DISASTER RELIEF

DISASTER RELIEF

Monies or services made available to individuals and communities that have experienced losses due to disasters such as floods, hurricanes, earthquakes, drought, tornadoes, and riots.

The term disaster has been applied in U.S. law in a broad sense to mean both human-made
and natural catastrophes. Human-made catastrophes include civil disturbances such as riots and demonstrations; warfare-related upheavals, including those created by guerrilla activity and TERRORISM; refugee crises involving the forced movements of people across borders; and many possible accidents, including transportation, mining, POLLUTION, chemical, and nuclear incidents.

Natural disasters may be divided into three categories: meteorological disasters, such as hurricanes, hailstorms, tornadoes, typhoons, snowstorms, droughts, cold spells, and heat waves; topological catastrophes, such as earthquakes, avalanches, landslides, and floods; and biological disasters, including insect swarms and disease epidemics.

A disaster may also be defined in sociological terms as a major disruption of the social pattern of individuals and groups.

Disaster relief efforts are typically an example of FEDERALISM at work, as local, state, and national governments take on varied responsibilities. However, disaster relief has historically been considered a local responsibility, with the federal government providing assistance when local and state relief capacities are exhausted.

Most states have agencies that coordinate
disaster relief and planning. A majority of states have statutes that define appropriate procedures for disaster declarations and emergency orders.

Such statutes also empower relief agencies to utilize state and local resources, commandeer
private property, and arrange for temporary housing during an emergency.
The federal government has played an increasingly influential role in disaster response
and preparedness. In fact, as federal disaster assistance grew in the late twentieth century, it became a unique form of aid to states and localities.
Often, significant amounts of money are made available to a disaster area for years after
the disaster has occurred.

At all levels of government, disaster relief is carried out under the authority of an executive official: a city mayor, a state governor, or the nation’s president. In the last instance, federal disaster legislation gives the president wide powers. The president decides what situations may be declared disasters and dictates the extent of federal assistance.

Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) (Pub. L. No. 93-288, 42 U.S.C.A. § 5121 et seq.), the president may declare a catastrophe either an emergency or a major disaster. This classification is not necessarily indicative of the severity of the event. Instead, the designation determines the extent of federal aid available for the particular calamity. In general, more federal funds are
available for major disasters than for emergencies.

For the president to declare either an emergency or a major disaster, the governor of the affected state must announce that the catastrophe is of such severity that state resources cannot effectively cope with it.

After a formal declaration has been made at the federal level, all authority for disaster relief operations descends from the president, through the FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), and down to other agencies engaged in relief operations. First established in 1979, FEMA coordinates federal efforts related to natural disaster planning, preparedness, response, and recovery. FEMA funds emergency programs and works closely with state and local governments.

After the president declares an emergency or major disaster, FEMA implements the Federal Response Plan. This plan identifies 12 emergency support functions (ESFs), each of which entails a particular aspect of the relief operation, and assigns specific federal agencies to each function. For example, under the Stafford Act, the DEPARTMENT OF DEFENSE (DOD) is the primary agency responsible for ESF 3 (public works and engineering), and ESF 9 (urban search and rescue). The DOD may provide secondary support for all other ESFs.

FEMA administers the President’s Disaster
Assistance Program, which provides supplemental
federal assistance in declared disasters
and emergencies. FEMA also operates the Emergency
Food and Shelter Program, which provides
grants to private, nonprofit organizations
for temporary food and shelter for HOMELESS
PERSONS. In addition, FEMA controls the Federal
Insurance Administration, which oversees
the National Flood Insurance Program, a selfsupporting
program that provides flood insurance
to communities that adopt its floodplain
management regulations to reduce the effect of
future floods.
Although the Stafford Act authorizes the
president to call on the DOD to assist state and
local governments in times of disaster, the use of
the federal armed forces in such situations is
limited by law. For example, the POSSE COMITATUS
Act (18 U.S.C.A. § 1385) prohibits the military
from performing the duties of CIVIL LAW
enforcement. The DOD has no independent
authority to undertake disaster relief operations,
though according to the Stafford Act, it may do
so for an emergency ten-day period before the
president declares an emergency or disaster. In
times of civil disturbance such as the 1992 Los
Angeles riots, the president may issue a proclamation
that permits federal armed forces to take
on law enforcement duties in order to put down
a civil disturbance (10 U.S.C.A. §§ 331–334).
Congress and state legislatures may also
make assistance available in times of disaster.
For example, the Disaster Assistance Act of 1988
(7 U.S.C.A. §§ 1421, 1471; 26 U.S.C.A. § 451)
made $5 billion available to farmers during a
severe drought. Farmers who had lost more than
35 percent of their crops could receive up to
$100,000 to cover 65 percent of their losses over
an initial threshold. When Hurricane Hugo hit
the southeastern coastal states in 1989, Congress
approved $1.1 billion in aid only six days later.
Congress has also authorized other agencies
to provide disaster assistance. The Small Business
Administration’s Office of Disaster Assistance
supplies loans to businesses that suffer
economic losses owing to natural disasters. The
AGRICULTURE DEPARTMENT provides emergency
loans to eligible farmers and ranchers for
losses owing to natural disasters. It may also give
farmers cost-sharing assistance as well as the use
of land that was previously set aside for conservation
purposes. The U.S. government’s Agency
for International Development makes disaster
relief and planning available to foreign countries.

