USA: +1(669)289-8683 
Sign in
Application: Responding Organizations
The Stafford Act specifically points to national agencies’ involvement in crisis responding. These agencies include the American Red Cross and the Salvation Army along with others. The National Organization for Victim Assistance (NOVA) is one of the oldest crisis response agencies; it was originally established to aid crime victims. Professionals at responding organizations have a number of intervention models available to them. Critical Incident Stress Debriefing (CISD) is a model that has been subject to some criticism because the usefulness of a debriefing or a reliving of a crisis is not always appropriate or helpful. More recently, Psychological First Aid was developed by the National Center for PTSD and the National Child Traumatic Stress Network as an evidence-informed modular approach for intervening with children, adolescents, adults, and families in the immediate aftermath of disaster and terrorism. In this Application Assignment, you explore both responding organizations and the crisis intervention models they employ.
To prepare for this assignment
Review Chapters 13 and 17 in your course text, Crisis Intervention Strategies, and focus on which types of agencies or organizations would be helpful during a disaster/crisis.
Review the article, “Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, and Related Authorities,” paying particular attention to the sections describing response teams and relief organizations.
Review the article, “In the Wake of Hurricane Katrina: Delivering Crisis Mental Health Services to Host Communities,” focusing on multicultural lessons learned. Think about how you would address those using various models of crisis management.
Review the article, “Preparation, Action, Recovery: A Conceptual Framework for Counselor Preparation and Response in Client Crises,” and pay attention to phases of crisis reactions and interventions.
Review the article, “Toward a Positive Perspective on Violence Preventions in Schools: Building Connections,” and think about which violence-prevention models would work best with children.
Research crisis management organizations’ crisis-intervention models, such as the American Red Cross’s model, and think about how they compare with each other.
Review the American Red Cross model and select an additional model with which to compare it in this Assignment.
Think about the recommendations you might make to counselors about choosing a crisis-intervention model.
The assignment: (3 page paper)
Briefly describe the second organization you chose (the organization other than the Red Cross).
Explain the similarities and differences between the American Red Cross model and the other one you selected in terms of their elements and applications.
Explain what recommendations you might make to aid counselors in terms of their selection and/or use of the models.
Support your Application Assignment with specific references to all resources used in its preparation. You are required to provide a reference list and to appropriately cite, APA style, all references used within your assignment.
Course Text: James, R. K. & Gilliland, B.E. (2017). Crisis intervention strategies (8th ed.). Boston, MA: Cengage Learning.
Chapter 13
https://bookshelf.vitalsource.com/books/9781305888081/pageid/450
Chapter 17
https://bookshelf.vitalsource.com/books/9781305888081/pageid/600
RobertT. Stafford Disaster Relief
and Emergency Assistance Act,
as amended, and Related
Authorities
FEMA
5
92, June
2
007
Robert T. Stafford Disaster Relief and Emergency Assistance Act,
Public Law
9
3-288, as amended,
4
2 U.S.C.
51
21-5207,
and Related Authorities
UNITED STATES CODE
TITLE
42
. THE PUBLIC HEALTH AND WELFARE
CHAPTER
6
8. DISASTER RELIEF
Table of Contents
………………………………………………………
1
Sec.
10
1. Congressional Findings and Declarations (42 U.S.C. 5121) …………………………… 1
Sec.
102
. Definitions (42 U.S.C. 5122)* ……………………………………………………………………. 2
…………………………………….
3
Sec.
20
1. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131) ………………. 3
Sec. 202. Disaster Warnings (42 U.S.C. 5132)……………………………………………………………. 4
Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133) …………………………………………… 5
Sec. 204. Interagency Task Force (42 U.S.C. 5134)……………………………………………………..10
……………………..10
Sec.
30
1. Waiver of Administrative Conditions (42 U.S.C. 5141)………………………………….10
Sec. 302. Coordinating Officers (42 U.S.C. 5143)* ……………………………………………………..10
Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144)*………………………….11
Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147)…………………………………..12
Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148)……………………………………12
Sec. 306. Performance of Services (42 U.S.C. 5149) ……………………………………………………13
Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150)*…………………………………..13
Sec. 308. Nondiscrimination
i
n Disaster Assistance (42 U.S.C. 5151)* ………………………….14
Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152)……………………..15
i
Sec.
31
0. Priority to Certain Applications for Public Facility and Public Housing
Assistance (42 U.S.C. 5153) …………………………………………………………………………..15
Sec. 311. Insurance (42 U.S.C. 5154)…………………………………………………………………………16
Prohibited Flood Disaster Assistance (42 U.S.C. 5154a) ………………………………………………17
Sec. 312. Duplication of Benefits (42 U.S.C. 5155)……………………………………………………..18
Sec. 313. Standard of Review (42 U.S.C. 5156)…………………………………………………………..19
Sec. 314. Penalties (42 U.S.C. 5157) ………………………………………………………………………….19
Sec. 315. Availability of Materials (42 U.S.C. 5158)……………………………………………………20
Sec. 316. Protection of Environment (42 U.S.C. 5159)…………………………………………………20
Sec. 317. Recovery of Assistance (42 U.S.C. 5160)……………………………………………………..20
Sec. 318. Audits and Investigations (42 U.S.C. 5161) ………………………………………………….21
Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162) ………………………………………….21
Sec.
32
0. Limitation on Use of Sliding Scale (42 U.S.C. 5163)……………………………………..22
Sec. 321. Rules and Regulations (42 U.S.C. 5164) ………………………………………………………22
Sec. 322. Mitigation Planning (42 U.S.C. 5165) ………………………………………………………….22
Sec. 323. Standards for Public and Private Structures (42 U.S.C. 5165a)………………………..23
Sec. 324. Management Costs (42 U.S.C. 5165b)………………………………………………………….24
Sec. 325. Public Notice, Comment, and Consultation Requirements (42 U.S.C. 5165c) …..24
Sec. 326. Designation of Small State and Rural Advocate (42 U.S.C. 5165d)* ……………….25
………………………………………………………26
Sec.
40
1. Procedure for Declaration (42 U.S.C. 5170)………………………………………………….26
Sec. 402. General Federal Assistance (42 U.S.C. 5170a)*…………………………………………….26
Sec. 403. Essential Assistance (42 U.S.C. 5170b)*………………………………………………………27
Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)* …………………………………………………………29
ii
Sec. 405. Federal Facilities (42 U.S.C. 5171)………………………………………………………………31
Sec. 406. Repair, Restoration, and Replacement of Damaged Facilities
(42 U.S.C. 5172)* …………………………………………………………………………………………31
Sec. 407. Debris Removal (42 U.S.C. 5173)* ……………………………………………………………..39
Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174)* ……………..40
Sec.
41
0. Unemployment Assistance (42 U.S.C. 5177) ………………………………………………..45
Sec. 412. Food Coupons and Distribution (42 U.S.C. 5179)………………………………………….46
Sec. 413. Food Commodities (42 U.S.C. 5180)……………………………………………………………46
Sec. 414. Relocation Assistance (42 U.S.C. 5181) ……………………………………………………….46
Sec. 415. Legal Services (42 U.S.C. 5182)………………………………………………………………….47
Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183) ………………………….47
Sec. 417. Community Disaster Loans (42 U.S.C. 5184)* ……………………………………………..47
Sec. 418. Emergency Communications (42 U.S.C. 5185)……………………………………………..48
Sec. 419. Emergency Public Transportation (42 U.S.C. 5186) ………………………………………48
Sec. 420. Fire Management Assistance (42 U.S.C. 5187) ……………………………………………..48
Sec. 421. Timber Sale Contracts (42 U.S.C. 5188) ………………………………………………………48
Sec. 422. Simplified Procedures (42 U.S.C. 5189)……………………………………………………….49
Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a) ………………………………………50
Sec. 424. Date of Eligibility; Expenses Incurred Before Date of Disaster (42 U.S.C.
5189b) …………………………………………………………………………………………………………50
Sec. 425. Transportation Assistance to Individuals and Households (42 U.S.C. 5189c)* ….50
Sec. 426. Case Management Services (42 U.S.C. 5189d)* ……………………………………………50
Sec. 427. Essential Service Providers (42 U.S.C. 5189e)*…………………………………………….50
iii
……………………………………………………………..51
Sec.
50
1. Procedure for Declaration (42 U.S.C. 5191)………………………………………………….51
Sec. 502. Federal Emergency Assistance (42 U.S.C. 5192)* …………………………………………52
Sec. 503. Amount of Assistance (42 U.S.C. 5193)……………………………………………………….53
……………………………………………………………………….54
Sec.
60
1. Declaration of Policy (42 U.S.C. 5195) ………………………………………………………..54
Sec. 602. Definitions (42 U.S.C. 5195a)……………………………………………………………………..54
Sec. 603. Administration of Title (42 U.S.C. 5195b) ……………………………………………………56
SUBTITLE A – POWERS AND DUTIES …………………………………………………………………….56
Sec.
61
1. Detailed Functions or Administration (42 U.S.C. 5196)* ……………………………….56
Sec. 612. Mutual Aid Pacts Between States and Neighboring Countries (42 U.S.C.
5196a) …………………………………………………………………………………………………………61
Sec. 613. Contributions for Personnel and Administrative Expenses (42 U.S.C. 5196b)* …61
Sec. 614. Requirement for State Matching Funds for Construction of Emergency
Operating Centers (42 U.S.C. 5196c) ………………………………………………………………63
Sec. 615. Use of Funds to Prepare for and Respond to Hazards (42 U.S.C. 5196d) ………….63
Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f)* ……………………………..63
SUBTITLE B – GENERAL PROVISIONS …………………………………………………………………..64
Sec.
62
1. Administrative Authority (42 U.S.C. 5197)…………………………………………………..64
Sec. 622. Security Regulations (42 U.S.C. 5197a) ……………………………………………………….65
Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b)…………………………………………………67
Sec. 624. Annual Report to Congress (42 U.S.C. 5197c) ………………………………………………67
Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d) ……………………………………………..67
Sec. 626. Authorization of Appropriation and Transfers of Funds (42 U.S.C. 5197e) ………67
iv
Sec. 627. Relation to Atomic Energy Act of
19
54 (42 U.S.C. 5197f)……………………………..68
Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)………………………………………..68
Title VII – Miscellaneous………………………………………………………………………………………..68
Sec.
7
01. Rules and Regulations (42 U.S.C.
52
01) ………………………………………………………68
Sec.
70
5. Disaster Grant Closeout Procedures (42 U.S.C. 5205) ……………………………………68
Sec. 706. Firearms Policies (42 U.S.C. 5207)* ……………………………………………………………69
* This section of the Stafford Act has been amended by either the Department of
Homeland Security Appropriations Act of 2007, Pub. L. No.
109
-295,
12
0 Stat.1355
(2006), signed on October 4, 2006, the Pets Evacuation and Transportation Standards
Act of 2006, Pub. L. No 109-308, 120 Stat.
17
25 (2006), signed on October 6, 2006, or
the Security and Accountability for Every Port Act of 2006, Pub. L. No. 109-347, 120
Stat.
18
84 (2006), signed on October
13
, 2006. The changes are effective for
emergencies or major disasters declared on or after October 4, 6, or 13, 2006. For
events before those dates, please consult an earlier
v
ersion of the Stafford Act.
v
MISCELLANEOUS STATUTORY PROVISIONS THAT RELATE TO THE
STAFFORD ACT…………………………………………………………………………………………………………..71
Excess Disaster Assistance Payments as Budgetary Emergency Requirements
(42 U.S.C. 5203) …………………………………………………………………………………………..71
Insular Areas Disaster Survival and Recovery; Definitions
(42 U.S.C. 5204) ………………………………………………………………………………………….71
Authorization of Appropriations for Insular Areas (Disaster Recovery)
(42 U.S.C. 5204a) …………………………………………………………………………………………71
Technical Assistance for Insular Areas (Disaster Recovery)
(42 U.S.C. 5204b) …………………………………………………………………………………………72
Hazard Mitigation for Insular Areas (Limitation on Amount of Contributions,
Local Match) (42 U.S.C. 5204c)……………………………………………………………………..72
Buy American (Requirements) (42 U.S.C. 5206)………………………………………………73
U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007, Pub. L. No.
11
0-28, 121 Stat.
112
(2007), Signed on May
25, 2007………………………………………………………………………………………………………………….74
Sec.
45
01. (100% Federal Share for Katrina, Wilma, Dennis, and Rita) ………………74
Sec. 4502. (Allowing Community Disaster Loans To Be Canceled) ……………………74
Sec. 4503. (Paying Utility Costs for 2005 Hurricanes Extended to
24
Months) …….75
Department of Homeland Security Appropriations Act, 2007, Pub. L. No. 109-295,
120 Stat. 1355 (2006), Signed on October 4, 2006 [Includes Post-Katrina Emergency
Reform Act (PKEMRA)] …………………………………………………………………………………………..75
Sec. 508. (Notifying Congressional Committees before Announcement of
Grants FY 2007) …………………………………………………………………………………………..75
Sec.
53
6. (Accounting for Needs of Individuals with Household Pets and
Service Animals)…………………………………………………………………………………………..75
Title VI – National Emergency Management………………………………………………..76
Sec. 601. Short Title (6 U.S.C. 701 note) …………………………………………………………76
Sec. 612. (References to Director of FEMA Considered to Refer to
Administrator of FEMA) (6 U.S.C. 313 note and 6 U.S.C. 311 note)…………………..76
vi
Sec.
64
0a. Disclosure of Certain Information to Law Enforcement
Agencies (6 U.S.C.
72
7) ………………………………………………………………………………..76
Sec.
65
3. Federal Preparedness (Prescripted Mission Assignments) (6 U.S.C.
753) …………………………………………………………………………………………………………….76
SUBTITLE E – STAFFORD ACT AMENDMENTS……………………………………………77
Sec.
68
2. National Disaster Recovery Strategy (6 U.S.C.
77
1)……………………………77
Sec. 683. National Disaster Housing Strategy (6 U.S.C. 772)……………………………..78
Sec. 689. Individuals with Disabilities (6 U.S.C. 773) ……………………………………….79
Sec. 689b. Reunification (Child Locator Center) (6 U.S.C. 774) …………………………80
Sec. 689c. National Emergency Family Registry and Locator System (6 U.S.C.
775) …………………………………………………………………………………………………………….81
Sec. 689i. Individuals and Households Pilot Program (6 U.S.C. 776) …………………82
Sec. 689j. Public Assistance Pilot Program (6 U.S.C. 777)………………………………..84
Sec. 689k. Disposal of Unused Temporary Housing Units …………………………………85
SUBTITLE F – PREVENTION OF FRAUD, WASTE, AND ABUSE ……………………86
Sec.
69
1. Advance Contracting (6 U.S.C.
79
1) …………………………………………………86
Sec. 692. Limitations on Tiering of Subcontractors (6 U.S.C. 792)……………………..87
Sec. 693. Oversight and Accountability of Federal Disaster Expenditures (6
U.S.C. 793) ………………………………………………………………………………………………….87
Sec. 695. Limitation on Length of Certain Noncompetitive Contracts (6 U.S.C.
794) …………………………………………………………………………………………………………….89
Sec. 696. Fraud, Waste, and Abuse Controls (6 U.S.C. 795) ………………………………89
Sec. 697. Registry of Disaster Response Contractors (6 U.S.C. 796) …………………..90
Sec. 698. Fraud Prevention Training Program (6 U.S.C. 797) …………………………….91
vii
Emergency Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006, Pub. L. No. 109-234, 120 Stat. 418 (2006),
Signed on June
15
, 2006………………………………………………………………………………………….91
Sec. 2401. (Paying Utility Costs for 2005 Hurricanes) ………………………………………91
Sec. 2403 (Alternative Housing Pilot Programs)………………………………………………91
viii
HOMELAND SECURITY ACT OF 2002, as amended, 6 U.S.C. 311-321j ……………………….
93
Title V–National Emergency Management………………………………………………….. 93
Sec. 501. Definitions (6 U.S.C. 311) ………………………………………………………………. 93
Sec. 502. Definition (6 U.S.C. 312) …………………………………………………………………
94
Sec. 503. Federal Emergency Management Agency (6 U.S.C. 313)……………………. 94
Sec. 504. Authorities and Responsibilities (6 U.S.C. 314) ………………………………….
96
Sec. 505. Functions Transferred (U.S.C. 315) …………………………………………………..
99
Sec. 506. Preserving the Federal Emergency Management Agency
(6 U.S.C. 316) ……………………………………………………………………………………………… 99
Sec. 507. Regional Offices (6 U.S.C. 317) ……………………………………………………….100
Sec. 508. National Advisory Council (6 U.S.C. 318) …………………………………………103
Sec. 509. National Integration Center (6 U.S.C. 319) ………………………………………..104
Sec. 510. Credentialing and Typing (6 U.S.C. 320) …………………………………………..106
Sec. 511. The National Infrastructure Simulation and Analysis Center
(6 U.S.C. 321) ………………………………………………………………………………………………106
Sec. 512. Evacuation Plans and Exercises (6 U.S.C. 321a)…………………………………107
Sec. 513. Disability Coordinator (6 U.S.C. 321b) ……………………………………………..108
Sec. 514. Department and Agency Officials (6 U.S.C. 321c) ……………………………..109
Sec. 515. National Operations Center (6 U.S.C. 321d) ………………………………………110
Sec. 516. Chief Medical Officer (6 U.S.C. 321e) ………………………………………………110
Sec. 517. Nuclear Incident Response (6 U.S.C. 321f) ………………………………………..111
Sec. 518. Conduct of Certain Public Health-related Activities (6 U.S.C. 321g) …….111
Sec. 519. Use of National Private Sector Networks in Emergency Response
(6 U.S.C. 321h) …………………………………………………………………………………………….111
ix
x
Sec. 520. Use of Commercially Available Technology, Goods and Services
(6 U.S.C. 321i) ……………………………………………………………………………………………..112
Sec. 521. Procurement of Security Countermeasures for Strategic National
Stockpile (6 U.S.C. 321j) ……………………………………………………………………………….112
Title I — Findings, Declarations and Definitions
Sec.
101
. Congressional Findings and Declarations (42 U.S.C. 5121)
(a) The Congress hereby finds and declares that –
(1) because disasters often cause loss of life, human suffering, loss of income,
and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and
communities, and adversely affect individuals and families with great
severity; special measures, designed to assist the efforts of the affected
States in expediting the rendering of aid, assistance, and emergency
services, and the reconstruction and rehabilitation of devastated areas, are
necessary.
(b) It is the intent of the Congress, by this Act, to provide an orderly and continuing
means of assistance by the Federal Government to State and local governments in
carrying out their responsibilities to alleviate the suffering and damage which result
from such disasters by –
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and
assistance plans, programs, capabilities, and organizations by the States and
by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness
and relief programs;
(4) encouraging individuals, States, and local governments to protect
themselves by obtaining insurance coverage to supplement or replace
governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters,
including development of land use and construction regulations; and
(6) providing Federal assistance programs for both public and private losses
sustained in disasters
1
Sec. 102. Definitions (42 U.S.C. 5122)*
As used in this Act –
(1) “Emergency” means any occasion or instance for which, in the determination of the
President, 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
lessen or avert the threat of a catastrophe in any part of the United States.
(2) “Major disaster” means any natural catastrophe (including any hurricane, tornado,
storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic
eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any
fire, flood, or explosion, in any part of the United States, which in the determination
of the President causes damage of sufficient severity and magnitude to warrant
major disaster assistance under this Act to supplement the efforts and available
resources of States, local governments, and disaster relief organizations in
alleviating the damage, loss, hardship, or suffering caused thereby.
(3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(4) “State” means any State of the United States, the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(5) “Governor” means the chief executive of any State.
(6) “Individual with a Disability”- The term “individual with a disability” means an
individual with a disability as defined in section 3(2) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(2)).
(7) The term “local government” means –
(A) a county, municipality, city, town, township, local public authority, school
district, special district, intrastate district, council of governments
(regardless of whether the council of governments is incorporated as a
nonprofit corporation under State law), regional or interstate government
entity, or agency or instrumentality of a local government;
(B) an Indian tribe or authorized tribal organization, or Alaska Native village or
organization; and
(C) a rural community, unincorporated town or village, or other public entity,
for which an application for assistance is made by a State or political
subdivision of a State.
(8) “Federal agency” means any department, independent establishment, Government
corporation, or other agency of the executive branch of the Federal Government,
2
including the United States Postal Service, but shall not include the American
National Red Cross.
(9) “Public facility” means the following facilities owned by a State or local
government:
(A) Any flood control, navigation, irrigation, reclamation, public power, sewage
treatment and collection, water supply and distribution, watershed
development, or airport facility.
(B) Any non-Federal-aid street, road, or highway.
(C) Any other public building, structure, or system, including those used for
educational, recreational, or cultural purposes.
