When was stafford act passed

Sheltering specific populations in non-congregate shelters should be determined by a public health official's direction or in accordance with the direction or guidance of health officials by the appropriate state or local entities.

The request should specify the populations to be sheltered. Household pet sheltering and containment actions related to household pets in accordance with CDC guidelines;. Purchase and distribution of food, water, ice, medicine, and other consumable supplies, to include personal protective equipment and hazardous material suits;.

Note that FEMA may change guidance at any time. Under the Stafford Act, eligible private nonprofit organizations may receive reimbursement for costs incurred while performing eligible emergency protective measures through the PA program. For-profit entities are not eligible applicants for PA. President Trump's emergency declaration for COVID authorized FEMA to reimburse state, territorial, tribal, and local government entities and certain nonprofit organizations PNPs for eligible costs incurred while performing emergency protective measures.

PNPs providing critical services include educational, utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custodial care facilities.

For-profit entities are not eligible to apply for reimbursement through the PA program. Eligible PA applicants and PA grant Recipients may also contract for-profit entities to perform emergency work. As of March 30, , Stafford Act declarations for COVID authorized FEMA to reimburse only state, territorial, tribal, and local governments and eligible nonprofits for the cost of uninsured emergency medical care. No assistance for individuals' medical costs has been authorized.

All major disaster and emergency declarations issued under the Stafford Act as of March 30, , authorized PA Category B—Emergency Protective Measures, through which FEMA may reimburse eligible state, territorial, tribal, and local governmental entities and eligible private nonprofit entities for the cost of uninsured emergency medical care directly related to COVID FEMA may only reimburse medical care that is required as a result of COVID, 66 and that eliminates or lessens immediate threats to life, public health, or safety.

Although FEMA's list of authorized medical care does not specify which public health emergency authority is meant in referring to the duration of eligibility, it probably refers to the declaration authority pursuant to Section of the Public Health Service Act. It is in effect for 90 days, and is expected by many to be renewed and remain in effect for the duration of the response. Table 3. Eligible Emergency Medical Care Activities.

Examples include sheltering for those who test positive for COVID who do not require hospitalization but need isolation including those exiting from hospitals ; those who have been exposed to COVID who do not require hospitalization; and asymptomatic high-risk individuals needing social distancing as a precautionary measure, such as people over 65 or with certain underlying health conditions respiratory, compromised immunities, chronic disease.

FEMA may determine that other activities undertaken to reduce the threats to life, public health, or safety by COVID are eligible emergency protective measures. To determine eligibility, FEMA's Regional Administrators may require that local, state, or federal officials certify that the work performed was necessary to cope with such threats.

Moreover, FEMA stated that. In accordance with section of the Robert T. FEMA will not duplicate assistance provided by the U. PA for disposal of medical waste and interment of human remains is included in eligible work authorized for all jurisdictions under PA Category B—Emergency Protective Measures. According to FEMA, "[f]unding is immediately available should state, tribal, territorial or local officials request expedited assistance.

Generally, the time elapsed during delivery of PA emergency assistance will vary by state, incident, applicant, and project. A number of different factors involved in the PA application and reimbursement process affect the delivery of PA.

Relevant factors include, but are not limited to, the scope of the project 90 and the time required for the performance of eligible work. Applicants may request reimbursement for work completed from the PA grant Recipient. After the President declares an emergency or major disaster, the governor or chief executive may request that the declaration be amended to include additional types of assistance.

If FEMA denies a requested amendment, the governor or chief executive may appeal the decision in writing. The President has the authority to adjust the federal share of Public Assistance programs. A state may also receive a loan or advance to cover the nonfederal share i. This may be done when—. Any loan or advance must be repaid with interest. Congress has, on occasion, adjusted the federal share through legislation. For example, Section of the U. Different types of federal assistance are available pursuant to each type of declaration, with major disaster declarations providing more forms of assistance than emergency declarations.

Additionally, Table 4 lists the categories of assistance and the Stafford Act section under which they are authorized. When the President makes a major disaster declaration under the Stafford Act, states, tribes, and local governments, as well as certain private nonprofit organizations, may receive reimbursement through Public Assistance PA for "emergency work" undertaken to save lives, protect property, public health, and safety, and lessen or avert the threat of a catastrophe, or for "permanent work" undertaken to repair, restore, reconstruct, or replace disaster-damaged public and eligible private nonprofit facilities.

Individual Assistance IA provides aid to affected individuals and households. If a major disaster is declared, the forms of IA that may be authorized include assistance for housing and for other needs assistance through the Individuals and Households Program; crisis counseling; disaster unemployment assistance; disaster legal services; and disaster case management services. Table 4. Categories of Public Assistance and Individual Assistance. Individuals and Households Program a. Crisis Counseling Assistance and Training Program b.

Legal Aid to Low-income Disaster Survivors e. Disaster Unemployment Assistance b. This type of assistance may be made available if authorized pursuant to a presidential declaration of emergency or major disaster. This type of assistance may only be made available if authorized pursuant to a presidential declaration of major disaster.

Certain private nonprofit organizations may be eligible for reimbursement for work performed for eligible emergency protective measures. Businesses are not eligible for assistance authorized under the Stafford Act.