Private organizations, including the Red
Cross and the Salvation Army, play a significant
role in disaster relief as well. In 1905, Congress
officially recognized the Red Cross and its role in
responding to significant crises (36 U.S.C.A.
§ 1), and all subsequent federal disaster laws have renewed this recognition. The Red Cross
makes a careful distinction between its humanitarian relief activities, including the provision of food and shelter, and activities that it believes are best handled by government.

Experts on disaster relief have increasingly
called for a greater emphasis on prevention as
opposed to relief. Plans for improved disaster
preparedness often call for a greater use of new
technologies, including satellite and radar technologies that would aid in the early detection of potential disasters.

Before 1950, disaster response was characterized by an ad hoc, or case by case, approach. Relief involved a reaction to specific crises with little planning or preparation for future disasters. Then, as now, it was initially activated by
local or state officials, and, if necessary, appeals
were made to the federal government. Such an
approach was often so disorganized that it frustrated
effective disaster relief. Federal aid was
rarely immediate and instead came some time
after a disaster had occurred. Critics often complained
that the federal response to disasters was
dilatory, insufficient, and inconsistent.
During the 1930s, the expansion of the federal
government under the New Deal—including
greater federal participation in public works
projects—led to a greater federal role in disaster
assistance. NEW DEAL agencies such as the
Reconstruction Finance Corporation, Federal
Emergency Relief Administration, Federal Civilian
Works Administration, Works Progress
Administration, and Civilian Conservation
Corps all participated in disaster control and
recovery. The Army Corps of Engineers helped
communities to prevent and recover from flood
damage, and the DEPARTMENT OF AGRICULTURE
offered aid to farmers who sustained economic
losses in disasters. The 1930s marked the federal
government’s first use of low-interest loans and
outright grants for disaster relief—both features
of subsequent disaster laws. During this same
decade, Congress considered making the American
Red Cross a government agency, but Red
Cross officials chose to keep their organization
private.
With the passage of the Disaster Relief Act of
1950 (Pub. L. No. 81-875, 64 Stat. 1109), Congress
for the first time authorized a coordinated
federal response to major disasters. The act,
which was repealed in 1970, defined a disaster as
“[a]ny flood, drought, fire, hurricane, earthquake,
storm, or other catastrophe in any part of
the U.S. which in the determination of the President,
is or threatens to be of sufficient severity
and magnitude to warrant disaster assistance by
the Federal government.” Significantly, this definition
gave the president broad powers to
respond to a crisis, powers that are related to the
president’s role as commander in chief of the
nation’s military and that have remained in all
subsequent federal disaster legislation.
Later laws gradually increased the scope of
federal disaster assistance. In the 1950s and
1960s, Congress authorized the provision of
temporary shelter, surplus federal supplies,
loans, and unemployment assistance for disaster
victims.Many of these features were later incorporated
into the comprehensive Disaster Relief
Act of 1970 (84 Stat. 1744 [42 U.S.C.A. § 4401 et
seq.]). This act also offered generous assistance
for the reconstruction of public facilities,
authorizing 100 percent federal financing for
such projects even when reconstruction went
beyond damage caused by a particular disaster.
The Stafford Act expanded further the role
of the federal government in disaster relief.
Under this legislation, the federal government
may provide grants to fund a number of additional
forms of assistance: the full cost for the
reconstruction of certain private, nonprofit
facilities and owner-occupied private residential
structures; loans to local governments to cover
operating expenses; free temporary housing for
up to 12 months; the installation of essential
utilities; mortgage or rental payments to individuals
for up to one year; and food stamps,
legal services, and counseling services for lowincome
citizens. The act also includes an
unprecedented authorization of long-range
community economic recovery programs for
disaster areas. Under these provisions, recovery
planning councils develop five-year recovery
investment plans, which are eligible to receive
up to 90 percent of their funding from the federal
government.
In 1979, concerns about overly bureaucratic
procedures and a lack of coordination in government
efforts to respond to disasters, as well
as the need for improved programs for disaster
prevention and preparedness, led to the creation
of FEMA. A poor federal response to disasters
such as Hurricane Hugo and the Loma Prieta
earthquake, both occurring in 1989, prompted
calls for a greater use of the military in disaster
relief. In 1993, amendments to the Stafford Act
empowered the president to more readily call on
the federal armed forces to assist in disaster
relief.
Disaster Relief for September 11
Victims
The SEPTEMBER 11, 2001, TERRORIST ATTACKS
against the United States triggered what
became an unprecedented level of federal disaster
relief. The twin towers at the World Trade
Center complex in New York City collapsed after
being targeted by two hijacked commercial airliners,
and four other buildings partially collapsed
shortly thereafter. Several nearby
buildings also suffered extensive collateral damage.
After the World Trade Center attacks,
another hijacked plane was deliberately crashed
into the Pentagon and a fourth hijacked plane
crashed in Somerset County, Pennsylvania.
In response to the attacks, President GEORGE
W. BUSH immediately signed a major disaster
declaration for 5 counties in New York. The disaster
declaration was amended on September 27
and again on October 2, 2001, making all counties
in the state of New York eligible for some
form of federal disaster assistance in the wake of
the terrorist attack. The president also promptly
declared a federal emergency in Virginia under
subsection 501(b) of the Stafford Act, and a
short time later declared a major disaster in Virginia
to trigger a broader range of Stafford-Act
responses.
In addition, the president declared an emergency
for all 21 counties in New Jersey. These
declarations made available federal programs
that provide assistance for families and individuals
victimized by the attacks.Normally, the federal
government provides 75 percent of the
disaster response costs with the remaining 25
percent of the costs undertaken by non-federal
entities. However, FEMA reimbursed the states
and affected local governments for 100 percent
of the eligible costs for debris removal, emergency
protective measures, and public infrastructure
rebuilding costs in response to the
September 11 terrorist attacks.
Minutes after the first hijacked airplane hit
the World Trade Center, FEMA activated a full
Emergency Support Team at its National Interagency
Emergency Operations Center in Washington,
D.C. Federal officials immediately began
arriving at the center to coordinate the nationwide
response and recovery effort. Some 1,800
federal workers were deployed to New York to
support the disaster response, about 800 from
FEMA and almost 1,000 from other federal
departments and agencies.
FEMA’S top priorities throughout its entire
disaster response effort included: (1) providing
urban search and rescue support; (2) assisting in
life saving operations; (3) meeting individual
and public assistance needs; (4) implementing
human services and victims assistance programs;
and (5) assisting in debris removal
(FEMA helped remove close to 1.4 million tons
of debris from the disaster areas, then transported
the debris to the sorting and disposal site
at the Staten Island landfill).
The New York City Office of Emergency
Management’s US&R Task Force was among the
first responders at the World Trade Center. The
New York Force is part of FEMA’s 28 Task Forces
that make up the National US&R Response System.
Its Task Force leader, Chief Raymond
Downey, was one of the first responders on the
scene, where he ultimately died during search
and rescue operations. The DEPARTMENT OF
HEALTH AND HUMAN SERVICES and PUBLIC HEALTH SERVICE played an important role in the
health and medical response. One hundred and
sixty-seven persons were assigned to Disaster
Medical Assistance Teams and a Medical Support
Team to support the response in New York
and remain in the City. Thirty-three Centers for
Disease Control epidemiologists were assigned
to track illness trends. A Veterinary Medical
Assistance Team was deployed to treat the rescue
dogs.
Since the Stafford Act prohibits FEMA from
duplicating disaster assistance, FEMA had to be
very careful in coordinating its activities with all
of the organizations providing disaster relief.
For example, FEMA worked with the Department
of Justice’s Office for Victims of Crime to
maximize the investigative resources deployed at
Ground Zero, which was not only a disaster area
but a crime scene as well. FEMA also deployed
resources to non-governmental organizations
that were having difficulty managing the flood
of charitable donations made by people around
the world. Finally, FEMA worked with the
NATIONAL TRANSPORTATION SAFETY BOARD
(NTSB) to provide assistance from United and
American Airlines to the families of the victims.