(D) Any park.
(10) Private nonprofit facility –
(A) In General – The term “private nonprofit facility” means private nonprofit
educational, utility, irrigation, emergency, medical, rehabilitational, and
temporary or permanent custodial care facilities (including those for the
aged and disabled) and facilities on Indian reservations, as defined by the
President.
(B) Additional Facilities – In addition to the facilities described in subparagraph
(A), the term “private nonprofit facility” includes any private nonprofit
facility that provides essential services of a governmental nature to the
general public (including museums, zoos, performing arts facilities,
community arts centers, libraries, homeless shelters, senior citizen centers,
rehabilitation facilities, shelter workshops, and facilities that provide health
and safety services of a governmental nature), as defined by the President.
Title II — Disaster Preparedness and Mitigation
Assistance
Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C.
5131)
(a) Utilization of services of other agencies – The President is authorized to establish a
program of disaster preparedness that utilizes services of all appropriate agencies
and includes –
(1) preparation of disaster preparedness plans for mitigation, warning,
emergency operations, rehabilitation, and recovery;
(2) training and exercises;
(3) postdisaster critiques and evaluations;
(4) annual review of programs;
3
(5) coordination of Federal, State, and local preparedness programs;
(6) application of science and technology;
(7) research.
(b) Technical assistance for the development of plans and programs – The President
shall provide technical assistance to the States in developing comprehensive plans
and practicable programs for preparation against disasters, including hazard
reduction, avoidance, and mitigation; for assistance to individuals, businesses, and
State and local governments following such disasters; and for recovery of damages
or destroyed public and private facilities.
(c) Grants to States for development of plans and programs – Upon application by a
State, the President is authorized to make grants, not to exceed in the aggregate to
such State $250,000, for the development of plans, programs, and capabilities for
disaster preparedness and prevention. Such grants shall be applied for within one
year from May
22
, 1974. Any State desiring financial assistance under this section
shall designate or create an agency to plan and administer such a disaster
preparedness program, and shall, through such agency, submit a State plan to the
President, which shall
(1) set forth a comprehensive and detailed State program for preparation
against and assistance following, emergencies and major disasters,
including provisions for assistance to individuals, businesses, and local
governments; and
(2) include provisions for appointment and training of appropriate staffs,
formulation of necessary regulations and procedures and conduct of
required exercises.
(d) Grants for improvement, maintenance, and updating of State plans – The President
is authorized to make grants not to exceed 50 per centum of the cost of improving,
maintaining and updating State disaster assistance plans, including evaluations of
natural hazards and development of the programs and actions required to mitigate
such hazards; except that no such grant shall exceed $50,000 per annum to any
State.
Sec. 202. Disaster Warnings (42 U.S.C. 5132)
(a) Readiness of Federal agencies to issue warnings to state and local officials – The
President shall insure that all appropriate Federal agencies are prepared to issue
warnings of disasters to State and local officials.
(b) Technical assistance to State and local governments for effective warnings – The
President shall direct appropriate Federal agencies to provide technical assistance
4
to State and local governments to insure that timely and effective disaster warning
is provided.
(c) Warnings to governmental authorities and public endangered by disaster – The
President is authorized to utilize or to make available to Federal, State, and local
agencies the facilities of the civil defense communications system established and
maintained pursuant to section 5196(c) of this title or any other Federal
communications system for the purpose of providing warning to governmental
authorities and the civilian population in areas endangered by disasters.
(d) Agreements with commercial communications systems for use of facilities – The
President is authorized to enter into agreements with the officers or agents of any
private or commercial communications systems who volunteer the use of their
systems on a reimbursable or nonreimbursable basis for the purpose of providing
warning to governmental authorities and the civilian population endangered by
disasters.
Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133)
(a) Definition of Small Impoverished Community – In this section, the term “small
impoverished community” means a community of 3,000 or fewer individuals that
is economically disadvantaged, as determined by the State in which the community
is located and based on criteria established by the President.
(b) Establishment of Program – The President may establish a program to provide
technical and financial assistance to States and local governments to assist in the
implementation of predisaster hazard mitigation measures that are cost-effective
and are designed to reduce injuries, loss of life, and damage and destruction of
property, including damage to critical services and facilities under the jurisdiction
of the States or local governments.
(c) Approval by President – If the President determines that a State or local
government has identified natural disaster hazards in areas under its jurisdiction
and has demonstrated the ability to form effective public-private natural disaster
hazard mitigation partnerships, the President, using amounts in the National
Predisaster Mitigation Fund established under subsection (i) (referred to in this
section as the “Fund”), may provide technical and financial assistance to the State
or local government to be used in accordance with subsection (e).
(d) State Recommendations –
(1) In general –
(A) Recommendations -The Governor of each State may recommend to
the President not fewer than five local governments to receive
assistance under this section.
5
(B) Deadline for submission -The recommendations under subparagraph
(A) shall be submitted to the President not later than October 1,
2001, and each October 1st thereafter or such later date in the year
as the President may establish.
(C) Criteria – In making recommendations under subparagraph (A), a
Governor shall consider the criteria specified in subsection (g).
(2) Use –
(A) In general – Except as provided in subparagraph (B), in providing
assistance to local governments under this section, the President
shall select from local governments recommended by the Governors
under this subsection.
(B) Extraordinary circumstances – In providing assistance to local
governments under this section, the President may select a local
government that has not been recommended by a Governor under
this subsection if the President determines that extraordinary
circumstances justify the selection and that making the selection
will further the purpose of this section.
(3) Effect of failure to nominate – If a Governor of a State fails to submit
recommendations under this subsection in a timely manner, the President
may select, subject to the criteria specified in subsection (g), any local
governments of the State to receive assistance under this section.
(e) Uses of Technical and Financial Assistance –
(1) In general – Technical and financial assistance provided under this section
(A) shall be used by States and local governments principally to
implement predisaster hazard mitigation measures that are cost-
effective and are described in proposals approved by the President
under this section; and
(B) may be used –
(i) to support effective public-private natural disaster hazard
mitigation partnerships;
(ii) to improve the assessment of a community’s vulnerability to
natural hazards; or
(iii) to establish hazard mitigation priorities, and an appropriate
hazard mitigation plan, for a community
(2) Dissemination – A State or local government may use not more than 10
percent of the financial assistance received by the State or local government
under this section for a fiscal year to fund activities to disseminate
information regarding cost-effective mitigation technologies.
6
(f) Allocation of Funds – The amount of financial assistance made available to a State
(including amounts made available to local governments of the State) under this
section for a fiscal year –
(1) shall be not less than the lesser of –
(A) $500,000; or
(B) the amount that is equal to 1.0 percent of the total funds
appropriated to carry out this section for the fiscal year;
(2) shall not exceed 15 percent of the total funds described in paragraph (1)(B);
and
(3) shall be subject to the criteria specified in subsection (g).
(g) Criteria for Assistance Awards – In determining whether to provide technical and
financial assistance to a State or local government under this section, the President
shall take into account –
(1) the extent and nature of the hazards to be mitigated;
(2) the degree of commitment by the State or local government to reduce
damages from future natural disasters;
(3) the degree of commitment by the State or local government to support
ongoing non-Federal support for the hazard mitigation measures to be
carried out using the technical and financial assistance;
(4) the extent to which the hazard mitigation measures to be carried out using
the technical and financial assistance contribute to the mitigation goals and
priorities established by the State;
(5) the extent to which the technical and financial assistance is consistent with
other assistance provided under this Act;
(6) the extent to which prioritized, cost-effective mitigation activities that
produce meaningful and definable outcomes are clearly identified;
(7) if the State or local government has submitted a mitigation plan under
section 5165 of this title, the extent to which the activities identified under
paragraph (6) are consistent with the mitigation plan;
(8) the opportunity to fund activities that maximize net benefits to society;
(9) the extent to which assistance will fund mitigation activities in small
impoverished communities; and
7
(10) such other criteria as the President establishes in consultation with State
and local governments.
(h) Federal Share –
(1) In general – Financial assistance provided under this section may contribute
up to
75
percent of the total cost of mitigation activities approved by the
President.
(2) Small impoverished communities – Notwithstanding paragraph (1), the
President may contribute up to
90
percent of the total cost of a mitigation
activity carried out in a small impoverished community.
(i) National Predisaster Mitigation Fund –
(1) Establishment – The President may establish in the Treasury of the United
States a fund to be known as the “National Predisaster Mitigation Fund”, to
be used in carrying out this section.
(2) Transfers to fund – There shall be deposited in the Fund –
(A) amounts appropriated to carry out this section, which shall remain
available until expended; and
(B) sums available from gifts, bequests, or donations of services or
property received by the President for the purpose of predisaster
hazard mitigation.
(3) Expenditures from fund – Upon request by the President, the Secretary of
the Treasury shall transfer from the Fund to the President such amounts as
the President determines are necessary to provide technical and financial
assistance under this section.
(4) Investment of amounts –
(A) In general – The Secretary of the Treasury shall invest such portion
of the Fund as is not, in the judgment of the Secretary of the
Treasury, required to meet current withdrawals. Investments may be
made only in interest-bearing obligations of the United States.
(B) Acquisition of obligations – For the purpose of investments under
subparagraph (A), obligations may be acquired –
(i) on original issue at the issue price; or
(ii) by purchase of outstanding obligations at the market price.
(C) Sale of obligations – Any obligation acquired by the Fund may be
sold by the Secretary of the Treasury at the market price.
(D) Credits to fund – The interest on, and the proceeds from the sale or
redemption of, any obligations held in the Fund shall be credited to
and form a part of the Fund.
8
(E) Transfers of amounts –
(i) In general – The amounts required to be transferred to the
Fund under this subsection shall be transferred at least
monthly from the general fund of the Treasury to the Fund
on the basis of estimates made by the Secretary of the
Treasury.
(ii) Adjustments – Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(j) Limitation on Total Amount of Financial Assistance – The President shall not
provide financial assistance under this section in an amount greater than the
amount available in the Fund.
(k) Multihazard Advisory Maps –
(1) Definition of multihazard advisory map – In this subsection, the term
“multihazard advisory map” means a map on which hazard data concerning
each type of natural disaster is identified simultaneously for the purpose of
showing areas of hazard overlap.
(2) Development of maps – In consultation with States, local governments, and
appropriate Federal agencies, the President shall develop multihazard
advisory maps for areas, in not fewer than five States, that are subject to
commonly recurring natural hazards (including flooding, hurricanes and
severe winds, and seismic events).
(3) Use of technology – In developing multihazard advisory maps under this
subsection, the President shall use, to the maximum extent practicable, the
most cost-effective and efficient technology available.
(4) Use of maps –
(A) Advisory nature – The multihazard advisory maps shall be
considered to be advisory and shall not require the development of
any new policy by, or impose any new policy on, any government or
private entity.
(B) Availability of maps – The multihazard advisory maps shall be made
available to the appropriate State and local governments for the
purposes of –
(i) informing the general public about the risks of natural
hazards in the areas described in paragraph (2);
(ii) supporting the activities described in subsection (e); and
(iii)other public uses.
9
(l) Report on Federal and State Administration – Not later than Oct. 30, 2000, the
President, in consultation with State and local governments, shall submit to
Congress a report evaluating efforts to implement this section and recommending a
process for transferring greater authority and responsibility for administering the
assistance program established under this section to capable States.
(m) Termination of Authority – The authority provided by this section terminates
September 30, 2008.
Sec. 204. Interagency Task Force (42 U.S.C. 5134)
(a) In General – The President shall establish a Federal interagency task force for the
purpose of coordinating the implementation of predisaster hazard mitigation
programs administered by the Federal Government.
(b) Chairperson – The Director of the Federal Emergency Management Agency shall
serve as the chairperson of the task force.
(c) Membership – The membership of the task force shall include representatives of
(1) relevant Federal agencies;
(2) State and local government organizations (including Indian tribes); and
(3) the American Red Cross.
Title III — Major Disaster and Emergency Assistance
Administration
Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141)
Any Federal agency charged with the administration of a Federal assistance program may,
if so requested by the applicant State or local authorities, modify or waive, for a major
disaster, such administrative conditions for assistance as would otherwise prevent the
giving of assistance under such programs if the inability to meet such conditions is a result
of the major disaster.
Sec. 302. Coordinating Officers (42 U.S.C. 5143)*
(a) Appointment of Federal coordinating officer – Immediately upon his declaration of
a major disaster or emergency, the President shall appoint a Federal coordinating
officer to operate in the affected area.
10
(b) Functions of Federal coordinating officer – In order to effectuate the purposes of
this Act, the Federal coordinating officer, within the affected area, shall
(1) make an initial appraisal of the types of relief most urgently needed;
(2) establish such field offices as he deems necessary and as are authorized by
the President;
(3) coordinate the administration of relief, including activities of the State and
local governments, the American National Red Cross, the Salvation Army,
the Mennonite Disaster Service, and other relief or disaster assistance
organizations, which agree to operate under his advice or direction, except
that nothing contained in this Act shall limit or in any way affect the
responsibilities of the American National Red Cross under the Act of
January 5, 1905, as amended (33 Stat.
59
9) and
(4) take such other action, consistent with authority delegated to him by the
President, and consistent with the provisions of this Act, as he may deem
necessary to assist local citizens and public officials in promptly obtaining
assistance to which they are entitled.
(c) State Coordinating officer – When the President determines assistance under this
Act is necessary, he shall request that the Governor of the affected State designate
a State coordinating officer for the purpose of coordinating State and local disaster
assistance efforts with those of the Federal Government.
(d) Where the area affected by a major disaster or emergency includes parts of more
than 1 State, the President, at the discretion of the President, may appoint a single
Federal coordinating officer for the entire affected area, and may appoint such
deputy Federal coordinating officers to assist the Federal coordinating officer as
the President determines appropriate.
Sec. 303. Emergency Support and Response Teams (42 U.S.C. 5144)*
(a) Emergency Support Teams – The President shall form emergency support teams of
Federal personnel to be deployed in an area affected by a major disaster or
emergency. Such emergency support teams shall assist the Federal coordinating
officer in carrying out his responsibilities pursuant to this Act. Upon request of the
President, the head of any Federal agency is directed to detail to temporary duty
with the emergency support teams on either a reimbursable or nonreimbursable
basis, as is determined necessary by the President, such personnel within the
administrative jurisdiction of the head of the Federal agency as the President may
need or believe to be useful for carrying out the functions of the emergency support
teams, each such detail to be without loss of seniority, pay, or other employee
status.
11
(b) Emergency Response Teams-
(1) Establishment – In carrying out subsection (a), the President, acting through
the Director of the Federal Emergency Management Agency, shall
establish-
(A) at a minimum 3 national response teams; and
(B) sufficient regional response teams, including Regional Office strike
teams under section 507 of the Homeland Security Act of 2002; and
(C) other response teams as may be necessary to meet the incident
management responsibilities of the Federal Government.
(2) Target Capability Level – The Director shall ensure that specific target
capability levels, as defined pursuant to the guidelines established under
section 646(a) of the Post-Katrina Emergency Management Reform Act of
2006, are established for Federal emergency response teams.
(3) Personnel – The President, acting through the Director, shall ensure that the
Federal emergency response teams consist of adequate numbers of properly
planned, organized, equipped, trained, and exercised personnel to achieve
the established target capability levels. Each emergency response team
shall work in coordination with State and local officials and onsite
personnel associated with a particular incident.
(4) Readiness Reporting – The Director shall evaluate team readiness on a
regular basis and report team readiness levels in the report required under
section 652(a) of the Post-Katrina Emergency Management Reform Act of
2006.
Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147)
Federal agencies may be reimbursed for expenditures under this Act from funds
appropriated for the purposes of this Act. Any funds received by Federal agencies as
reimbursement for services or supplies furnished under the authority of this Act shall be
deposited to the credit of the appropriation or appropriations currently available for such
services or supplies.
Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148)
The Federal Government shall not be liable for any claim based upon the exercise or
performance of or the failure to exercise or perform a discretionary function or duty on the
part of a Federal agency or an employee of the Federal Government in carrying out the
provisions of this Act.
12
Sec. 306. Performance of Services (42 U.S.C. 5149)
(a) Utilization of services or facilities of State and local governments – In carrying out
the purposes of this Act, any Federal agency is authorized to accept and utilize the
services or facilities of any State or local government, or of any agency, office, or
employee thereof, with the consent of such government.
(b) Appointment of temporary personnel, experts, and consultants; acquisition, rental,
or hire of equipment, services, materials and supplies – In performing any services
under this Act, any Federal agency is authorized
(1) to appoint and fix the compensation of such temporary personnel as may be
necessary, without regard to the provisions of title 5, governing
appointments in competitive service;
(2) to employ experts and consultants in accordance with the provisions of
section 3109 of such title, without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to classification and
General Schedule pay rates; and
(3) to incur obligations on behalf of the United States by contract or otherwise
for the acquisition, rental, or hire of equipment, services, materials, and
supplies for shipping, drayage, travel, and communications, and for the
supervision and administration of such activities. Such obligations,
including obligations arising out of the temporary employment of additional
personnel, may be incurred by an agency in such amount as may be made
available to it by the President.
Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150)*
(a) Contracts or Agreements With Private Entities-
(1) In General – In the expenditure of Federal funds for debris clearance,
distribution of supplies, reconstruction, and other major disaster or
emergency assistance activities which may be carried out by contract or
agreement with private organizations, firms, or individuals, preference shall
be given, to the extent feasible and practicable, to those organizations,
firms, and individuals residing or doing business primarily in the area
affected by such major disaster or emergency.
(2) Construction – This section shall not be considered to restrict the use of
Department of Defense resources under this Act in the provision of
assistance in a major disaster.
(3) Specific Geographic Area – In carrying out this section, a contract or
agreement may be set aside for award based on a specific geographic area.
13
(b) Implementation-
(1) Contracts not to entities in area – Any expenditure of Federal funds for
debris clearance, distribution of supplies, reconstruction, and other major
disaster or emergency assistance activities which may be carried out by
contract or agreement with private organizations, firms, or individuals, not
awarded to an organization, firm, or individual residing or doing business
primarily in the area affected by such major disaster shall be justified in
writing in the contract file.
(2) Transition – Following the declaration of an emergency or major disaster,
an agency performing response, relief, and reconstruction activities shall
transition work performed under contracts in effect on the date on which the
President declares the emergency or major disaster to organizations, firms,
and individuals residing or doing business primarily in any area affected by
the major disaster or emergency, unless the head of such agency determines
that it is not feasible or practicable to do so.
(3) Formation of Requirements – The head of a Federal agency, as feasible and
practicable, shall formulate appropriate requirements to facilitate
compliance with this section.
(c) Prior Contracts – Nothing in this section shall be construed to require any Federal
agency to breach or renegotiate any contract in effect before the occurrence of a
major disaster or emergency.
Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151)*
(a) Regulations for equitable and impartial relief operations – The President shall issue,
and may alter and amend, such regulations as may be necessary for the guidance of
personnel carrying out Federal assistance functions at the site of a major disaster or
emergency. Such regulations shall include provisions for insuring that the
distribution of supplies, the processing of applications, and other relief and
assistance activities shall be accomplished in an equitable and impartial manner,
without discrimination on the grounds of race, color, religion, nationality, sex, age,
disability, English proficiency, or economic status.
(b) Compliance with regulations as prerequisite to participation by other bodies in
relief operations – As a condition of participation in the distribution of assistance or
supplies under this Act or of receiving assistance under this Act, governmental
bodies and other organizations shall be required to comply with regulations relating
to nondiscrimination promulgated by the President, and such other regulations
applicable to activities within an area affected by a major disaster or emergency as
he deems necessary for the effective coordination of relief efforts.
14
Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152)
(a) In providing relief and assistance under this Act, the President may utilize, with
their consent, the personnel and facilities of the American National Red Cross, the
Salvation Army, the Mennonite Disaster Service, and other relief or disaster
assistance organizations, in the distribution of medicine, food, supplies, or other
items, and in the restoration, rehabilitation, or reconstruction of community
services housing and essential facilities, whenever the President finds that such
utilization is necessary.
(b) The President is authorized to enter into agreements with the American National
Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or
disaster assistance organizations under which the disaster relief activities of such
organizations may be coordinated by the Federal coordinating officer whenever
such organizations are engaged in providing relief during and after a major disaster
or emergency. Any such agreement shall include provisions assuring that use of
Federal facilities, supplies, and services will be in compliance with regulations
prohibiting duplication of benefits and guaranteeing nondiscrimination
promulgated by the President under this Act, and such other regulation as the
President may require.
Sec. 310. Priority to Certain Applications for Public Facility and Public
Housing Assistance (42 U.S.C. 5153)
(a) Priority – In the processing of applications for assistance, priority and immediate
consideration shall be given by the head of the appropriate Federal agency, during
such period as the President shall prescribe, to applications from public bodies
situated in areas affected by major disasters under the following Acts:
(1) The United States Housing Act of 1937 for the provision of low-income
housing.
