently Asked
Questions, by Bruce R. Lindsay.
82 For more information on agricultural emergencies, see CRS Report RS21212,
Agricultural Disaster Assistance, by
Megan Stubbs.
83 For more information on the Public Assistance (PA) program, see CRS Report R46749,
FEMA’s Public Assistance
Program: A Primer and Considerations for Congress, by Erica A. Lee; and CRS In Focus IF11529,
A Brief Overview
of FEMA’s Public Assistance Program, by Erica A. Lee.
84 42 U.S.C. §§5170a, 5170b, 5173, 5185, 5186, and 5192. For more on FEMA’s PA grant program, see FEMA,
“Assistance for Governments and Private Non-Profits After a Disaster,” last updated February 23, 2023,
https://www.fema.gov/assistance/public.
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•
Individual Assistance (IA), which provides aid to affected individuals and
households, can take the form of financial and/or direct housing assistance and
financial assistance for other needs,85 crisis counseling, disaster case management
services, disaster legal services, and disaster unemployment assistance.86
•
Hazard Mitigation Assistance (HMA), which funds mitigation and resiliency
projects and programs, and may be available for the entire state if requested.87
Mitigation projects can include the construction of safe rooms, buyouts of
frequently flooded properties, and retrofitting of facilities.88
The forms of assistance authorized by an emergency or major disaster declaration may vary by
the designated areas, per the declaration (which can be amended to request additional forms of
relief).89 The Federal-State Agreement (or FEMA-Tribal Agreement), which is signed by both the
governor/chief executive and FEMA, “states the understandings, commitments, and conditions
for assistance under which FEMA disaster assistance shall be provided.... ” and “describes ... the
incident period for which assistance will be made available, the type and extent of the Federal
assistance to be made available, and ... the commitment of the State and local government(s) with
respect to the amount of funds to be expended in alleviating damage and suffering caused by the
major disaster or emergency.... ”90
Other Federal Assistance Programs
The majority of federal financial disaster assistance is made available from FEMA under the
authority of the Stafford Act and the National Flood Insurance Act (42 U.S.C. §§4001 et seq.;
related to the National Flood Insurance Program91). In addition, there are a number of other
85 There are limitations on the amount of financial assistance an individual or household may receive for a single
disaster for housing and for other needs—this maximum amount of financial assistance is adjusted annually based on
the Consumer Price Index (42 U.S.C. §5174(h)(3)). There are some exceptions to this cap, including financial
assistance to rent alternate housing accommodations and financial assistance for accessibility-related real and personal
property costs (42 U.S.C. §5174(h)(1) and (4)). For more information on the Individual Assistance (IA)—Individuals
and Households Program (IHP), through which FEMA provides assistance to disaster survivors for housing and other
needs, see CRS Report R47015,
FEMA’s Individuals and Households Program (IHP)—Implementation and
Considerations for Congress, by Elizabeth M. Webster; and CRS In Focus IF12049,
FEMA’s Individuals and
Households Program (IHP), by Elizabeth M. Webster.
86 For more information on the Individual Assistance (IA) programs, see CRS Report R46014,
FEMA Individual
Assistance Programs: An Overview, by Elizabeth M. Webster; and CRS In Focus IF11298,
A Brief Overview of
FEMA’s Individual Assistance Program, by Elizabeth M. Webster. See also FEMA, “Individual Assistance,” last
updated February 3, 2023, https://www.fema.gov/assistance/individual. For additional information on disaster
unemployment assistance, see CRS Report RS22022,
Disaster Unemployment Assistance (DUA), by Julie M.
Whittaker.
87 FEMA, “Hazard Mitigation Assistance Grants,” last updated April 20, 2023, https://www.fema.gov/grants/
mitigation.
88 For more on the various Hazard Mitigation Assistance (HMA) programs, see FEMA,
HMA Guide; and CRS Insight
IN11187,
Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance, by Diane P. Horn.
