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Federal Emergency Management: A Brief

Introduction

Bruce R. Lindsay, Coordinator


Analyst in American National Goverment

November 30, 2012

Congressional Research Service


7-5700
www.crs.gov
R42845
CRS Report for Congress
Prepared for Members and Committees of Congress
Federal Emergency Management: An Introduction

Summary
The federal government plays a significant role in emergency management, which generally
refers to activities associated with avoiding and responding to natural and human-caused hazards.
Emergency management in the United States is highly decentralized and contextual in nature:
activities often involve multiple jurisdictions as well as a vast number of agencies,
nongovernmental organizations, and private sector entities. In addition, the number and type of
actors involved in an incident will vary tremendously depending on the context and severity of
the event. Similarly, the legal framework through which emergency management functions and
activities are authorized is also decentralized and stems from multiple authorities.

Congress annually appropriates funds for a wide range of activities and efforts related to
emergency management. For example, between 2005 and 2011 Congress provided an average of
$12 billion annually to the Federal Emergency Management Agency, the lead federal agency
responsible for disaster relief through regular and supplemental appropriations. Congress has also
invested over $120 billion through various federal agencies to help the Gulf Coast Region recover
from the hurricanes that hit the Gulf Coast in 2005 and 2008.

In recent years congressional interest in emergency management has focused on funding,


program administration, and program coordination—both among federal agencies and state
emergency management agencies. This report provides an introduction to the principles and
foundations of federal emergency management in the United States and a description of the
activities of the federal agencies that provide assistance, focusing primarily on the Federal
Emergency Management Agency, but also including information on the National Guard,
Department of Agriculture, Department of Defense, Army Corps of Engineers, Department of
Health and Human Services, Department of Housing and Urban Development, Department of
Transportation, Environmental Protection Agency, Forest Service, and Small Business
Administration.

This report is designed to provide Members of Congress and congressional staff with a general
overview of principles and foundations of federal emergency management in the United States as
well as the types of activities provided by various federal agencies. The report begins with a
description of the four phases of emergency management: (1) mitigation, (2) preparedness, (3)
response, and (4) recovery, and includes examples of some of the activities that take place in each
of these phases. The report then discusses a recent movement at the federal level to carry out
these phases of emergency management through a system of frameworks. The frameworks
include (1) the National Prevention Framework, (2) the National Protection Framework, (3) the
National Mitigation Framework, (4) the National Response Framework, and (5) the National
Disaster Recovery Framework. The frameworks are used to designate roles and responsibilities
and coordinate various activities.

Next, this report describes the process for requesting federal assistance for major disasters,
emergencies, and fire suppression. The declaration section also includes brief summaries of the
types of assistance provided through each type of declaration. This discussion is followed by
description of federal-to-state cost shares, how federal assistance is funded, and the process
through which FEMA requests assistance from other federal entities. The section then provides a
description of the close-out process—the process in which FEMA terminates its recovery efforts.
The report includes a discussion of key federal laws and policies that influence federal emergency

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Federal Emergency Management: An Introduction

management, and concludes by highlighting some of the federal activities that take place in
response to emergencies and disasters.

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Federal Emergency Management: An Introduction

Contents
Introduction...................................................................................................................................... 1
Key Concepts and Approaches in Emergency Management ........................................................... 1
All-Hazards Model .................................................................................................................... 1
NIMS and ICS ........................................................................................................................... 2
Phases of Emergency Management ........................................................................................... 2
Mitigation ............................................................................................................................ 3
Preparedness ........................................................................................................................ 3
Response ............................................................................................................................. 3
Recovery ............................................................................................................................. 3
The Framework Approach ......................................................................................................... 4
National Prevention Framework ......................................................................................... 4
National Protection Framework .......................................................................................... 5
National Mitigation Framework .......................................................................................... 5
National Response Framework ........................................................................................... 5
National Disaster Recovery Framework ............................................................................. 6
Federal Assistance through Stafford Declarations ........................................................................... 6
Major Disaster Declarations ...................................................................................................... 7
Assistance Provided Under Major Disaster Declarations ................................................... 7
Emergency Declarations ............................................................................................................ 8
Assistance Provided Under Emergency Declarations ......................................................... 9
Fire Management Assistance Grant Declarations ...................................................................... 9
Assistance Provided under Fire Management Assistance Grants........................................ 9
Cost-Shares ...................................................................................................................................... 9
Disaster Relief Fund ...................................................................................................................... 10
Closeout ......................................................................................................................................... 10
Other Types of Federal Declarations ....................................................................................... 11
Federal to Federal Support............................................................................................................. 13
Stafford Act Incidents and Mission Assignments .................................................................... 13
Non Stafford Act Incidents ...................................................................................................... 13
Other Key Federal Laws and Policies............................................................................................ 13
Disaster Mitigation Act of 2000 .............................................................................................. 13
Post Katrina Emergency Management Reform Act................................................................. 14
Homeland Security Presidential Directives ............................................................................. 14
Homeland Security Act............................................................................................................ 15
National Oil and Hazardous Substances Pollution Contingency Plan..................................... 15
Key Federal Assistance for Disaster Response and Recovery ....................................................... 17
National Guard ........................................................................................................................ 17
Department of Agriculture ....................................................................................................... 18
Department of Defense ............................................................................................................ 19
Immediate Response ......................................................................................................... 19
Requests for Assistance ..................................................................................................... 19
Army Corps of Engineers ........................................................................................................ 20
Department of Health and Human Services ............................................................................ 21
Department of Housing of Housing and Urban Development ................................................ 21

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Federal Emergency Management: An Introduction

Community Development Block Grants ........................................................................... 22


Department of Transportation.................................................................................................. 22
Federal Highway Administration ...................................................................................... 23
Environmental Protection Agency ........................................................................................... 23
Forest Service .......................................................................................................................... 24
Small Business Administration................................................................................................ 25

Tables
Table 1. Other Types of Federal Declarations................................................................................ 12

Contacts
Author Contact Information........................................................................................................... 26
Key CRS Policy Experts ................................................................................................................ 26

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Federal Emergency Management: An Introduction

Introduction
Emergency management generally refers to activities associated with avoiding and responding to
natural and human-caused hazards. Emergency management in the United States is highly
decentralized and contextual in nature. Multiple jurisdictions as well as a vast number of
agencies, nongovernmental organizations, and private sector entities are often involved. In
general, emergency management begins locally, but the federal government plays an important
role when a state requests assistance. Consequently, the number and type of actors involved in an
incident vary tremendously depending on the context and severity of the event. Similarly, the
legal framework through which emergency management functions and activities are authorized is
also decentralized and stems from multiple authorities. This report provides Members of
Congress and their staffs with an introduction to the principles and foundations of federal
emergency management in the United States. It examines the activities of several federal agencies
including the Federal Emergency Management Agency (FEMA) the National Guard, Department
of Agriculture, Department of Defense, Army Corps of Engineers, Department of Health and
Human Services, Department of Housing and Urban Development, Department of Transportation,
Environmental Protection Agency, Forest Service, and Small Business Administration.

In addition, this report discusses the four phases of emergency management: (1) mitigation, (2)
preparedness, (3) response, and (4) recovery; the process for requesting federal assistance for
major disasters, emergencies, and fires; and the types of assistance provided through each type of
Stafford Act declaration. This report also includes a description of federal-to-state cost shares
under the Stafford Act, a discussion on how federal assistance is funded, and the process through
which FEMA requests assistance from other federal entities.

This report also outlines the frameworks that guide various emergency management activities at
the federal and state level, and discusses some of the key federal laws and policies influencing
federal emergency management and highlights federal entities that provide assistance to states
and localities.

Related CRS products examining these issues more in-depth are footnoted in this report.

Key Concepts and Approaches in Emergency


Management
The following sections describe key concepts that undergird federal emergency management.
Many of these concepts originated at the state level and are still being put to use by states and
localities. Some concepts developed by the states have been modified and/or adopted by the
federal government as a national standard.

All-Hazards Model
The all-hazards model is based on the idea that there are generic processes and capabilities
needed to address most kinds of emergencies and disasters. For example, preparing and
responding to an earthquake entails similar activities and capabilities for preparing and
responding to an explosion or terrorist bombing. Thus emergency managers can conduct

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emergency management activities in a more flexible and cost-effective manner than using a
standalone, emergency, or disaster-specific program. Another benefit is that carrying out
emergency management functions generally involves adaptation, which is a guiding principle of
the all-hazards model.1 Thus preparations and lessons learned associated with one type of event,
can often be applied to another type of emergency or disaster scenario.

NIMS and ICS


Emergency management functions are managed according to the principles of the National
Incident Management System (NIMS). Authorized by Homeland Security Presidential Directive 5
(HSPD-5), NIMS is a preparedness and response management model based on the Incident
Command System (ICS).2 ICS is a command and control model developed by firefighters after
the 1970 fires in southern California. The response to the fires was hindered due to duplication of
efforts, lack of coordination, and communication problems. ICS standardizes response operations
by using similar terminology, communication systems, and organizational structure to eliminate
or reduce confusion during a unified response.3 NIMS uses ICS concepts to establish a response
structure that is scalable (capable of growing as more organizations come together to respond to
the incident) that can be used by all jurisdictions, agencies, and organizations to ensure a unified
response to complex events. State and local governments must be NIMS compliant to be eligible
for certain preparedness grants.