(2) Section 702 of the Housing Act of 1954 for assistance in public works
planning.
(3) The Community Development Block Grant Program under title I of the
Housing and Community Development Act of 1974.
(4) Section 306 of the Consolidated Farm and Rural Development Act.
(5) The Public Works and Economic Development Act of 1965.
(6) The Appalachian Regional Development Act of 1965.
(7) The Federal Water Pollution Control Act.
15
(b) Obligation of certain discretionary funds – In the obligation of discretionary funds
or funds which are not allocated among the States or political subdivisions of a
State, the Secretary of Housing and Urban Development and the Secretary of
Commerce shall give priority to applications for projects for major disaster areas.
Sec. 311. Insurance (42 U.S.C. 5154)
(a) Applicants for replacement of damaged facilities
(1) Compliance with certain regulations – An applicant for assistance under
section 5172 of this title (relating to repair, restoration, and replacement of
damaged facilities), section 5189 of this title (relating to simplified
procedure) or section 3149(c)(2) of this title) shall comply with regulations
prescribed by the President to assure that, with respect to any property to be
replaced, restored, repaired, or constructed with such assistance, such types
and extent of insurance will be obtained and maintained as may be
reasonably available, adequate, and necessary, to protect against future loss
to such property.
(2) Determination – In making a determination with respect to availability,
adequacy, and necessity under paragraph (1), the President shall not require
greater types and extent of insurance than are certified to him as reasonable
by the appropriate State insurance commissioner responsible for regulation
of such insurance.
(b) Maintenance of insurance – No applicant for assistance under section 5172 of this
title (relating to repair, restoration, and replacement of damaged facilities), section
5189 of this title (relating to simplified procedure), or section 3149(c)(2) of this
title) may receive such assistance for any property or part thereof for which the
applicant has previously received assistance under this Act unless all insurance
required pursuant to this section has been obtained and maintained with respect to
such property. The requirements of this subsection may not be waived under
section 5141 of this title.
(c) State acting as self-insurer – A State may elect to act as a self-insurer with respect
to any or all of the facilities owned by the State. Such an election, if declared in
writing at the time of acceptance of assistance under section 5172 or 5189 of this
title or section 3149(c)(2) of this title) or subsequently and accompanied by a plan
for self-insurance which is satisfactory to the President, shall be deemed
compliance with subsection (a). No such self-insurer may receive assistance under
section 5172 or 5189 of this title for any property or part thereof for which it has
previously received assistance under this Act, to the extent that insurance for such
property or part thereof would have been reasonably available.
16
Prohibited Flood Disaster Assistance (42 U.S.C. 5154a)
(a) General prohibition – Notwithstanding any other provision of law, no Federal
disaster relief assistance made available in a flood disaster area may be used to
make a payment (including any loan assistance payment) to a person for repair,
replacement, or restoration for damage to any personal, residential, or commercial
property if that person at any time has received flood disaster assistance that was
conditional on the person first having obtained flood insurance under applicable
Federal law and subsequently having failed to obtain and maintain flood insurance
as required under applicable Federal law on such property.
(b) Transfer of property –
(1) Duty to notify -In the event of the transfer of any property described in
paragraph (3), the transferor shall, not later than the date on which such
transfer occurs, notify the transferee in writing of the requirements to –
(A) obtain flood insurance in accordance with applicable Federal law
with respect to such property, if the property is not so insured as of
the date on which the property is transferred; and
(B) maintain flood insurance in accordance with applicable Federal law
with respect to such property. Such written notification shall be
contained in documents evidencing the transfer of ownership of the
property.
(2) Failure to notify – If a transferor described in paragraph (1) fails to make a
notification in accordance with such paragraph and, subsequent to the
transfer of the property –
(A) the transferee fails to obtain or maintain flood insurance in
accordance with applicable Federal law with respect to the property,
(B) the property is damaged by a flood disaster, and
(C) Federal disaster relief assistance is provided for the repair,
replacement, or restoration of the property as a result of such
damage, the transferor shall be required to reimburse the Federal
Government in an amount equal to the amount of the Federal
disaster relief assistance provided with respect to the property.
(3) Property described – For purposes of paragraph (1), a property is described
in this paragraph if it is personal, commercial, or residential property for
which Federal disaster relief assistance made available in a flood disaster
area has been provided, prior to the date on which the property is
transferred, for repair, replacement, or restoration of the property, if such
assistance was conditioned upon obtaining flood insurance in accordance
with applicable Federal law with respect to such property.
(c) [Omitted]
17
(d) Definition – For purposes of this section, the term “flood disaster area” means an
area with respect to which –
(1) the Secretary of Agriculture finds, or has found, to have been substantially
affected by a natural disaster in the United States pursuant to section
1961(a) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a)); or
(2) the President declares, or has declared, the existence of a major disaster or
emergency pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), as a result of flood
conditions existing in or affecting that area.
(e) Effective date – This section and the amendments made by this section [adding this
section and amending 42 U.S.C. 4012a(a)] shall apply to disasters declared after
September
23
, 1994.
Sec. 312. Duplication of Benefits (42 U.S.C. 5155)
(a) General prohibition – The President, in consultation with the head of each Federal
agency administering any program providing financial assistance to persons,
business concerns, or other entities suffering losses as a result of a major disaster or
emergency, shall assure that no such person, business concern, or other entity will
receive such assistance with respect to any part of such loss as to which he has
received financial assistance under any other program or from insurance or any
other source.
(b) Special rules –
(1) Limitation – This section shall not prohibit the provision of Federal
assistance to a person who is or may be entitled to receive benefits for the
same purposes from another source if such person has not received such
other benefits by the time of application for Federal assistance and if such
person agrees to repay all duplicative assistance to the agency providing the
Federal assistance.
(2) Procedures – The President shall establish such procedures as the President
considers necessary to ensure uniformity in preventing duplication of
benefits.
(3) Effect of partial benefits – Receipt of partial benefits for a major disaster or
emergency shall not preclude provision of additional Federal assistance for
any part of a loss or need for which benefits have not been provided.
(c) Recovery of duplicative benefits – A person receiving Federal assistance for a
major disaster or emergency shall be liable to the United States to the extent that
such assistance duplicates benefits available to the person for the same purpose
18
(d) Assistance not income – Federal major disaster and emergency assistance provided
to individuals and families under this Act, and comparable disaster assistance
provided by States, local governments, and disaster assistance organizations, shall
not be considered as income or a resource when determining eligibility for or
benefit levels under federally funded income assistance or resource-tested benefit
programs.
Sec. 313. Standard of Review (42 U.S.C. 5156)
The President shall establish comprehensive standards which shall be used to assess the
efficiency and effectiveness of Federal major disaster and emergency assistance programs
administered under this Act. The President shall conduct annual reviews of the activities of
Federal agencies and State and local governments in major disaster and emergency
preparedness and in providing major disaster and emergency assistance in order to assure
maximum coordination and effectiveness of such programs and consistency in policies for
reimbursement of States under this Act.
Sec. 314. Penalties (42 U.S.C. 5157)
(a) Misuse of funds – Any person who knowingly misapplies the proceeds of a loan or
other cash benefit obtained under this Act shall be fined an amount equal to one
and one-half times the misapplied amount of the proceeds or cash benefit.
(b) Civil enforcement – Whenever it appears that any person has violated or is about to
violate any provision of this Act, including any civil penalty imposed under this
Act, the Attorney General may bring a civil action for such relief as may be
appropriate. Such action may be brought in an appropriate United States district
court.
(c) Referral to Attorney General – The President shall expeditiously refer to the
Attorney General for appropriate action any evidence developed in the
performance of functions under this Act that may warrant consideration for
criminal prosecution.
(d) Civil penalty – Any individual who knowingly violates any order or regulation
issued under this Act shall be subject to a civil penalty of not more than $5,000 for
each violation.
19
Sec. 315. Availability of Materials (42 U.S.C. 5158)
The President is authorized, at the request of the Governor of an affected State, to provide
for a survey of construction materials needed in the area affected by a major disaster on an
emergency basis for housing repairs, replacement housing, public facilities repairs and
replacement, farming operations, and business enterprises and to take appropriate action to
assure the availability and fair distribution of needed materials, including, where possible,
the allocation of such materials for a period of not more than one hundred and eighty days
after such major disaster. Any allocation program shall be implemented by the President to
the extent possible, by working with and through those companies which traditionally
supply construction materials in the affected area. For the purposes of this section
“construction materials” shall include building materials and materials required for
repairing housing, replacement housing, public facilities repairs and replacement, and for
normal farm and business operations.
Sec. 316. Protection of Environment (42 U.S.C. 5159)
An action which is taken or assistance which is provided pursuant to section 5170a , 5170b,
5172, 5173, or 5192 of this title, including such assistance provided pursuant to the
procedures provided for in section 5189 of this title , which has the effect of restoring a
facility substantially to its condition prior to the disaster or emergency, shall not be deemed
a major Federal action significantly affecting the quality of the human environment within
the meaning of the National Environmental Policy Act of 1969 (83 Stat.
85
2) [42 U.S.C.
§4321 et seq.]. Nothing in this section shall alter or affect the applicability of the National
Environmental Policy Act of 1969 [42 U.S.C. §4321 et seq.] to other Federal actions taken
under this Act or under any other provisions of law.
Sec. 317. Recovery of Assistance (42 U.S.C. 5160)
(a) Party liable – Any person who intentionally causes a condition for which Federal
assistance is provided under this Act or under any other Federal law as a result of a
declaration of a major disaster or emergency under this Act shall be liable to the
United States for the reasonable costs incurred by the United States in responding
to such disaster or emergency to the extent that such costs are attributable to the
intentional act or omission of such person which caused such condition. Such
action for reasonable costs shall be brought in an appropriate United States district
court.
(b) Rendering of care – A person shall not be liable under this section for costs
incurred by the United States as a result of actions taken or omitted by such person
in the course of rendering care or assistance in response to a major disaster or
emergency.
20
Sec. 318. Audits and Investigations (42 U.S.C. 5161)
(a) In general – Subject to the provisions of chapter 75 of title 31, relating to
requirements for single audits, the President shall conduct audits and investigations
as necessary to assure compliance with this Act, and in connection therewith may
question such persons as may be necessary to carry out such audits and
investigations.
(b) Access to records – For purposes of audits and investigations under this section, the
President and Comptroller General may inspect any books, documents, papers, and
records of any person relating to any activity undertaken or funded under this Act.
(c) State and local audits – The President may require audits by State and local
governments in connection with assistance under this Act when necessary to assure
compliance with this Act or related regulations.
Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162)
(a) In general – The President may lend or advance to an eligible applicant or a State
the portion of assistance for which the State is responsible under the cost-sharing
provisions of this Act in any case in which–
(1) the State is unable to assume its financial responsibility under such cost-
sharing provisions—
(A) with respect to concurrent, multiple major disasters in a jurisdiction,
or
(B) after incurring extraordinary costs as a result of a particular disaster;
and
(2) the damages caused by such disasters or disaster are so overwhelming and
severe that it is not possible for the applicant or the State to assume
immediately their financial responsibility under this Act.
(b) Terms of loans and advances –
(1) In general – Any loan or advance under this section shall be repaid to the
United States.
(2) Interest – Loans and advances under this section shall bear interest at a rate
determined by the Secretary of the Treasury, taking into consideration the
current market yields on outstanding marketable obligations of the United
States with remaining periods to maturity comparable to the reimbursement
period of the loan or advance.
21
(c) Regulations – The President shall issue regulations describing the terms and
conditions under which any loan or advance authorized by this section may be
made.
Sec. 320. Limitation on Use of Sliding Scale (42 U.S.C. 5163)
No geographic area shall be precluded from receiving assistance under this Act solely by
virtue of an arithmetic formula or sliding scale based on income or population.
Sec. 321. Rules and Regulations (42 U.S.C. 5164)
The President may prescribe such rules and regulations as may be necessary and proper to
carry out the provisions of this Act, and may exercise, either directly or through such
Federal agency as the President may designate, any power or authority conferred to the
President by this Act.
Sec. 322. Mitigation Planning (42 U.S.C. 5165)
(a) Requirement of Mitigation Plan – As a condition of receipt of an increased Federal
share for hazard mitigation measures under subsection (e), a State, local, or tribal
government shall develop and submit for approval to the President a mitigation
plan that outlines processes for identifying the natural hazards, risks, and
vulnerabilities of the area under the jurisdiction of the government.
(b) Local and Tribal Plans – Each mitigation plan developed by a local or tribal
government shall –
(1) describe actions to mitigate hazards, risks, and vulnerabilities identified
under the plan; and
(2) establish a strategy to implement those actions.
(c) State Plans – The State process of development of a mitigation plan under this
section shall –
(1) identify the natural hazards, risks, and vulnerabilities of areas in the State;
(2) support development of local mitigation plans;
(3) provide for technical assistance to local and tribal governments for
mitigation planning; and
(4) identify and prioritize mitigation actions that the State will support, as
resources become available.
22
(d) Funding –
(1) In general – Federal contributions under section 5170c of this title may be
used to fund the development and updating of mitigation plans under this
section.
(2) Maximum federal contribution – With respect to any mitigation plan, a
State, local, or tribal government may use an amount of Federal
contributions under section 5170c of this title not to exceed 7 percent of the
amount of such contributions available to the government as of a date
determined by the government.
(e) Increased Federal Share for Hazard Mitigation Measures –
(1) In general – If, at the time of the declaration of a major disaster, a State has
in effect an approved mitigation plan under this section, the President may
increase to 20 percent, with respect to the major disaster, the maximum
percentage specified in the last sentence of section 5170c(a) of this title.
(2) Factors for consideration -In determining whether to increase the maximum
percentage under paragraph (1), the President shall consider whether the
State has established –
(A) eligibility criteria for property acquisition and other types of
mitigation measures;
(B) requirements for cost effectiveness that are related to the eligibility
criteria;
(C) a system of priorities that is related to the eligibility criteria; and
(D) a process by which an assessment of the effectiveness of a
mitigation action may be carried out after the mitigation action is
complete.
Sec. 323. Standards for Public and Private Structures (42 U.S.C. 5165a)
(a) In General – As a condition of receipt of a disaster loan or grant under this Act –
(1) the recipient shall carry out any repair or construction to be financed with
the loan or grant in accordance with applicable standards of safety,
decency, and sanitation and in conformity with applicable codes,
specifications, and standards; and
(2) the President may require safe land use and construction practices, after
adequate consultation with appropriate State and local government officials.
(b) Evidence of Compliance – A recipient of a disaster loan or grant under this Act
shall provide such evidence of compliance with this section as the President may
require by regulation.
23
Note: Section 324 becomes effective when FEMA has promulgated a management cost
rate regulation. Until then subsection 406(f) of the Stafford Act is used to establish
management cost rates.
Sec. 324. Management Costs (42 U.S.C. 5165b)
(a) Definition of Management Cost – In this section, the term “management cost”
includes any indirect cost, any administrative expense, and any other expense not
directly chargeable to a specific project under a major disaster, emergency, or
disaster preparedness or mitigation activity or measure.
(b) Establishment of Management Cost Rates – Notwithstanding any other provision of
law (including any administrative rule or guidance), the President shall by
regulation establish management cost rates, for grantees and subgrantees, that shall
be used to determine contributions under this Act for management costs.
(c) Review – The President shall review the management cost rates established under
subsection (b) not later than 3 years after the date of establishment of the rates and
periodically thereafter.
Sec. 325. Public Notice, Comment, and Consultation Requirements (42
U.S.C. 5165c)
(a) Public Notice and Comment Concerning New or Modified Policies –
(1) In general – The President shall provide for public notice and opportunity
for comment before adopting any new or modified policy that –
(A) governs implementation of the public assistance program
administered by the Federal Emergency Management Agency under
this Act; and
(B) could result in a significant reduction of assistance under the
program.
(2) Application – Any policy adopted under paragraph (1) shall apply only to a
major disaster or emergency declared on or after the date on which the
policy is adopted.
(b) Consultation Concerning Interim Policies –
(1) In general – Before adopting any interim policy under the public assistance
program to address specific conditions that relate to a major disaster or
emergency that has been declared under this Act, the President, to the
maximum extent practicable, shall solicit the views and recommendations
of grantees and subgrantees with respect to the major disaster or emergency
concerning the potential interim policy, if the interim policy is likely –
24
(A) to result in a significant reduction of assistance to applicants for the
assistance with respect to the major disaster or emergency; or
(B) to change the terms of a written agreement to which the Federal
Government is a party concerning the declaration of the major
disaster or emergency.
(2) No legal right of action – Nothing in this subsection confers a legal right of
action on any party.
(c) Public Access – The President shall promote public access to policies governing the
implementation of the public assistance program.
Sec. 326. Designation of Small State and Rural Advocate (42 U.S.C.
5165d)*
(a) In General – The President shall designate in the Federal Emergency Management
Agency a Small State and Rural Advocate.
(b) Responsibilities – The Small State and Rural Advocate shall be an advocate for the
fair treatment of small States and rural communities in the provision of assistance
under this Act.
(c) Duties – The Small State and Rural Advocate shall
(1) participate in the disaster declaration process under section 401 and the
emergency declaration process under section 501, to ensure that the needs
of rural communities are being addressed;
(2) assist small population States in the preparation of requests for major
disasters or emergency declarations; and
(3) conduct such other activities as the Director of the Federal Emergency
Management Agency considers appropriate.
25
Title IV — Major Disaster Assistance Programs
Sec. 401. Procedure for Declaration (42 U.S.C. 5170)
All requests for a declaration by the President that a major disaster exists shall be made by
the Governor of the affected State. Such a request shall be based on a finding that the
disaster is of such severity and magnitude that effective response is beyond the capabilities
of the State and the affected local governments and that Federal assistance is necessary. As
part of such request, and as a prerequisite to major disaster assistance under this Act, the
Governor shall take appropriate response action under State law and direct execution of the
State’s emergency plan. The Governor shall furnish information on the nature and amount
of State and local resources which have been or will be committed to alleviating the results
of the disaster, and shall certify that, for the current disaster, State and local government
obligations and expenditures (of which State commitments must be a significant
proportion) will comply with all applicable cost-sharing requirements of this Act. Based on
the request of a Governor under this section, the President may declare under this Act that a
major disaster or emergency exists.
Sec. 402. General Federal Assistance (42 U.S.C. 5170a)*
In any major disaster, the President may –
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities
and the resources granted to it under Federal law (including personnel, equipment,
supplies, facilities, and managerial, technical, and advisory services) in support of
State and local assistance response and recovery efforts, including precautionary
evacuations;
(2) coordinate all disaster relief assistance (including voluntary assistance) provided by
Federal agencies, private organizations, and State and local governments, including
precautionary evacuations and recovery;
(3) provide technical and advisory assistance to affected State and local governments
for –
(A) the performance of essential community services;
(B) issuance of warnings of risks and hazards;
(C) public health and safety information, including dissemination of such
information;
(D) provision of health and safety measures;
(E) management, control, and reduction of immediate threats to public health
and safety; and
(F) recovery activities, including disaster impact assessments and planning;
26
(4) assist State and local governments in the distribution of medicine, food, and other
consumable supplies, and emergency assistance; and
(5) provide accelerated Federal assistance and Federal support where necessary to save
lives, prevent human suffering, or mitigate severe damage, which may be provided
in the absence of a specific request and in which case the President
(A) shall, to the fullest extent practicable, promptly notify and coordinate with
officials in a State in which such assistance or support is provided; and
(B) shall not, in notifying and coordinating with a State under subparagraph (A),
delay or impede the rapid deployment, use, and distribution of critical
resources to victims of a major disaster.
Sec. 403. Essential Assistance (42 U.S.C. 5170b)*
(a) In general – Federal agencies may on the direction of the President, provide
assistance essential to meeting immediate threats to life and property resulting from
a major disaster, as follows:
(1) Federal resources, generally – Utilizing, lending, or donating to State and
local governments Federal equipment, supplies, facilities, personnel, and
other resources, other than the extension of credit, for use or distribution by
such governments in accordance with the purposes of this Act.
(2) Medicine, durable medical equipment, food, and other consumables
– Distributing or rendering through State and local governments, the
American National Red Cross, the Salvation Army, the Mennonite Disaster
Service, and other relief and disaster assistance organizations medicine,
durable medical equipment, food, and other consumable supplies, and other
services and assistance to disaster victims.