89 Some forms of PA and IA may be available when the President has declared an emergency, and PA, IA, and HMA
may be available when the President has declared a major disaster (44 C.F.R. §206.40(a)); see also FEMA, “How a
Disaster Gets Declared.” After the President declares an emergency or major disaster, the governor or chief executive
may request that the declaration be amended to include additional areas and/or types of assistance (44 C.F.R.
§206.40(c)).
90 44 C.F.R. §206.44(a) and (b).
91 For additional information on the National Flood Insurance Program, see CRS Report R44593,
Introduction to the
National Flood Insurance Program (NFIP), by Diane P. Horn and Baird Webel; and CRS Report R44808,
Federal
Disaster Assistance: The National Flood Insurance Program and Other Federal Disaster Assistance Programs
Available to Individuals and Households After a Flood, by Diane P. Horn.
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programs not administered by the U.S. Department of Homeland Security (DHS) or FEMA that
can provide disaster assistance in certain circumstances. They include federal programs provided
by the U.S. Small Business Administration (SBA), the U.S. Department of Housing and Urban
Development (HUD), the U.S. Department of Transportation (DOT), the U.S. Department of
Agriculture (USDA), and the U.S. Army Corps of Engineers (USACE), among other federal
programs. Five significant programs include the following:
•
SBA Disaster Loan Program: The SBA provides federally subsidized loans to
repair or replace homes, personal property, or businesses that sustained uninsured
damages following a disaster. The SBA Disaster Loan Program also provides
subsidized loans to businesses that suffered economic loss as a result of a
disaster.92
•
HUD Community Development Block Grant Disaster Recovery (CDBG-DR)
Program: These funds can be used to meet a wide range of unmet disaster needs,
but the program requires Congress to authorize a supplemental appropriation.93
•
DOT Federal-Aid Highway (FHWA) Emergency Relief (ER) Program: The
ER program is the major source of grant funds for the repair and reconstruction
of roads on the federal highway system that have suffered serious damage as a
result of either: (1) a natural disaster over a wide area, such as a flood, hurricane,
tidal wave, earthquake, tornado, severe storm, or landslide; or (2) a catastrophic
failure from any external cause.94
•
USDA Agriculture and Rural Assistance: The USDA has multiple programs
that provide food, housing, and financial assistance, primarily to agricultural and
rural communities.95
•
USACE Emergency Assistance: The USACE provides assistance to repair
damaged flood control works (e.g., levees) and federally constructed hurricane or
shore protection projects that participate in the agency’s Rehabilitation and
Inspection Program.96 The USACE has an emergency response authority, under
which it performs flood-fighting, and other emergency response (e.g., emergency
water supplies) and disaster assistance focused on actions to save lives and
92 For additional information on the SBA Disaster Loan Program, see CRS Report R44412,
SBA Disaster Loan
Program: Frequently Asked Questions, by Bruce R. Lindsay.
93 For more on how Community Development Block Grants (CDBG) can be used to support disaster relief efforts, see
CRS Report R46475,
The Community Development Block Grant’s Disaster Recovery (CDBG-DR) Component:
Background and Issues, by Joseph V. Jaroscak. The program website for the Community Development Block Grant
Disaster Recovery (CDBG-DR) program is available at https://www.hudexchange.info/programs/cdbg-dr/.
94 For more on the Federal-Aid Highway (FHWA) Emergency Relief (ER) program and its comparable program for
transit, see CRS Report R45298,
Emergency Relief for Disaster-Damaged Roads and Public Transportation Systems,
by Robert S. Kirk and William J. Mallett.
95 For more information, see the U.S. Department of Agriculture’s (USDA’s) fact sheet on their programs (USDA,
“Fact Sheet: USDA Programs That Assist Individuals and Small Businesses: USDA Assistance Programs—Disaster,”
updated March 9, 2017, https://www.usda.gov/sites/default/files/documents/fact-sheet-usda-programs-assist-
individuals-small-businesses_1.pdf); CRS Report RS21212,
Agricultural Disaster Assistance, by Megan Stubbs; and
CRS Report RL33816,
Broadband Loan and Grant Programs in the USDA’s Rural Utilities Service, by Lennard G.
