Stafford Act

The Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 provides a means by which the federal government can assist local and state agencies, including public schools, when major disasters or emergencies threaten to overwhelm them. The Stafford Act authorizes the president of the United States to declare “a major disaster” or “an emergency,” whichever is more appropriate in a given situation. In either case, the presidential declaration authorizes a wide range of federal services and resources to supplement limited local and state resources. In all instances, federal assistance is intended to augment state and local attempts to resolve the crisis, and federal funds may not be committed until the state and local agencies document maximum effort.

Last reauthorized in 2000, the Stafford Act includes procedures for requesting and obtaining a presidential declaration, defines the type and scope of federal assistance available in each case, and clarifies the conditions necessary to receive the aid. The Federal Emergency Management Agency, commonly referred to as FEMA, is responsible for coordinating federal support efforts under the Stafford Act through three major categories: individual and household, public, and hazard mitigation assistance. Within these categories, the federal government can provide direct grants for living expenses and funds for temporary housing, repair of public buildings, emergency communications systems, and other purposes.

Unless the major disaster or emergency occurs exclusively or predominately in the federal purview, the governor of an affected state must request assistance and a declaration by the president. Pertinent provisions regarding the two types of declarations are set forth in Section 401 of the Stafford Act, 42 U.S.C. § 5170, with respect to major disasters, and in Section 501, 42 U.S.C. § 5191, with respect to emergencies. The president may respond to a governor's request with a declaration of a major disaster, a declaration of an emergency, or a denial of the request altogether.

Major disasters are defined in the Stafford Act as

Accordingly, § 5170 of the act specifies that gubernatorial requests for major disaster declarations must prove that the disaster is of such magnitude that the state and local government cannot cope with the situation and that federal assistance is required. The state must execute its emergency plan, and state and local expenditures must comply with federal cost-sharing requirements before the federal government may intervene. Finally, the governor's request must demonstrate that federal assistance is necessary to supplement the resources and efforts of the state, local government, disaster relief organizations such as the American Red Cross and the Salvation Army, and compensation by private insurance companies for property loss. Only then may the president declare a major disaster under the Stafford Act.

When an incident that does not rise to the level of a major disaster occurs or threatens to occur, the governor of a state can request that the president declare an emergency. “Emergency” is defined in the Stafford Act as “any occasion or instance for which federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to avert the threat of a catastrophe.” On occasion, the president may declare an emergency that is related to public schools and the educational process. Riots on college and university campuses and public school violence, such as the shootings at Columbine High School in 1999 or at Virginia Tech in 2007, are examples of emergencies that might trigger a presidential declaration. Governors requesting that a state of emergency be declared must show that an emergency actually exists, that state and local governments do not have the personnel or resources to resolve the problem, and that federal help is imperative.

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