FURTHER READINGS
Copelan, John J., Jr. 1995. “Disaster Law and Hurricane
Andrew: Government Lawyers Leading the Way to
Recovery.” Urban Lawyer 27 (winter).
Ferris, Elizabeth G. 1998. Uprooted!: Refugees and Forced
Migrants. New York: Friendship.
Junger, Sebastian. 2001. Fire. New York: Norton.
Landis, Michele L. 1998. “Let Me Next Time Be ‘Tried by
Fire’: Disaster Relief and the Origins of the American
Welfare State 1789–1874. Northwestern University Law
Review 92 (spring): 967–1034.
Moss, David A. 2002. When All Else Fails: Government as the
Ultimate Risk Manager. Cambridge, Mass.: Harvard
Univ. Press.
Reitman, Judith. 1996. Bad Blood: Crisis in the American Red
Cross. New York: Kensington.
Stratton, Ruth M. 1989. Disaster Relief: The Politics of Intergovernmental
Relations. Lanham, Md.: Univ. Press of
America.
Swanson, Howard D. 2000. “The Delicate Art of Practicing
Municipal Law Under Conditions of Hell and High
Water. North Dakota Law Review 76 (summer):
487–509.
Tierney, Kathleen J., Michael K. Lindell, and Ronald W.
Perry. 2001. Facing the Unexpected: Disaster Preparedness
and Response in the United States. Washington,
D.C.: Joseph Henry Press.
U.S. Government Manual Website. Available online at
(accessed November
10, 2003).

CROSS-REFERENCES
Refugees.