Phases of Emergency Management


Emergency management functions are generally grouped into four phases: (1) Mitigation,
(2) Preparedness, (3) Response, and (4) Recovery. The grouping of emergency management
functions is useful for classifying and conceptualizing activities. Use of the four phases at the
state level is not, however, a requirement for grant funding. As discussed later, the federal
government uses a framework approach that differs somewhat from the four phases. The
following sections provide examples of the types of activities that take place in each phase.4

While conceptually useful for targeting efforts and resources, the phases of emergency
management are not distinct—activities in each phase often overlap. For example, recovery
projects often include elements of mitigation (for example, rebuilding structures using current
building codes) and response often includes recovery measures (immediate debris removal). The
phases are also cyclical in nature—lessons learned from an incident might be applied in
preparedness efforts for future emergencies and major disasters.

1
William L. Waugh, Jr., Living with Hazards, Dealing with Disasters An Introduction to Emergency Management
(Armonk, NY: M.E. Sharpe, 2000).
2
Homeland Security Presidential Directive 5: Management of Domestic Incidents, http://www.dhs.gov/xabout/laws/
gc_1214592333605.shtm
3
For example, prior to ICS police and fire departments responding to the same incident might use different radio
frequencies and communicate with different terms. A “code blue” for one department might mean something else for
another. The organization structure might also be different. A commander in one department might have a different role
and responsibility in another. ICS (and NIMS) is therefore an attempt to eliminate potential confusion caused by these
differences.
4
A glossary of emergency and disaster related terms can be located at http://www.fema.gov/glossary.

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Federal Emergency Management: An Introduction

Mitigation
Mitigation activities entail identifying risks and hazards to either substantially reduce or eliminate
the impact of an incident usually through structural measures. Mitigation activities often have a
long-term or sustained effect and may have an impact on insurance premiums. In many cases,
mitigation activities occur in the recovery stage of a major disaster. Some examples of mitigation
include:
• building codes that address risks such as fires, high winds, or earthquakes;
• zoning rules that restrict construction in floodplains;
• rebuilding damaged structures with more resilient materials;
• flood mapping to identify low lying areas and relocating homes and structures located in
floodplains and flood prone areas; and
• dams and levees that help prevent flooding.

Preparedness
Preparedness is distinct from mitigation because rather than focusing on eliminating or reducing
risks, the general focus of preparedness is to enhance the capacity to respond to an incident by
taking steps to ensure personnel and entities are capable of responding to a wide range of
potential incidents. Preparedness activities may include:
• training;
• planning;
• procuring resources, such as food, water, and medication stockpiles;
• intelligence and surveillance activities to identify potential threats; and
• exercising to assure the adequacy of planning efforts and the use of after-action
reports to improve emergency response plans.

Response
Response activities are comprised of the immediate actions to save lives, protect property
and the environment, and meet basic human needs. Response involves the execution of
emergency plans and related actions, and may include:
• evacuating victims;
• deployment of response teams, medical stockpiles, and other assets; and
• establishment of incident command operations.

Recovery
Recovery activities are intended to restore essential services and repair damages caused by the
event. Recovery activities may include:

• the reconstitution of government operations and services (e.g., emergency


services, public safety, and schools);

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• housing and services for displaced families and individuals; and


• replenishment of stockpiles.

The Framework Approach


On March 30, 2011, President Barack Obama issued Presidential Policy Directive 8: National
Preparedness (hereafter PPD-8).5 PPD-8 superseded Homeland Security Presidential Directive 8
(HSPD-8) which was signed by President George W. Bush on December 17, 2003.6 Similar to its
predecessor, PPD-8 provides a guide as to how the nation, from the federal level to private
citizens, can “prevent, protect against, mitigate the effects of, respond to, and recover from those
threats that pose the greatest risk to the security of the Nation” including acts of terrorism and
other human caused incidents (such as oil spills) as natural disasters.7 PPD-8 is also intended to
meet several “comprehensive preparedness system” requirements in Subtitle C of the Post-
Katrina Act.8

PPD-8 establishes that preparedness objectives are to be accomplished by subdividing emergency


management components into a system of integrated, national planning frameworks according to
functionality—prevention, protection, mitigation, response, and recovery.9 The frameworks are
intended to assign roles and responsibilities to various federal agencies with mission areas
involved with aspects of federal emergency management.10

These frameworks either exist in various stages of development or have been implemented. The
following sections provide brief descriptions of each framework.11

National Prevention Framework


While the other planning frameworks address natural hazards and disasters as well as human-
caused incidents, the focus of the National Prevention Framework is mainly on preventing
imminent terrorist threats. As such, upon issue, the National Prevention Framework is to assign
roles and responsibilities and coordinate federal agencies involved with intelligence and

5
For further analysis on PPD-8 see CRS Report R42073, Presidential Policy Directive 8 and the National
Preparedness System: Background and Issues for Congress, by Jared T. Brown.
6
HSPD-8 gave the Secretary of the Department of Homeland Security broad authority to improve preparedness,
prevention, response, and recovery operations among others. HSPD-8 also required the creation of a National
Preparedness Goal and the implementation of a National Preparedness System. HSPD-8 fulfilled many of the
requirements later set forth in the Post Katrina Emergency Management Reform Act of 2006 (Title VI of the
Department of Homeland Security Appropriations Act, 2007—hereinafter the Post-Katrina Act) such as actions to
approach all hazards within a risk-based framework, and the use of metrics to measure levels of preparedness. Many
such requirements, however, were not implemented.
7
The White House, Presidential Policy Directive/PPD-8, March 30, 2011, p. 1, at http://www.dhs.gov/xlibrary/assets/
presidential-policy-directive-8-national-preparedness.pdf.
8
P.L. 109-295, 6 U.S.C. §741- 764, 120 STAT. 1424-1433.
9
The White House, Presidential Policy Directive/PPD-8, March 30, 2011, p. 3, athttp://www.dhs.gov/xlibrary/assets/
presidential-policy-directive-8-national-preparedness.pdf.
10
Ibid, p. 3.
11
These descriptions should not be viewed as definitive. Some of the planning frameworks are being updated or still in
draft form. They could conceivably change in form or content before being implemented.

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information sharing, surveillance, providing public information and warnings, as well as other
elements that help the federal government identify, discover, or locate terrorist threats.12

National Protection Framework


The National Protection Framework, upon issue, would assign roles and responsibilities and
coordinate agencies on a wide range of emergency management and homeland security areas,
encompassing cyber security, border security, transportation security, and agriculture and food
security, among others. In addition, the working draft of the National Protection Framework
proposes the use of academic and research centers to develop new protection technologies and
establish protection-related curricula and degree programs.13

National Mitigation Framework


The National Mitigation Framework, upon issue, would address capabilities that reduce the loss
of life and property by lessening the impact of disasters.14 The National Mitigation Framework is
distinct from the other planning frameworks because most mitigation activities take place at the
local level, the role of the federal government in the National Mitigation Framework is not as
prominent as with the other planning frameworks.15

National Response Framework


Issued in January 2008, the National Response Framework (NRF) is the successor of two
previous response documents, the Federal Response Plan, which was thought to be too narrow in
scope, and the National Response Plan, which was found to be problematic for a variety of
reasons, including unclear designations and confusing language and jargon.16 The NRF guides the
federal response to natural and human-caused incidents. However, the NRF is not an “operational
plan.” Rather, it articulates the overarching emergency management principles used to coordinate
and conduct a multi-agency and multijurisdictional response to all types of incidents. The NRF is
executed through the use of three supplemental annexes consisting of the (1) Emergency Support
Functions Annex, (2) Support Annexes, and (3) Incident Annexes.

Emergency Support Functions Annexes


There are 15 Emergency Support Function (ESF) Annexes. ESFs group federal departments and
agencies by matching their resources and capabilities with a particular incident.17 For example,
federal entities with a role in responding to an oil spill are listed in ESF #10—the Oil and

12
Federal Emergency Management Agency, Presidential Policy Directive 8: National Preparedness: Working Drafts
of the National Planning Frameworks - Prevention Framework, p. 9.
13
Ibid., p. 10.
14
Ibid., p. 1.
15
Ibid, p. 12.
16
For further information on the NRF see CRS Report RL34758, The National Response Framework: Overview and
Possible Issues for Congress, by Bruce R. Lindsay.
17
U.S. Federal Emergency Management Agency, ESF Annexes Introduction, January 2008, at http://www.fema.gov/
pdf/emergency/nrf/nrf-esf-intro.pdf.

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Hazardous Materials Response Annex. ESFs also designate which federal entities have
management oversight reasonability and which entities have a support role.

Support Annexes
There are eight Support Annexes that group federal, state, local, private sector, and
nongovernmental organizations that execute functional processes and administrative functions.
The Support Annexes also designate roles and responsibilities.18

Incident Annexes
There are eight Incident Annexes that explain the authorities and policies relevant to a particular
incident, describe the incident situation, and make planning assumptions for the incident. An
Incident Annex also identifies the “coordinating and cooperating” agencies involved with
response to the incident.19

National Disaster Recovery Framework


Issued in September 2011, the National Disaster Recovery Framework (NDRF) coordinates and
assigns roles and responsibilities to entities involved in disaster recovery. The focus of the NDRF
is to “restore, redevelop and revitalize the health, social, economic, natural and environmental”
aspects of disaster-impacted states and local jurisdictions.20 The NDRF has six Recovery Support
Functions (RSF): (1) Community Planning and Capacity Building, (2) Economic, (3) Health and
Social Services, (4) Housing, (5) Infrastructure Systems, and (6) Natural and Cultural Resources.