PNPs may be eligible for PA if they provide "critical services" or non-critical, "essential" services available to the general public. For-profit entities are not eligible to apply directly for public assistance as authorized under the Stafford Act.

The CCP provides financial assistance to state, territorial, tribal, and local government agencies through a grant or cooperative agreement, which allows them to either provide or contract for crisis counseling services. An emergency declaration or a major disaster declaration may be amended to allow for additional types of IA to be authorized see Table 1 for a list of IA programs.

The governor may request that the declaration be amended to include additional types of assistance. Although the CCP is the only form of IA authorized to date, individual relief has been provided through other sources.

For example, the supplemental appropriations acts for COVID address some of the other unmet needs of individuals e. State, territories, and tribes that have received emergency declarations or major disaster declarations for COVID are PA grant Recipients, which administer PA awards in their jurisdictions.

Eligible applicants may apply for funding through the Recipient's PA award. To receive PA funds, Applicants may submit a request for grant funds, a project worksheet describing the details of the work and costs claimed, and supporting documentation though the PA Grants Portal. If other forms of IA are authorized pursuant to a major disaster declaration for COVID, those assistance programs would include different application requirements and processes. The following questions relate to the funding sources for the federal assistance under the Stafford Act that may supplement state, tribal, and local response efforts for COVID Many forms of assistance made available pursuant to a Stafford Act declaration are funded through the Disaster Relief Fund DRF , which is the primary source of funding for the federal government's domestic general disaster relief programs.

This put the balance of funding in the DRF at its highest level in history. DRF resources are available for past, current, and future incidents. However, the majority of its funding is specifically set aside for the costs of major disasters. It is not clear what the total draw on the DRF will be, since the pandemic is an evolving situation, there are other federal programs providing resources, and there is no precedent for using the Stafford Act to respond to a public health crisis.

The most recent iterations of the appropriations bill text for the DRF indicate the funds are provided for the "necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act," thus covering all past and future disaster and emergency declarations. Previous versions of the appropriations language going back to also referenced the legislation authorizing general disaster relief rather than targeting specific disasters.

On a number of occasions, specific disasters have been mentioned in the appropriation, but funding was not specifically directed to one disaster over others.

While many disaster supplemental appropriations bills are associated with a specific incident or incidents—such as P.

It provides funding "for major disasters declared pursuant to the Robert T. While one of the general provisions of the law states that the funds provided in the act "may only be used to prevent, prepare for, and respond to coronavirus," the last subsection of that general provision indicates that restriction does not apply to the title that included the DRF appropriation.

Additional sources of assistance may be available to support the nation's response to and recovery from the COVID pandemic. Hampton Jr. Western Pacific Railroad Co. United States. Sunstein Federalist No. Epstein Office of Management and Budget. Voter information What's on my ballot? Where do I vote? How do I register to vote? How do I request a ballot?

When do I vote? When are polls open? Who Represents Me? Congress special elections Governors State executives State legislatures Ballot measures State judges Municipal officials School boards. Assistance can take the form of direct federal aid in terms of services, grants, and technical support, or as reimbursement for services provided by or contracted for by affected states. FEMA has extensive rules, policies, and guidances to further define eligibility and procedures for Stafford Act assistance.

Individual Assistance— Provides immediate direct and financial assistance to individuals for housing and other disaster related needs. Hazard Mitigation— Provides grants to affected governments to implement long-term hazard mitigation measures after a major disaster declaration. Only areas within the geographic area designated in the declaration are eligible for hazard mitigation aid. Public Assistance— Provides aid to eligible applicants seeking assistance with eligible costs for eligible work performed at eligible facilities.

Funding for public assistance is divided generally into a 75 percent federal share and 25 percent state share; however, the federal share may be raised in a presidential declaration. Pandemic Coverage— Direct federal assistance is available through Public Assistance grants for Stafford Act declarations related to pandemic influenza. Assistance provided by FEMA under the Stafford Act in response to a pandemic influenza declaration may not duplicate assistance provided or available under the authority of other federal agencies, including HHS.

Mutual Aid Agreement Reimbursement— FEMA will reimburse for services provided through written mutual aid agreements, like the Emergency Management Assistance Compact EMAC , for aid provided to states where there has been a presidential declaration, the activities and costs directly relate to the event and eligible work, and costs are reasonable.

The Stafford Act does not directly address liability protections or immunities; however, personnel and resources deployed during the response may be eligible for liability protections under other laws. Personnel deployed as part of the Medical Reserve Corps or National Disaster Medical System have liability protections through other federal laws.

Responders deployed through the EMAC may be covered by state liability protections. The aid triggered by a Stafford Act declaration provides states and localities with financial, technical, and logistical support during emergency events that overwhelm their capacity to respond. The Stafford Act and its implementing rules, policies, and guidances create a highly structured system through which states seek assistance. The National Response Framework and the National Incident Management System further define roles of federal, state, and local governments and other sectors in responding to events of various sizes, not just those severe enough to qualify for coverage under the Stafford Act.

Note: This document was compiled from June—December and reviewed May ; it reflects the laws and programs current then. It reflects only portions of the laws relevant to public health emergencies and is not intended to be exhaustive of all relevant legal authority.

This resource is for informational purposes only and is not intended as a substitute for professional legal or other advice.