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1 1 (May 24, 2021)

handle is hein.crs/govedkt0001 and id is 1 raw text is: SCongressional *.Research Service Authorizing Stafford Act Public Assistance Updated May 24, 2021 This Insight reviews the Federal Emergency Management Agency's (FEMA's) proposed rulemaking on assessing requests for Public Assistance (PA) for major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, P.L. 93-288, as amended). FEMA estimates that the rulemaking, if finalized, will significantly reduce PA obligations. The public comment period has closed; FEMA is considering final rulemaking. Current Process to Assess Requests for Public Assistance PA supports state, local, tribal, and territorial governments (SLTTs), and eligible nonprofits when requested by a governor or tribal chief executive and authorized through a presidential Stafford Act declaration of emergency or major disaster (see Figure 1). On average, PA accounts for the largest source of spending authorized under the Stafford Act. FEMA determines whether there are unmet needs that may warrant PA, and makes a recommendation to the President, who has the sole authority to issue a declaration authorizing PA for Emergency Work (debris removal and/or emergency protective measures) and/or Permanent Work (reconstruction of eligible facilities). For major disasters, FEMA uses multiple factors to assess requests for PA. FEMA estimates the cost of PA across the affected jurisdiction (particularly eligible uninsured costs of facility reconstruction). FEMA typically only recommends that the President make PA available when: 1. Estimates exceed $1 million across a state or territory, or $250,000 across a tribe; and 2. Costs for states and territories exceed per-capita indicators annually-adjusted to account for inflation. For FY2021, these indicators are $1.55 across affected states or territories, and $3.89 across affected counties. FEMA exercises discretion when making recommendations to the President. FEMA may consider a recent history of disasters that exhausted SLTT capacity, severe local impacts, or the use of mitigating measures (which may have reduced damages) and recommend approval even when cost thresholds are not met. While no single factor determines FEMA's recommendations, per-capita indicators have historically proved crucial. In 2012, the Government Accountability Office (GAO) found that 99% of analyzed major Congressional Research Service https://crsreports.congress.gov IN11534 CRS INSIGHT Prepared for Members and Committees of Congress

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