Federal Overview
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) (Public Law 93-288), as amended, provides the statutory framework that governs the authority of the President and FEMA to provide assistance to a State in response to an emergency or disaster.
In addition to provisions for emergency assistance, specific program areas of assistance include:
- 404: Hazard Mitigation
- 406: Repair, Restoration, and Replacement of Damaged Facilities
- 407: Debris Removal
- 408: Assistance to Individuals and Households
- 410: Unemployment Assistance
- 412: Food Coupons and Distribution
- 413: Food Commodities
- 414: Relocation Assistance
- 415: Legal Services
- 416: Crisis Counseling Assistance and Training
- 417: Community Disaster Loans
- 418: Emergency Communications
- 419: Emergency Public Transportation
- 420: Fire Management Assistance
- 425: Transportation Assistance to Individuals and Households
- 426: Case Management Services
Stafford Act Addresses:
- Title II: Disaster Preparedness + Mitigation Assistance
- Title III: Administration of Major Disaster + Emergency Assistance
- Title IV: Major Disaster Assistance Programs Title V: Emergency Assistance Program
- Title VI: Emergency Preparedness
The Stafford Act has been implemented through the Code of Federal Regulations (CFR). The activities associated with Federal disaster assistance, namely the Declaration Process, Emergency Assistance, Individual Assistance (IA), the Public Assistance (PA) Program, and the Hazard Mitigation Grant Program (HMGP) are all addressed in the regulations. In addition to the above, CFR also addresses the Uniform Administrative Requirements and cost principles for grants received through the Stafford Act. These requirements apply to State and Local Government entities and institutions of higher education, hospitals, and other PNPs. CFR also addresses the cost principles that are applicable to State and Local Governments, educational institutions, and PNP organizations.
Effective December 26, 2014, for all disasters that occur thereafter, the new 2 CFR 200, containing Uniform Administrative Requirements and cost principles, will apply to all Grantees and Subrecipients. Homeland security grants (also called preparedness non-disaster grants are authorized by the Homeland Security Act of 2002. Implementation guidance is found in 44 CFR as well as annual Notice of Funding Opportunity Announcements (NFOAs) from the U.S. Department of Homeland Security (DHS).
The CFR is updated annually, so it is important to ensure you use the edition in effect at the time of the disaster declaration or grant award.
FEMA publications such as the FEMA Public Assistance Guide, Debris Management Guide, and Hazard Mitigation Assistance (HMA) Unified Guidance provide additional insight on the basic provisions and application procedures of FEMA programs. In addition, FEMA publishes the 9500 Series Policies, which provides for further interpretation by FEMA of the regulations and their application. Lastly, FEMA issues Disaster Specific Guidance which states policy limited to a specific disaster. Failure to comply with statutes, regulations, and policy may result in a requirement to return Federal grant funding.
Combined, all of the above represent a considerable amount of information. GOHSEP provides technical assistance to its subrecipients as to regulatory and policy compliance for grants management. However, it is ultimately the responsibility of each subrecipient to know the Federal regulations and policies and to be in compliance with them when exercising their grants management procedures.
