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FEMA Disaster Relief

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Title: FEMA Disaster Relief


1
FEMA Disaster Relief
  • Diane Donley
  • Office of Chief Counsel
  • 202-646-3120
  • Diane.Donley_at_dhs.gov
  • September 15, 2008


2
History
  • 1950 P.L. 81-875 creates Federal disaster
    relief program
  • 1970 Disaster Relief Act (P.L. 91-606)
  • 1974 Disaster Relief Act Amendments (P.L.
    93-288)
  • 1979 E.O. 12127 creates FEMA
  • 1988 Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (P.L. 100-707)
  • 2000 Disaster Mitigation Act of 2000 (P.L.
    106-390)
  • 2002 Homeland Security Act (P.L. 107-296)
  • 2006 Post-Katrina Emergency Management Reform
    Act

3
Primary Disaster Relief Legal Authorities
  • Robert T. Stafford Disaster Relief and Emergency
    Assistance Act, 42 U.S.C. 5121 et seq., as
    amended
  • Homeland Security Act of 2002, as amended by Post
    Katrina Emergency Reform Act of 2006
  • E.O. 12148, as amended
  • Title 44 of the Code of Federal Regulations

4
Stafford Act Topics to Be Covered
  • Public Assistance
  • Individual Assistance
  • Hazard Mitigation
  • Accelerated Assistance
  • Evacuation Authority
  • Mission Assignments, Direct Federal Assistance
    PSMAs
  • Transportation Assistance
  • Case Management Assistance
  • Pets
  • Essential Service Providers
  • Authority to Assist the Private Sector

5
Public Assistance
  • Emergency Work
  • Assistance essential to meeting immediate
    threats to life and property
  • Includes debris removal, search and rescue,
    evacuation, emergency medical care, mass care,
    shelter, food, water, temporary facilities for
    essential community services, warnings, technical
    advice
  • Under an emergency declaration eligible work also
    includes work necessary to lessen or avert a
    catastrophe
  • Provided by grants to state and local governments
    and eligible private non-profits, i.e. Project
    Worksheets or PWs or directly by the Federal
    government
  • Federal share generally 75 though may be
    increased by the President
  • See 42 U.S.C. 5170b 5192

5
6
Public Assistance
  • Permanent Work 42 U.S.C. 5172
  • Repair, restoration and replacement of damaged
    facilities owned by states and local governments,
    and eligible private non-profits
  • Provided through grants, i.e. Project
    Worksheets
  • Federal share generally 75 though it may be
    raised by the President, 42 USC 5172(b)(1)

6
7
Individual Assistance
  • Individuals and Households Program (IHP), 42 USC
    5174
  • Temporary Housing
  • FEMA may provide rental assistance, direct
    housing assistance (e.g. manufactured housing),
    repair assistance and replacement assistance
    directly to disaster victims. 42 USC 5174
  • Other Needs Assistance
  • FEMA or the State may provide individuals with
    Other Needs Assistance for disaster-related
    necessary expenses or serious needs (e.g.
    medical, dental, funeral, personal property,
    transportation). 42 USC 5174, 5189c

7
8
Individual Assistance, contd
  • Other
  • Voluntary Agency Coordination, 42 USC 5152.
  • Disaster unemployment, 42 USC 5177
  • Disaster food stamps, 42 USC 5179
  • Disaster legal services, 42 USC 5182
  • Crisis counseling, 42 USC 5183
  • Case management, 42 USC 5189d
  • Cora Brown Fund, 42 U.S.C. 5201(b)

8
9
Hazard Mitigation, 42 USC 5170c
  • Amount of assistance is based on a percentage of
    the total estimated Federal assistance for
    disaster relief for the State
  • The State is the grantee for these funds and
    works with its local governments to determine
    priorities for the funding
  • Mitigation is any action of a long-term,
    permanent nature that reduces the actual or
    potential risk of loss of life or property from a
    hazardous event
  • State must have approved mitigation plan to
    receive assistance to restore damaged facilities
    44 C.F.R. 226(b)

9
10
Accelerated Federal Assistance
  • After a major disaster or emergency declaration,
    this change allows accelerated Federal
    assistance in the absence of a specific request
    from a State where necessary to save lives,
    prevent human suffering or mitigate severe damage
  • Section 402 of Stafford Act, 42 U.S.C. 5170a(5)
  • Section 502 of Stafford Act, 42 U.S.C. 5192(8)
  • PKEMRA amendment

11
Evacuation Authority
  • Primary authority for evacuations belongs to the
    State.
  • FEMA was given original authority for evacuations
    in the Homeland Security Act.
  • Firearms.
  • PKEMRA included evacuation authority for FEMA in
    sections 402(1) and 402(2).

