	Overview of the Stafford Act

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) authorizes the President to issue major disaster, emergency, and fire management declarations, which in turn enable federal agencies to provide assistance to state and local governments overwhelmed by catastrophes. Following the investigation into the response to Hurricane Katrina, Congress also authorized the Administrator to provide federal leadership before and after catastrophes, including "assisting the President in carrying out the functions" of the Stafford Act. The 1974 Disaster Relief Act, As Amended

The Stafford Act consists of the text of the statute enacted by Congress in 1974 and that of a series of amendments approved over the past 35 years that have added administrative requirements, enhanced the types of assistance that may be provided, expanded eligibility to certain non-profit organizations, and coordinated Stafford assistance with other federal authorities. The 2006 Amendments

Through the Post-Katrina Emergency Management Reform Act of 2006 (Title VI, P.L. Aid to individuals with special needs. Assistance to nonprofit organizations. Action in the 111th Congress

Legislation introduced in the 111 th Congress could have expanded categories of federal assistance in the Stafford Act and, if enacted, make relatively minor adjustments to the statute. H.R. 941 and S. 1069 : H.R. H.R. Similarly, but not as an amendment to the Stafford Act, S. 713 would mandate that the FEMA Administrator evaluate the existing stock of temporary housing units and plan for their disposition or storage. H.R. Funding would be authorized through FY2012 for the Pre-Disaster Mitigation program (described below in this report), the Administrator of FEMA would be required to modernize and modify the existing federal public warning and alert system, the Mortgage and Rental Assistance program would be reauthorized, temporary or intermittent employees who provide disaster assistance would be eligible for federal health benefits, the National Urban Search and Rescue Response system would be authorized, the Disaster Relief Fund would be authorized, and grants for hazard mitigation would be increased if states meet minimum building code standards. Second, the FY2010 appropriations statute for DHS authorizes the reemployment of retired administrative law judges to settle disputes related to the arbitration panels established in the American Recovery and Reinvestment Act of 2009 in order to expedite recovery from Hurricanes Katrina and Rita. (The statute also allows Governors to request the use of Department of Defense resources before a major disaster or emergency declaration is issued.) Disaster Relief Fund

Congress appropriates money to the Disaster Relief Fund (DRF) to ensure that the federal assistance described earlier in this report is available to help individuals and communities stricken by severe disasters. H.R. Other bills ( H.R. 3377 and H.R. After Senate defeat on March 9, 2010 of a proposal to include the supplemental in legislation ( H.R. 111-112 that provided more than $5.5 billion in additional supplemental disaster relief funding.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) authorizes the President to issue major disaster or emergency declarations in response to catastrophes in the United States that overwhelm state and local governments. Such declarations result in the distribution of a wide range of federal aid to individuals and families, certain nonprofit organizations, and public agencies. Congress appropriates money to the Disaster Relief Fund (DRF), through both annual appropriations and emergency supplemental appropriations, for disaster assistance authorized by the Stafford Act. The Federal Emergency Management Agency (FEMA) within the Department of Homeland Security (DHS) administers most, but not all, of the authority the statute vests in the President.
The most recent significant action concerning the statute occurred in the closing months of the 109th Congress as a result of the congressional investigation on the response to Hurricane Katrina (August 2005). Senators inserted Stafford Act amendments into the FY2007 DHS appropriations legislation (Title VI of P.L. 109-295). These amendments expanded FEMA's authority to expedite emergency assistance to stricken areas, imposed new planning and preparedness requirements on federal administrators, provided new authority to regional offices, and increased federal assistance to victims and communities. More recently, Congress included a provision in the FY2010 appropriations legislation (P.L. 111-83) that allows retired law judges to arbitrate conflicts concerning the recovery of public infrastructure in the Gulf Coast due to Hurricanes Katrina and Rita. While not an amendment to the Stafford Act, this provision affects the administration of the FEMA appeals process under which applications for Stafford assistance are reconsidered. The decisions made to date by the arbitration panels resulted in an Administration request for supplemental funding that resulted in P.L. 111-112, which added more than $5.5 billion to the Disaster Relief Fund.
Previously introduced legislation during the 111th Congress would have amended the statute. Among the proposals, H.R. 3377, the Disaster Response, Recovery, and Mitigation Enhancement Act of 2009, would have authorized the Disaster Relief Fund, provided health benefits to temporary or intermittent federal employees who provide disaster assistance, authorized the National Urban Search and Rescue Response System, and requested FEMA to update standards for individual assistance disaster requests. Other bills sought to reauthorize a mortgage and rental assistance program terminated in 2000 (H.R. 888/S. 763), establish new eligibility criteria (H.R. 941, H.R. 1059, H.R. 1494, H.R. 2484, H.R. 4141, and S. 1069), and mandate establishment of a tracking and storage plan for housing units used by disaster survivors (H.R. 3437/S. 713).