Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, and Related Authorities (FEMA 592 / June 2007)

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-707), signed into law on November 23, 1988; amended the Disaster Relief Act of 1974 (Public Law 93-288). The Stafford Act constitutes the statutory authority for most Federal disaster response activities especially as they pertain to the Federal Emergency Management Agency (FEMA) and FEMA programs. The Stafford Act is designed to bring an orderly and systemic means of federal natural disaster assistance for state and local governments in carrying out their responsibilities to aid citizens. Congress' intention was to encourage states and localities to develop comprehensive disaster preparedness plans, prepare for better intergovernmental coordination in the face of a disaster, encourage the use of insurance coverage, and provide Federal assistance programs for losses due to a disaster. Title I provides the intent of Congress to provide continued and orderly assistance, by means of the Federal government, to State and local governments to relieve hardship and damage which result from disasters. An emergency may be any instance in which State or local efforts need Federal assistance to save lives and protect the health and welfare of the people in a community. A major disaster may be defined as any natural catastrophe, fire, flood, or explosion, determined by the president to warrant the additional resources of the Federal government to alleviate damages or suffering they cause. Title II authorizes the President to establish a disaster preparedness program that utilizes the appropriate agencies and gives the President the right to provide technical assistance to states in order to complete a comprehensive plan to prepare against disasters. Title II articulates the necessity of a disaster warning system. This includes the readiness of all appropriate Federal Agencies to issue warnings to State and local authorities and the disbursement of warnings to the public. This title authorizes the President to make use of either the civil defense communication system or any commercial communications systems that are voluntarily given to the president to issue warnings to the public. Title III explains that upon the declaration of a major disaster, the President must appoint a Federal coordinating officer to help in the affected area. The President must also form emergency support teams staffed with Federal personnel. Title IV sets out the authority of the President during major disasters or emergencies. These powers include, but are limited to: directing any Federal agency to help the affected area (including precautionary evacuations), coordinating all disaster relief assistance, providing technical and advisory assistance (issuing warnings, providing for the public health and safety, and participating in recovery activities), distributing medicine, food and other supplies, and providing accelerating Federal assistance when the President deems it necessary. The President can also provide any emergency communications or public transportation that an affected location might need. Title V explains the process a State must follow to request that the President declare an emergency. Every request for the President to declare an emergency must come from the Governor of the State. In order for a request to be made, the Governor must deem that the situation is beyond the potential for the State to manage. Title IV explains the measures that have to be undertaken to prepare for anticipated hazards including creating operational plans, recruiting and training personnel, conducting research, stockpiling necessary materials and supplies, creating suitable warning systems, and constructing shelters. Title six also sets out the authority and responsibilities of the director of FEMA. Title VII gives the President the authority to determine any rule or regulation that may be necessary to carry out the powers that he is given in the Act. Read more