Federal Assistance Through Stafford Declarations


The system of emergency management in the United States is scalable. This means that local
governments request assistance from the state if responding or recovering from the incident is
beyond their capacity. In cases when a state is overwhelmed by the incident, the state governor
may elect to request assistance from the federal government.

Scalability makes emergency management response more practical, but it also contains a political
element because it is embedded within the federalist system of governance aimed at the
preservation of state autonomy. The state-initiated request may also alleviate concern that the
federal government might assume leadership of response and recovery operations. The Robert T.
Stafford Disaster Relief and Emergency Assistance Act (hereinafter the Stafford Act)21 does
provide the President authority to issue an emergency declaration in the absence of a

18
U.S. Federal Emergency Management Agency, Support Annexes: Introduction, January 2008, at
http://www.fema.gov/pdf/emergency/nrf/nrf-support-intro.pdf.
19
U.S. Federal Emergency Management Agency, Incident Annexes Introduction: National Response Plan, December
2004, pp. INC-i, at http://www.learningservices.us/pdf/emergency/nrf/nrp_incidentannexintroduction.pdf.
20
Federal Emergency Management Agency, National Disaster Recovery Framework: Strengthening Disaster Recovery
for the Nation, September 2011, p. 1,at http://www.fema.gov/pdf/recoveryframework/ndrf.pdf.
21
Codified at 42 U.S.C. §5121 et seq. For further analysis on the Stafford Act see CRS Report RL33053, Federal
Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding, by Francis X. McCarthy.

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gubernatorial request if the President determines the incident involves a subject area under the
Constitution or laws of the United States, in which the United States exercises preeminent
responsibility and authority of the incident.22 Such cases, however, are rare. The majority of
federal disaster assistance is released only after a presidential declaration is issued in response to
a gubernatorial request for federal assistance.

The Stafford Act authorizes federal assistance through three types of declarations: (1) major
disaster declarations, (2) emergency declarations, and (3) Fire Management Assistance Grant
declarations (FMAG).23 However, FMAG declarations are typically declared through the Federal
Emergency Management Agency (FEMA) Regional Director.24 Emergency and major disaster
declarations can only be issued by the President. Each of these declarations are described in more
detail in the following sections.

Major Disaster Declarations


The Stafford Act defines a major disaster as:

any natural catastrophe (including any hurricane, tornado, storm, high water, wind-driven
water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or
drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United
States, which in the determination of the President causes damage of sufficient severity and
magnitude to warrant major disaster assistance under this chapter to supplement the efforts
and available resources of states, local governments, and disaster relief organizations in
alleviating the damage, loss, hardship, or suffering caused thereby.25

When a governor submits a request for major disaster declaration FEMA meets with state
representatives to develop preliminary damage assessments. In general, FEMA will make a
recommendation to the President to declare a major disaster if the state’s preliminary damage
assessment exceeds certain thresholds established in regulation.26 The President in turn may or
may not act on the recommendation.

Assistance Provided Under Major Disaster Declarations


Under the Stafford Act three main types of assistance can be provided and administered through
FEMA when the President issues a major disaster declaration: (1) the Public Assistance (PA)
Grant Program, (2) the Individual Assistance (IA) program, and (3) the Hazard Mitigation Grant
Program (HMGP). Under the Stafford Act, the President may issue a major disaster declaration

22
P.L. 93-288, 42 U.S.C. §5191(b). The President is required to consult with the state governor when practical.
Examples of these declarations include the April 19, 1995, bombing of the Alfred P. Murrah Building in Oklahoma
City, and the September 11, 2001, attack on the Pentagon in Virginia.
23
For further analysis on emergency and disaster declarations see CRS Report RL34146, FEMA’s Disaster Declaration
Process: A Primer, by Francis X. McCarthy, and CRS Report R41981, Congressional Primer on Major Disasters and
Emergencies, by Francis X. McCarthy and Jared T. Brown.
24
There are ten FEMA regions in the United States (including the U.S. territories). The authority to issue a FMAG
through the FEMA Regional Director is designed to make the issuance of a FMAG as quickly as possible.
25
P.L. 93-288, 42 U.S.C. §5122(2).
26
44 C.F.R. §206.48.

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that provides only PA if damage to dwellings is not severe enough to warrant IA, or if there is
sufficient damage, both PA and IA may be provided.

The PA program provides assistance to state and local governments, and certain nonprofit
organizations and includes emergency protective measures, debris removal, and the repair,
replacement, or restoration of eligible facilities.27 Hazard mitigation measures during the recovery
process are also provided under the PA program. However, not all of the entities affected by the
incident are eligible for assistance—aid is only provided to entities that have been determined by
FEMA officials to be in need of the assistance. There is no cap to the amount of assistance that
can be provided through the PA program.

The IA program is also limited to those deemed to be in need of assistance by FEMA officials. IA
assistance includes temporary housing, disaster unemployment, legal services, crisis counseling
and other needs assistance (e.g., disaster-related medical, dental, and burial costs), and the repair
and replacement of uninsured damages to a home. At the time of this writing, the maximum grant
amount available to an individual household is roughly $31,400.28

HMGP provides grants to states in which major disasters have been declared. These funds must
be used for activities that prevent future disasters or reduce their impact if they cannot be
prevented. The Post-Katrina Act29 adjusted the percentage amounts for HMGP awards by
establishing a scale that authorizes a higher percentage (15% of the total Stafford Act assistance
in a state) for major disasters in which no more than $2 billion is provided, 10% for assistance
that ranges from more than $2 billion to $10 billion, and 7.5% for major disasters that involve
Stafford Act assistance of more than $10 billion to $35.3 billion.30

Emergency Declarations31
The Stafford Act defines an emergency as:

any occasion or instance for which, in the determination of the President, federal assistance is
needed to supplement State and local efforts and capabilities to save lives and to protect property
and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the
32
United States.

As with disaster declarations, FEMA generally meets with state representatives to make a
recommendation to the President on whether to issue an emergency declaration. However,
unlike major disasters, a per capita formula to assess the magnitude of the disaster’s costs is
not used for the recommendation.

27
For more detail see the complete Public Assistance Policy Reference Manual at http://www.fema.gov/pdf/
government/grant/pa/policy.pdf. Private businesses are not eligible for PA.
28
The maximum amount is been modified to reflect inflationary change.
29
Title VI of P.L. 109-295, the FY2007 DHS appropriations legislation.
30
P.L. 109-295, §684, Stafford Act amended §404, 120 Stat. 1447.
31
Emergency declarations are different from a “state of emergency.” A state of emergency is generally issued by the
state governor and varies from state to state. States of emergency usually trigger the activation or notification of certain
entities at the state level to respond to a threat or incident.
32
P.L. 93-288, 42 U.S.C. §5122(1).

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Assistance Provided Under Emergency Declarations


Emergency declarations authorize activities that can help states and localities carry out essential
services and activities that may reduce future damage. As such, emergency declarations may be
declared before an incident occurs to save lives and lessen the impact of the incident. For
example, emergency declarations have been declared prior to a hurricane making landfall to help
state and local governments conduct evacuations and pre-position resources.33 The types of
assistance provided after an emergency declaration is declared include debris removal,
distribution of food and medicine, and technical advisory assistance to state and local
governments.

Emergency declarations do not provide assistance for repairs and replacement of public
infrastructure or nonprofit facilities, nor do they provide assistance to individuals and households.

Fire Management Assistance Grant Declarations


Section 420 of the Stafford Act authorizes various forms of federal assistance, such as equipment,
personnel, and grants to any state or local government for the control, management and mitigation
of any fire on public or private forest land or grassland that might become a major disaster.34

FEMA meets with state representatives when a governor submits a request for a FMAG, but does
not use a per capita formula to assess the magnitude of the fire’s costs when making
recommendations whether to issue a FMAG declaration.

Assistance Provided under Fire Management Assistance Grants


Section 420(c) authorizes the President to provide essential assistance under Section 403 of the
Stafford Act.35 Essential assistance includes the distribution of medicine, medical equipment, and
food through local governments, and disaster assistance organizations such as the National Red
Cross and the Salvation Army. Essential assistance also includes debris removal, search and
rescue, emergency mass care and shelter, clearance of roads and temporary structures such as
bridges and facilities for schools, and other services deemed essential to the community. Other
essential assistance includes warnings, and the dissemination of public information. FMAG does
not provide long term assistance to individuals and households.

Cost-Shares
Under the Stafford Act, the costs of response and recovery efforts are usually split between the
state and the federal government. The Stafford Act contains language detailing the amount the
federal government must pay to the state for eligible repairs, restoration projects, and

33
Recent examples of pre-event declarations include emergency declarations prior to Hurricanes Katrina, Rita, and
Gustav making landfall (emergency declarations 3212, 3260, and 3290 respectively).
34
P.L. 93-288, 42 U.S.C. §5187(a).
35
P.L. 93-288, 42 U.S.C. §5170b.