Kruger and Alyssa R. Casey.
96 For more information on the Rehabilitation and Inspection Program, see CRS Report R41243,
Army Corps of
Engineers: Water Resource Authorizations, Appropriations, and Activities, by Nicole T. Carter and Charles V. Stern.
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protect improved property.97 The USACE also has limited authorities to assist
with selected activities during times of drought.98
Other Federal Assistance
As described in the above section on
“Other Federal Declarations,” Stafford Act declarations are
not the only authority pursuant to which federal assistance may be provided. Further, many
federal departments and agencies have standing authorities to assist SLTT governments, or can be
directed by the President to take certain actions in accordance with their standby authorities.99
Additionally, under a Stafford Act major disaster declaration, the President is authorized to direct
federal agencies to use their resources and authorities to support SLTT response and recovery
efforts, among other things.100 The President can also request federal agencies to detail staff to
temporary duty to provide support as part of an emergency support team.101
If another federal agency is called upon to assist during a Stafford Act-declared disaster, typically
they receive a
mission assignment—or work order to complete a specific task—from FEMA and
are reimbursed through the Disaster Relief Fund (mission assignments are a form of direct federal
assistance under FEMA’s Public Assistance program).102 Federal government agencies also have
numerous authorized deployable federal assets that can support the immediate response to
disaster.103
The federal government or a federal asset may also provide immediate assistance, primarily to
prevent the direct loss of life or significant property damage, without the request rising through
the “normal” request procedures.104
97 Most of the U.S. Army Corps of Engineers’ (USACE’s) disaster response work generally is funded through
supplemental appropriations. Until supplemental appropriations are provided, Congress has provided the USACE with
authority to transfer money from ongoing USACE projects to emergency operations (33 U.S.C. §701n). For more on
USACE-related supplemental appropriations, see CRS Report R42841,
Army Corps Supplemental Appropriations:
History, Trends, and Policy Issues, by Nicole T. Carter and Charles V. Stern.
98 For example, 33 U.S.C. §549a.
99 For additional information on the three main federal declaration frameworks and authorities they can trigger, see
CRS Report R46379,
Emergency Authorities Under the National Emergencies Act, Stafford Act, and Public Health
Service Act, coordinated by Jennifer K. Elsea.
100 42 U.S.C. §5170a.
101 42 U.S.C. §5144.
102 44 C.F.R. §206.208. See FEMA,
FEMA Policy: Mission Assignments, FP 104-010-2, August 17, 2018,
https://www.fema.gov/sites/default/files/2020-04/MA_Policy_aug172018.pdf; and FEMA, “Federal Agency Mission
Assignments,” last updated April 8, 2022, https://www.fema.gov/partnerships/mission-assignments.
103 For more on these assets, see CRS Report R43560,
Deployable Federal Assets Supporting Domestic Disaster
Response Operations: Summary and Considerations for Congress, coordinated by Jared T. Brown.
104 See 42 U.S.C. §5192(a)(8). This authority allows the federal assistance to be provided pursuant to a Stafford Act
emergency declaration “where necessary to save lives, prevent human suffering, or mitigate severe damage, which may
be provided in the absence of a specific request.... ” As another example, the Department of Defense (DOD) can, in
certain circumstances, immediately response to requests for assistance from a civil authority “to save lives, prevent
human suffering, or mitigate great property damage within the United States”—known as “immediate response
authority.” For more information on the DOD’s immediate response authority, see CRS In Focus IF11324,
Defense
Primer: Defense Support of Civil Authorities, by Lawrence Kapp.
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Congressional Activity in Disasters
Federal disaster assistance requires a relationship between the federal and SLTT governments.
Congressional input and support, such as the distribution of information, can aid response and
recovery efforts. Congressional offices may wish to take the following steps before a disaster
occurs and/or prior to a Stafford Act declaration (se
e Figure 2):
• Encourage individuals and families to prepare for disasters using resources such
as Ready.gov, available at http://www.ready.gov, which provide pre-disaster
planning advice.