(3) Work and services to save lives and protect property – Performing on public
or private lands or waters any work or services essential to saving lives and
protecting and preserving property or public health and safety, including –
(A) debris removal;
(B) search and rescue, emergency medical care, emergency mass care,
emergency shelter, and provision of food, water, medicine, durable
medical equipment, and other essential needs, including movement
of supplies or persons;
(C) clearance of roads and construction of temporary bridges necessary
to the performance of emergency tasks and essential community
services;
(D) provision of temporary facilities for schools and other essential
community services;
(E) demolition of unsafe structures which endanger the public;
(F) warning of further risks and hazards;
27
(G) dissemination of public information and assistance regarding health
and safety measures;
(H) provision of technical advice to State and local governments on
disaster management and control;
(I) reduction of immediate threats to life, property, and public health
and safety; and
(J) provision of rescue, care, shelter, and essential needs –
(i) to individuals with household pets and service animals; and
(ii) to such pets and animals.
(4) Contributions – Making contributions to State or local governments or
owners or operators of private nonprofit facilities for the purpose of
carrying out the provisions of this subsection.
(b) Federal share – The Federal share of assistance under this section shall be not less
than 75 percent of the eligible cost of such assistance.
(c) Utilization of DOD resources –
(1) General rule – During the immediate aftermath of an incident which may
ultimately qualify for assistance under this title or title V of this Act, the
Governor of the State in which such incident occurred may request the
President to direct the Secretary of Defense to utilize the resources of the
Department of Defense for the purpose of performing on public and private
lands any emergency work which is made necessary by such incident and
which is essential for the preservation of life and property. If the President
determines that such work is essential for the preservation of life and
property, the President shall grant such request to the extent the President
determines practicable. Such emergency work may only be carried out for a
period not to exceed 10 days.
(2) Rules applicable to debris removal – Any removal of debris and wreckage
carried out under this subsection shall be subject to section 5173(b) of this
title, relating to unconditional authorization and indemnification for debris
removal.
(3) Expenditures out of disaster relief funds – The cost of any assistance
provided pursuant to this subsection shall be reimbursed out of funds made
available to carry out this Act.
(4) Federal share – The Federal share of assistance under this subsection shall
be not less than 75 percent.
(5) Guidelines – Not later than 180 days after the date of the enactment of the
Disaster Relief and Emergency Assistance Amendments of 1988 [enacted
Nov. 23, 1988], the President shall issue guidelines for carrying out this
subsection. Such guidelines shall consider any likely effect assistance under
28
this subsection will have on the availability of other forms of assistance
under this Act.
(6) Definitions – For purposes of this section
(A) Department of Defense – The term “Department of Defense” has the
meaning the term “department” has under section 101 of title 10.
(B) Emergency work – The term “emergency work” includes clearance
and removal of debris and wreckage and temporary restoration of
essential public facilities and services.
Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)*
(a) In General – The President may contribute up to 75 percent of the cost of hazard
mitigation measures which the President has determined are cost-effective and
which substantially reduce the risk of future damage, hardship, loss, or suffering in
any area affected by a major disaster. Such measures shall be identified following
the evaluation of natural hazards under section 5165 of this title and shall be
subject to approval by the President. Subject to section 5165 of this title , the total
of contributions under this section for a major disaster shall not exceed 15 percent
for amounts not more than $2,000,000,000, 10 percent for amounts of more than
$2,000,000,000 and not more than $10,000,000,000, and 7.5 percent on amounts of
more than $10,000,000,000 and not more than $35,333,000,000 of the estimated
aggregate amount of grants to be made (less any associated administrative costs)
under this Act with respect to the major disaster.
(b) Property acquisition and relocation assistance –
(1) General authority – In providing hazard mitigation assistance under this
section in connection with flooding, the Director of the Federal Emergency
Management Agency may provide property acquisition and relocation
assistance for projects that meet the requirements of paragraph (2).
(2) Terms and conditions – An acquisition or relocation project shall be eligible
to receive assistance pursuant to paragraph (1) only if –
(A) the applicant for the assistance is otherwise eligible to receive
assistance under the hazard mitigation grant program established
under subsection (a); and
(B) on or after December 3, 1993, the applicant for the assistance enters
into an agreement with the Director that provides assurances that –
(i) any property acquired, accepted, or from which a structure
will be removed pursuant to the project will be dedicated and
maintained in perpetuity for a use that is compatible with
open space, recreational, or wetlands management practices;
29
(ii) no new structure will be erected on property acquired,
accepted or from which a structure was removed under the
acquisition or relocation program other than–
(I) a public facility that is open on all sides and
functionally related to a designated open space;
(II) a rest room; or
(III) a structure that the Director approves in writing
before the commencement of the construction of the
structure; and
(iii)after receipt of the assistance, with respect to any property
acquired, accepted or from which a structure was removed
under the acquisition or relocation program–
(I) no subsequent application for additional disaster
assistance for any purpose will be made by the
recipient to any Federal entity; and
(II) no assistance referred to in subclause (I) will be
provided to the applicant by any Federal source.
(3) Statutory construction – Nothing in this subsection is intended to alter or
otherwise affect an agreement for an acquisition or relocation project
carried out pursuant to this section that was in effect on the day before
December 3, 1993.
(c) Program Administration by States –
(1) In general – A State desiring to administer the hazard mitigation grant
program established by this section with respect to hazard mitigation
assistance in the State may submit to the President an application for the
delegation of the authority to administer the program.
(2) Criteria – The President, in consultation and coordination with States and
local governments, shall establish criteria for the approval of applications
submitted under paragraph (1). The criteria shall include, at a minimum –
(A) the demonstrated ability of the State to manage the grant program
under this section;
(B) there being in effect an approved mitigation plan under section 5165
of this title; and
(C) a demonstrated commitment to mitigation activities.
(3) Approval – The President shall approve an application submitted under
paragraph (1) that meets the criteria established under paragraph (2).
(4) Withdrawal of approval – If, after approving an application of a State
submitted under paragraph (1), the President determines that the State is not
administering the hazard mitigation grant program established by this
30
section in a manner satisfactory to the President, the President shall
withdraw the approval.
(5) Audits – The President shall provide for periodic audits of the hazard
mitigation grant programs administered by States under this subsection.
Sec. 405. Federal Facilities (42 U.S.C. 5171)
(a) Repair, reconstruction, restoration or replacement of United States facilities – The
President may authorize any Federal agency to repair, reconstruct, restore, or
replace any facility owned by the United States and under the jurisdiction of such
agency which is damaged or destroyed by any major disaster if he determines that
such repair, reconstruction, restoration, or replacement is of such importance and
urgency that it cannot reasonably be deferred pending the enactment of specific
authorizing legislation or the making of an appropriation for such purposes, or the
obtaining of congressional committee approval.
(b) Availability of funds appropriated to agency for repair, reconstruction, restoration,
or replacement of agency facilities – In order to carry out the provisions of this
section, such repair, reconstruction, restoration, or replacement may be begun
notwithstanding a lack or an insufficiency of funds appropriated for such purpose,
where such lack or insufficiency can be remedied by the transfer, in accordance
with law, of funds appropriated to that agency for another purpose.
(c) Steps for mitigation of hazards – In implementing this section, Federal agencies
shall evaluate the natural hazards to which these facilities are exposed and shall
take appropriate action to mitigate such hazards, including safe land-use and
construction practices, in accordance with standards prescribed by the President.
Sec. 406. Repair, Restoration, and Replacement of Damaged Facilities (42
U.S.C. 5172)*
(a) Contributions –
(1) In general -The President may make contributions –
(A) to a State or local government for the repair, restoration,
reconstruction, or replacement of a public facility damaged or
destroyed by a major disaster and for associated expenses incurred
by the government; and
(B) subject to paragraph (3), to a person that owns or operates a private
nonprofit facility damaged or destroyed by a major disaster for the
repair, restoration, reconstruction, or replacement of the facility and
for associated expenses incurred by the person.
31
(2) Associated expenses – For the purposes of this section, associated expenses
shall include –
(A) the costs of mobilizing and employing the National Guard for
performance of eligible work;
(B) the costs of using prison labor to perform eligible work, including
wages actually paid, transportation to a worksite, and extraordinary
costs of guards, food, and lodging; and
(C) base and overtime wages for the employees and extra hires of a
State, local government, or person described in paragraph (1) that
perform eligible work, plus fringe benefits on such wages to the
extent that such benefits were being paid before the major disaster.
(3) Conditions for assistance to private nonprofit facilities –
(A) In general – The President may make contributions to a private
nonprofit facility under paragraph (1)(B) only if –
(i) the facility provides critical services (as defined by the
President) in the event of a major disaster; or
(ii) the owner or operator of the facility –
(I) has applied for a disaster loan under section 7(b) of
the Small Business Act (15 U.S.C.
63
6(b)); and
(II) (aa) has been determined to be ineligible for such a
loan; or
(bb) has obtained such a loan in the maximum
amount for which the Small Business Administration
determines the facility is eligible.
(B) Definition of critical services – In this paragraph, the term “critical
services” includes power, water (including water provided by an
irrigation organization or facility), sewer, wastewater treatment,
communications, education, and emergency medical care.
(4) Notification to Congress – Before making any contribution under this
section in an amount greater than $20,000,000, the President shall notify
(A) the Committee on Environment and Public Works of the Senate;
(B) the Committee on Transportation and Infrastructure of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of Representatives.
(b) Federal Share –
(1) Minimum federal share – Except as provided in paragraph (2), the Federal
share of assistance under this section shall be not less than 75 percent of the
eligible cost of repair, restoration, reconstruction, or replacement carried
out under this section.
32
Note: Paragraph (2) takes effect after FEMA has promulgated an
implementing regulation.
(2) Reduced federal share – The President shall promulgate regulations to
reduce the Federal share of assistance under this section to not less than 25
percent in the case of the repair, restoration, reconstruction, or replacement
of any eligible public facility or private nonprofit facility following an
event associated with a major disaster –
(A) that has been damaged, on more than one occasion within the
preceding 10-year period, by the same type of event; and
(B) the owner of which has failed to implement appropriate mitigation
measures to address the hazard that caused the damage to the
facility.
(c) Large In-Lieu Contributions –
(1) For public facilities –
(A) In general – In any case in which a State or local government
determines that the public welfare would not best be served by
repairing, restoring, reconstructing, or replacing any public facility
owned or controlled by the State or local government, the State or
local government may elect to receive, in lieu of a contribution under
subsection (a)(1)(A), a contribution in an amount equal to 90 percent
of the Federal share of the Federal estimate of the cost of repairing,
restoring, reconstructing, or replacing the facility and of
management expenses.
(B) Use of funds – Funds contributed to a State or local government
under this paragraph may be used –
(i) to repair, restore, or expand other selected public facilities;
(ii) to construct new facilities; or
(iii)to fund hazard mitigation measures that the State or local
government determines to be necessary to meet a need for
governmental services and functions in the area affected by
the major disaster.
(C) Limitations – Funds made available to a State or local government
under this paragraph may not be used for –
(i) any public facility located in a regulatory floodway (as
defined in section 59.1 of title
44
, Code of Federal
Regulations (or a successor regulation)); or
(ii) any uninsured public facility located in a special flood
hazard area identified by the Director of the Federal
Emergency Management Agency under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
33
(2) For private nonprofit facilities –
(A) In general – In any case in which a person that owns or operates a
private nonprofit facility determines that the public welfare would
not best be served by repairing, restoring, reconstructing, or
replacing the facility, the person may elect to receive, in lieu of a
contribution under subsection (a)(1)(B), a contribution in an amount
equal to 75 percent of the Federal share of the Federal estimate of the
cost of repairing, restoring, reconstructing, or replacing the facility
and of management expenses.
(B) Use of funds – Funds contributed to a person under this paragraph
may be used –
(i) to repair, restore, or expand other selected private nonprofit
facilities owned or operated by the person;
(ii) to construct new private nonprofit facilities to be owned or
operated by the person; or
(iii) to fund hazard mitigation measures that the person
determines to be necessary to meet a need for the person’s
services and functions in the area affected by the major
disaster.
(C) Limitations – Funds made available to a person under this paragraph
may not be used for–
(i) any private nonprofit facility located in a regulatory
floodway (as defined in section 59.1 of title 44, Code of
Federal Regulations (or a successor regulation)); or
(ii) any uninsured private nonprofit facility located in a special
flood hazard area identified by the Director of the Federal
Emergency Management Agency under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
(d) Flood insurance –
(1) Reduction of Federal assistance – If a public facility or private nonprofit
facility located in a special flood hazard area identified for more than 1 year
by the Director pursuant to the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.) is damaged or destroyed, after the 180th day following
November 23, 1988, by flooding in a major disaster and such facility is not
covered on the date of such flooding by flood insurance, the Federal
assistance which would otherwise be available under this section with
respect to repair, restoration, reconstruction, and replacement of such
facility and associated expenses shall be reduced in accordance with
paragraph (2).
34
(2) Amount of reduction – The amount of a reduction in Federal assistance
under this section with respect to a facility shall be the lesser of –
(A) the value of such facility on the date of the flood damage or
destruction, or
(B) the maximum amount of insurance proceeds which would have been
payable with respect to such facility if such facility had been covered
by flood insurance under the National Flood Insurance Act of 1968
on such date.
(3) Exception – Paragraphs (1) and (2) shall not apply to a private nonprofit
facility which is not covered by flood insurance solely because of the local
government’s failure to participate in the flood insurance program
established by the National Flood Insurance Act.
(4) Dissemination of information – The President shall disseminate information
regarding the reduction in Federal assistance provided for by this subsection
to State and local governments and the owners and operators of private
nonprofit facilities who may be affected by such a reduction.
Note: The following version of subsection (e) remains in effect until the cost estimation
procedures established under paragraph (3) of the revised version of subsection 406(e) –
see next subsection – take effect.
(e) Net Eligible Cost –
(1) General Rule – For purposes of this section, the cost of repairing, restoring,
reconstructing, or replacing a public facility or private nonprofit facility on
the basis of the design of such facility as it existed immediately prior to the
major disaster and in conformity with current applicable codes,
specifications, and standards (including floodplain management and hazard
mitigation criteria required by the President or by the Coastal Barrier
Resources Act (16 U.S.C.
35
01 et seq.)) shall, at a minimum, be treated as
the net eligible cost of such repair, restoration, reconstruction, or
replacement.
(2) Special Rule – In any case in which the facility being repaired, restored,
reconstructed, or replaced, under this section was under construction on the
dated of the major disaster, the cost of repairing, restoring, reconstruction,
or replacing such facility shall include, for purposes of this section, only
those costs which, under the contract for such construction, are the owner’s
responsibility and not the contractor’s responsibility.
35
Note: The following version of subsection 406(e)(1) and (2) becomes effective when the
procedures established by paragraph (3) of this subsection take effect. Subsection
406(e)(4) is currently in effect.
( e ) Eligible Cost –
(1) Determination –
(A) In general – For the purposes of this section, the President shall
estimate the eligible cost of repairing, restoring, reconstructing, or
replacing a public facility or private nonprofit facility–
(i) on the basis of the design of the facility as the facility existed
immediately before the major disaster; and
(ii) in conformity with codes, specifications, and standards
(including floodplain management and hazard mitigation
criteria required by the President or under the Coastal
Barrier Resources Act (16 U.S.C. 3501 et seq.)) applicable at
the time at which the disaster occurred.
(B) Cost estimation procedures –
(i) In general – Subject to paragraph (2), the President shall use
the cost estimation procedures established under paragraph
(3) to determine the eligible cost under this subsection.
(ii) Applicability – The procedures specified in this paragraph
and paragraph (2) shall apply only to projects the eligible
cost of which is equal to or greater than the amount specified
in section 5189 of this title.
(2) Modification of eligible cost –
(A) Actual cost greater than ceiling percentage of estimated cost – In any
case in which the actual cost of repairing, restoring, reconstructing,
or replacing a facility under this section is greater than the ceiling
percentage established under paragraph (3) of the cost estimated
under paragraph (1), the President may determine that the eligible
cost includes a portion of the actual cost of the repair, restoration,
reconstruction, or replacement that exceeds the cost estimated under
paragraph (1).
(B) Actual cost less than estimated cost –
(i) Greater than or equal to floor percentage of estimated cost –
In any case in which the actual cost of repairing, restoring,
reconstructing, or replacing a facility under this section is
less than
100
percent of the cost estimated under paragraph
(1), but is greater than or equal to the floor percentage
established under paragraph (3) of the cost estimated under
paragraph (1), the State or local government or person
receiving funds under this section shall use the excess funds
36
to carry out cost-effective activities that reduce the risk of
future damage, hardship, or suffering from a major disaster.
(ii) Less than floor percentage of estimated cost – In any case in
which the actual cost of repairing, restoring, reconstructing,
or replacing a facility under this section is less than the floor
percentage established under paragraph (3) of the cost
estimated under paragraph (1), the State or local government
or person receiving assistance under this section shall
reimburse the President in the amount of the difference.
(C) No effect on appeals process – Nothing in this paragraph affects any
right of appeal under section 5189a of this title.
(3) Expert panel –
(A) Establishment – Not later than 18 months after October 30, 2000, the
President, acting through the Director of the Federal Emergency
Management Agency, shall establish an expert panel, which shall
include representatives from the construction industry and State and
local government.
(B) Duties – The expert panel shall develop recommendations
concerning
(i) procedures for estimating the cost of repairing, restoring,
reconstructing, or replacing a facility consistent with
industry practices; and
(ii) the ceiling and floor percentages referred to in paragraph (2).
(C) Regulations – Taking into account the recommendations of the expert
panel under subparagraph (B), the President shall promulgate
regulations that establish
(i) cost estimation procedures described in subparagraph (B)(i);
and
(ii) the ceiling and floor percentages referred to in paragraph (2).
(D) Review by President – Not later than 2 years after the date of
promulgation of regulations under subparagraph (C) and periodically
thereafter, the President shall review the cost estimation procedures
and the ceiling and floor percentages established under this
paragraph.
(E) Report to Congress – Not later than 1 year after the date of
promulgation of regulations under subparagraph (C), 3 years after
that date, and at the end of each 2-year period thereafter, the expert
panel shall submit to Congress a report on the appropriateness of the
cost estimation procedures.
(4) Special rule – In any case in which the facility being repaired, restored,
reconstructed, or replaced under this section was under construction on the
date of the major disaster, the cost of repairing, restoring, reconstructing, or
replacing the facility shall include, for the purposes of this section, only
37
Note: The following Subsection 406(f) will be repealed when the regulation to implement
section 324 has been promulgated.
(f) Associated Expenses – For purposes of this section, associated expenses include
the following –
(1) Necessary costs – Necessary costs of requesting, obtaining, and
administering Federal assistance based on a percentage of assistance
provided as follows:
(A) For an applicant whose net eligible costs equal $100,000, 3 percent
of such net eligible costs.
(B) For an applicant whose net eligible cost equal $100,000 or more but
less than $1,000,000, $3,000 plus 2 percent of such net eligible costs
in excess of $100,000.
(C) For an applicant whose net eligible costs equal $1,000,000 or more
but less than $5,000,000, $21,000 plus 1 percent of such net eligible
costs in excess or $1,000,000.
(D) For an applicant whose net eligible costs equal $5,000,000 or more,
$61,000 plus 1/2 percent of such eligible costs in excess of
$5,000,000.
(2) Extraordinary Costs – Extraordinary costs incurred by a State for
preparation of damage survey reports, final inspection reports, project
applications, final audits, and related field inspections by State employees,
including overtime pay and per diem and travel expense of such employees,
but not including pay for regular time of such employees, based on the total
amount of assistance provided under section 403, 404, 406, 407, 502, and
503 in such State in connection with the major disaster as follows.
(A) If such total amount is less than $100,000, 3 percent of such total
amount.
(B) If such total amount is $100,000 or more but less than $1,000,000,
$3,000 plus 2 percent of such total amount in excess of $100,000.
(C) If such total amount is $1,000,000 or more but less than $5,000,000,
$21,000 plus 1 percent of such total amount in excess of $1,000,000.
(D) If such total amount is $5,000,000 or more, $61,000 plus 1/2 per cent
of such total amount in excess of $5,000,000.
(3) Costs of National Guard – The costs of mobilizing and employing the
National Guard for performance of eligible work.
38
(4) Costs of Prison Labor – The costs of using prison labor to perform eligible
work, including wages actually paid, transportation to a worksite, and
extraordinary costs of guards, food, and lodging.
(5) Other Labor Costs – Base and overtime wages for an applicant’s employees
and extra hires performing eligible work plus fringe benefits on such wages
to the extent that such benefits were being paid before the disaster.
Sec. 407. Debris Removal (42 U.S.C. 5173)*
(a) Presidential Authority – The President, whenever he determines it to be in the
public interest, is authorized –
(1) through the use of Federal departments, agencies, and instrumentalities, to
clear debris and wreckage resulting from a major disaster from publicly and
privately owned lands and waters; and
(2) to make grants to any State or local government or owner or operator of a
private non-profit facility for the purpose of removing debris or wreckage
resulting from a major disaster from publicly or privately owned lands and
waters.