12
Mission Assignments, Direct Federal Assistance
PSMAs
  • MAs are authorized under section 402 and 403 of
    Stafford Act and the differences between them.
  • Direct Federal Assistance merely means a MA with
    a cost share.
  • PSMAs There are about 223 now. They are drafts
    and not final documents.

13
Transportation Assistance
  • Provides for trips home for renters and
    homeowners when they have been displaced more
    than 50 miles from their originally pre-disaster
    address.
  • Proposed regulations have just been written.
  • Section 425 of Stafford Act

14
Case Management Assistance
  • Basic concept - provide referral service to
    disaster applicants about housing opportunities
    job information child care information and
    similar information to achieve self-sufficiency.
  • Two pilot programs one with HHS and one with
    certain disaster victims who remain in temporary
    housing units from Hurricanes Katrina and Rita
  • Section 426 of Stafford Act

15
Pets
  • Federal agencies may be mission-assigned to
    provide assistance to meet immediate threats to
    life and property to provide rescue, care,
    shelter, and essential needs
  • - To individuals with household pets and
    service animals
  • - To such pets and animals
  • Public Assistance Policy 9523.19 (Oct 24, 2007)
  • Section 403(a)(3)(J) of Stafford Act

16
Essential Service Providers
  • An essential service provider is a municipal
    entity, nonprofit entity or private for-profit
    entity that provides telecommunications service,
    electrical power, natural gas, water and sewer
    services or any other essential service as
    determined by the President
  • The head of a Federal agency may not deny or
    impede access to the disaster site to an
    essential service provider whose access is
    necessary to restore and repair an essential
    service. 42 U.S.C. 5189e

17
Authority to Assist the Private Sector
  • Facilitate the Federal mission
  • Request by State or local government
  • Work through Infrastructure Liaison
  • Example -- Security

18
Other Authorities Topics to be Covered
  • Victims of Crime Act
  • Economy Act
  • Defense Production Act

19
Victims of Crime Act(VOCA)
  • Mandated Expenses. The state must pay for
    medical expenses, mental health counseling, and
    lost wages if those are attributable to physical
    injury, and must cover funeral expenses as well.
  • Beyond these, the state can cover anything else
    except
  • Property Damage VOCA prohibits the use of
    federal funds for property damage.
  • Last Payer. VOCA is a last payer in relationship
    to all federal benefit programs.
  • 42 U.S.C. 10601 - 10608

20
Economy Act
  • The head of an agency may place an order with a
    major organizational unit within the same agency
    or another agency for goods or services
  • - The order is in the best interest of the
    United States - The agency to fill the order
    is able to obtain by contract the ordered goods
    or services and
  • - The head of the agency decides the goods or
    services cant be provided by contract as
    conveniently or cheaply by a commercial
    enterprise
  • 31 U.S.C. 1535

21
Defense Production Act (DPA)
  • Among other things, the DPA allows for the
    expansion of domestic productive capacity beyond
    the levels needed to meet the civilian demand
    and some diversion of certain materials and
    facilities from civilian use to military and
    related purposes.(!1)
  • (5) to meet the requirements referred to in this
    subsection, this Act sections 2061 to 2171 of
    this Appendix affords to the President an array
    of authorities to shape defense preparedness
    programs and to take appropriate steps to
    maintain and enhance the defense industrial and
    technological base (6) the activities referred
    to in this subsection are needed in order to -
    (A) improve domestic defense industrial base
    efficiency and responsiveness (B) reduce the
    time required for industrial mobilization in the
    event of an attack on the United States or

22
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