• Establish a working relationship with the local and/or SLTT emergency
management office(s) in the congressional district or state/territory to understand
the most valuable contributions that the office can make. The lead agency for
each state can be found at https://www.fema.gov/locations.
• Learn about existing mutual aid agreements.
• Consider a letter of support for the governor/chief executive’s request for a
Stafford Act declaration by framing the problems confronted by the affected
jurisdiction, and the importance of specific federal, supplemental assistance (note
that congressional offices cannot request a Stafford Act declaration).
• Provide input to the PDA teams, through SLTT officials, regarding pockets of
need or constituents who have noted problem areas that should be reviewed. Help
to manage the expectations of residents by explaining or connecting them with
resources regarding the assistance application process and potential forms of
assistance, as well as eligibility requirements and programmatic limitations.
If a declaration is approved by the President, congressional offices can:
• Establish their relationship with DHS/FEMA congressional liaisons to obtain
accurate and timely information, both at the headquarters level and in the field at
the Joint Field Office (JFO) level.
• Consider publicizing the online process for applying for many federal assistance
programs as described at DisasterAssistance.gov, available at
https://www.disasterassistance.gov/.
• If needed, provide suggestions to DHS/FEMA on potential locations for Disaster
Recovery Centers (DRCs), and for possible sites for Mobile Disaster Recovery
Centers. DRCs are typically staffed by FEMA and other federal agencies, as well
as SLTT government agencies and voluntary organizations, and they provide
citizens with the opportunity for face-to-face sessions with recovery staff. There
are also online and telephone options to help disaster survivors seek assistance.
• Work with DHS/FEMA to get an accurate listing of communities that are
participating in the National Flood Insurance Program (NFIP) and those that are
either sanctioned, or have chosen not to participate.
• Consider publicizing the “Applicant Briefing” to local government and
nongovernmental organizations that sustained damage from the incident. This
briefing is the session in which the Recipient (i.e., the affected
state/territory/tribe) explains the PA program (i.e., emergency and permanent
work that may be eligible for reimbursement), including an overview of seeking
project funding and various program requirements.
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• Engage the State Hazard Mitigation Officer (SHMO) to understand the
state/territory’s plan for mitigation, the priorities it has established, and the
timeline of its implementation. FEMA’s website lists the SHMOs at
https://www.fema.gov/grants/mitigation/state-contacts.
• Be cognizant of the financial status of the Disaster Relief Fund (DRF) that funds
the Stafford Act programs, as well as other missions assigned to other federal
departments and agencies to carry out response and recovery missions.
Depending on the severity of the disaster and existing accounting balances, the
Administration may request, and Congress could act on, legislation to provide
supplemental appropriations to the DRF and other disaster assistance program
accounts.105
In addition to supporting disaster-affected communities, Congress can help improve the delivery
of supplemental disaster assistance by passing legislation to support needed emergency
management reform and conducting agency oversight. Congress may make selective changes to
FEMA’s programs. For example, in December 2022, Congress amended the Stafford Act to allow
Crisis Counseling to be authorized pursuant to an emergency declaration.106 Congress has also, on
occasion, made more sweeping changes to federal emergency management policies and programs
following some notable catastrophic disasters. For example, natural disasters—including
Hurricanes Harvey, Irma, and Maria in 2017 and the devastating California wildfires in 2017 and
2018—served as catalysts for significant changes to federal emergency management policy
effectuated through the enactment of the Disaster Recovery Reform Act of 2018 (DRRA; Div. D
of P.L. 115-254). DRRA required the most comprehensive reform of FEMA’s disaster assistance
programs since the passage of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B
of P.L. 113-2) and the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA,
P.L. 109-295).107
105 For more information on the Disaster Relief Fund, see CRS Report R45484,
The Disaster Relief Fund: Overview
and Issues, by William L. Painter. See also FEMA, “Disaster Relief Fund: Monthly Reports,” https://www.fema.gov/
about/reports-and-data/disaster-relief-fund-monthly-reports.