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replacements of damaged facilities. The formula is called a “cost-share” and the Stafford Act
provides that the federal share “shall be not less than 75 percent.”36

The cost-share can be adjusted to reduce, but not increase, the state share. The reduced state share
is known as a cost-share waiver. In most cases, waivers are adjusted according to FEMA
regulatory authority and carried out by the executive branch through administrative actions based
on per capita preliminary damage estimates.37 Additionally, since 1997, and particularly in the
wake of concerns raised about state capacity to meet their cost-shares following the Gulf Coast
storms of 2005, Congress has begun to exercise its authority to adjust cost-shares.38

Disaster Relief Fund


The majority of assistance provided under the Stafford Act is paid out of FEMA’s Disaster Relief
Fund (DRF).39 The DRF is a no-year account40 used to fund response activities and pay for
ongoing recovery programs. The DRF is also used to reimburse Mission Assignments (discussed
in the next section) to other federal agencies. Current budgetary practice generally consists of
funding the DRF through regular appropriations acts and then providing additional funding
through supplemental appropriations when the account is deemed to be at risk of running out of
funding. When the DRF balance becomes low, FEMA generally initiates a spending freeze on
long-term recovery projects (primarily PA and HMGP projects), to save DRF funds to meet
immediate, life-threatening needs. This policy remains in effect until the DRF is replenished with
a new appropriation.41

The DRF balance is not a criterion used by FEMA to recommend a major disaster declaration, nor
does the President use the available balance to determine whether to issue a major disaster
declaration.

Closeout
The termination of Stafford Act recovery projects are not subject to strict deadlines.42 The
requirements to “close out” a major disaster are established in 44 C.F.R. 13.50. In general, PA and

36
42 U.S.C. 5172(b).
37
Per 44 CFR §206.47, a state must have accumulated more than $125 in damages per capita within the state to reach a
traditional cost-share waiver. The cost-share cannot be waived administratively for all federal Stafford Act disaster
assistance programs. For example, the Hazard Mitigation Grant Program and the Other Needs Assistance program
would require a statutory waiver of the existing statutory cost-share.
38
For further analysis on cost-shares see CRS Report R41101, FEMA Disaster Cost-Shares: Evolution and Analysis,
by Francis X. McCarthy.
39
For further analysis on the DRF see CRS Report R40708, Disaster Relief Funding and Emergency Supplemental
Appropriations, by Bruce R. Lindsay and Justin Murray.
40
While most appropriations expire after a set period of time, no-year appropriations are available until expended. This
is helpful in disaster recovery since infrastructure repair and mitigation projects can stretch out over several years.
41
P.L. 112-25, the Budget Control Act of 2011 (hereafter the BCA) provides a mechanism designed, arguably, to limit
spending on major disasters declared under the Stafford Act. For further analysis of disaster relief under the BCA see
CRS Report R42352, An Examination of Federal Disaster Relief Under the Budget Control Act, by Bruce R. Lindsay,
William L. Painter, and Francis X. McCarthy.
42
Applications for assistance are subject to deadlines. While some assistance has suggested end dates, the President has
(continued...)

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Federal Emergency Management: An Introduction

HMGP projects take the longest to complete. Typically, major infrastructure projects take years to
complete. Both the PA and HMPG have a common closeout sequence:

• Individual projects are managed by applicants and each project is separately


closed by FEMA and the state when all of the costs associated with the project
have been reconciled with supporting documentation.
• Disasters and emergencies are closed when all of the applicant’s projects are
closed and the applicant’s administrative allowance expenses have been
reconciled to supporting documentation.
• When all of the disaster’s applicants are closed, the program can be closed.
Programs are closed when the state’s administrative costs have been reconciled
with supporting documentation.
• When all programs within a disaster are closed, the disaster can be closed.43
Funding for recovery projects and activities carried out by federal agencies through Mission
Assignments that are completed under budget is returned to the DRF. The state can make an
appeal if they believe the project requires additional federal funding to be completed.44

Other Types of Federal Declarations


In some cases a major disaster declaration issued under the Stafford Act will trigger certain
federal programs outside of FEMA. For instance, in certain circumstances a major disaster
declaration will also trigger the Small Business Administration (SBA) disaster loan program.
However, several federal departments and agencies have authorities to respond and declare
certain types of disasters and emergencies separate from the Stafford Act. As with the above SBA
example, these authorities may be exercised concurrently, or independently of FEMA. They may
also be part of a response coordinated by the Secretary of Homeland Security under Homeland
Presidential Directive-5. As mentioned previously, these authorities and responsibilities are
carried out within the construct set forth in the National Response Framework (NRF), or under
supplementary (known as “Annexes”), or complementary operational plans.

Table 1 provides brief examples of other federal agencies and departments with separate
authorities to respond to and declare certain types of disasters.

(...continued)
discretion to extend the deadline (e.g., temporary housing).
43
Richard L. Skinner, Opportunities to Improve FEMA’s Disaster Closeout Process, U.S. Department of Homeland
Security Office of Inspector General, OIG-10-49, Washington, DC, January 27, 2010, p. 4, at http://www.oig.dhs.gov/
assets/Mgmt/OIG_10-49_Feb10.pdf.
44
See Federal Emergency Management Agency, Program Management and Grant Closeout: Standard Operating
Procedure, p. 30, at http://www.fema.gov/pdf/government/grant/pa/9570_14.pdf.

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Table 1. Other Types of Federal Declarations


Scenario Department/Agency Authorities

Agriculture and Food U.S. Department of Agriculture The Secretary of Agriculture has the
authority to declare an extraordinary
emergency and take action due to the
presence of a pest or disease of
livestock that threatens livestock in the
United States (7 U.S. Code § 8306
[2007]).
The Secretary of Agriculture also has
the authority to declare an
extraordinary emergency and take
action due to the presence of a plant
pest or noxious weed whose presence
threatens plants or plant products of
the United States (7 U.S. Code § 7715
[2007]).
Public Health Emergency Department of Health and Human The Secretary of the Department of
Services Health and Human Services has the
authority to take actions to protect the
public health and welfare, declare a
public health emergency and to prepare
for and respond to public health
emergencies. (Public Health Service
Act, 42 U.S.C. § 201, et seq. [2007]).
Oil and Hazardous Materials Spills Environmental Protection Agency in The EPA Administrator or
the inland zone, or U.S. Coast Guard Commandant of the USCG may classify
in the coastal zone an oil discharge as a as a Spill of
National Significance. This designation
allows for the appointment of a
National Incident Commander.
However, such designation does not
provide additional funding or authority,
nor does it alter response procedures.
(40 CFR Part 300 [2006]).
Home and Business Disaster Small Business Administration The Administrator of the Small Business
Loans Administration has the authority to
provide home and business, and
economic injury disaster loans in
response to a gubernatorial request,
the determination of a natural disaster
by the Secretary of Agriculture, or
based on the determination of the
Secretary of Commerce that a fishery
resource disaster or commercial fishery
failure has occurred (P.L. 85-536,
Section 7(b) 72 Stat. 387, as amended).

Source: Derived in part from exhibit 3 of Federal Emergency Management Agency/U.S. Department of
Homeland Security, Presidential Policy Directive/PPD-8, Working Draft—National Response Framework, p. 17, at
http://www.fema.gov/library/viewRecord.do?fromSearch=fromsearch&id=5450.

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Federal Emergency Management: An Introduction

Federal to Federal Support


Federal agencies and departments with responsibilities for handling incidents may work in
conjunction with other federal entities when the scope of the work is beyond their normal
operations. Federal to federal support under the Stafford Act is generally carried out through
“Mission Assignments” while non-Stafford incidents, such as the ones described in Table 1, are
carried out through other mechanisms such as interagency agreements and mutual aid
agreements.

Stafford Act Incidents and Mission Assignments


Even when an emergency or major disaster is declared, FEMA does not exclusively perform all
disaster response and recovery operations for the federal government. The President has the
authority to direct any federal agency to use its authorities and resources in support of state and
local response and recovery efforts under sections 402, 403, and 502 of the Stafford Act. In
general, when an emergency or major disaster declaration is declared FEMA coordinates federal
entities and organizations that are involved in the incident by “assigning” missions to relevant
agencies to address a state’s request for federal assistance or support overall federal operations
pursuant to, or in anticipation of a Stafford Act declaration. The activities carried out by other
agencies through Mission Assignments are generally reimbursed by FEMA through the DRF.45
For example, FEMA may request the Department of Health and Human Services to establish and
operate a shelter collocated with a federal medical station to support non-medical care givers and
family members accompanying patients being treated at the station.

Non-Stafford Act Incidents


Federal agencies and departments that respond to incidents under the NRF may request and
provide federal to federal support by executing interagency, intra-agency, or mutual aid
agreements in accordance with applicable authorities.

Other Key Federal Laws and Policies


A number of statutory laws and policies supplement the Stafford Act. These statutes and policies
organize and define the federal role in emergency preparedness, mitigation, response, and disaster
relief. The following sections highlight some of these key laws and policies.46

Disaster Mitigation Act of 2000


P.L. 106-390, the Disaster Mitigation Act of 2000, amended the Stafford Act to authorize the
President to establish a program of technical and financial assistance to states and local

45
Funds from the DRF are not available for activities undertaken under other authorities or agency missions, or for
non-Stafford Act incidents requiring a coordinated federal response.
46
The Public Health Service Act is discussed in the Department of Health and Human Services section of this report.
See also Table 1. The Small Business Act is discussed in Table 1.

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Federal Emergency Management: An Introduction

governments to assist in the implementation of pre-disaster hazard mitigation measures that are
cost-effective and are designed to reduce injuries, loss of life, and property damage and
destruction, including damage to critical services and facilities under the jurisdiction of the states
or local governments.

The Disaster Mitigation Act of 2000 also established the National Predisaster Mitigation Fund
and authorized the President to provide technical and financial assistance to each state and local
government that has identified all natural disaster hazards in its jurisdiction and has demonstrated
its ability to form effective public-private disaster hazard mitigation partnerships.