(b) Authorization by State or local government; indemnification agreement – No
authority under this section shall be exercised unless the affected State or local
government shall first arrange an unconditional authorization for removal of such
debris or wreckage from public and private property, and, in the case of removal of
debris or wreckage from private property, shall first agree to indemnify the Federal
Government against any claim arising from such removal.
(c) Rules relating to large lots – The President shall issue rules which provide for
recognition of differences existing among urban, suburban, and rural lands in
implementation of this section so as to facilitate adequate removal of debris and
wreckage from large lots.
(d) Federal share – The Federal share of assistance under this section shall be not less
than 75 percent of the eligible cost of debris and wreckage removal carried out
under this section.
(e) Expedited Payments –
(1) Grant Assistance – In making a grant under subsection (a)(2), the President
shall provide not less than 50 percent of the President’s initial estimate of
the Federal share of assistance as an initial payment in accordance with
paragraph (2).
(2) Date of Payment – Not later than 60 days after the date of the estimate
described in paragraph (1) and not later than 90 days after the date on which
39
the State or local government or owner or operator of a private nonprofit
facility applies for assistance under this section, an initial payment
described in paragraph (1) shall be paid.
Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C.
5174)*
(a) In General –
(1) Provision of assistance – In accordance with this section, the President, in
consultation with the Governor of a State, may provide financial assistance,
and, if necessary, direct services, to individuals and households in the State
who, as a direct result of a major disaster, have necessary expenses and
serious needs in cases in which the individuals and households are unable to
meet such expenses or needs through other means.
(2) Relationship to other assistance – Under paragraph (1), an individual or
household shall not be denied assistance under paragraph (1), (3), or (4) of
subsection (c) solely on the basis that the individual or household has not
applied for or received any loan or other financial assistance from the Small
Business Administration or any other Federal agency.
(b) Housing Assistance –
(1) Eligibility – The President may provide financial or other assistance under
this section to individuals and households to respond to the disaster-related
housing needs of individuals and households who are displaced from their
predisaster primary residences or whose predisaster primary residences are
rendered uninhabitable, or with respect to individuals with disabilities,
rendered inaccessible or uninhabitable, as a result of damage caused by a
major disaster.
(2) Determination of appropriate types of assistance –
(A) In general – The President shall determine appropriate types of
housing assistance to be provided under this section to individuals
and households described in subsection (a)(1) based on
considerations of cost effectiveness, convenience to the individuals
and households, and such other factors as the President may
consider appropriate.
(B) Multiple types of assistance – One or more types of housing
assistance may be made available under this section, based on the
suitability and availability of the types of assistance, to meet the
needs of individuals and households in the particular disaster
situation.
40
(c) Types of Housing Assistance –
(1) Temporary housing –
(A) Financial assistance –
(i) In general – The President may provide financial assistance
to individuals or households to rent alternate housing
accommodations, existing rental units, manufactured
housing, recreational vehicles, or other readily fabricated
dwellings. Such assistance may include the payment of the
cost of utilities, excluding telephone service.
(ii) Amount – The amount of assistance under clause (i) shall be
based on the fair market rent for the accommodation
provided plus the cost of any transportation, utility hookups,
security deposits, or unit installation not provided directly by
the President.
(B) Direct assistance –
(i) In general – The President may provide temporary housing
units, acquired by purchase or lease, directly to individuals
or households who, because of a lack of available housing
resources, would be unable to make use of the assistance
provided under subparagraph (A).
(ii) Period of assistance – The President may not provide direct
assistance under clause (i) with respect to a major disaster
after the end of the 18-month period beginning on the date of
the declaration of the major disaster by the President, except
that the President may extend that period if the President
determines that due to extraordinary circumstances an
extension would be in the public interest.
(iii)Collection of rental charges – After the end of the 18-month
period referred to in clause (ii), the President may charge fair
market rent for each temporary housing unit provided.
(2) Repairs –
(A) In general – The President may provide financial assistance for –
(i) the repair of owner-occupied private residences, utilities, and
residential infrastructure (such as a private access route)
damaged by a major disaster to a safe and sanitary living or
functioning condition; and
(ii) eligible hazard mitigation measures that reduce the
likelihood of future damage to such residences, utilities, or
infrastructure.
(B) Relationship to other assistance – A recipient of assistance provided
under this paragraph shall not be required to show that the
assistance can be met through other means, except insurance
proceeds.
41
(3) Replacement –
(A) In general – The President may provide financial assistance for the
replacement of owner-occupied private residences damaged by a
major disaster.
(B) Applicability of flood insurance requirement – With respect to
assistance provided under this paragraph, the President may not
waive any provision of Federal law requiring the purchase of flood
insurance as a condition of the receipt of Federal disaster assistance.
(4) Permanent or semi-permanent housing construction – The President may
provide financial assistance or direct assistance to individuals or households
to construct permanent or semi-permanent housing in insular areas outside
the continental United States and in other locations in cases in which
(A) no alternative housing resources are available; and
(B) the types of temporary housing assistance described in paragraph (1)
are unavailable, infeasible, or not cost-effective.
(d) Terms and Conditions Relating to Housing Assistance –
(1) Sites –
(A) In general -Any readily fabricated dwelling provided under this
section shall, whenever practicable, be located on a site that –
(i) is complete with utilities;
(ii) meets the physical accessibility requirements for individuals
with disabilities; and
(iii) is provided by the State or local government, by the owner
of the site, or by the occupant who was displaced by the
major disaster.
(B) Sites provided by the President – A readily fabricated dwelling may
be located on a site provided by the President if the President
determines that such a site would be more economical or accessible.
(2) Disposal of units –
(A) Sale to occupants –
(i) In general – Notwithstanding any other provision of law, a
temporary housing unit purchased under this section by the
President for the purpose of housing disaster victims may be
sold directly to the individual or household who is
occupying the unit if the individual or household lacks
permanent housing.
(ii) Sale price – A sale of a temporary housing unit under clause
(i) shall be at a price that is fair and equitable.
42
(iii)Deposit of proceeds – Notwithstanding any other provision
of law, the proceeds of a sale under clause (i) shall be
deposited in the appropriate Disaster Relief Fund account.
(iv) Hazard and flood insurance – A sale of a temporary housing
unit under clause (i) shall be made on the condition that the
individual or household purchasing the housing unit agrees
to obtain and maintain hazard and flood insurance on the
housing unit.
(v) Use of GSA services – The President may use the services of
the General Services Administration to accomplish a sale
under clause (i).
(B) Other methods of disposal -If not disposed of under subparagraph
(A), a temporary housing unit purchased under this section by the
President for the purpose of housing disaster victims –
(i) may be sold to any person; or
(ii) may be sold, transferred, donated, or otherwise made
available directly to a State or other governmental entity or
to a voluntary organization for the sole purpose of providing
temporary housing to disaster victims in major disasters and
emergencies if, as a condition of the sale, transfer, or
donation, the State, other governmental agency, or voluntary
organization agrees –
(a) to comply with the nondiscrimination provisions
of section 5151 of this title; and
(b) to obtain and maintain hazard and flood insurance
on the housing unit.
(e) Financial Assistance To Address Other Needs –
(1) Medical, dental, and funeral expenses – The President, in consultation with
the Governor of a State, may provide financial assistance under this section
to an individual or household in the State who is adversely affected by a
major disaster to meet disaster-related medical, dental, and funeral
expenses.
(2) Personal property, transportation, and other expenses – The President, in
consultation with the Governor of a State, may provide financial assistance
under this section to an individual or household described in paragraph (1)
to address personal property, transportation, and other necessary expenses
or serious needs resulting from the major disaster.
43
(f) State Role –
(1) Financial assistance to address other needs –
(A) Grant to state – Subject to subsection (g), a Governor may request a
grant from the President to provide financial assistance to
individuals and households in the State under subsection (e).
(B) Administrative costs – A State that receives a grant under
subparagraph (A) may expend not more than 5 percent of the
amount of the grant for the administrative costs of providing
financial assistance to individuals and households in the State under
subsection (e).
(2) Access to records – In providing assistance to individuals and households
under this section, the President shall provide for the substantial and
ongoing involvement of the States in which the individuals and households
are located, including by providing to the States access to the electronic
records of individuals and households receiving assistance under this
section in order for the States to make available any additional State and
local assistance to the individuals and households.
(g) Cost Sharing –
(1) Federal share – Except as provided in paragraph (2), the Federal share of the
costs eligible to be paid using assistance provided under this section shall
be 100 percent.
(2) Financial assistance to address other needs – In the case of financial
assistance provided under subsection (e) –
(A) the Federal share shall be 75 percent; and
(B) the non-Federal share shall be paid from funds made available by
the State.
(h) Maximum Amount of Assistance –
(1) In general – No individual or household shall receive financial assistance
greater than $25,000 under this section with respect to a single major
disaster.
(2) Adjustment of limit – The limit established under paragraph (1) shall be
adjusted annually to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Department of Labor.
(i) Verification Measures – In carrying out this section, the President shall develop a
system, including an electronic database, that shall allow the President, or the
designee of the President, to
44
(1) verify the identity and address of recipients of assistance under this section
to provide reasonable assurance that payments are made only to an
individual or household that is eligible for such assistance;
(2) minimize the risk of making duplicative payments or payments for
fraudulent claims under this section;
(3) collect any duplicative payment on a claim under this section, or reduce the
amount of subsequent payments to offset the amount of any such duplicate
payment;
(4) provide instructions to recipients of assistance under this section regarding
the proper use of any such assistance, regardless of how such assistance is
distributed; and
(5) conduct an expedited and simplified review and appeal process for an
individual or household whose application for assistance under this section
is denied.
(j) Rules and Regulations – The President shall prescribe rules and regulations to carry
out this section, including criteria, standards, and procedures for determining
eligibility for assistance.
Sec. 410. Unemployment Assistance (42 U.S.C. 5177)
(a) Benefit assistance – The President is authorized to provide to any individual
unemployed as a result of a major disaster such benefit assistance as he deems
appropriate while such individual is unemployed for the weeks of such
unemployment with respect to which the individual is not entitled to any other
unemployment compensation (as that term is defined in section 85(b) of the
Internal Revenue Code of 1986) or a waiting period credit. Such assistance as the
President shall provide shall be available to an individual as long as the individual’s
unemployment caused by the major disaster continues or until the individual is
reemployed in a suitable position, but no longer than 26 weeks after the major
disaster is declared. Such assistance for a week of unemployment shall not exceed
the maximum weekly amount authorized under the unemployment compensation
law of the State in which the disaster occurred. The President is directed to provide
such assistance through agreements with States which, in his judgment, have an
adequate system for administering such assistance through existing State agencies.
(b) Reemployment assistance
(1) State assistance – A State shall provide, without reimbursement from any
funds provided under this Act, reemployment assistance services under any
other law administered by the State to individuals receiving benefits under
this section.
45
(2) Federal assistance – The President may provide reemployment assistance
services under other laws to individuals who are unemployed as a result of
a major disaster and who reside in a State which does not provide such
services.
Sec. 412. Food Coupons and Distribution (42 U.S.C. 5179)
(a) Persons eligible; terms and conditions – Whenever the President determines that, as
a result of a major disaster, low-income households are unable to purchase
adequate amounts of nutritious food, he is authorized, under such terms and
conditions as he may prescribe, to distribute through the Secretary of Agriculture
or other appropriate agencies coupon allotments to such households pursuant to the
provisions of the Food Stamp Act of 1964 (P.L.
91
-671;
84
Stat. 2048), 7 U.S.C.
2011 et seq., and to make surplus commodities available pursuant to the provisions
of this Act.
(b) Duration of assistance; factors considered – The President, through the Secretary of
Agriculture or other appropriate agencies, is authorized to continue to make such
coupon allotments and surplus commodities available to such households for so
long as he determines necessary, taking into consideration such factors as he deems
appropriate, including the consequences of the major disaster on the earning power
of the households, to which assistance is made available under this section.
(c) Food Stamp Act provisions unaffected – Nothing in this section shall be construed
as amending or otherwise changing the provisions of the Food Stamp Act of 1964,
7 U.S.C. 2011 et seq., except as they relate to the availability of food stamps in an
area affected by a major disaster.
Sec. 413. Food Commodities (42 U.S.C. 5180)
(a) Emergency mass feeding – The President is authorized and directed to assure that
adequate stocks of food will be ready and conveniently available for emergency
mass feeding or distribution in any area of the United States which suffers a major
disaster or emergency.
(b) Funds for purchase of food commodities – The Secretary of Agriculture shall utilize
funds appropriated under section 612c of title 7, to purchase food commodities
necessary to provide adequate supplies for use in any area of the United States in
the event of a major disaster or emergency in such area.
Sec. 414. Relocation Assistance (42 U.S.C. 5181)
Notwithstanding any other provision of law, no person otherwise eligible for any kind of
replacement housing payment under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, P.L. 91-646, 42 U.S.C.
46
01 et seq., shall be denied such
46
eligibility as a result of his being unable, because of a major disaster as determined by the
President, to meet the occupancy requirements set by such Act.
Sec. 415. Legal Services (42 U.S.C. 5182)
Whenever the President determines that low-income individuals are unable to secure legal
services adequate to meet their needs as a consequence of a major disaster, consistent with
the goals of the programs authorized by this Act, the President shall assure that such
programs are conducted with the advice and assistance of appropriate Federal agencies and
State and local bar associations.
Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183)
The President is authorized to provide professional counseling services, including financial
assistance to State or local agencies or private mental health organizations to provide such
services or training of disaster workers, to victims of major disasters in order to relieve
mental health problems caused or aggravated by such major disaster or its aftermath.
Sec. 417. Community Disaster Loans (42 U.S.C. 5184)*
(a) In General – The President is authorized to make loans to any local government
which may suffer a substantial loss of tax and other revenues as a result of a major
disaster, and has demonstrated a need for financial assistance in order to perform
its governmental functions.
(b) Amount – The amount of any such loan shall be based on need, shall not exceed
(1) 25 percent of the annual operating budget of that local government for the
fiscal year in which the major disaster occurs, and shall not exceed
$5,000,000; or
(2) if the loss of tax and other revenues of the local government as a result of
the major disaster is at least 75 percent of the annual operating budget of
that local government for the fiscal year in which the major disaster occurs,
50 percent of the annual operating budget of that local government for the
fiscal year in which the major disaster occurs, and shall not exceed
$5,000,000.
(c) Repayment –
(1) Cancellation – Repayment of all or any part of such loan to the extent that
revenues of the local government during the three full fiscal year period
following the major disaster are insufficient to meet the operating budget of
the local government, including additional disaster-related expenses of a
municipal operation character shall be cancelled.
47
(2) Condition on continuing eligibility – A local government shall not be
eligible for further assistance under this section during any period in which
the local government is in arrears with respect to a required repayment of a
loan under this section.
(d) Effect on Other Assistance – Any loans made under this section shall not reduce or
otherwise affect any grants or other assistance under this Act.
Sec. 418. Emergency Communications (42 U.S.C. 5185)
The President is authorized during, or in anticipation of an emergency or major disaster to
establish temporary communications systems and to make such communications available
to State and local government officials and other persons as he deems appropriate.
Sec. 419. Emergency Public Transportation (42 U.S.C. 5186)
The President is authorized to provide temporary public transportation service in an area
affected by a major disaster to meet emergency needs and to provide transportation to
governmental offices, supply centers, stores, post offices, schools, major employment
centers, and such other places as may be necessary in order to enable the community to
resume its normal pattern of life as soon as possible.
Sec. 420. Fire Management Assistance (42 U.S.C. 5187)
(a) In General – The President is authorized to provide assistance, including grants,
equipment, supplies, and personnel, to any State or local government for the
mitigation, management, and control of any fire on public or private forest land or
grassland that threatens such destruction as would constitute a major disaster.
(b) Coordination with State and Tribal Departments of Forestry – In providing
assistance under this section, the President shall coordinate with State and tribal
departments of forestry.
(c) Essential Assistance – In providing assistance under this section, the President may
use the authority provided under section 5170b of this title.
(d) Rules and Regulations – The President shall prescribe such rules and regulations as
are necessary to carry out this section.
Sec. 421. Timber Sale Contracts (42 U.S.C. 5188)
(a) Cost-sharing arrangement – Where an existing timber sale contract between the
Secretary of Agriculture or the Secretary of the Interior and a timber purchaser
does not provide relief from major physical change not due to negligence of the
purchaser prior to approval of construction of any section of specified road or of
any other specified development facility and, as a result of a major disaster, a major
48
physical change results in additional construction work in connection with such
road or facility by such purchaser with an estimated cost, as determined by the
appropriate Secretary, (1) of more than $ 1,000 for sales under one million board
feet, (2) of more than $1 per thousand board feet for sales of one to three million
board feet, or (3) of more than $3,000 for sales over three million board feet, such
increased construction cost shall be borne by the United States.
(b) Cancellation of authority – If the appropriate Secretary determines that damages are
so great that restoration, reconstruction, or construction is not practical under the
cost-sharing arrangement authorized by subsection (a) of this section, he may allow
cancellation of a contract entered into by his Department notwithstanding contrary
provisions therein.
(c) Public notice of sale – The Secretary of Agriculture is authorized to reduce to seven
days the minimum period of advance public notice required by section 476 of title
16, in connection with the sale of timber from national forests, whenever the
Secretary determines that (1) the sale of such timber will assist in the construction
of any area of a State damaged by a major disaster, (2) the sale of such timber will
assist in sustaining the economy of such area, or (3) the sale of such timber is
necessary to salvage the value of timber damaged in such major disaster or to
protect undamaged timber.
(d) State grants for removal of damaged timber; reimbursement of expenses limited to
salvage value of removed timber – The President, when he determines it to be in the
public interest, is authorized to make grants to any State or local government for
the purpose of removing from privately owned lands timber damaged as a result of
a major disaster, and such State or local government is authorized upon application,
to make payments out of such grants to any person for reimbursement of expenses
actually incurred by such person in the removal of damaged timber, not to exceed
the amount that such expenses exceed the salvage value of such timber.
Sec. 422. Simplified Procedures (42 U.S.C. 5189)
If the Federal estimate of the cost of –
(1) repairing, restoring, reconstructing, or replacing under section 5172 of this title any
damaged or destroyed public facility or private nonprofit facility,
(2) emergency assistance under section 5170b or 5192 of this title, or
(3) debris removed under section 5173 of this title, is less than $35,000, the President
(on application of the State or local government or the owner or operator of the
private nonprofit facility) may make the contribution to such State or local
government or owner or operator under section 5170b, 5172, 5173, or 5192 of this
title, as the case may be, on the basis of such Federal estimate. Such $35,000
amount shall be adjusted annually to reflect changes in the Consumer Price Index
for All Urban Consumers published by the Department of Labor.
49
Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a)
(a) Right of appeal – Any decision regarding eligibility for, from, or amount of
assistance under this title may be appealed within 60 days after the date on which
the applicant for such assistance is notified of the award or denial of award of such
assistance.
(b) Period for decision – A decision regarding an appeal under subsection (a) shall be
rendered within 90 days after the date on which the Federal official designated to
administer such appeals receives notice of such appeal.
(c) Rules – The President shall issue rules which provide for the fair and impartial
consideration of appeals under this section.
Sec. 424. Date of Eligibility; Expenses Incurred Before Date of Disaster (42
U.S.C. 5189b)
Eligibility for Federal assistance under this title shall begin on the date of the occurrence of
the event which results in a declaration by the President that a major disaster exists; except
that reasonable expenses which are incurred in anticipation of and immediately preceding
such event may be eligible for Federal assistance under this Act.
Sec. 425. Transportation Assistance to Individuals and Households (42
U.S.C. 5189c)*
The President may provide transportation assistance to relocate individuals displaced from
their predisaster primary residences as a result of an incident declared under this Act or
otherwise transported from their predisaster primary residences under section 403(a)(3) or
502, to and from alternative locations for short or long-term accommodation or to return an
individual or household to their predisaster primary residence or alternative location, as
determined necessary by the President.
Sec. 426. Case Management Services (42 U.S.C. 5189d)*
The President may provide case management services, including financial assistance, to
State or local government agencies or qualified private organizations to provide such
services, to victims of major disasters to identify and address unmet needs.
Sec. 427. Essential Service Providers (42 U.S.C. 5189e)*
(a) Definition – In this section, the term ‘essential service provider’ means an entity
that
(1) provides –
(A) telecommunications service;
50
(B) electrical power;
(C) natural gas;
(D) water and sewer services; or
(E) any other essential service, as determined by the President;
(2) is –
(A) a municipal entity;
(B) a nonprofit entity; or
(C) a private, for profit entity; and
(3) is contributing to efforts to respond to an emergency or major disaster.
