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1 1 (October 15, 2020)

handle is hein.crs/goveakq0001 and id is 1 raw text is: Congressional ~.Research Service informing the legi Iative d bate since 1914___________________ Authorizing Stafford Act Public Assistance October 15, 2020 This Insight reviews the factors and policy issues that inform the authorization of the Federal Emergency Management Agency's (FEMA's) Public Assistance (PA) program, pursuant to presidential declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, P.L. 93-288, as amended). This Insight also discusses forthcoming rulemaking on the factors authorized by the Disaster Recovery Reform Act of 2018 (DRRA, P.L. 115-254). PA Authorization FEMA's PA program supports state, local, tribal, and territorial governments (hereinafter SLTTs), and eligible nonprofits when authorized through a Stafford Act declaration. The President generally authorizes PA following a request by a governor or tribal chief executive for an emergency or major disaster declaration, when SLTT resources are insufficient to respond and recover (see Figure 1). FEMA determines whether there are unmet needs that may warrant PA, and makes a recommendation to the President, who may then issue a declaration authorizing PA for Emergency Work (debris removal and/or emergency protective measures) and/or Permanent Work (reconstruction of eligible public and nonprofit disaster-damaged facilities). FEMA's method to evaluate requests for PA have raised congressional concern. In 2012, the Government Accountability Office (GAO) found that the thresholds FEMA uses to identify unmet needs had not kept pace with inflation and per-capita income gains. The GAO suggested that FEMA increase the thresholds or identify another metric (e.g., total taxable resources) to assess SLTT capacity to respond and recover. The Department of Homeland Security (DHS) concurred, but the recommendation is unimplemented. The passage of DRRA in 2018 required FEMA to review the PA factors. Forthcoming rulemaking appears that it would implement the GAO's recommendations. Congressional Research Service https://crsreports.congress.gov IN11534 CRS INSIGHT Prepared for Members and Committees of Congress

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