Post Katrina Emergency Management Reform Act


A wide range of reforms in federal emergency management were made in response to the 2005
hurricane season. Most of those reforms were included in Title VI of the DHS appropriations
legislation for FY2007, the Post Katrina Emergency Management and Reform Act of 2006
(hereinafter the Post Katrina Act).47

The Post Katrina Act established new leadership positions and position requirements within
FEMA, brought new missions into FEMA and restored some that had previously been removed.
The Post Katrina Act also enhanced the agency’s authority by directing the FEMA Administrator
to undertake a broad range of activities before and after disasters occur. The Post Katrina Act
contains provisions that set out new law, and amended the Stafford Act and the Homeland
Security Act (hereinafter HSA).48

Among the provisions set forth by the Post Katrina Act were certain preparedness requirements.
For example, the President was authorized to establish a national preparedness goal and national
preparedness system, and to complete, revise, and update (as necessary) the goal to ensure the
nation’s ability to prevent, respond to, recover from, and mitigate against disasters of all kinds,
including acts of terrorism.49 The goal must be consistent with NIMS and the National Response
Plan (now the NRF).50

The Post Katrina Act also established reporting requirements intended to ensure that Congress
receives information on the implementation of specified new policies, including those directed at
ensuring that a qualified workforce exists, and guidelines for enhanced aid to individuals and
families are developed.51 Other provisions included oversight and accountability measures to
audit expenditures and develop and maintain internal management controls to detect and
eliminate fraud, waste, and abuse.

Homeland Security Presidential Directives


In response to the September 11th terrorist attacks, President Bush signed a number of Homeland
Security Presidential Directives (HSPD) that have influenced federal emergency management
47
P.L. 109-295.
48
P.L. 107-296, 116 Stat. 2140-2321, as amended, 6 U.S.C. 101 et seq.
49
P.L. 109-295, §§ 642 and 643, 120 STAT. 1425.
50
P.L. 109-295, § 643(b) 120 STAT. 1425.
51
P.L. 109-295, §§ 642 and 643, 120 STAT. 1425.

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Federal Emergency Management: An Introduction

policies.52 Key among these are HSPD-8 (see “The Framework Approach”) signed on December
17, 2003, and HSPD-5 signed on February 28, 2003. The purpose of HSPD-5 is to enhance the
ability of the United States to manage domestic incidents by establishing a single, comprehensive
national incident management system. HSPD-5 mandated the DHS Secretary to develop a
national response plan, and a concept of operations that would incorporate all levels of
government within a single unifying framework to manage domestic incidents through the
implementation of NIMS. Under HSPD-5, all federal agencies are required to adopt NIMS.

Homeland Security Act


On November 25, 2002, President Bush signed into law the Homeland Security Act of 2002
(hereinafter HSA).53 HSA authorized the reorganization of various federal agencies and
established the Department of Homeland Security (DHS). In addition to the creation of DHS,
HSA made several changes to existing federal programs and created new ones. Most of these
changes were related to terrorism. However, others had an influence on emergency management.
Section 501 of Title V established in DHS the Directorate of Directorate of Emergency
Preparedness and Response. Section 502 makes the DHS Secretary responsible for helping to
ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and
other emergencies, aiding recovery from terrorist attacks and major disasters, consolidating
existing federal government emergency response plans into a single, coordinated national
response plan, and developing comprehensive programs for developing interoperative
communications technology and helping to ensure that emergency response providers acquire
such technology.

National Oil and Hazardous Substances Pollution Contingency


Plan54
The National Oil and Hazardous Substances Pollution Contingency Plan, commonly referred to
as the National Contingency Plan (NCP) for short, is the federal government’s principal plan for
responding to oil spills and releases of hazardous substances.55 It provides the framework for
coordinating the federal, state, and local roles in responding to such incidents and notifying the
relevant agencies. The procedures of the NCP are codified in federal regulation and are binding
and enforceable.56 In contrast, most federal emergency response plans are only administrative
frameworks internal to the federal government for guiding agency roles and responsibilities,
making the NCP somewhat unique in this respect among federal emergency response plans.

Three federal laws authorized the development of the regulations that are embodied in the NCP.
The first two, the Oil Pollution Act (OPA) and Section 311 of the Clean Water Act, authorize

52
See U.S. Congress, House Committee on Homeland Security, Compilation of Homeland Security Directives (HSPD),
Updated through December 31, 2007), 110th Cong., 2nd sess., December 31, 2007, Committee Print110–B
(Washington: GPO, 2008).
53
P.L. 107-296.
54
This section was authored by David M. Bearden, Specialist in Environmental Policy, Resources, Science, and
Industry Division.
55
The NCP also applies to releases of pollutant or contaminants that may present an imminent and substantial danger to
public health or welfare.
56
40 C.F.R. Part 300.

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Federal Emergency Management: An Introduction

federal emergency response to oil spills into U.S. waters, onto adjoining shorelines, or that may
affect natural resources under the jurisdiction of the United States.57 The third law, the
Comprehensive, Environmental Response, Compensation, and Liability Act (CERCLA,
commonly referred to as Superfund) authorizes federal emergency response to releases of
hazardous substances into the environment.58 The term “environment” includes surface and
subsurface lands, surface waters, groundwater, and ambient air, making the response authorities
for hazardous substances broader in terms of their physical reach than that for oil spills. Other
response authorities apply to oil released under certain circumstances not covered by the NCP.59

The President’s response authorities under these three laws are delegated by executive order to
the Environmental Protection Agency (EPA) in the inland zone and to the U.S. Coast Guard in the
coastal zone.60 The inland zone is the environment inland of the coastal zone, excluding the Great
Lakes and specified ports and harbors on inland rivers which are part of the coastal zone.61 The
above laws also directed the President to develop the regulations of the NCP to establish
procedures for carrying out response actions. Consistent with the executive orders, the NCP
designates EPA and the U.S. Coast Guard as the lead federal agencies within their respective
zones, and outlines the roles of other supporting federal agencies and state and local governments
that may participate in a federal response. State and local officials often act as the “first
responders” under the NCP to initiate measures to protect public safety.62

Two dedicated trust funds finance the costs of federal response actions carried out under the
NCP.63 The U.S. Coast Guard administers the Oil Spill Liability Trust Fund to finance the costs of
responding to oil spills. EPA administers the Hazardous Substance Superfund Trust Fund to
finance the costs of responding to releases of hazardous substances. The federal government may
recover its response costs from the responsible parties, which are to be deposited back into the
respective trust fund to finance future response actions. The responsible parties also may use their
own funds to carry out response actions under federal oversight. If the responsible parties cannot
be found or cannot pay, federal response costs ultimately are borne by the taxpayer.64

57
33 U.S.C. § 2701 et. seq, and 33 U.S.C. § 1321, respectively. For further discussion of the authorities of OPA and
Section 311 of the Clean Water Act, see CRS Report RL33705, Oil Spills in U.S. Coastal Waters: Background and
Governance, by Jonathan L. Ramseur.
58
42 U.S.C. § 9601 et. seq. For further discussion of the authorities of CERCLA, see CRS Report R41039,
Comprehensive Environmental Response, Compensation, and Liability Act: A Summary of Superfund Cleanup
Authorities and Related Provisions of the Act, by David M. Bearden.
59
Subtitle I of the Solid Waste Disposal Act addresses petroleum leaked from underground storage tanks. This role is
performed mainly by the states under cooperative agreements with EPA.
60
Executive Order 12580 delegated the President’s authorities under CERCLA, and Executive Order 12777 delegated
the President’s authorities under OPA and Section 311 of the Clean Water Act. Executive Order 13286 amended these
executive orders to reflect the transfer of the U.S. Coast Guard from the Department of Transportation to the
Department of Homeland Security in 2003.
61
40 C.F.R. § 300.5.
62
40 C.F.R. § 300.180(f).
63
Response costs for incidents occurring on federal facilities or vessels are funded with separate appropriations to the
agencies with administrative jurisdiction over those facilities or vessels.
64
Currently, the vast majority of the revenues for the Oil Spill Liability Trust Fund are derived from a dedicated eight
cents per-barrel tax on domestic and imported oil. The tax is scheduled to terminate at the end of 2017. The Hazardous
Substance Superfund Trust Fund is financed mostly with revenues transferred from the General Fund of the U.S.
Treasury, since the taxes on domestic and imported oil, chemical feedstocks, and corporate income that once financed
this trust fund expired at the end of 1995.

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Federal Emergency Management: An Introduction

Once an emergency response is complete, the NCP also governs any long-term remediation of
environmental contamination that may be needed. Long-term remediation may continue for
several years, even decades in some cases, depending on the nature and extent of the
contamination. For example, the remediation of contamination in groundwater typically is a
lengthy and technically complex process lasting multiple years. In some cases, the federal
response also may entail the long-term restoration of natural resources affected by an oil spill or a
release of a hazardous substance.

Although the NCP is most often used as a stand-alone authority, the Secretary of Homeland
Security may invoke the NCP under the National Response Framework in situations that may
warrant coordination with other federal response plans. Such situations may include a major
disaster or emergency declared under the Stafford Act, and other multi-faceted incidents. ESF#10
of the National Response Framework—Oil and Hazardous Materials Annex—applies the NCP as
the operative federal response plan for incidents involving an oil spill or a release of “hazardous
materials” (i.e., hazardous substances, as termed in the NCP). Regardless of whether the NCP is
applied as a stand-alone authority or through the structure of the National Response Framework,
the procedures for responding to an oil spill or a release of a hazardous substance are the same
because the NCP remains the operative federal response plan in either instance.

