Stafford Act and Fiscal Implications for Legal Professionals
Explore the significance of the Stafford Act in disaster relief operations and the fiscal implications it holds. Delve into the legal complexities that impact funding for domestic operations. Stay informed about the key resources available under the Stafford Act and Federalism to aid in disaster response.
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UNCLASSIFIED TJAGLCS Training Package Stafford Act and Fiscal Implications December 2024 SOLDIER FIRST, LAWYER ALWAYS UNCLASSIFIED
UNCLASSIFIED The information provided throughout this training aid does not, and is not intended to, constitute legal advice; instead, all information, laws, statues, content, and materials for this training aid are for general informational purposes only. This training aid may not constitute the most up-to-date legal or other relevant legal information. Judge Advocates need to conduct their own due diligence through independent further legal research on any specific legal issue contained in this training package. No reader, user, or trainee of this product should act or refrain from acting based on information from this training aid without first seeking legal advice from an attorney in the relevant jurisdiction. SOLDIER FIRST, LAWYER ALWAYS UNCLASSIFIED 2
Funding Domestic Operations Stafford Act and Fiscal Implications
Key Resources Overview The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act, P.L. 93288, as amended) confers upon the President a broad set of authorities to alleviate the suffering and damage caused by disasters and to reduce losses from future disasters. DoD 7000.14-R, Financial Management Regulation Volume 11A, Chapter 19 (Defense Support of Civil Authorities), May 2021 Department of Defense (DoD) Directive 3025.18, Defense Support of Civil Authorities, December 29, 2010, Incorporating Change 2, March 19, 2018 42 U.S.C. 5121 5207, The Public Health and Welfare Disaster Relief, commonly referred to as Robert T. Stafford Disaster Relief and Emergency Assistance Act 31 U.S.C. 1535, Agency Agreements, commonly referred to as The Economy Act Chapter 12, Funding, Domestic Operational Law Handbook 2024 Handbook for Judge Advocate The President has delegated much of this authority to the Federal Emergency Management Agency (FEMA).
Stafford Act and Federalism The President may issue two types of declarations under the Stafford Act, a Major Disaster Declaration or an Emergency Declaration, which are the triggers for providing Federal assistance, in response to a request from a State Governor. The underlined words in response to a request emphasize the Tenth Amendment response doctrine that the Federal Government must wait to be invited into a State before rendering assistance for a disaster or emergency
Stafford Act: Funding Congress appropriates the Disaster Relief Fund for FEMA s support to Federal and State Gov t disaster relief efforts Disaster relief participation is not a budgeted program for DoD DRF is a no-year fund available for the purposes of the Stafford Act FEMA uses it to direct, coordinate, manage, and fund eligible response and recovery efforts associated with domestic major disasters and emergencies that overwhelm State resources
Stafford Act: Reimbursable Support Components should seek reimbursement for any DSCA support provided under the Economy or Stafford Acts. DoD FMR Vol. 11A, Ch. 19, para. 8.0 (1908) Units must retain and report all financial records, supporting documents, etc. until the order is closed. DoD FMR Vol. 11A, Ch. 19, paras. 8.3.1 and 8.3.3 (190803) Only the Secretary of Defense has authority to waive reimbursement. DoD FMR Vol. 11A, Ch. 19, para. 8.2 (190802)
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