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Examination of Federal Disaster Relief Under the Budget Control Act [November 8, 2013]
This report discusses the pitfalls of current budget estimation tools regarding emergency management; the authors make observations and recommendations. "On August 2, 2011, the President signed into law the Budget Control Act of 2011 (BCA, P.L. 112- 25), which included a number of budget-controlling mechanisms. As part of the legislation, caps were placed on discretionary spending for the next ten years, beginning with FY2012. […] On October 29, 2013, Hurricane Sandy came ashore, causing loss of life and billions of dollars in damage. The Administration proposed a relief package that exceeded the allowable adjustment for disaster relief under the BCA. The Administration requested, and Congress for the most part agreed, to designate the Hurricane Sandy supplemental as emergency spending outside of the limited disaster relief adjustment made available under the BCA. The history of the legislative response to this disaster demonstrated that while the BCA included an accommodation to provide dedicated additional funding for many disasters, catastrophic events such as Sandy remain a challenge to those developing long-term budgeting strategies. […] In the face of these challenges, Congress could choose to continue to use emergency funding to meet unbudgeted disaster relief needs, or change the allowable adjustment mechanism, the formula for calculating the allowable adjustment."
Library of Congress. Congressional Research Service
Lindsay, Bruce R.; Painter, William L.; McCarthy, Francis X.
2013-11-08
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Examination of Federal Disaster Relief Under the Budget Control Act [February 10, 2012]
"Concern over the size of the federal budget deficit and the national debt has brought congressional attention, as an ancillary issue, to both the amount of funding the federal government provides to states and localities for disaster assistance and the processes the federal government uses to provide that assistance. The amount of funding provided by Congress for declared emergencies and major disasters has grown considerably in the past decade, driven principally by the hurricane season of 2005. Although funds have been reallocated at times from one account to another to provide for disaster-related assistance, disaster relief funding has historically not been fully offset. Disaster relief funding has usually not been tightly constrained, either, with supplemental spending bills often funding these activities outside the allocations of discretionary budget authority and outlays associated with budget resolutions. Two potential methods for reducing the impact of disaster assistance spending on the federal budget are (1) the use of offsets and (2) placing controls on the level of allowable spending. Among its provisions, the Budget Control Act (P.L. 112-25, hereafter the BCA) provides a mechanism designed, arguably, to limit spending on major disasters declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, hereafter the Stafford Act), thereby limiting the impact of such spending on the budget deficit. This report reviews current disaster funding practices and examines potential issues presented to disaster funding under the BCA mechanism. The report also discusses how OMB [Office of Management and Budget] calculates the 'allowable adjustment' to discretionary spending caps for disaster relief pursuant to the BCA, and the potential policy implications that may result from that process."
Library of Congress. Congressional Research Service
Lindsay, Bruce R.; Painter, William L.; McCarthy, Francis X.
2012-02-10
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Examination of Federal Disaster Relief Under the Budget Control Act [February 24, 2016]
From the Document: "On August 2, 2011, the President signed into law the Budget Control Act of 2011 (BCA, P.L. 112-25), which included a number of budget-controlling mechanisms. As part of the legislation, caps were placed on discretionary spending for the next ten years, beginning with FY2012. If these caps are exceeded, the BCA provides for an automatic rescission--known as sequestration--to take place across most discretionary budget accounts to reduce the effective level of spending to the level of the cap. Additionally, special accommodations were made in the BCA to address the unpredictable nature of disaster assistance while attempting to impose discipline on the amount spent by the federal government on disasters. The BCA created an allowable adjustment specifically to cover disaster relief (defined as the costs of major disasters under the Stafford Act), separate from emergency appropriations."
Library of Congress. Congressional Research Service
Lindsay, Bruce R.; Painter, William L.; McCarthy, Francis X.