Key Federal Assistance for Disaster Response and


Recovery
As mentioned earlier in this report, while the majority of emergency and disaster assistance is
coordinated and provided by FEMA, other federal agencies provide assistance under authorities
in conjunction with the Stafford Act declaration or through separate authorities. Several of these
agencies are able to provide assistance without a presidential declaration. The concluding section
highlights of some of the key agencies that provide emergency and disaster assistance to states
and localities including a brief description of the work performed by each agency.

National Guard65
The National Guard is both a state and federal organization: it is simultaneously the organized
militia of a state or territory and a reserve component of the Army and the Air Force. Due to its
size (over 450,000 individuals), trained personnel, and available equipment, it is frequently used
for emergency response. Normally, the National Guard operates in a state status, under the control
of state and territorial governors, who can order National Guard personnel to perform full-time
“state active duty” in response to disasters and civil disorders. In this state capacity, National
Guard personnel are not subject to the restrictions of the Posse Comitatus Act (that is, they can
perform law enforcement functions).

The National Guard can also be activated under the authority of 32 U.S.C. 502(f). This provision
of federal law provides that “a member of the National Guard may ... without his consent, but
with the pay and allowances provided by law ... be ordered to perform training or other duty in

65
This section was authored by Lawrence Kapp, Specialist in Military Manpower Policy, Foreign Affairs, Defense, and
Trade Division.

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Federal Emergency Management: An Introduction

addition to [inactive duty for training or annual training].” The advantage of using this authority
is that the National Guard personnel called will receive federal pay and benefits and are entitled
to certain legal protections as though they were in federal service, but they remain under the
control of their state or territorial governor and are therefore not subject to the restrictions of the
Posse Comitatus Act. Such activation can only occur with the approval of the Department of
Defense.66

Finally, the National Guard can be activated in a purely federal status. When federally activated,
National Guard personnel operate under the control of the President, receive federal pay and
benefits and are subject to the Posse Comitatus Act.67

Department of Agriculture68
The U.S. Department of Agriculture (USDA) has several agencies that provide emergency and
disaster assistance, including the Farm Service Agency, the Natural Resources Conservation
Service, and Rural Development. The majority of USDA assistance does not require a Stafford
declaration. Rather, depending on the program, decisions regarding assistance are typically made
by the Secretary (e.g., emergency loans). Assistance may also be provided to participating
producers under standing programs (e.g., federally subsidized crop insurance).

Assistance for agricultural producers includes emergency loans, direct payments under the
noninsured crop disaster program, and crop insurance.69 Disaster assistance is also provided for
impairments to watersheds, including debris removal from stream channels, road culverts, and
bridges, repairing levees, reseeding damaged areas, and purchasing floodplain easements. Private
land assistance includes repairs to damaged farmland and re-establishment of forest land.70
Community assistance is also available in the form of housing disaster loans and grants,
moratorium on loan payments, loan servicing assistance for essential community facilities, and
emergency community water assistance grants.71

66
See the section on Department of Defense for further information on this topic.
67
For further analysis on the use of Reserve Personnel see also CRS Report RL30802, Reserve Component Personnel
Issues: Questions and Answers, by Lawrence Kapp.
68
This section was authored by Dennis Shields, Specialist in Agricultural Policy; Megan Stubbs, Specialist in
Agricultural Conservation and Natural Resources Policy; and Tadlock Cowan, Analyst in Natural Resources and Rural
Development, Resources, Science and Industry Division.
69
For more information, see CRS Report RS21212, Agricultural Disaster Assistance, by Dennis A. Shields. For a
summary of USDA Farm Service agency disaster programs, see http://www.fsa.usda.gov/Internet/FSA_File/
emerfsaprograms.pdf. For information on crop insurance, see CRS Report R40532, Federal Crop Insurance:
Background and Issues, by Dennis A. Shields.
70
See CRS Report R40763, Agricultural Conservation: A Guide to Programs, by Megan Stubbs for information on
watershed assistance (p. 14) and private land assistance (p.13). See CRS Report RL31065, Forestry Assistance
Programs, by Megan Stubbs, for information on forestry programs (p. 17).
71
For information on Rural Development programs, see http://www.rurdev.usda.gov/rd/disasters/disassistance.html and
CRS Report RL31837, An Overview of USDA Rural Development Programs, by Tadlock Cowan (p.31).

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Department of Defense72
The role of the Department of Defense (DoD) and its components in supporting domestic
response efforts is potentially significant. DoD has a broad range of capabilities that could be
useful to civil authorities in emergency situations, including transportation assets, medical
personnel and supplies, security forces, and communications equipment. However, the extent of
the support DoD can provide is limited by the need to conduct its principal mission of national
defense. The two principal ways in which DoD can provide defense support of civil authorities
(DSCA) are by way of an “immediate response,” or in response to a formal “request for
assistance” (RFA). Additionally, as part of a proactive federal response, DoD could preposition
assets in anticipation of a request.

Immediate Response
Certain defense officials can provide DSCA in a limited manner using “immediate response”
authority. Immediate response authority enables local military commanders and certain DoD
civilians to act immediately to “save lives, prevent human suffering, or mitigate great property
damage within the United States” when they receive a request for assistance from a civil authority
under conditions that are “imminently serious” and when time “does not permit approval from
higher authority.”73 Assistance provided under this authority might include providing medical
care, restoring critical public services, and distributing food and other supplies. However,
commanders using this authority are obligated to seek approval or authorization through their
chain of command as soon as possible.

Requests for Assistance


The Department of Defense may also provide support in response to a “request for assistance”
from state, local, or tribal entities, or from another federal agency.74 The Secretary of Defense has
the principal authority for approving DSCA requests and retains control of all DoD assets
provided. The forces provided in response to an RFA could include units from multiple military
services and could include activated members of the National Guard and Reserve. Members of
the federal reserves75 are always activated after a request for assistance under Title 10 of the U.S.
Code. Therefore when acting in a federal capacity, the National Guard operates under the control
of the President, receives federal pay and benefits, and is subject to the Posse Comitatus Act in
the same manner as active duty military personnel. National Guard forces remain under the
control of their respective governors unless ordered into federal service (see the previous section
on the National Guard). There are a number of statutory authorities which can be used to activate

72
This section was authored by Lawrence Kapp, Specialist in Military Manpower Policy, Foreign Affairs, Defense, and
Trade Division.
73
Department of Defense, Department of Defense Directive 3025.18, “Defense Support of Civil Authorities,”
Washington, DC, December 29, 2010, para. 4.g., at http://www.dtic.mil/whs/directives/corres/pdf/302518p.pdf.
74
For a summary of how the Department of Defense handles requests for assistance, see Joint Publication 3-28, Civil
Support, September 14, 2007, pages II-3 to II-7, at http://www.dtic.mil/doctrine/new_pubs/jp3_28.pdf .
75
The Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve. The Coast Guard Reserve
normally operates under the control of the Secretary of Homeland Security.

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Federal Emergency Management: An Introduction

members of the National Guard and Reserve, although they all have constraints that could
potentially limit their utility in providing reserve forces for domestic response missions.76

Army Corps of Engineers77


Under its Civil Works Program, the U.S. Army Corps of Engineers (Corps) performs emergency
response actions to respond to flood and coastal emergencies, droughts, and other disasters.78 The
Corps also plans, builds, operates, and maintains a wide range of water resources facilities,
including hurricane protection and flood damage reduction projects.

The Stafford Act authorizes FEMA to direct the Department of Defense (DoD), which generally
works through the Corps, to provide assistance in the event of an emergency or major disaster.
The Corps provides assistance to monitor and stabilize damaged structures and demolish
structures designated as immediate hazards to public health and safety. Other forms of assistance
include technical assistance in clearing, removing, and disposing of contaminated and
uncontaminated debris from public property, and establishing ground and water routes into
affected areas.79

The Corps also has authorities specific to the type of natural disaster that has occurred. After a
flooding event, the Corps has the authority to rehabilitate certified flood control works (e.g.,
levees) and federally constructed hurricane or shore protection projects and to conduct related
inspections.80 In the case of drought emergencies, the Corps may allow for temporary water
withdrawal from reservoirs for municipal and industrial use, as well as the construction of wells
for transport of water to drought-distressed areas.81

76
The principal statutes for activating members of the reserve component are 10 USC § 12301(a), 12301(b), 12301(d),
12302, 12304, 12304a and 12304b. Each of these authorities contains constraints, including whether Congress, the
President, or the Service Secretary can invoke it; how many reservists can be activated; how long reservists can be
activated; the purposes for which the reservists may be used; and/or limitations on the activation of National Guard
forces. The authority most likely to be used in the event of a major disaster or emergency is the recently enacted 10
USC 12304a, which permits activation of members of the Army Reserve, Navy Reserve, Marine Corps Reserve and
Air Force Reserve for up to 120 days when a governor requests federal assistance in responding to a major disaster or
emergency. National Guard personnel can also be called into federal service under 10 USC § 331-333 and § 12406 for
certain purposes, including the suppression of insurrection against a state government, the enforcement of federal laws,
and the prevention of interference with state and federal laws, if that interference deprives a class of people of rights,
privileges, immunities, or protections named in the Constitution.
77
This section was authored by Charles Stern, Specialist in Natural Resources Policy, Resources, Science and Industry
Division.
78
The Corps is an agency within the Department of Defense with military and civilian missions. For more information
on Corps emergency authorities, see CRS Report R41243, Army Corps of Engineers Water Resource Projects:
Authorization and Appropriations, by Nicole T. Carter and Charles V. Stern.
79
Contaminated debris management is coordinated with the Environmental Protection Agency. See CRS Report
RL33477, Disaster Debris Removal After Hurricane Katrina: Status and Associated Issues, by Linda Luther.
80
This program is known as the Rehabilitation and Inspection Program. For more information, see CRS Report
R41752, Locally Operated Levees: Issues and Federal Programs , by Natalie Keegan et al.
81
33 U.S.C. 708 and 33 U.S.C. 701n. In the case of reservoir withdrawals, Administration policy limits application to
governor-declared drought emergencies and up to 99 acre-feet.