106 See Sec. 7321 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (P.L. 117-263).
107 The Disaster Recovery Reform Act of 2018 (DRRA; Div. D of P.L. 115-254) explicitly intended to improve disaster
preparedness, response, recovery, and mitigation, including pre-disaster mitigation by clarifying assistance program
eligibility, processes, and limitations; and increasing FEMA’s transparency and accountability. Thus, DRRA amended
many sections of the Stafford Act and included new standalone authorities. DRRA also required reports to Congress,
rulemaking, and other actions. For more information on DRRA, see CRS Report R46776,
The Disaster Recovery
Reform Act of 2018 (DRRA): Implementation Updates for Select Provisions, coordinated by Elizabeth M. Webster and
Bruce R. Lindsay; and CRS Report R46774,
The Disaster Recovery Reform Act of 2018 (DRRA): Implementation
Update Tables for Select Provisions, coordinated by Elizabeth M. Webster.
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Figure 2. Potential Actions Congressional Offices May Take
Source: Developed by CRS.
Notes: *SLTT: State, Local, Tribal, and Territorial
Where to Obtain Further Information
Online sources for current disaster response information are publicly available as follows:
• Current Stafford Act declarations: FEMA, “Disaster Information,”
https://www.fema.gov/disaster.
• FEMA news releases: FEMA, “Press Releases,” https://www.fema.gov/about/
news-multimedia/press-releases.
• FEMA blog, Facebook page, and Twitter feed:
• FEMA, “Blog,” https://www.fema.gov/about/news-multimedia/blog;
• @FEMA Facebook: https://www.facebook.com/FEMA; and
• @fema Twitter: https://twitter.com/fema.
• Congressional offices may also request to be added to the distribution lists for
FEMA’s Office of External Affairs, Congressional Affairs Division (FEMA-
Congressional-Affairs@fema.dhs.gov; 202-646-4500), including to receive:
• the FEMA Daily Operations Briefing, which provides information regarding
current operations, including updates on active response efforts, forecast
information, the status of joint PDAs, and declaration requests in process, as
well as the national FEMA common operating picture; and
• disaster-specific information (e.g., Congressional Advisories released for
specific declared emergencies and major disasters).
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Disaster assistance programs:
• How citizens can apply to receive disaster assistance:
http://www.disasterassistance.gov/.
• Background on all federal assistance programs: https://sam.gov/content/
assistance-listings.
• Information on government programs: USA.gov, “Disasters and Emergencies,”
https://www.usa.gov/disasters-and-emergencies.
Scientific information on selected natural hazards:
• Relating to hurricanes: National Hurricane Center and Central Pacific Hurricane
Center, http://www.nhc.noaa.gov/.
• Relating to earthquakes: U.S. Geological Survey (USGS), “Earthquakes,”
https://www.usgs.gov/programs/earthquake-hazards/earthquakes.
• Current flood and drought maps: USGS, “Water Watch,”
http://waterwatch.usgs.gov/new/.
• Current severe weather warnings, including tornados, thunderstorms, and
flooding: National Oceanic and Atmospheric Administration and National
Weather Service, “Storm Prediction Center,” https://www.spc.noaa.gov/.
Personal preparedness:
• How citizens can prepare for disasters: DHS, “Ready.gov,”
http://www.ready.gov/.