2016-02-24
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Stafford Act Declarations 1953-2011: Trends and Analyses, and Implications for Congress [August 31, 2012]
"The Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizes the President to issue declarations that provide states and localities with a range of federal assistance in response to natural and man-made incidents. Since 1953 the number of declarations issued each year has steadily increased. For example, the average number of major disaster declarations issued from 1960 to 1969 was roughly 18 per year. In contrast, the average number of major disaster declarations issued from 2000 to 2009 was 56 per year. The highest number was declared in 2011, with 99 major disaster declarations. Declarations are of congressional concern for at least two reasons: (1) scrutiny of the budget has led to an awareness of expenditures for disaster assistance, and (2) some are skeptical that declarations are solely made to provide disaster relief. They argue that declarations have become political tools--especially during election years--to gain political favor. Advocates of this position point to incidents which, in their view, could have been handled without federal assistance. This report describes the declaration process and the types of declarations that can be declared under the Stafford Act: (1) Fire Management Assistance Grants, (2) emergencies, and (3) major disasters."
Library of Congress. Congressional Research Service
Lindsay, Bruce R.; McCarthy, Francis X.
2012-08-31
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DHS Appropriations FY2016: Protection, Preparedness, Response, and Recovery [April 18, 2016]
From the Summary: "This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2016. It specifically discusses appropriations for the components of DHS included in the third title of the homeland security appropriations bill-the National Protection and Programs Directorate (NPPD), the Office of Health Affairs (OHA), and the Federal Emergency Management Agency (FEMA). Collectively, Congress has labeled these components in the appropriations act in recent years as 'Protection, Preparedness, Response, and Recovery.' The report provides an overview of the Administration's FY2016 request for Protection, Preparedness, Response, and Recovery, and the appropriations proposed by Congress in response, and those enacted thus far. Rather than limiting the scope of its review to the third title, the report includes information on provisions throughout the proposed bill and report that directly affect these functions."
Library of Congress. Congressional Research Service
Painter, William L.; Moteff, John D.; Lister, Sarah A. . . .
2016-04-18
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DHS Appropriations FY2016: Protection, Preparedness, Response, and Recovery [September 8, 2015]
"This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2016. It specifically discusses appropriations for the components of DHS included in the third title of the homeland security appropriations bill--the National Protection and Programs Directorate (NPPD), the Office of Health Affairs (OHA), and the Federal Emergency Management Agency (FEMA). Collectively, Congress has labeled these components in the appropriations act in recent years as 'Protection, Preparedness, Response, and Recovery.' The report provides an overview of the Administration's FY2016 request for Protection, Preparedness, Response, and Recovery, and the appropriations proposed by Congress thus far. Rather than limiting the scope of its review to the third title, the report includes information on provisions throughout the proposed bill and report that directly affect these functions. Protection, Preparedness, Response, and Recovery is the second largest of the four titles that carry the bulk of the funding in the bill. The Administration requested $6,222 million for these components in FY2016, $267 million more than was provided for FY2015. These three components make up 15.0% of the administration's $41.4 billion request for the department in net discretionary budget authority, and the proposed additional funding is 15.5% of the total net increase requested. Most of the proposed net discretionary increase is for NPPD ($157 million, or 10.5% more than last year) and its work in cybersecurity and communications. The administration also requested an additional $6.7 billion not reflected above for the Federal Emergency Management Agency (FEMA) in disaster relief funding, as defined by the Budget Control Act (BCA, P.L. 112-25)."
Library of Congress. Congressional Research Service
Painter, William L.; Moteff, John D.; Lister, Sarah A. . . .
2015-09-08
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FEMA's Disaster Declaration Process: A Primer [August 27, 2007]
"The Robert T. Stafford Disaster Relief and Emergency Assistance Act (referred to as the Stafford Act-42 U.S.C. 5721 et seq.) authorizes the President to issue 'major disaster' or 'emergency' declarations before or after catastrophes occur. Emergency declarations trigger aid that protects property, public health, and safety and lessens or averts the threat of an incident becoming a catastrophic event. A major disaster declaration, issued after catastrophes occur, constitutes broader authority for federal agencies to provide supplemental assistance to help state and local governments, families and individuals, and certain nonprofit organizations recover from the incident. The end result of a presidential disaster declaration is well known, if not entirely understood. Various forms of assistance are provided, including aid to families and individuals for uninsured needs and assistance to state and local governments and certain non-profits in rebuilding or replacing damaged infrastructure. The amount of assistance provided through Presidential disaster declarations has exceeded $100 billion. Often, in recent years, Congress has enacted supplemental appropriations legislation to cover unanticipated costs. While the amounts spent by the federal government on different programs may be reported, and the progress of the recovery can be observed, much less is known about the process that initiates all of this activity. Yet, it is a process that has resulted in an average of more than one disaster declaration a week over the last decade. The disaster declaration procedure is foremost a process that preserves the discretion of the governor to request assistance and the president to decide to grant, or not to grant, supplemental help."