(b) Authorization for accessibility – Unless exceptional circumstances apply, in an
emergency or major disaster, the head of a Federal agency, to the greatest extent
practicable, shall not –
(1) deny or impede access to the disaster site to an essential service provider
whose access is necessary to restore and repair an essential service; or
(2) impede the restoration or repair of the services described in subsection
(a)(1).
(c) Implementation – In implementing this section, the head of a Federal agency
shall follow all applicable Federal laws, regulation, and policies.
Title V — Emergency Assistance Programs
Sec. 501. Procedure for Declaration (42 U.S.C. 5191)
(a) Request and declaration – All requests for a declaration by the President that an
emergency exists shall be made by the Governor of the affected State. Such a
request shall be based on a finding that the situation is of such severity and
magnitude that effective response is beyond the capabilities of the State and the
affected local governments and that Federal assistance is necessary. As a part of
such request, and as a prerequisite to emergency assistance under this Act, the
Governor shall take appropriate action under State law and direct execution of the
State’s emergency plan. The Governor shall furnish information describing the
State and local efforts and resources which have been or will be used to alleviate
the emergency, and will define the type and extent of Federal aid required. Based
upon such Governor’s request, the President may declare that an emergency exists.
(b) Certain emergencies involving Federal primary responsibility – The President may
exercise any authority vested in him by section 502 or section 503 with respect to
an emergency when he determines that an emergency exists for which the primary
responsibility for response rests with the United States because the emergency
51
involves a subject area for which, under the Constitution or laws of the United
States, the United States exercises exclusive or preeminent responsibility and
authority. In determining whether or not such an emergency exists, the President
shall consult the Governor of any affected State, if practicable. The President’s
determination may be made without regard to subsection (a).
Sec. 502. Federal emergency assistance (42 U.S.C. 5192)*
(a) Specified – In any emergency, the President may –
(1) direct any Federal agency, with or without reimbursement, to utilize its
authorities and the resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, and managerial, technical and
advisory services) in support of State and local emergency assistance efforts
to save lives, protect property and public health and safety, and lessen or
avert the threat of a catastrophe, including precautionary evacuations;
(2) coordinate all disaster relief assistance (including voluntary assistance)
provided by Federal agencies, private organizations, and State and local
governments;
(3) provide technical and advisory assistance to affected State and local
governments for –
(A) the performance of essential community services;
(B) issuance of warnings of risks or hazards;
(C) public health and safety information, including dissemination of
such information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of immediate threats to public
health and safety;
(4) provide emergency assistance through Federal agencies;
(5) remove debris in accordance with the terms and conditions of section 407;
(6) provide assistance in accordance with section 408;
(7) assist State and local governments in the distribution of medicine, food, and
other consumable supplies, and emergency assistance; and
(8) provide accelerated Federal assistance and Federal support where necessary
to save lives, prevent human suffering, or mitigate severe damage, which
may be provided in the absence of a specific request and in which case the
President –
52
(A) shall, to the fullest extent practicable, promptly notify and
coordinate with a State in which such assistance or support is
provided; and
(B) shall not, in notifying and coordinating with a State under
subparagraph (A), delay or impede the rapid deployment, use, and
distribution of critical resources to victims of an emergency.
(b) General – Whenever the Federal assistance provided under subsection (a) with
respect to an emergency is inadequate, the President may also provide assistance
with respect to efforts to save lives, protect property and public health and safety,
and lessen or avert the threat of a catastrophe, including precautionary evacuations.
(c) Guidelines – The President shall promulgate and maintain guidelines to assist
Governors in requesting the declaration of an emergency in advance of a natural or
man-made disaster (including for the purpose of seeking assistance with special
needs and other evacuation efforts) under this section by defining the types of
assistance available to affected States and the circumstances under which such
requests are likely to be approved.
Sec. 503. Amount of Assistance (42 U.S.C. 5193)
(a) Federal share – The Federal share for assistance provided under this title shall be
equal to not less than 75 percent of the eligible costs.
(b) Limit on amount of assistance–
(1) In general – Except as provided in paragraph (2), total assistance provided
under this title for a single emergency shall not exceed $5,000,000.
(2) Additional assistance – The limitation described in paragraph (1) may be
exceeded when the President determines that –
(A) continued emergency assistance is immediately required;
(B) there is a continuing and immediate risk to lives, property, public
health or safety; and
(C) necessary assistance will not otherwise be provided on a timely
basis.
(3) Report – Whenever the limitation described in paragraph (1) is exceeded,
the President shall report to the Congress on the nature and extent of
emergency assistance requirements and shall propose additional legislation
if necessary.
53
Title VI — Emergency Preparedness
Sec. 601. Declaration of policy (42 U.S.C. 5195)
The purpose of this title is to provide a system of emergency preparedness for the
protection of life and property in the United States from hazards and to vest responsibility
for emergency preparedness jointly in the Federal Government and the States and their
political subdivisions. The Congress recognizes that the organizational structure established
jointly by the Federal Government and the States and their political subdivisions for
emergency preparedness purposes can be effectively utilized to provide relief and
assistance to people in areas of the United States struck by a hazard. The Federal
Government shall provide necessary direction, coordination, and guidance, and shall
provide necessary assistance, as authorized in this title so that a comprehensive emergency
preparedness system exists for all hazards.
Sec. 602. Definitions (42 U.S.C. 5195a)
(a) Definitions – For purposes of this title only:
(1) Hazard – The term “hazard” means an emergency or disaster resulting
from–
(A) a natural disaster; or
(B) an accidental or man-caused event.
(2) Natural disaster – The term “natural disaster” means any hurricane, tornado,
storm, flood, high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought,
fire, or other catastrophe in any part of the United States which causes, or
which may cause, substantial damage or injury to civilian property or
persons.
(3) Emergency preparedness – The term “emergency preparedness” means all
those activities and measures designed or undertaken to prepare for or
minimize the effects of a hazard upon the civilian population, to deal with
the immediate emergency conditions which would be created by the hazard,
and to effectuate emergency repairs to, or the emergency restoration of,
vital utilities and facilities destroyed or damaged by the hazard. Such term
includes the following:
(A) Measures to be undertaken in preparation for anticipated hazards
(including the establishment of appropriate organizations,
operational plans, and supporting agreements, the recruitment and
training of personnel, the conduct of research, the procurement and
stockpiling of necessary materials and supplies, the provision of
suitable warning systems, the construction or preparation of shelters,
54
shelter areas, and control centers, and, when appropriate, the non-
military evacuation of the civilian population).
(B) Measures to be undertaken during a hazard (including the
enforcement of passive defense regulations prescribed by duly
established military or civil authorities, the evacuation of personnel
to shelter areas, the control of traffic and panic, and the control and
use of lighting and civil communications).
(C) Measures to be undertaken following a hazard (including activities
for fire fighting, rescue, emergency medical, health and sanitation
services, monitoring for specific dangers of special weapons,
unexploded bomb reconnaissance, essential debris clearance,
emergency welfare measures, and immediately essential emergency
repair or restoration of damaged vital facilities).
(4) Organizational equipment – The term “organizational equipment” means
equipment determined by the Director to be necessary to an emergency
preparedness organization, as distinguished from personal equipment, and
of such a type or nature as to require it to be financed in whole or in part by
the Federal Government. Such term does not include those items which the
local community normally uses in combating local disasters, except when
required in unusual quantities dictated by the requirements of the
emergency preparedness plans.
(5) Materials – The term “materials” includes raw materials, supplies,
medicines, equipment, component parts and technical information and
processes necessary for emergency preparedness.
(6) Facilities – The term “facilities”, except as otherwise provided in this title,
includes buildings, shelters, utilities, and land.
(7) Director – The term “Director” means the Director of the Federal
Emergency Management Agency.
(8) Neighboring countries – The term “neighboring countries” includes Canada
and Mexico.
(9) United States and States – The terms “United States “ and “States” includes
the several States, the District of Columbia , and territories and possessions
of the United States .
(10) State – The term “State” includes interstate emergency preparedness
authorities established under section 5196(h) of this title.
(b) Cross Reference – The terms “national defense” and “defense,” as used in the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), includes [include]
emergency preparedness activities conducted pursuant to this title.
55
Sec. 603. Administration of Title (42 U.S.C. 5195b)
This title shall be carried out by the Director of the Federal Emergency Management
Agency.
SUBTITLE A – POWERS AND DUTIES
Sec. 611. Detailed Functions or Administration (42 U.S.C. 5196)*
(a) In General – In order to carry out the policy described in section 5195 of this title,
the Director shall have the authorities provided in this section.
(b) Federal Emergency Response Plans and Programs – The Director may prepare
Federal response plans and programs for the emergency preparedness of the United
States and sponsor and direct such plans and programs. To prepare such plans and
programs and coordinate such plans and programs with State efforts, the Director
may request such reports on State plans and operations for emergency preparedness
as may be necessary to keep the President, Congress, and the States advised of the
status of emergency preparedness in the United States.
(c) Delegation of emergency preparedness responsibilities – With the approval of the
President, the Director may delegate to other departments and agencies of the
Federal Government appropriate emergency preparedness responsibilities and
review and coordinate the emergency preparedness activities of the departments
and agencies with each other and with the activities of the States and neighboring
countries.
(d) Communications and warnings – The Director may make appropriate provision for
necessary emergency preparedness communications and for dissemination of
warnings to the civilian population of a hazard.
(e) Emergency preparedness measures – The Director may study and develop
emergency preparedness measures designed to afford adequate protection of life
and property, including –
(1) research and studies as to the best methods of treating the effects of
hazards;
(2) developing shelter designs and materials for protective covering or
construction;
(3) developing equipment or facilities and effecting the standardization thereof
to meet emergency preparedness requirements; and
(4) plans that take into account the needs of individuals with pets and service
animals prior to, during, and following a major disaster or emergency.
56
(f) Training programs –
(1) The Director may –
(A) conduct or arrange, by contract or otherwise, for training programs
for the instruction of emergency preparedness officials and other
persons in the organization, operation, and techniques of emergency
preparedness;
(B) conduct or operate schools or including the payment of travel
expenses, in accordance with subchapter I of chapter
57
of title 5,
and the Standardized Government Travel Regulations, and per diem
allowances, in lieu of subsistence for trainees in attendance or the
furnishing of subsistence and quarters for trainees and instructors on
terms prescribed by the Director; and
(C) provide instructors and training aids as necessary.
(2) The terms prescribed by the Director for the payment of travel expenses and
per diem allowances authorized by this subsection shall include a provision
that such payment shall not exceed one-half of the total cost of such
expenses.
(3) The Director may lease real property required for the purpose of carrying
out this subsection, but may not acquire fee title to property unless
specifically authorized by law.
(g) Public dissemination of emergency preparedness information – The Director may
publicly disseminate appropriate emergency preparedness information by all
appropriate means.
(h) Emergency preparedness compacts –
(1) The Director shall establish a program supporting the development of
emergency preparedness compacts for acts of terrorism, disasters, and
emergencies throughout the Nation, by –
(A) identifying and cataloging existing emergency preparedness
compacts for acts of terrorism, disasters, and emergencies at the
State and local levels of government;
(B) disseminating to State and local governments examples of best
practices in the development of emergency preparedness compacts
and models of existing emergency preparedness compacts, including
agreements involving interstate jurisdictions; and
(C) completing an inventory of Federal response capabilities for acts of
terrorism, disasters, and emergencies, making such inventory
available to appropriate Federal, State, and local government
officials, and ensuring that such inventory is as current and accurate
as practicable.
57
(2) The Director may –
(A) assist and encourage the States to negotiate and enter into interstate
emergency preparedness compacts;
(B) review the terms and conditions of such proposed compacts in order
to assist, to the extent feasible, in obtaining uniformity between such
compacts and consistency with Federal emergency response plans
and programs;
(C) assist and coordinate the activities under such compacts; and
(D) aid and assist in encouraging reciprocal emergency preparedness
legislation by the States which will permit the furnishing of mutual
aid for emergency preparedness purposes in the event of a hazard
which cannot be adequately met or controlled by a State or political
subdivision thereof threatened with or experiencing a hazard.
(3) A copy of each interstate emergency preparedness compact shall be
transmitted promptly to the Senate and the House of Representatives. The
consent of Congress is deemed to be granted to each such compact upon the
expiration of the 60-day period beginning on the date on which the compact
is transmitted to Congress.
(4) Nothing in this subsection shall be construed as preventing Congress from
disapproving, or withdrawing at any time its consent to, any interstate
emergency preparedness compact.
(i) Materials and facilities –
(1) The Director may procure by condemnation or otherwise, construct, lease,
transport, store, maintain, renovate or distribute materials and facilities for
emergency preparedness, with the right to take immediate possession
thereof.
(2) Facilities acquired by purchase, donation, or other means of transfer may be
occupied, used, and improved for the purposes of this title before the
approval of title by the Attorney General as required by section 255 of title
40 .
(3) The Director may lease real property required for the purpose of carrying
out the provisions of this subsection, but shall not acquire fee title to
property unless specifically authorized by law.
(4) The Director may procure and maintain under this subsection radiological,
chemical, bacteriological, and biological agent monitoring and
decontamination devices and distribute such devices by loan or grant to the
States for emergency preparedness purposes, under such terms and
conditions as the Director shall prescribe.
58
(j) Financial contributions –
(1) The Director may make financial contributions, on the basis of programs or
projects approved by the Director, to the States for emergency preparedness
purposes, including the procurement, construction, leasing, or renovating of
materials and facilities. Such contributions shall be made on such terms or
conditions as the Director shall prescribe, including the method of purchase,
the quantity, quality, or specifications of the materials or facilities, and such
other factors or care or treatment to assure the uniformity, availability, and
good condition of such materials or facilities.
(2) The Director may make financial contributions, on the basis of programs or
projects approved by the Director, to the States and local authorities for
animal emergency preparedness purposes, including the procurement,
construction, leasing, or renovating of emergency shelter facilities and
materials that will accommodate people with pets and service animals.
(3) No contribution may be made under this subsection for the procurement of
land or for the purchase of personal equipment for State or local emergency
preparedness workers.
(4) The amounts authorized to be contributed by the Director to each State for
organizational equipment shall be equally matched by such State from any
source it determines is consistent with its laws.
(5) Financial contributions to the States for shelters and other protective
facilities shall be determined by taking the amount of funds appropriated or
available to the Director for such facilities in each fiscal year and
apportioning such funds among the States in the ratio which the urban
population of the critical target areas (as determined by the Director) in
each State, at the time of the determination, bears to the total urban
population of the critical target areas of all of the States.
(6) The amounts authorized to be contributed by the Director to each State for
such shelters and protective facilities shall be equally matched by such
State from any source it determines is consistent with its laws and, if not
matched within a reasonable time, the Director may reallocate such
amounts to other States under the formula described in paragraph (4). The
value of any land contributed by any State or political subdivision thereof
shall be excluded from the computation of the State share under this
subsection.
(7) The amounts paid to any State under this subsection shall be expended
solely in carrying out the purposes set forth herein and in accordance with
State emergency preparedness programs or projects approved by the
Director. The Director shall make no contribution toward the cost of any
program or project for the procurement, construction, or leasing of any
59
facility which (A) is intended for use, in whole or in part, for any purpose
other than emergency preparedness, and (B) is of such kind that upon
completion it will, in the judgment of the Director, be capable of producing
sufficient revenue to provide reasonable assurance of the retirement or
repayment of such cost; except that (subject to the preceding provisions of
this subsection) the Director may make a contribution to any State toward
that portion of the cost of the construction, reconstruction, or enlargement
of any facility which the Director determines to be directly attributable to
the incorporation in such facility of any feature of construction or design
not necessary for the principal intended purpose thereof but which is, in the
judgment of the Director necessary for the use of such facility for
emergency preparedness purposes.
(8) The Director shall submit to Congress a report, at least annually, regarding
all contributions made pursuant to this subsection.
(9) All laborers and mechanics employed by contractors or subcontractors in
the performance of construction work financed with the assistance of any
contribution of Federal funds made by the Director under this subsection
shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of Labor in
accordance with the Act of March 3, 1931 (commonly known as the Davis-
Bacon Act, 40 U.S.C. 276a – 276a-5), and every such employee shall
receive compensation at a rate not less than one and 1/2 times the basic rate
of pay of the employee for all hours worked in any workweek in excess of
eight hours in any workday or 40 hours in the workweek, as the case may
be. The Director shall make no contribution of Federal funds without first
obtaining adequate assurance that these labor standards will be maintained
upon the construction work. The Secretary of Labor shall have, with respect
to the labor standards specified in this subsection, the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C.
App.) and section 276c of title 40.
(k) Sale or disposal of certain materials and facilities – The Director may arrange for
the sale or disposal of materials and facilities found by the Director to be
unnecessary or unsuitable for emergency preparedness purposes in the same
manner as provided for excess property under the Federal Property and
Administrative Services Act of 1949 ( 40 U.S.C. 471 et seq.). Any funds received
as proceeds from the sale or other disposition of such materials and facilities shall
be deposited into the Treasury as miscellaneous receipts.
60
Sec. 612. Mutual Aid Pacts Between States and Neighboring Countries (42
U.S.C. 5196a)
The Director shall give all practicable assistance to States in arranging, through the
Department of State, mutual emergency preparedness aid between the States and
neighboring countries.
Sec. 613. Contributions for Personnel and Administrative Expenses (42
U.S.C. 5196b)*
(a) General authority – To further assist in carrying out the purposes of this title, the
Director may make financial contributions to the States (including interstate
emergency preparedness authorities established pursuant to section 5196(h) of this
title) for necessary and essential State and local emergency preparedness personnel
and administrative expenses, on the basis of approved plans (which shall be
consistent with the Federal emergency response plans for emergency preparedness)
for the emergency preparedness of the States. The financial contributions to the
States under this section may not exceed one-half of the total cost of such
necessary and essential State and local emergency preparedness personnel and
administrative expenses.
(b) Plan requirements – A plan submitted under this section shall –
(1) provide, pursuant to State law, that the plan shall be in effect in all political
subdivisions of the State and be mandatory on them and be administered or
supervised by a single State agency;
(2) provide that the State shall share the financial assistance with that provided
by the Federal Government under this section from any source determined
by it to be consistent with State law;
(3) provide for the development of State and local emergency preparedness
operational plans, including a catastrophic incident annex, pursuant to
standards approved by the Director;
(4) provide for the employment of a full-time emergency preparedness director,
or deputy director, by the State;
(5) provide that the State shall make such reports in such form and content as
the Director may require;
(6) make available to duly authorized representatives of the Director and the
Comptroller General, books, records, and papers necessary to conduct
audits for the purposes of this section; and
(7) include a plan for providing information to the public in a coordinated
manner.
61
(c) Catastrophic Incident Annex –
(1) Consistency – A catastrophic incident annex submitted under subsection
(b)(3) shall be –
(A) modeled after the catastrophic incident annex of the National
Response Plan; and
(B) consistent with the national preparedness goal established under
section 643 of the Post-Katrina Emergency Management Reform
Act of 2006, the National Incident Management System, the
National Response Plan, and other related plans and strategies.
(2) Consultation – In developing a catastrophic incident annex submitted under
subsection (b)(3), a State shall consult with and seek appropriate comments
from local governments, emergency response providers, locally governed
multijurisdictional councils of government, and regional planning
commissions.
(d) Terms and conditions – The Director shall establish such other terms and conditions
as the Director considers necessary and proper to carry out this section.
(e) Application of other provisions – In carrying out this section, the provisions of
sections 5196(h) and 5197(h) of this title shall apply.
(f) Allocation of funds – For each fiscal year concerned, the Director shall allocate to
each State, in accordance with regulations and the total sum appropriated under this
title, amounts to be made available to the States for the purposes of this section.
Regulations governing allocations to the States under this subsection shall give due
regard to (1) the criticality of the areas which may be affected by hazards with
respect to the development of the total emergency preparedness readiness of the
United States, (2) the relative state of development of emergency preparedness
readiness of the State, (3) population, and (4) such other factors as the Director
shall prescribe. The Director may reallocate the excess of any allocation not used
by a State in a plan submitted under this section. Amounts paid to any State or
political subdivision under this section shall be expended solely for the purposes
set forth in this section.
(g) Standards for State and Local Emergency Preparedness Operational Plans – In
approving standards for State and local emergency preparedness operational plans
pursuant to subsection (b)(3), the Director shall ensure that such plans take into
account the needs of individuals with household pets and service animals prior to,
during, and following a major disaster or emergency.
(h) Submission of plan – If a State fails to submit a plan for approval as required by
this section within 60 days after the Director notifies the States of the allocations
under this section, the Director may reallocate such funds, or portions thereof,
among the other States in such amounts as, in the judgment of the Director, will
62
best assure the adequate development of the emergency preparedness capability of
the United States.