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Federal Emergency Management: An Introduction

Department of Health and Human Services82


The Department of Health and Human Services (HHS) provides grants to states and localities to
strengthen public health and medical system capacity in preparedness for health threats.83 Under
the NRF, the department serves as the primary agency for ESF #8 (Public Health and Medical
Services) to respond to the public health and medical consequences resulting from natural
disasters and human-caused incidents.

The Secretary of HHS has general authority under the Public Health Service Act to provide public
health assistance to states, upon their request, without a Stafford Act declaration. In addition, the
Secretary has authority to determine that a public health emergency exists.84 Pursuant to such a
determination, the Secretary may waive certain administrative requirements, provide additional
forms of assistance, and take certain other actions to expand federal aid to state and local
governments, not-for-profit entities, and others. In either case, however, the Secretary lacks a
dedicated funding mechanism for the provision of assistance.

Department of Housing of Housing and Urban Development85


The Department of Housing and Urban Development (HUD) may play a variety of roles in
disaster recovery. When the President declares a major disaster, HUD may offer waivers of
various program rules and regulations to allow communities to use their existing HUD program
funding and resources to meet needs arising from the disaster.86 In some years, Congress has
provided additional appropriations for these programs—particularly the Community
Development Block Grant (CDBG) program—to be used specifically for disaster assistance and
recovery. Similarly, in some years, Congress has provided HUD with funding to provide housing
vouchers to disaster displaced survivors, in conjunction with FEMA, or directed FEMA to
contract with HUD for the provision of such vouchers. HUD, through the Federal Housing
Administration (FHA), may also offer special mortgage insurance products to and special
forbearance for borrowers affected by major disasters.87

82
This section authored by Sarah A. Lister, Specialist in Public Health and Epidemiology, Domestic Social Policy
Division. For further analysis on public health and medical emergencies see CRS Report RL33579, The Public Health
and Medical Response to Disasters: Federal Authority and Funding, by Sarah A. Lister.
83
See HHS, Public Health and Emergency Preparedness cooperative agreements (a type of grant), at
http://www.cdc.gov/phpr/coopagreement.htm; and Hospital Preparedness Program, at http://www.phe.gov/
preparedness/planning/hpp/pages/default.aspx.
84
Public Health Service Act §319; 42 U.S.C. 247d.
85
This section authored by Maggie McCarty, Specialist in Housing Policy, Domestic Social Policy Division.
86
For example, communities may amend their community development plans and reprogram existing Community
Development Block Grant funds without prior HUD approval, citing the “urgent need” objectives of program.
87
For more information on the role of HUD in disaster response see CRS Report RS22358, The Role of HUD Housing
Programs in Response to Hurricane Katrina, by Maggie McCarty, Libby Perl, and Eugene Boyd; CRS Report
RL33078, The Role of HUD Housing Programs in Response to Past Disasters, by Maggie McCarty, Libby Perl, and
Bruce E. Foote; and CRS Report RL33330, Community Development Block Grant Funds in Disaster Relief and
Recovery, by Eugene Boyd.

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Federal Emergency Management: An Introduction

Community Development Block Grants


HUD’s Community Development Block Grant (CDBG) program provides formula grants to
eligible communities to use for a range of housing and community development activities. The
CDBG program has been used frequently by the federal government to respond to natural and
human-caused incidents. In general, Congress has provided increased flexibility and allocated
additional CDBG funds to affected communities and states to help them mitigate against, respond
to, and recover from presidentially declared disasters.88

Department of Transportation89
The U.S. Department of Transportation (DOT) works with FEMA to coordinate transportation
support to disaster stricken areas.90 DOT reports on damage to transportation infrastructure,
coordinates alternative transportation services, and coordinates the restoration and recovery of the
transportation infrastructure, as well as other emergency responses involving transportation.

DOT’s Federal Highway Administration’s (FHWA) Emergency Relief Program (ER) is the
Department’s disaster program for highways.91 The ER program is administered through the state
departments of transportation in close coordination with FHWA’s division offices.92 While ER is a
federal program, the decision to seek ER funding is made by the state rather than the federal
government. The ER program provides funds for the repair and reconstruction of roads on the
federal-aid highway system that have suffered serious damage as a result of either (1) a natural
disaster, such as a flood, hurricane, tidal wave, earthquake, tornado, severe storm, or landslide; or
(2) a catastrophic failure from any external cause.93

In 2012, Congress passed the Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L.
112-141). Section 20017 of the Act included a new disaster relief program for mass transit, the
Public Transportation Emergency Relief Program. Once established, the program is to fund
“operating costs” for evacuation services; rescue operations; temporary public transportation
service; or reestablishing, expanding, or relocating public transportation route service before,
during, or after an emergency. The program is to be funded from the General Fund on a such
sums as necessary basis and will require appropriations action. Most observers expect the new
program will be administered by the Federal Transit Administration.

88
For more information about CDBG, see CRS Report RL33330, Community Development Block Grant Funds in
Disaster Relief and Recovery, by Eugene Boyd.
89
This section authored by Robert Kirk, Specialist in Transportation Policy, Resources, Science and Industry Division.
90
U.S. Department of Homeland Security, National Response Framework. “Emergency Support Function #1 –
Transportation Annex Washington, at http://www.fema.gov/pdf/emergency/nrf/nrf-esf-01.pdf .
91
For more information about the ER program see CRS Report R42021, Emergency Relief Program: Federal-Aid
Highway Assistance for Disaster-Damaged Roads and Bridges, by Robert S. Kirk, and CRS Report RS22268,
Repairing and Reconstructing Disaster-Damaged Roads and Bridges: The Role of Federal-Aid Highway Assistance, by
Robert S. Kirk. Under certain circumstances the Federal Aviation Administration (FAA) and the Federal Transit
Administration (FTA) provide disaster assistance.
92
There is one in each state.
93
For example, a bridge collapse.

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Federal Emergency Management: An Introduction

Federal Highway Administration


As noted above, the FHWA has a permanent program dedicated to disaster relief, the ER program.
Historically, the vast majority of ER funds have gone for natural disaster repair and
reconstruction. For example, since 2005, ER funding allocations for Gulf Coast Hurricane
response have totaled over $3 billion. Funding provided for hurricane relief includes funds from
the Program’s annual $100 million highway trust fund authorization and from additional
appropriations provided in supplemental or other appropriations acts. Generally, ER funds can
only be used for roads and bridges on the federal-aid highway system. Repairs and reconstruction
costs for other damaged roads (mostly local roads and neighborhood streets) may be reimbursed
by FEMA.

Environmental Protection Agency94


The U.S. Environmental Protection Agency (EPA) is most frequently involved in emergency
response as the lead federal agency responsible for responding to oil spills and releases of
hazardous substances within the inland zone under the National Contingency Plan. EPA also
serves in this capacity if this plan is invoked under the National Response Framework through
ESF #10—Oil and Hazardous Materials Annex. (See the section on the “National Contingency
Plan” in this report.) EPA also has various other response roles under the National Response
Framework and may perform a wide array of support functions in responding to a disaster or
emergency.95 EPA support to other federal agencies and state and local governments broadly
includes activities necessary to address threats to human health and the environment focusing on
impacts to drinking water and wastewater treatment facilities and post-disaster cleanup.

In accordance with various ESFs under the NRF, as well as Homeland Security Presidential
Directive 7: Critical Infrastructure Identification, Prioritization, and Protection (HSPD-7), EPA
may provide a wide range of support functions to other federal agencies (primarily FEMA and the
Army Corps of Engineers) and state and local governments to protect drinking water or
wastewater facilities.96 As needed, EPA may provide guidance and technical assistance to
determine impacts from firefighting chemicals on wastewater treatment facilities; safely manage
contaminated debris; identify critical water and wastewater systems requiring priority power
restoration; or identify alternate water supplies and wastewater collection and treatment for
critical health care facilities.

EPA also has additional emergency response roles related to protecting water infrastructure under
other response plans and authorities. EPA is the lead federal agency for the water sector under the
National Infrastructure Protection Plan.97 EPA also has statutory “emergency powers” under the

94
This section is authored by David M. Bearden, Specialist in Environmental Policy, and Linda Luther, Analyst in
Environmental Policy, Resources, Science, and Industry Division.
95
For more information about EPA responsibilities under the National Response Framework, including those under
individual ESFs, see EPA’s “Federal Response Plans” website at http://www.epa.gov/homelandsecurityportal/laws-
fedresponse.htm#nrf.
96
A summary of EPA responsibilities under various ESFs and HSPD-7 is provided in its factsheet “EPA’s Support to
the Water Sector Under the National Response Framework,” available at http://www.epa.gov/safewater/watersecurity/
pubs/fs_natl_response_framework_nrf_fact_sheet.pdf.
97
For information on the National Infrastructure Protection Plan and sector-specific agency roles, see the Department
of Homeland Security’s website, http://www.dhs.gov/national-infrastructure-protection-plan.