Library of Congress. Congressional Research Service
McCarthy, Francis X.
2007-08-27
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FEMA's Disaster Declaration Process: A Primer [Updated January 23, 2009]
This Congressional Research Service (CRS) report covers FEMA disaster relief and emergency assistance. "The Robert T. Stafford Disaster Relief and Emergency Assistance Act (referred to as the Stafford Act - 42 U.S.C. 5721 et seq.) authorizes the President to issue 'major disaster' or 'emergency' declarations before or after catastrophes occur. Emergency declarations trigger aid that protects property, public health, and safety and lessens or averts the threat of an incident becoming a catastrophic event. A major disaster declaration, issued after catastrophes occur, constitutes broader authority for federal agencies to provide supplemental assistance to help state and local governments, families and individuals, and certain nonprofit organizations recover from the incident. The end result of a presidential disaster declaration is well known, if not entirely understood. Various forms of assistance are provided, including aid to families and individuals for uninsured needs and assistance to state and local governments and certain non-profits in rebuilding or replacing damaged infrastructure."
Library of Congress. Congressional Research Service
McCarthy, Francis X.
2009-01-23
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Analysis of the Sandy Recovery Improvement Act of 2013 [March 11, 2013]
From the Introduction: "Given its size, strength, location and the enormity of its impact, Hurricane Sandy was a storm of historic proportions and importance. The damage inflicted by this huge storm rivaled the damages of the Gulf Coast storms during the summer of 2005, particularly due to the population density and overall development of the areas that received the brunt of the storm's impact. As with other major natural disaster events, Members of Congress responded to Hurricane Sandy by holding a series of hearings, visiting the affected region, and introducing and acting on legislation. […] This report examines the potential effect of the Sandy Recovery Improvement Act of 2013 on disaster assistance procedures and programs. Part of the legislative intent of the Sandy Recovery Improvement Act of 2013 is to streamline administrative procedures and improve the effectiveness of several disaster assistance programs authorized by the Stafford Act, namely the Public Assistance Program, the Individual Assistance Program, and the Hazard Mitigation Grant Program. The law reforms the Stafford Act in part by reauthorizing several 'pilot' programs established previously in Title VI of P.L. 109-295, the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA). P.L. 113-2 also authorizes tribes to request a declaration of an emergency or major disaster, as was previously only allowed for states. It also directs FEMA to establish procedures for arbitrating disputes relating to disaster assistance, and directs FEMA to create a national strategy for mitigating the cost of future disasters. In the context of overall supplemental funding for disaster relief being debated by the Congress, the disaster assistance programs modified by the law are funded by the Disaster Relief Fund (DRF). More detailed explanations of the modifications enacted by the law are provided below."
Library of Congress. Congressional Research Service
Brown, Jared T.; McCarthy, Francis X.; Liu, Edward C.
2013-03-11
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Emergency Food and Shelter National Board Program and Homeless Assistance [October 4, 2012]
"The Emergency Food and Shelter National Board Program (EFS) is administered by the Federal Emergency Management Agency (FEMA), making the program somewhat unique in that its purpose is outside of the agency's traditional focus on preparedness and disaster recovery for individual disaster events. EFS funding is provided to private non-profit organizations and local governments to supplement and expand their efforts to provide shelter, food, and supportive services for homeless individuals, to strengthen efforts to create more effective and innovative local programs, and to conduct minimum rehabilitation of existing mass shelter or mass feeding facilities, but only to the extent necessary to make facilities safe, sanitary, and bring them into compliance with local building codes. [...] This report opens with a legislative history of the EFS program. It then examines the program's current structure and operations, including the composition and responsibilities of the EFS National Board (hereinafter National Board), which is chaired by FEMA, the formula the National Board uses to allocate available funds to eligible local jurisdictions, and the composition and responsibilities of EFS local boards. The report then provides an analysis of the EFS program's relationship to other programs assisting those with acute needs, examines its funding, and congressional debate concerning its efficacy in helping individuals meet emergency needs and transition out of poverty."
Library of Congress. Congressional Research Service
McCarthy, Francis X.
2012-10-04