(i) Annual reports – The Director shall report annually to the Congress all
contributions made pursuant to this section.
Sec. 614. Requirement for State Matching Funds for Construction of
Emergency Operating Centers (42 U.S.C. 5196c)
Notwithstanding any other provision of this title, funds appropriated to carry out this title
may not be used for the purpose of constructing emergency operating centers (or similar
facilities) in any State unless such State matches in an equal amount the amount made
available to such State under this title for such purpose.
Sec. 615. Use of Funds to Prepare for and Respond to Hazards (42 U.S.C.
5196d)
Funds made available to the States under this title may be used by the States for the
purposes of preparing for hazards and providing emergency assistance in response to
hazards. Regulations prescribed to carry out this section shall authorize the use of
emergency preparedness personnel, materials, and facilities supported in whole or in part
through contributions under this title for emergency preparedness activities and measures
related to hazards.
Sec. 616. Disaster Related Information Services (42 U.S.C. 5196f)*
(a) In General – Consistent with section 308(a), the Director of the Federal Emergency
Management Agency shall –
(1) identify, in coordination with State and local governments, population
groups with limited English proficiency and take into account such groups
in planning for an emergency or major disaster;
(2) ensure that information made available to individuals affected by a major
disaster or emergency is made available in formats that can be understood
by –
(A) population groups identified under paragraph (1); and
(B) individuals with disabilities or other special needs; and
(3) develop and maintain an informational clearinghouse of model language
assistance programs and best practices for State and local governments in
providing services related to a major disaster or emergency.
(b) Group Size – For purposes of subsection (a), the Director of the Federal Emergency
Management Agency shall define the size of a population group.
63
SUBTITLE B – GENERAL PROVISIONS
Sec. 621. Administrative Authority (42 U.S.C. 5197)
(a) In General – For the purpose of carrying out the powers and duties assigned to the
Director under this title, the Director may exercise the administrative authorities
provided under this section.
(b) Advisory personnel – The Director may employ not more than 100 part-time or
temporary advisory personnel (including not to exceed 25 subjects of the United
Kingdom or citizens of Canada) as the Director considers to be necessary in
carrying out the provisions of this title.
(1) Persons holding other offices or positions under the United States for which
they receive compensation, while serving as advisory personnel, shall
receive no additional compensation for such service. Other part-time or
temporary advisory personnel so employed may serve without
compensation or may receive compensation at a rate not to exceed $180 for
each day of service, plus authorized subsistence and travel, as determined
by the Director.
(c) Services of other agency personnel and volunteers – The Director may –
(1) use the services of Federal agencies and, with the consent of any State or
local government, accept and use the services of State and local agencies;
(2) establish and use such regional and other offices as may be necessary; and
(3) use such voluntary and uncompensated services by individuals or
organizations as may from time to time be needed.
(d) Gifts – Notwithstanding any other provision of law, the Director may accept gifts of
supplies, equipment, and facilities and may use or distribute such gifts for
emergency preparedness purposes in accordance with the provisions of this title.
(e) Reimbursement – The Director may reimburse any Federal agency for any of its
expenditures or for compensation of its personnel and use or consumption of its
materials and facilities under this title to the extent funds are available.
(f) Printing – The Director may purchase such printing, binding, and blank-book work
from public, commercial, or private printing establishments or binderies as the
Director considers necessary upon orders placed by the Public Printer or upon
waivers issued in accordance with section 504 of title 44.
(g) Rules and regulations – The Director may prescribe such rules and regulations as
may be necessary and proper to carry out any of the provisions of this title and
perform any of the powers and duties provided by this title. The Director may
perform any of the powers and duties provided by this title through or with the aid
64
of such officials of the Federal Emergency Management Agency as the Director
may designate.
(h) Failure to expend contributions correctly – When, after reasonable notice and
opportunity for hearing to the State or other person involved, the Director finds that
there is a failure to expend funds in accordance with the regulations, terms, and
conditions established under this subchapter for approved emergency preparedness
plans, programs, or projects, the Director may notify such State or person that
further payments will not be made to the State or person from appropriations under
this subchapter (or from funds otherwise available for the purposes of this
subchapter for any approved plan, program, or project with respect to which there
is such failure to comply) until the Director is satisfied that there will no longer be
any such failure.
(1) When, after reasonable notice and opportunity for hearing to the State or
other person involved, the Director finds that there is a failure to expend
funds in accordance with the regulations, terms, and conditions established
under this title for approved emergency preparedness plans, programs, or
projects, the Director may notify such State or person that further payments
will not be made to the State or person from appropriations under this title
(or from funds otherwise available for the purposes of this title for any
approved plan, program, or project with respect to which there is such
failure to comply) until the Director is satisfied that there will no longer be
any such failure.
(2) Until so satisfied, the Director shall either withhold the payment of any
financial contribution to such State or person or limit payments to those
programs or projects with respect to which there is substantial compliance
with the regulations, terms, and conditions governing plans, programs, or
projects hereunder.
(3) As used in this subsection, the term “person” means the political
subdivision of any State or combination or group thereof or any person,
corporation, association, or other entity of any nature whatsoever, including
instrumentalities of States and political subdivisions.
Sec. 622. Security Regulations (42 U.S.C. 5197a)
(a) Establishment – The Director shall establish such security requirements and
safeguards, including restrictions with respect to access to information and
property as the Director considers necessary.
(b) Limitation on Employee access to information – No employee of the Federal
Emergency Management Agency shall be permitted to have access to information
or property with respect to which access restrictions have been established under
this section, until it shall have been determined that no information is contained in
the files of the Federal Bureau of Investigation or any other investigative agency of
65
the Government indicating that such employee is of questionable loyalty or
reliability for security purposes, or if any such information is so disclosed, until the
Federal Bureau of Investigation shall have conducted a full field investigation
concerning such person and a report thereon shall have been evaluated in writing
by the Director.
(c) National Security Positions – No employee of the Federal Emergency Management
Agency shall occupy any position determined by the Director to be of critical
importance from the standpoint of national security until a full field investigation
concerning such employee shall have been conducted by the Director of the Office
of Personnel Management and a report thereon shall have been evaluated in writing
by the Director of the Federal Emergency Management Agency. In the event such
full field investigation by the Director of the Office of Personnel Management
develops any data reflecting that such applicant for a position of critical importance
is of questionable loyalty or reliability for security purposes, or if the Director of
the Federal Emergency Management Agency for any other reason considers it to be
advisable, such investigation shall be discontinued and a report thereon shall be
referred to the Director of the Federal Emergency Management Agency for
evaluation in writing. Thereafter, the Director of the Federal Emergency
Management Agency may refer the matter to the Federal Bureau of Investigation
for the conduct of a full field investigation by such Bureau. The result of such latter
investigation by such Bureau shall be furnished to the Director of the Federal
Emergency Management Agency for action.
(d) Employee Oaths – Each Federal employee of the Federal Emergency Management
Agency acting under the authority of this title, except the subjects of the United
Kingdom and citizens of Canada specified in section 5197(b) of this title, shall
execute the loyalty oath or appointment affidavits prescribed by the Director of the
Office of Personnel Management. Each person other than a Federal employee who
is appointed to serve in a State or local organization for emergency preparedness
shall before entering upon duties, take an oath in writing before a person authorized
to administer oaths, which oath shall be substantially as follows:
(e) “I______, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States against all enemies, foreign and domestic; that I
will bear true faith and allegiance to the same; that I take this obligation freely,
without any mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter.
“And I do further swear (or affirm) that I do not advocate, nor am I a member or an
affiliate of any organization, group, or combination of persons that advocates the
overthrow of the Government of the United States by force or violence; and that
during such time as I am a member of ________ (name of emergency preparedness
organization), I will not advocate nor become a member or an affiliate of any
organization, group, or combination of persons that advocates the overthrow of the
Government of the United States by force or violence.”
66
Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b)
In performing duties under this title, the Director –
(1) shall cooperate with the various departments and agencies of the Federal
Government;
(2) shall use, to the maximum extent, the existing facilities and resources of the Federal
Government and, with their consent, the facilities and resources of the States and
political subdivisions thereof, and of other organizations and agencies; and
(3) shall refrain from engaging in any form of activity which would duplicate or
parallel activity of any other Federal department or agency unless the Director, with
the written approval of the President, shall determine that such duplication is
necessary to accomplish the purposes of this title.
Sec. 624. Annual Report to Congress (42 U.S.C. 5197c)
The Director shall annually submit a written report to the President and Congress covering
expenditures, contributions, work, and accomplishments of the Federal Emergency
Management Agency pursuant to this title, accompanied by such recommendations as the
Director considers appropriate.
Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d)
The provisions of this title shall be applicable to the United States, its States, Territories
and possessions, and the District of Columbia, and their political subdivisions.
Sec. 626. Authorization of Appropriation and Transfers of Funds (42 U.S.C.
5197e)
(a) Authorization of appropriations – There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of this title.
(b) Transfer Authority – Funds made available for the purposes of this title may be
allocated or transferred for any of the purposes of this title, with the approval of the
Director of the Office of Management and Budget, to any agency or government
corporation designated to assist in carrying out this title. Each such allocation or
67
Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f)
Nothing in this title shall be construed to alter or modify the provisions of the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)
Nothing in this title shall be construed to authorize investigations of espionage, sabotage, or
subversive acts by any persons other than personnel of the Federal Bureau of Investigation.
Sec. 701. Rules and Regulations (42 U.S.C. 5201)
(a) Rules and regulations
(1) The President may prescribe such rules and regulations as may be necessary
and proper to carry out any of the provisions of this Act, and he may
exercise any power or authority conferred on him by any section of this Act
either directly or through such Federal agency or agencies as he may
designate.
(2) Deadline for payment of assistance – Rules and regulations authorized by
paragraph (1) shall provide that payment of any assistance under this Act to
a State shall be completed within 60 days after the date of approval of such
assistance.
(b) In furtherance of the purposes of this Act, the President or his delegate may accept
and use bequests, gifts, or donations of service, money, or property, real, personal,
or mixed, tangible, or intangible. All sums received under this subsection shall be
deposited in a separate fund on the books of the Treasury and shall be available for
expenditure upon the certification of the President or his delegate. At the request of
the President or his delegate, the Secretary of the Treasury may invest and reinvest
excess monies in the fund. Such investments shall be in public debt securities with
maturities suitable for the needs of the fund and shall bear interest at rates
determined by the Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the United States of
comparable maturities. The interest on such investments shall be credited to, and
form a part of, the fund.
Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205)
(a) Statute of Limitations –
68
(1) In general – Except as provided in paragraph (2), no administrative action to
recover any payment made to a State or local government for disaster or
emergency assistance under this Act shall be initiated in any forum after the
date that is 3 years after the date of transmission of the final expenditure
report for the disaster or emergency.
(2) Fraud exception – The limitation under paragraph (1) shall apply unless
there is evidence of civil or criminal fraud.
(b) Rebuttal of Presumption of Record Maintenance –
(1) In general – In any dispute arising under this section after the date that is 3
years after the date of transmission of the final expenditure report for the
disaster or emergency, there shall be a presumption that accounting records
were maintained that adequately identify the source and application of
funds provided for financially assisted activities.
(2) Affirmative evidence – The presumption described in paragraph (1) may be
rebutted only on production of affirmative evidence that the State or local
government did not maintain documentation described in that paragraph.
(3) Inability to produce documentation – The inability of the Federal, State, or
local government to produce source documentation supporting expenditure
reports later than 3 years after the date of transmission of the final
expenditure report shall not constitute evidence to rebut the presumption
described in paragraph (1).
(4) Right of access – The period during which the Federal, State, or local
government has the right to access source documentation shall not be
limited to the required 3-year retention period referred to in paragraph (3),
but shall last as long as the records are maintained.
(c) Binding Nature of Grant Requirements – A State or local government shall not be
liable for reimbursement or any other penalty for any payment made under this Act
if –
(1) the payment was authorized by an approved agreement specifying the costs;
(2) the costs were reasonable; and
(3) the purpose of the grant was accomplished.
Sec. 706. Firearms Policies (42 U.S.C. 5207)*
(a) Prohibition on Confiscation of Firearms – No officer or employee of the United
States (including any member of the uniformed services), or person operating
pursuant to or under color of Federal law, or receiving Federal funds, or under
control of any Federal official, or providing services to such an officer,
69
(1) temporarily or permanently seize, or authorize seizure of, any firearm the
possession of which is not prohibited under Federal, State, or local law,
other than for forfeiture in compliance with Federal law or as evidence in a
criminal investigation;
(2) require registration of any firearm for which registration is not required by
Federal, State, or local law;
(3) prohibit possession of any firearm, or promulgate any rule, regulation, or
order prohibiting possession of any firearm, in any place or by any person
where such possession is not otherwise prohibited by Federal, State, or
local law; or
(4) prohibit the carrying of firearms under Federal, State, or local law, solely
because such person is operating under the direction, control, or supervision
of a Federal agency in support of relief from the major disaster or
emergency.
(b) Limitation – Nothing in this section shall be construed to prohibit any person in
subsection (a) from requiring the temporary surrender of a firearm as a
condition for entry into any mode of transportation used for rescue or
evacuation during a major disaster or emergency, provided that such
temporarily surrendered firearm is returned at the completion of such rescue or
evacuation.
(c) Private Rights of Action –
(1) In General – Any individual aggrieved by a violation of this section may
seek relief in an action at law, suit in equity, or other proper proceeding for
redress against any person who subjects such individual, or causes such
individual to be subjected, to the deprivation of any of the rights, privileges,
or immunities secured by this section.
(2) Remedies – In addition to any existing remedy in law or equity, under any
law, an individual aggrieved by the seizure or confiscation of a firearm in
violation of this section may bring an action for return of such firearm in
the United States district court in the district in which that individual resides
or in which such firearm may be found.
(3) Attorney Fees – In any action or proceeding to enforce this section, the
court shall award the prevailing party, other than the United States, a
reasonable attorney’s fee as part of the costs.
70
MISCELLANEOUS STATUTORY PROVISIONS
THAT RELATE TO THE
STAFFORD ACT
Excess Disaster Assistance Payments as Budgetary Emergency
Requirements (42 U.S.C. 5203)
Hereafter, beginning in fiscal year 1993, and in each year thereafter,
notwithstanding any other provision of law, all amounts appropriated for disaster
assistance payments under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) that are in excess of either the historical
annual average obligation of $320,000,000, or the amount submitted in the
President’s initial budget request, whichever is lower, shall be considered as
“emergency requirements” pursuant to section 901(b)(2)(D) of title 2, and such
amounts shall hereafter be so designated.
Insular Areas Disaster Survival and Recovery; Definitions
(42 U.S.C. 5204)
As used in sections 5204 to 5204c of this title –
(1) the term “insular area” means any of the following: American Samoa, the
Federated States of Micronesia, Guam, the Marshall Islands, the Northern Mariana
Islands, and the Virgin Islands;
(2) the term “disaster” means a declaration of a major disaster by the President after
September 1, 1989, pursuant to section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170); and
(3) the term “Secretary” means the Secretary of the Interior.
Note: See the note preceding 48 U.S.C. § 1681 terminating the Trust Territory of
the Pacific Islands which effectively removes the Federated States of Micronesia
and the Marshall Islands from the definition of “insular area”.
Authorization of Appropriations for Insular Areas
(Disaster Recovery) (42 U.S.C. 5204a)
There are hereby authorized to be appropriated to the Secretary such sums as may
be necessary to –
(1) reconstruct essential public facilities damaged by disasters in the insular areas
that occurred prior to February 24, 1992; and
71
(2) enhance the survivability of essential public facilities in the event of disasters in
the insular areas, except that with respect to the disaster declared by the President in
the case of Hurricane Hugo, September 1989, amounts for any fiscal year shall not
exceed 25 percent of the estimated aggregate amount of grants to be made under
sections 5170b and 5172 of this title for such disaster. Such sums shall remain
available until expended.
Technical Assistance for Insular Areas (Disaster Recovery) (42
U.S.C. 5204b)
(a) Upon the declaration by the President of a disaster in an insular area, the
President, acting through the Director of the Federal Emergency Management
Agency, shall assess, in cooperation with the Secretary and chief executive of such
insular area, the capability of the insular government to respond to the disaster,
including the capability to assess damage; coordinate activities with Federal
agencies, particularly the Federal Emergency Management Agency; develop
recovery plans, including recommendations for enhancing the survivability of
essential infrastructure; negotiate and manage reconstruction contracts; and prevent
the misuse of funds. If the President finds that the insular government lacks any of
these or other capabilities essential to the recovery effort, then the President shall
provide technical assistance to the insular area which the President deems necessary
for the recovery effort.
(b) One year following the declaration by the President of a disaster in an insular
area, the Secretary, in consultation with the Director of the Federal Emergency
Management Agency, shall submit to the Senate Committee on Energy and Natural
Resources and the House Committee on Natural Resources a report on the status of
the recovery effort, including an audit of Federal funds expended in the recovery
effort and recommendations on how to improve public health and safety,
survivability of infrastructure, recovery efforts, and effective use of funds in the
event of future disasters.
Note: The following provision is superseded by Section 404 of the Stafford Act.
Hazard Mitigation for Insular Areas (Limitation on Amount of
Contributions, Local Match) (42 U.S.C. 5204c)
The total of contributions under the last sentence of section 5170c of this title for
the insular areas shall not exceed 10 percent of the estimated aggregate amounts of
grants to be made under sections 5170c, 5172, 5173, 5174 and 5178 of this title for
any disaster: Provided, That the President shall require a 50 percent local match for
assistance in excess of 10 percent of the estimated aggregate amount of grants to be
made under section 5172 of this title for any disaster.
72
Buy American (Requirements) (42 U.S.C. 5206)
(a) Compliance With Buy American Act – No funds authorized to be appropriated
under this Act [Disaster Mitigation Act of 2000, Pub. L. No.106-390] or any
amendment made by this Act [Disaster Mitigation Act of 2000, Pub. L. No.106-
390] may be expended by an entity unless the entity, in expending the funds,
complies with the Buy American Act (41 U.S.C. 10a et seq.).
(b) Debarment of Persons Convicted of Fraudulent Use of “Made in America”
Labels –
(1) In general – If the Director of the Federal Emergency Management Agency
determines that a person has been convicted of intentionally affixing a label
bearing a “Made in America” inscription to any product sold in or shipped to
the United States that is not made in America, the Director shall determine, not
later than 90 days after determining that the person has been so convicted,
whether the person should be debarred from contracting under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).
(2) Definition of debar – In this subsection, the term “debar” has the meaning
given the term in section 2393(c) of title 10, United States Code.
73
U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007, Pub. L. No.
110
-28, 121
Stat. 112 (2007), Signed on May 25, 2007.
Sec. 4501.
(a) IN GENERAL – Notwithstanding any other provision of law, including any
agreement, the Federal share of assistance, including any direct Federal assistance,
provided for the States of Louisiana, Mississippi, Florida, Alabama, and Texas in
connection with Hurricanes Katrina, Wilma, Dennis, and Rita under sections 403,
406, 407, and 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b, 5172, 5173, and 5174) shall be 100 percent of the
eligible costs under such sections.
(b) APPLICABILITY –
(1) IN GENERAL – The Federal share provided by subsection (a) shall apply to
disaster assistance applied for before the date of enactment of this Act.
(2) LIMITATION – In the case of disaster assistance provided under sections
403, 406, and 407 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, the Federal share provided by subsection (a) shall be limited
to assistance provided for projects for which a “request for public assistance
form” has been submitted.
Sec. 4502.
(a) COMMUNITY DISASTER LOAN ACT –
(1) IN GENERAL – Section 2(a) of the Community Disaster Loan Act of 2005
(Public Law 109-88) is amended by striking “Provided further, That
notwithstanding section 417(c)(1) of the Stafford Act, such loans may not be
canceled:”.
(2) EFFECTIVE DATE – The amendment made by paragraph (1) shall be
effective on the date of enactment of the Community Disaster Loan Act of
2005 (Public Law 109-88).
(b) EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT –
(1) IN GENERAL – Chapter 4 of title II of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234) is amended under Federal Emergency
Management Agency, “Disaster Assistance Direct Loan Program Account” by
striking “Provided further, That notwithstanding section 417(c)(1) of such
Act, such loans may not be canceled:”.
(2) EFFECTIVE DATE – The amendment made by paragraph (1) shall be
effective on the date of enactment of the Emergency Supplemental
Appropriations Act for Defense, Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234).
74
Sec. 4503.
(a) IN GENERAL – Section 2401 of the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public
Law 109-234) is amended by striking “12 months” and inserting “24 months”.
Note: Section 2401 is set forth below.