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Appendix. Federal Guidance and Frameworks108
The National Preparedness System
The Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA, P.L. 109-295),
enacted October 4, 2006, mandated that the President develop a national preparedness goal and a
national preparedness system to “prepare the Nation for all hazards, including natural disasters,
acts of terrorism, and other man-made disasters.”109 On March 30, 2011, former President Barack
Obama issued Presidential Policy Directive 8: National Preparedness (PPD-8), establishing the
National Preparedness System (NPS).110 In accordance with PKEMRA, the purpose of PPD-8
was to:
strength[en] the security and resilience of the United States through systemic preparation
for the threats that pose the greatest risk to the security of the Nation, including acts of
terrorism, cyber attacks, pandemics, and catastrophic natural disasters.111
The NPS is “an integrated set of guidance, programs, and processes that will enable the Nation to
meet the national preparedness goal.”112 It is designed to help “ensure the Nation’s ability to
prevent, respond to, recover from, and mitigate against natural disasters, acts of terrorism, and
other man-made disasters.”113 In brief, the NPS and its many component policies embody the
strategic vision and planning of the federal government, with input from the
whole community,114
as it relates to preparing the nation for all hazards. The NPS also establishes methods for
achieving the nation’s desired level of preparedness for both federal and nonfederal partners by
identifying the
core capabilities.115
A key component of the NPS is the National Incident
Management System (NIMS) that provides a consistent approach for the whole community to
work “together seamlessly and manage incidents involving all threats and hazards—regardless of
cause, size, location, or complexity—in order to reduce loss of life, property and harm to the
environment.”116 Further, as directed by PPD-8, the NPS is supported by numerous strategic
108 For additional information on national preparedness, see CRS Report R46696,
National Preparedness: A Summary
and Select Issues, by Shawn Reese and Lauren R. Stienstra; and CRS Infographic IG10027,
Strengthening National
Preparedness, by Lauren R. Stienstra.
109 Section 642 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA, P.L. 109-295), 6 U.S.C.
§742.
110 U.S. Department of Homeland Security, “Presidential Policy Directive 8: National Preparedness (PPD-8),” March
30, 2011, https://www.dhs.gov/presidential-policy-directive-8-national-preparedness (hereinafter PPD-8).
111 PPD-8.
112 PPD-8. The national preparedness goal is “[a] secure and resilient nation with the capabilities required across the
whole community to prevent, protect against, mitigate, respond to and recover from the threats and hazards that pose
the greatest risk.” FEMA, “National Preparedness,” last updated December 28, 2022, https://www.fema.gov/
emergency-managers/national-preparedness.
113 6 U.S.C. §§743-744.
114 The “whole community” includes individuals and families, including those with access and functional needs;
businesses; faith-based and community organizations; nonprofit groups; schools and academia; media outlets; and all
levels of government, including state, local, tribal, territorial, and federal partners. See FEMA, “Whole Community,”
last updated October 6, 2020, https://www.fema.gov/glossary/whole-community.
115 6 U.S.C. §741(1) defines
capability as “the ability to provide the means to accomplish one or more tasks under
specific conditions and to specific performance standards. A capability may be achieved with any combination of
properly planned, organized, equipped, trained, and exercised personnel that achieves the intended outcome.” A
core capability is one that is “necessary to prepare for the specific types of incidents that pose the greatest risk to the security
of the Nation.” See PPD-8.
116 FEMA, “National Incident Management System,” last updated May 9, 2023, https://www.fema.gov/emergency-
(continued...)
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component policies, including National Planning Frameworks for each of the five mission areas:
Prevention, Protection, Mitigation, Response, and Recovery.117 Each National Planning
Framework is supported by a federal interagency operational plan (FIOP) that describes how the
federal government aligns its supporting resources and delivers core capabilities. Two of the most
significant frameworks for responding to a disaster are described below.
National Response Framework
The National Response Framework (NRF) guides the nation’s response to all kinds of incidents
regardless of cause or size, including emergencies and major disasters.118 Although the NRF is
often closely linked with the Stafford Act, the NRF is always in effect and does not require a
formal Stafford Act declaration to be used.119 Moreover, the NRF is guidance—not law. As such,
it may be revised, as needed.
The NRF is designed to aid in the management of any disaster requiring federal coordination,
including those declared under other federal authorities.120 The NRF is built on the concepts
included in the NIMS, and the NRF’s structure is intended to help federal and SLTT government
agencies. The NRF envisions that these agencies would coordinate with private and
nongovernmental organizations, and members of the community during a response, using
commonly understood terminology and management structures.
