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The Stafford Act constitutes the statutory authority for most federal disaster response activities especially as they pertain to FEMA and FEMA programs. In response to the to the evolving demands for federal disaster assistance, Congress has passed legislation to amend the Stafford Act to improve the role of the federal government in disaster assistance.

Pre-1950

As a result of no comprehensive legislation covering disaster relief, Congress had to pass a separate law to provide federal funds for each major disaster that occurred. Therefore, acting under this cumbersome system, between 1803 and 1950 Congress passed 128 separate laws dealing with disaster relief.

1950 – 1979

• The approach to disaster relief transitioned from a largely uncoordinated and decentralized system of relief funding, to one dominated by the federal government.

Federal Disaster Relief Act of 1950
P.L. 81 – 875

• Authorized the President to provide supplementary federal assistance when a governor requested help and the President approved the request by declaring a major disaster. The federal government would not function as the first-line provider of emergency assistance and disaster response and recovery, but would support and supplement (not supplant) the efforts and available resources of the state and local governments. The Act required that federal assistance be supplied only when state and local governments had themselves committed a reasonable amount of the funds needed.
• Set in motion federal-to-state disaster relief assistance, promoting the need for an account to fund disaster and emergency activities.

Federal Disaster Relief Act of 1966
P.L. 89 – 769

• Improved how the FDRA of 1950 handled non-routine large-scale, catastrophic disasters. Included the authorization of federal agencies to provide disaster loans below market rates and the extension of aid to unincorporated areas.

National Flood Insurance Act of 1968
P.L. 90 – 448

• Made flood insurance available for the first time.
• Purpose: To provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods.
• Enabled property owners in participating communities to purchase insurance protection, administered by the federal government, against losses from flooding, and requires flood insurance for all loans or lines of credit that are secured by existing buildings, manufactured homes, or buildings under construction that are located in a community participates in the NFIP.
• To participate in the program, communities were required to adopt and enforce prudent, flood-resistant construction techniques for all new, substantially improved, and substantially damaged structures located within identified floodplain areas

Flood Disaster Protection Act of 1973
P.L. 93 – 234

• Made the purchase of flood insurance mandatory for the protection of property located in Special Flood Hazard Areas.

Disaster Relief Act of 1974
P.L. 93 – 288

• Created the first program to provide direct assistance to individuals and households following a disaster.
• Instituted the “Individual Family Grant Program” (IFG), which supplied 75% of the funding for state-administered programs that provided money to purchase clothing, furniture, and essential needs following a disaster.

1979 – Creation of the Federal Emergency Management Association (FEMA)

• Purpose: Coordinate the response to a disaster that has occurred in the U.S. and that overwhelms the resources of local and state authorities. Note: The governor of the state in which the disaster occurred must declare a state of emergency and formally request from the president that FEMA and the federal government respond to the disaster.

Coastal Barrier Resources Act of 1982
P.L. 97 – 348

• Purpose: To address challenges associated with coastal barrier development.
• Objectives: Minimize the loss of human life by discouraging development in high-risk areas vulnerable to storm surges and hurricane winds, 2) Reduce wasteful expenditure of federal resources; and 3) to protect the natural resources associated with undeveloped coastal barriers.
• Designated various undeveloped coastal barriers to be included in the Coastal Barrier Resources System. These designated areas were made ineligible for both direct and indirect federal expenditures and financial assistance, which are believed to encourage development of fragile, high-risk, and ecologically sensitive coastal barriers.

The Stafford Act of 1988
P.L. 93 – 288

• Statutory authority for most federal disaster response and recovery activities, especially as they pertain to FEMA and FEMA programs.
• Authorizes the President to issue major disaster, emergency, and fire management declarations at the request of the states, enabling federal agencies to provide assistance to states overwhelmed by disasters.

1992 – Creation of the Federal Response Plan (FRP):

• Signed agreement among 27 federal departments and agencies, including the American Red Cross (ARC), that:
• Provides mechanisms for coordinating delivery of federal assistance and resources to augment efforts of state and local governments overwhelmed by a major disaster or emergency;
• Supports implementation of the Stafford Act; and
• Supplements other federal emergency operations plans developed to address specific hazards.

Flood Insurance Reform Act of 1994
P.L. 103 – 325

• Strengthened the NFIP with a number of reforms, that included, increasing the focus on lender compliance, creating mitigation insurance and developing a mitigation assistance program to further reduce the costly and devastating impacts of flood.

Disaster Mitigation Act of 2000
P.L. 106 – 390

• Amended the Stafford Act to provide the legal basis for FEMA mitigation planning requirements for state, local, and Indian tribal governments as a condition of mitigation grant assistance. Repealed the previous mitigation planning provisions and replacing them with a new set of requirements that emphasize the need for state, local, and Indian tribal entities to closely coordinate mitigation planning and implementation efforts. The requirement for a State mitigation plan is continued as a condition for disaster assistance.

Flood Insurance Reform Act of 2004
P.L. 108 – 264

• Strengthened the NFIP with a number of reforms that reduced losses to properties for which repetitive flood insurance claim payments have been made, creating policyholder awareness about individual flood insurance policies, increasing policyholder information on guidance about the flood insurance claims process and establishing a minimum flood insurance training education requirement for insurance professionals.

Post-Katrina Emergency Management Reform Act of 2006
P.L. 109 – 295

• Codified and expanded FEMA’s regional office structure and strengthened its all-hazards operational framework and coordination capabilities. It expanded the federal role in emergency response by designating FEMA as the sole primary agency and added additional authorities and responsibilities for FEMA.
• Significantly reorganized FEMA by providing FEMA it substantial new authority to remedy gaps in response and included a more robust preparedness mission for FEMA.
• Established a Disability Coordinator and developed guidelines to accommodate individuals with disabilities.
• Established the National Emergency Family Registry and Locator System to reunify separated family members.
• Coordinates and supports precautionary evacuation and recovery efforts.
• Provides transportation assistance for relocating and returning individuals displaced from their residences in a major disaster.
• Provides case management assistance to identify and address unmet needs of survivors of major disasters.

Pets Evacuation and Transportation Standards Act of 2006

• Amends the Stafford Act to ensure that State and local emergency preparedness operations plans to address the needs of individuals with households pets and service animals following a major disaster or emergency.
• Authorizes FEMA to provide rescue, care, shelter, and essential needs for individuals with household pets and service animals and to the household pets and animals themselves following a major disaster or emergency.

2008 – National Response Framework established

• Formally replaced the National Response Plan (NRP). Describes not only how the federal government organizes itself to respond to natural disasters, terrorist attacks, and other catastrophic events but also the importance of whole community in assisting with response efforts.
• Key principles:
  • Engaged partnership;
  • Tiered response;
  • Scalable, flexible, and adaptable operational capabilities;
  • Unity of effort through unified command; and
  • Readiness to act.

Sandy Recovery and Improvement Act of 2013
P.L. 113 – 2

• Considered the most significant legislated change to FEMA since the Stafford Act. Authorized several significant changes to the way FEMA may deliver federal disaster assistance to survivors to improve the efficiency and quality of disaster assistance provided by FEMA.
• In response to the extensive human suffering and damage to public and private property to provide supplemental appropriations to federal disaster assistance programs.