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 the "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."

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 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:

• 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 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

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 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 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 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.

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.

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) web page 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 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 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 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

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
• 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 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 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

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 (see 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.
• 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

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).

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/.

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 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, health care delivery, and emergency response systems to deliver services to supplement SLTT government resources in responding to an incident.¹²³

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