The Stafford Act Explained

The Stafford Act allows the president to declare a major disaster during an emergency. The federal government has spent almost $300 billion on disaster assistance in recent years. But what is the Stafford Act? Where did it come from? What's the scope of the president's power?

Read this article to learn more about the Stafford Act and how it authorizes most federal disaster relief activities.

What Is the Stafford Act?

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act), 42 U.S.C. 5121, gives the president the power to declare a national emergency in response to a national disaster or natural catastrophe. It establishes a federal process for the following:

• Declaring disasters through a Stafford Act declaration
• Determining the appropriate amount of federal disaster assistance and the response level for the emergency response
• Allocating the costs among federal, state, local, and tribal governments for disaster responses

This declaration allows the president to access funds and disaster relief assistance set aside by Congress. The declaration mainly intends to help states get assistance from the federal government during an emergency or disaster while they carry out their responsibilities to aid their citizens.

History of the Stafford Act

Before 1950, Congress had to pass separate laws to deal with emergencies affecting the nation. But in 1950, Congress passed a comprehensive Federal Disaster Relief Act upon a governor's request. Later, in 1988, Congress passed the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which provides funds for states.

The president invokes the Stafford Act quite often, about 56 times a year during a recent 10-year period. It's used in response to disasters like Hurricane Katrina and the Oklahoma City bombing. It's used less often for public health emergencies. Notable examples of its use to address a public health emergency include:

• When President Clinton invoked the act over the West Nile Virus outbreak in New York and New Jersey
• When President Trump invoked the act over the COVID-19 pandemic

The Stafford Act outlines the need for state and local government agencies to create comprehensive pre-disaster preparedness plans. These mitigation plans and mechanisms must prepare them for intergovernmental coordination during emergency operations.

Federal Agencies Assist the States

Federal agencies, such as the Department of Homeland Security (DHS), assist state, local, and tribal governments affected by an emergency or major disaster. FEMA is part of the DHS.

Federal agencies provide technical assistance and administer grants to states. This assistance helps prepare state and local officials to create updated emergency plans.

The DHS National Operations Center monitors potential disasters and emergencies. In response to a warning, DHS can deploy liaison officers from DHS or other federal agencies to assess the emerging situation.

FEMA Disaster Relief Fund

The Federal Emergency Management Agency (FEMA) is a federal government agency that helps people before, during, and after disasters.

FEMA's Disaster Relief Fund (DRF) is the primary federal disaster recovery assistance source for Stafford Act disasters. FEMA assigns Department of Defense agencies various duties in response to a Stafford Act declaration.

How Does the Stafford Act Work?

Divided into seven titles, the Stafford Act creates and outlines the appropriate level of response required by the federal government after the president declares a disaster. The Stafford Act Public Assistance program gives disaster help to local governments, tribes, states, and some private nonprofit organizations. Together with the taste, FEMA conducts briefings.

When the president issues an emergency declaration, FEMA automatically gets the power to coordinate relief resources to assist overwhelmed state and local governments.

Under a national emergency, FEMA's powers are usually connected with natural disasters like hurricanes and earthquakes. But FEMA can address pandemics like COVID-19.

Two Types of Disaster Declarations

The Stafford Act authorizes the president to issue two types of declarations: an emergency declaration or a major disaster declaration. They can provide federal assistance to jurisdictions in response to disasters and emergencies.

Emergency Declaration Assistance

Emergencies require only a limited federal intervention. Emergency declarations are issued when a threat is detected, such as before a hurricane makes landfall. It assists local, state, and tribal efforts. An emergency declaration authorizes:

• Public assistance for debris removal
• Emergency protective measures to reduce an immediate threat to life, public health, or safety
• Individual assistance for survivors responding to post-disaster needs

Emergencies are typically smaller events in which a limited federal role is adequate.

Major Disaster Declarations

Major disasters are usually massive in scale, such as a powerful earthquake or hurricane. Only the president can declare an event an emergency or major disaster. A major disaster authorizes a wider range of federal assistance than emergency declarations.

The State Must Ask for Assistance

Before the president invokes the Stafford Act, the following must happen:

• A governor must first exhaust the state's emergency plan for disaster recovery
• The governor must decide that the state can't handle the disaster and would benefit from direct assistance from the federal government
• If the governor believes the state can't handle the disaster with its own resources, it must ask for emergency or major disaster assistance from the president

The governor should inform the president about the resources the state can commit for expenditures to respond to the event. The president determines the state's eligibility for federal relief. At this point, the president can declare an emergency and provide federal assistance. The state process is similar for emergencies and major disasters.

What Happens After an Emergency Is Declared?

After the president declares the emergency, FEMA will draft a document called "the FEMA state agreement." The agreement outlines several things, including:

• Period of the disaster
• Areas eligible for assistance
• Type of assistance required
• Cost-sharing provisions
• Other relevant terms and conditions

FEMA's regional offices have a Regional Response Coordination Center (RRCC). The RRCC coordinates initial regional and field activities after a major disaster or emergency declaration. The RRCC coordinates FEMA's operations and resource support during incidents.

What Kind of Resources Are Available?

The Stafford Act authorizes three types of assistance from the federal government. These include the following:

• Individual assistance: Assistance directly given to individuals and businesses affected by an emergency or disaster (includes food, temporary housing assistance, financial assistance, and repairs)
• Public assistance: Federal funding and expertise allocated to state, tribal, and local governments and certain private sector non-profits
• Hazard mitigation assistance: Funding for eligible mitigation assistance programs aimed at eliminating or reducing the long-term effects of the disaster

FEMA will pay most of a state and local government's costs for the following:

• Debris removal
• Emergency protective measures
• Roads and bridges
• Water control facilities
• Equipment and utilities

The Stafford Act ensures a process for orderly and systematic distribution of natural disaster assistance for state and local governments.

FEMA Reforms Its Individual Assistance Program

The Stafford Act provides the statutory authority for most federal disaster assistance programs. FEMA programs provide most federal public assistance programs for disasters. In January 2024, the Secretary of Homeland Security and the FEMA Administrator announced that FEMA is reforming its federal assistance policies.

They want to cut red tape, get funds to people faster, and give people greater flexibility. The Biden-Harris administration wants to benefit survivors in the following ways:

• Establish new benefits providing flexible funding to survivors when they need it most
• Cut red tape and reach more people who need to rebuild
• Simplify the application process to meet survivors' individual needs

Pursuant to the Stafford Act, FEMA administers grant programs to provide a system of emergency preparedness for hazards.

Have Questions About Your Rights Relating to Disaster Relief

It's helpful to talk with an attorney if you were denied federal disaster assistance and believe the government violated your civil rights. An experienced civil rights lawyer can explain your legal rights and options.

Related Resources

• Disaster Assistance and Your Civil Rights
• Understanding Government Actions During COVID-19
• What Are the U.S. Government's Quarantine Powers?