The NRF establishes 15 Emergency Support Functions (ESFs) to organize the response
capabilities of the federal government. ESFs “provide the structure for coordinating Federal
interagency support for a Federal response to an incident.”121 They group federal agencies with
pertinent authorities, resources, and expertise to accomplish the capabilities needed in disaster
response, regardless of the type of hazard.122 For instance, ESF #8—Public Health and Medical
Services—is designed to provide planning support and help coordinate federal public health,
healthcare delivery, and emergency response systems to deliver services to supplement SLTT
government resources in responding to an incident.123
managers/nims. For additional information on NIMS, see FEMA,
National Incident Management System, 3rd ed.,
October 2017, https://www.fema.gov/sites/default/files/2020-07/fema_nims_doctrine-2017.pdf.
117 FEMA, “National Preparedness,” last updated December 28, 2022, https://www.fema.gov/emergency-managers/
national-preparedness.
118 U.S. Department of Homeland Security,
National Response Framework, 4th ed., October 28, 2019,
https://www.fema.gov/sites/default/files/2020-04/NRF_FINALApproved_2011028.pdf (hereinafter DHS,
NRF).
119 DHS,
NRF, p. 22.
120 DHS,
NRF, p. 3. Examples include public health emergencies declared under Section 319 of the Public Health
Services Act (42 U.S.C. §§201 et seq.), or spills of national significance under the Oil Pollution Act (P.L. 101-380).
121 FEMA, “Emergency Support Functions,” https://www.fema.gov/emergency-managers/national-preparedness/
frameworks/response#esf.
122 FEMA, “Emergency Support Functions,” https://www.fema.gov/emergency-managers/national-preparedness/
frameworks/response#esf (see the links to each annex on FEMA’s webpage for the “National Response Framework”).
123 Each ESF has a coordinating agency, typically several different primary agencies, and a larger number of support
agencies. ESF #8 is coordinated by the U.S. Department of Health and Human Services. FEMA, “Emergency Support
Function #8—Public Health and Medical Services Annex,” June 2016, https://www.fema.gov/sites/default/files/2020-
07/fema_ESF_8_Public-Health-Medical.pdf.
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National Disaster Recovery Framework
The National Disaster Recovery Framework (NDRF) guides the nation’s recovery from
disasters.124 The NDRF designates coordinating structures to assist with short-, intermediate, and
long-term recovery following a disaster incident. These include basic recovery principles, and an
explanation of roles and responsibilities at the respective levels of government. As with the NRF,
the NDRF uses a support function model to organize the delivery of federal capabilities. For the
recovery phase, FEMA and its partners may identify six Recovery Support Functions (RSFs).125
An example of a Recovery Support Function is the Economic Recovery Support Function, which
is coordinated by the U.S. Department of Commerce.126
In addition, the NDRF describes three positions that may provide focal points for incorporating
recovery considerations into the decisionmaking process following a disaster. Those positions are
the Federal Disaster Recovery Coordinator (FDRC), State or Tribal Disaster Recovery
Coordinators (SDRCs or TDRCs), and Local Disaster Recovery Managers (LDRMs).127
Author Information
Elizabeth M. Webster
Bruce R. Lindsay
Analyst in Emergency Management and Disaster
Analyst in American National Government
Recovery
Acknowledgments
Erica A. Lee, Analyst in Emergency Management and Disaster Recovery, assisted with editorial comments
and suggestions.
124 DHS,
National Disaster Recovery Framework, 2nd ed., June 2016, https://www.fema.gov/sites/default/files/2020-06/
national_disaster_recovery_framework_2nd.pdf (hereinafter DHS,
NDRF).
125 FEMA, “Recovery Support Function Overviews,” https://www.fema.gov/emergency-managers/national-
preparedness/frameworks/recovery (see the links to each annex on FEMA’s webpage for the “National Disaster
Recovery Framework”).
126 See, for example, FEMA, “National Disaster Recovery Framework: Economic Recovery Support Function,” last
accessed May 12, 2023, https://www.fema.gov/sites/default/files/2020-06/rsf_economic.pdf.
127 DHS,
NDRF, pp. 9-10.
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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
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