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Federal Emergency Management: An Introduction

Safe Drinking Water Act to issue orders and commence civil action if a contaminant likely to
enter a public water supply system poses a substantial threat to public health, and state or local
officials have not taken adequate action.98 The Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 amended these emergency powers to include the
authority for EPA to take actions in response to a threatened or potential terrorist attack, or other
intentional act, that would disrupt the provision of safe drinking water or impact the safety of a
community’s water supply.99

EPA may play a prominent role in post-disaster cleanup under the NRF.100 EPA may support the
Army Corps of Engineers in its mission under ESF #3—Public Works and Engineering Annex—
to remove disaster debris.101 The removal of contaminated debris, and hazardous materials
comingled with debris, is coordinated under ESF #10—Oil and Hazardous Materials Annex. In
responding to such incidents, EPA may provide technical assistance to state solid waste agencies
regarding proper hazardous and nonhazardous waste management, including identifying
recycling/reuse opportunities to minimize disaster debris and identifying potential waste staging
or storage areas and disposal facilities.

EPA also may support the U.S. Department of Energy’s responsibility to maintain continuous and
reliable energy supplies for the United States during disaster recovery under the National
Response Framework through ESF #12—Energy Annex. In practice, EPA support for this
function has involved waiving environmental requirements applicable to motor vehicle fuel under
the Clean Air Act. As part of the federal response to hurricanes in 2005, EPA granted certain
waivers under this statute in response to requests from state and local officials when significant
disruptions in fuel production or distribution occurred in the wake of these natural disasters.102

Forest Service103
The Forest Service (FS) is one of two federal entities responsible for protecting most federal
lands from wildfire—a situation that often requires immediate assistance.104 Wildfire management
is generally split into three categories: preparedness, suppression, and fuel reduction. The FS has
received more than $2.0 billion annually over the last few years for wildfire management.105

98
42 U.S.C. § 300i.
99
For more information, see CRS Report RL34576, Managing Disaster Debris: Overview of Regulatory Requirements,
Agency Roles, and Selected Challenges, by Linda Luther.
100
Examples of EPA activities associated with post-disaster cleanup are available in CRS Report RL33115, Cleanup
After Hurricane Katrina: Environmental Considerations, by Robert Esworthy et al..
101
For more information, see CRS Report RL34576, Managing Disaster Debris: Overview of Regulatory
Requirements, Agency Roles, and Selected Challenges, by Linda Luther.
102
See EPA’s website, “Fuels Waivers Response to 2005 Hurricanes,” http://www.epa.gov/compliance/katrina/waiver/
index.html.
103
This section is authored by Kelsi Bracmort, Specialist in Agricultural Conservation and Natural Resources Policy,
Resources, Science, and Industry Division.
104
The Department of the Interior (DOI) is the other federal entity, although DOI receives significantly less funding to
manage wildfires.
105
For more information on wildfire funding, see CRS Report RL33990, Federal Funding for Wildfire Control and
Management, by Kelsi Bracmort.

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Federal Emergency Management: An Introduction

Federal wildfire policy is to actively suppress all wildfires and to protect lives, property, and
resources on federal lands.106

In an emergency wildfire situation, the FS may work with multiple agencies. The National
Interagency Fire Center (NIFC)—of which the FS is a member of—coordinates federal, state, and
private forces to assist the state or region in need for complex situations while maintaining local
wildfire protection.107 As mentioned previously, there are FMAGs available from FEMA that
provide grants, equipment, personnel, and supplies to supplement community resources when
fires threaten destruction that might warrant a major disaster declaration. If the President declares
a disaster, fire management assistance and other recovery programs are also available from
FEMA under the Stafford Act.108 The type of assistance depends on a number of factors, such as
the nature and severity of the wildfire damages and the insurance coverage of the affected parties.
Also, the FS is involved in site rehabilitation and restoration following a wildfire via the Burned
Area Emergency Response (BAER) program. Under BAER, emergency treatments on federal
lands are prescribed and implemented to minimize threats to life or property resulting from the
effects of a fire or to stabilize and prevent unacceptable degradation to natural and cultural
resources.

Small Business Administration


Since its creation in 1953, the Small Business Administration (SBA) Disaster Loan Program has
offered direct loans to individuals and businesses to help repair, rebuild, and recover from
economic losses after a disaster. The majority of disaster loans (approximately 80%) are made to
individuals and households (renters and property owners) to help repair and replace homes and
personal property.

The three main types of loans for disaster-related losses provided by the SBA Disaster Loan
Program are (1) Home Disaster Loans, (2) Business Disaster Loans, and (3) Economic Injury
Disaster Loans (EIDL).

Home disaster loans are used by homeowners and renters to repair or replace their disaster-
damaged primary residences or personal property. SBA regulations limit home loans to $200,000
for the repair or replacement of real estate and $40,000 for the repair or replacement of personal
property. Business disaster loans help businesses of all sizes and nonprofit organizations repair or
replace disaster-damaged property, including inventory and supplies. EIDLs provide working
capital to businesses that have been impacted by an incident. EIDLs cannot be used to restore or
repair businesses.

Both Business Disaster Loans and EIDLs are limited by law to $2 million per applicant. They
also provide assistance to small agricultural cooperatives (but not enterprises), and certain private,
nonprofit organizations that have suffered substantial economic injury resulting from a physical
disaster or an agricultural production disaster.109

106
There are some instances where less aggressive suppression efforts are appropriate.
107
NIFC is the national interagency support center for wildland firefighting.
108
42 U.S.C. §5187.
109
For further analysis on SBA disaster loans see CRS Report R41309, The SBA Disaster Loan Program: Overview
and Possible Issues for Congress, by Bruce R. Lindsay.

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Federal Emergency Management: An Introduction

Author Contact Information

Bruce R. Lindsay, Coordinator Maggie McCarty


Analyst in American National Goverment Specialist in Housing Policy
[email protected], 7-3752 [email protected], 7-2163
Lawrence Kapp Robert S. Kirk
Specialist in Military Manpower Policy Specialist in Transportation Policy
[email protected], 7-7609 [email protected], 7-7769
Dennis A. Shields David M. Bearden
Specialist in Agricultural Policy Specialist in Environmental Policy
[email protected], 7-9051 [email protected], 7-2390
Megan Stubbs Kelsi Bracmort
Specialist in Agricultural Conservation and Natural Specialist in Agricultural Conservation and Natural
Resources Policy Resources Policy
[email protected], 7-8707 [email protected], 7-7283
Sarah A. Lister Tadlock Cowan
Specialist in Public Health and Epidemiology Analyst in Natural Resources and Rural
[email protected], 7-7320 Development
[email protected], 7-7600

Key CRS Policy Experts

Area of Expertise Name Phone E-mail

Disaster Authorities, Processes, and Principles

Stafford Act Emergency and Disaster Francis McCarthy 7-9533 [email protected]


Declarations
Bruce Lindsay 7-3752 [email protected]
Jared Brown 7-4918 [email protected]
Emergency and Disaster Response Bruce Lindsay 7-3752 [email protected]
Process
Francis McCarthy 7-9533 [email protected]
Jared Brown 7-4918 [email protected]
Emergency and Disaster Preparedness Jared Brown 7-4918 [email protected]
Policies
Bruce Lindsay 7-3752 [email protected]
Fran McCarthy 7-9533 [email protected]
Disaster Preparedness Grants Natalie Keegan 7-9569 [email protected]
Public Health and Medical Response in Sarah Lister 7-7320 [email protected]
Disasters

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Federal Emergency Management: An Introduction

Area of Expertise Name Phone E-mail

National Guard, and Department of Lawrence Kapp 7-7609 [email protected]


Defense Disaster Response
Federal Wildfire Policy Kelsi Bracmort 7-7283 [email protected]
Defense Production Act Authorities Jared Brown 7-4918 [email protected]
Environment Protection Agency Linda Luther 7-6852 [email protected]

Disaster Response and Assistance Programs

Funding Disaster Assistance and the Bruce Lindsay 7-3752 [email protected]


Disaster Relief Fund
Hazardous Substance Releases David Bearden 7-2390 [email protected]
Oil Spills Jonathan Ramseur 7-7919 [email protected]
Stafford Act Assistance Francis McCarthy 7-9533 [email protected]
Programs/Mitigation Assistance
Natalie Keegan 7-9569 [email protected]
Jared Brown 7-4918 [email protected]
Small Business Administration Disaster Bruce Lindsay 7-3752 [email protected]
Loans
Community Development Block Grant Eugene Boyd 7-8689 [email protected]
Assistance
Community Disaster Loan Program Jared Brown 7-4918 [email protected]
(FEMA)
National Flood Insurance Rawle King 7-5975 [email protected]
Program/Flood Mitigation
Agriculture Disaster Assistance Dennis Shields 7-9051 [email protected]
Federal Highway Administration Aid Robert S. Kirk 7-7769 [email protected]
Program
Other Department of Transportation Jared Brown 7-4918 [email protected]
Assistance Programs
Disaster Unemployment Assistance Julie Whittaker 7-2587 [email protected]
program

Congressional Research Service 27

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