(b) EFFECTIVE DATE – The amendment made by this section shall be effective on
the date of enactment of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-
234).
Department of Homeland Security Appropriations Act, 2007, Pub. L.
No. 109-295, 120 Stat. 1355 (2006), Signed on October 4, 2006.
[Includes Post-Katrina Emergency Management Reform Act (PKEMRA)]
Sec. 508.
None of the funds in this Act may be used to make a grant allocation, discretionary
grant award, discretionary contract award, or to issue a letter of intent totaling in
excess of $1,000,000, or to announce publicly the intention to make such an award,
unless the Secretary of Homeland Security notifies the Committees on Appropriations
of the Senate and the House of Representatives at least three full business days in
advance: Provided, That no notification shall involve funds that are not available for
obligation: Provided further, That the Office of Grants and Training shall brief the
Committees on Appropriations of the Senate and the House of Representatives five
full business days in advance of announcing publicly the intention of making an
award of formula-based grants; law enforcement terrorism prevention grants; or high-
threat, high-density urban areas grants.
Sec. 536.
The Department of Homeland Security shall, in approving standards for State and
local emergency preparedness operational plans under section 613(b)(3) of the Robert
T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5196b(b)(3)), account
for the needs of individuals with household pets and service animals before, during,
and following a major disaster or emergency: Provided, That Federal agencies may
provide assistance as described in section 403(a) of the Robert T. Stafford Disaster
and Emergency Assistance Act (42 U.S.C. 5170b(a)) to carry out plans described in
the previous proviso.
75
TITLE VI – NATIONAL EMERGENCY MANAGEMENT
Sec. 601. Short Title (6 U.S.C. 701 note)
This title may be cited as the ‘Post-Katrina Emergency Management Reform Act of
2006’.
Sec. 612. (6 U.S.C. 313 note and 6 U.S.C. 311 note)
(c) References- Any reference to the Director of the Federal Emergency Management
Agency, in any law, rule, regulation, certificate, directive, instruction, or other official
paper shall be considered to refer and apply to the Administrator of the Federal
Emergency Management Agency.
(f) Interim Actions-
(1) IN GENERAL- During the period beginning on the date of enactment of
this Act and ending on March 31, 2007, the Secretary, the Under Secretary
for Preparedness, and the Director of the Federal Emergency Management
Agency shall take such actions as are necessary to provide for the orderly
implementation of any amendment under this subtitle that takes effect on
March 31, 2007.
(2) REFERENCES- Any reference to the Administrator of the Federal
Emergency Management Agency in this title or an amendment by this title
shall be considered to refer and apply to the Director of the Federal
Emergency Management Agency until March 31, 2007.
Sec. 640a. Disclosure of Certain Information to Law Enforcement Agencies (6
U.S.C. 727)
In the event of circumstances requiring an evacuation, sheltering, or mass relocation,
the Administrator may disclose information in any individual assistance database of
the Agency in accordance with section 552a(b) of title 5, United States Code
(commonly referred to as the “Privacy Act”), to any law enforcement agency of the
Federal Government or a State, local, or tribal government in order to identify illegal
conduct or address public safety or security issues, including compliance with sex
offender notification laws.
Sec. 653. Federal Preparedness (6 U.S.C. 753)
(c) Mission Assignments – To expedite the provision of assistance under the National
Response Plan, the President shall ensure that the Administrator, in coordination with
Federal agencies with responsibilities under the National Response Plan, develops
prescripted mission assignments, including logistics, communications, mass care,
health services, and public safety.
76
Subtitle E – Stafford Act Amendments
Sec. 682. National Disaster Recovery Strategy (6 U.S.C. 771)
(a) In General – The Administrator, in coordination with the Secretary of Housing
and Urban Development, the Administrator of the Environmental Protection Agency,
the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the
Treasury, the Secretary of Transportation, the Administrator of the Small Business
Administration, the Assistant Secretary for Indian Affairs of the Department of the
Interior, and the heads of other appropriate Federal agencies, State, local, and tribal
government officials (including through the National Advisory Council), and
representatives of appropriate nongovernmental organizations shall develop,
coordinate, and maintain a National Disaster Recovery Strategy to serve as a guide to
recovery efforts after major disasters and emergencies.
(b) Contents – The National Disaster Recovery Strategy shall –
(1) outline the most efficient and cost-effective Federal programs that will
meet the recovery needs of States, local and tribal governments, and
individuals and households affected by a major disaster;
(2) clearly define the role, programs, authorities, and responsibilities of each
Federal agency that may be of assistance in providing assistance in the
recovery from a major disaster;
(3) promote the use of the most appropriate and cost-effective building
materials (based on the hazards present in an area) in any area affected by
a major disaster, with the goal of encouraging the construction of disaster-
resistant buildings; and
(4) describe in detail the programs that may be offered by the agencies
described in paragraph (2), including –
(A) discussing funding issues;
(B) detailing how responsibilities under the National Disaster Recovery
Strategy will be shared; and
(C) addressing other matters concerning the cooperative effort to provide
recovery assistance.
(c) Report –
(1) IN GENERAL – Not later than 270 days after the date of enactment of this
Act, the Administrator shall submit to the appropriate committees of
Congress a report describing in detail the National Disaster Recovery
Strategy and any additional authorities necessary to implement any portion
of the National Disaster Recovery Strategy.
(2) UPDATE – The Administrator shall submit to the appropriate committees
of Congress a report updating the report submitted under paragraph (1) –
(A) on the same date that any change is made to the National Disaster
Recovery Strategy; and
77
(B) on a periodic basis after the submission of the report under
paragraph (1), but not less than once every 5 years after the date of
the submission of the report under paragraph (1).
Sec. 683. National Disaster Housing Strategy (6 U.S.C. 772)
(a) In General – The Administrator, in coordination with representatives of the
Federal agencies, governments, and organizations listed in subsection (b)(2) of this
section, the National Advisory Council, the National Council on Disability, and other
entities at the Administrator’s discretion, shall develop, coordinate, and maintain a
National Disaster Housing Strategy.
(b) Contents – The National Disaster Housing Strategy shall –
(1) outline the most efficient and cost effective Federal programs that will best
meet the short-term and long-term housing needs of individuals and
households affected by a major disaster;
(2) clearly define the role, programs, authorities, and responsibilities of each
entity in providing housing assistance in the event of a major disaster,
including –
(A) the Agency;
(B) the Department of Housing and Urban Development;
(C) the Department of Agriculture;
(D) the Department of Veterans Affairs;
(E) the Department of Health and Human Services;
(F) the Bureau of Indian Affairs;
(G) any other Federal agency that may provide housing assistance in the
event of a major disaster;
(H) the American Red Cross; and
(I) State, local, and tribal governments;
(3) describe in detail the programs that may be offered by the entities
described in paragraph (2), including –
(A) outlining any funding issues;
(B) detailing how responsibilities under the National Disaster Housing
Strategy will be shared; and
(C) addressing other matters concerning the cooperative effort to
provide housing assistance during a major disaster;
(4) consider methods through which housing assistance can be provided to
individuals and households where employment and other resources for
living are available;
(5) describe programs directed to meet the needs of special needs and low-
income populations and ensure that a sufficient number of housing units are
provided for individuals with disabilities;
(6) describe plans for operation of clusters of housing provided to individuals
and households, including access to public services, site management,
security, and site density;
78
(7) describe plans for promoting the repair or rehabilitation of existing rental
housing, including through lease agreements or other means, in order to
improve the provision of housing to individuals and households under
section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174); and
(8) describe any additional authorities necessary to carry out any portion of the
strategy.
(c) Guidance – The Administrator should develop and make publicly available
guidance on –
(1) types of housing assistance available under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) to
individuals and households affected by an emergency or major disaster;
(2) eligibility for such assistance (including, where appropriate, the continuation
of such assistance); and
(3) application procedures for such assistance.
(d) Report –
(1) IN GENERAL – Not later than 270 days after the date of enactment of this
Act, the Administrator shall submit to the appropriate committees of
Congress a report describing in detail the National Disaster Housing
Strategy, including programs directed to meeting the needs of special needs
populations.
(2) UPDATED REPORT – The Administrator shall submit to the appropriate
committees of Congress a report updating the report submitted under
paragraph (1) –
(A) on the same date that any change is made to the National Disaster
Housing Strategy; and
(B) on a periodic basis after the submission of the report under
paragraph (1), but not less than once every 5 years after the date of
the submission of the report under paragraph (1).
Sec. 689. Individuals with Disabilities (6 U.S.C. 773)
(a) Guidelines – Not later than 90 days after the date of enactment of this Act, and in
coordination with the National Advisory Council, the National Council on Disability,
the Interagency Coordinating Council on Preparedness and Individuals With
Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 note), and
the Disability Coordinator (established under section 513 of the Homeland Security
Act of 2002, as added by this Act), the Administrator shall develop guidelines to
accommodate individuals with disabilities, which shall include guidelines for –
(1) the accessibility of, and communications and programs in, shelters, recovery
centers, and other facilities; and
(2) devices used in connection with disaster operations, including first aid
stations, mass feeding areas, portable payphone stations, portable toilets, and
temporary housing.
79
Sec. 689b. Reunification (6 U.S.C. 774)
(a) Definitions – In this section:
(1) Child Locator Center – The term “Child Locator Center” means the
National Emergency Child Locator Center established under subsection
(b).
(2) Declared Event – The term “declared event” means a major disaster or
emergency.
(3) Displaced Adult – The term “displaced adult” means an individual 21
years of age or older who is displaced from the habitual residence of that
individual as a result of a declared event.
(4) Displaced Child – The term “displaced child” means an individual under
21 years of age who is displaced from the habitual residence of that
individual as a result of a declared event.
(b) National Emergency Child Locator Center –
(1) In general – Not later than 180 days after the date of enactment of this Act,
the Administrator, in coordination with the Attorney General of the United
States, shall establish within the National Center for Missing and
Exploited Children the National Emergency Child Locator Center. In
establishing the National Emergency Child Locator Center, the
Administrator shall establish procedures to make all relevant information
available to the National Emergency Child Locator Center in a timely
manner to facilitate the expeditious identification and reunification of
children with their families.
(2) Purposes – The purposes of the Child Locator Center are to
(A) enable individuals to provide to the Child Locator Center the name
of and other identifying information about a displaced child or a
displaced adult who may have information about the location of a
displaced child;
(B) enable individuals to receive information about other sources of
information about displaced children and displaced adults; and
(C) assist law enforcement in locating displaced children.
(3) Responsibilities and Duties – The responsibilities and duties of the Child
Locator Center are to –
(A) establish a toll-free telephone number to receive reports of displaced
children and information about displaced adults that may assist in
locating displaced children;
(B) create a website to provide information about displaced children;
(C) deploy its staff to the location of a declared event to gather
information about displaced children;
(D) assist in the reunification of displaced children with their families;
(E) provide information to the public about additional resources for
disaster assistance;
80
(F) work in partnership with Federal, State, and local law enforcement
agencies;
(G) provide technical assistance in locating displaced children;
(H) share information on displaced children and displaced adults with
governmental agencies and nongovernmental organizations
providing disaster assistance;
(I) use its resources to gather information about displaced children;
(J) refer reports of displaced adults to
(i)an entity designated by the Attorney General to provide
technical assistance in locating displaced adults; and
(ii)the National Emergency Family Registry and Locator
System as defined under section 689c(a);
(K) enter into cooperative agreements with Federal and State agencies
and other organizations such as the American Red Cross as
necessary to implement the mission of the Child Locator Center; and
(L) develop an emergency response plan to prepare for the activation of
the Child Locator Center.
(c) Conforming Amendments – Section 403(1) of the Missing Children’s Assistance
Act (42 U.S.C. 5772(1)) is amended –
(1) in subparagraph (A), by striking “or” at the end;
(2) in subparagraph (B), by adding “or” after the semicolon; and
(3) by inserting after subparagraph (B) the following:
“(C) the individual is an individual under 21 years of age who is displaced
from the habitual residence of that individual as a result of an emergency or
major disaster (as those terms are defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).”.
(d) Report – Not later than 270 days after the date of enactment of this Act, the
Administrator shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the Senate and the
Committee on Transportation and Infrastructure and the Committee on the Judiciary
of the House of Representatives a report describing in detail the status of the Child
Locator Center, including funding issues and any difficulties or issues in establishing
the Center or completing the cooperative agreements described in subsection
(b)(3)(K).
Sec. 689c. National Emergency Family Registry and Locator System (6 U.S.C.
775)
(a) Definitions – In this section –
(1) the term “displaced individual” means an individual displaced by an
emergency or major disaster; and
(2) the term “National Emergency Family Registry and Locator System” means
the National Emergency Family Registry and Locator System established
under subsection (b).
81
(b) Establishment – Not later than 180 days after the date of enactment of this Act,
the Administrator shall establish a National Emergency Family Registry and Locator
System to help reunify families separated after an emergency or major disaster.
(c) Operation of System – The National Emergency Family Registry and Locator
System shall –
(1) allow a displaced adult (including medical patients) to voluntarily register
(and allow an adult that is the parent or guardian of a displaced child to
register such child), by submitting personal information to be entered into a
database (such as the name, current location of residence, and any other
relevant information that could be used by others seeking to locate that
individual);
(2) ensure that information submitted under paragraph (1) is accessible to those
individuals named by a displaced individual and to those law enforcement
officials;
(3) be accessible through the Internet and through a toll-free number, to receive
reports of displaced individuals; and
(4) include a means of referring displaced children to the National Emergency
Child Locator Center established under section 689b.
(d) Publication of Information – Not later than 210 days after the date of enactment of
this Act, the Administrator shall establish a mechanism to inform the public about the
National Emergency Family Registry and Locator System and its potential usefulness
for assisting to reunite displaced individuals with their families.
(e) Coordination – Not later than 90 days after the date of enactment of this Act, the
Administrator shall enter a memorandum of understanding with the Department of
Justice, the National Center for Missing and Exploited Children, the Department of
Health and Human Services, and the American Red Cross and other relevant private
organizations that will enhance the sharing of information to facilitate reuniting
displaced individuals (including medical patients) with families.
(f) Report – Not later than 270 days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a report
describing in detail the status of the National Emergency Family Registry and Locator
System, including any difficulties or issues in establishing the System, including
funding issues.
Sec. 689i. Individuals and Households Pilot Program (6 U.S.C. 776)
(a) Pilot Program –
(1) In general – The President, acting through the Administrator, in coordination
with State, local, and tribal governments, shall establish and conduct a pilot
program. The pilot program shall be designed to make better use of existing
rental housing, located in areas covered by a major disaster declaration, in
82
order to provide timely and cost-effective temporary housing assistance to
individuals and households eligible for assistance under section 408 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174) where alternative housing options are less available or cost-effective.
(2) Administration –
(A) In General – For the purposes of the pilot program under this section, the
Administrator may –
(i) enter into lease agreements with owners of multi-family rental
property located in areas covered by a major disaster declaration to
house individuals and households eligible for assistance under section
408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174);
(ii) make improvements to properties under such lease agreements;
(iii) use the pilot program where the program is cost effective in that
the cost to the Government for the lease agreements is in proportion to
the savings to the Government by not providing alternative housing;
and
(iv) limit repairs to those required to ensure that the housing units shall
meet Federal housing quality standards.
(B) Improvements to leased properties – Under the terms of any lease
agreement for a property described under subparagraph (A)(ii), the value
of the contribution of the Agency to such improvements –
(i) shall be deducted from the value of the lease agreement; and
(ii) may not exceed the value of the lease agreement.
(3) Consultation – In administering the pilot program under this section, the
Administrator may consult with State, local, and tribal governments.
(4) Report –
(A) In General – Not later than March 31, 2009, the Administrator shall
submit to the appropriate committees of Congress a report regarding the
effectiveness of the pilot program.
(B) Contents – The Administrator shall include in the report –
(i)an assessment of the effectiveness of the pilot program under this
section, including an assessment of cost-savings to the Federal
Government and any benefits to individuals and households eligible
for assistance under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) under the pilot
program;
(ii)findings and conclusions of the Administrator with respect to the
pilot program;
(iii) an assessment of additional authorities needed to aid the Agency
in its mission of providing disaster housing assistance to individuals
and households eligible for assistance under section 408 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174), either under the pilot program under this section or other
potential housing programs; and
83
(iv)any recommendations of the Administrator for additional authority
to continue or make permanent the pilot program.
(b) Pilot Program Project Approval – The Administrator shall not approve a project
under the pilot program after December 31, 2008.
Sec. 689j. Public Assistance Pilot Program (6 U.S.C. 777)
(a) Pilot Program –
(1) In General – The President, acting through the Administrator, and in
coordination with State and local governments, shall establish and conduct a
pilot program to –
(A) reduce the costs of the Federal Government of providing assistance to
States and local governments under sections 403(a)(3)(A), 406, and 407
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 1570b(a)(3), 5172, 5172);
(B) increase flexibility in the administration of sections 403(a)(3)(A), 406,
and 407 of that Act; and
(C) expedite the provision of assistance to States and local governments
provided under sections 403(a)(3)(A), 406, and 407 of that Act.
(2) Participation – Only States and local governments that elect to participate in
the pilot program may participate in the pilot program for a particular project.
(3) Innovative Administration –
(A) In General – For purposes of the pilot program, the Administrator shall
establish new procedures to administer assistance provided under the
sections referred to in paragraph (1).
(B) New Procedures – The new procedures established under subparagraph
(A) may include 1 or more of the following:
(i)Notwithstanding section 406(c)(1)(A) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
1571(c)(1)(A)), providing an option for a State or local government to
elect to receive an in-lieu contribution in an amount equal to 90
percent of the Federal share of the Federal estimate of the cost of
repair, restoration, reconstruction, or replacement of a public facility
owned or controlled by the State or local government and of
management expenses.
(ii)Making grants on the basis of estimates agreed to by the local
government (or where no local government is involved, by the State
government) and the Administrator to provide financial incentives and
disincentives for the local government (or where no local government
is involved, for the State government) for the timely or cost effective
completion of projects under section 403(a)(3)(A), 406, and 407 of
that Act.
(iii)Increasing the Federal share for removal of debris and wreckage
for States and local governments that have a debris management plan
approved by the Administrator and have pre-qualified 1 or more debris
84
and wreckage removal contractors before the date of declaration of the
major disaster.
(iv)Using a sliding scale for the Federal share for removal of debris
and wreckage based on the time it takes to complete debris and
wreckage removal.
(v) Using a financial incentive to recycle debris.
(vi) Reimbursing base wages for employees and extra hires of a State
or local government involved in or administering debris and wreckage
removal.
(4) Waiver – The Administrator may waive such regulations or rules applicable to
the provisions of assistance under the sections referred to in paragraph (1) as
the Administrator determines are necessary to carry out the pilot program
under this section.
(b) Report –
(1) In General – Not later than March 31, 2009, the Administrator shall submit to
the appropriate committees of Congress a report regarding the effectiveness of
the pilot program under this section.
(2) Contents – The report submitted under paragraph (1) shall include –
(A) An assessment by the Administrator of any administrative or financial
benefits of the pilot program;
(B) An assessment by the Administrator of the effect, including any savings
in time and cost, of the pilot program;
(C) Any identified legal or other obstacles to increasing the amount of
debris recycled after a major disaster;
(D) Any other findings and conclusions of the Administrator with respect to
the pilot program; and
(E) Any recommendations of the Administrator for additional authority to
continue or make permanent the pilot program.
(c) Deadline for Initiation of Implementation – The Administrator shall initiate
implementation of the pilot program under this section not later than 90 days after the
date of enactment of the Act.
(d) Pilot Program Project Duration – The Administrator may not approve a project
under the pilot program under this section after December 31, 2008.
Sec. 689k. Disposal of Unused Temporary Housing Units
(a) In General – Notwithstanding section 408(d)(2)(B) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(d)(2)(B)), if the
Administrator authorizes the disposal of an unused temporary housing unit that is
owned by the Agency on the date of enactment of this Act and is not used to house
individuals or households under section 408 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174) after that date, such unit shall be
85
disposed of under subchapter III of chapter 5 of subtitle I of title 40, United States
Code.
(b) Tribal Governments – Housing units described in subsection (a) shall be disposed
of in coordination with the Department of the Interior or other appropriate agencies in
order to transfer such units to tribal governments if appropriate.
Subtitle F – Prevention of Fraud, Waste, and Abuse
Sec. 691. Advance Contracting (6 U.S.C. 791)
(a) Initial Report –
(1) IN GENERAL – Not later than 180 days after the date of enactment of this
Act, the Administrator shall submit a report under paragraph (2)
identifying –
(A) recurring disaster response requirements, including specific goods
and services, for which the Agency is capable of contracting for in
advance of a natural disaster or act of terrorism or other man-made
disaster in a cost effective manner;
(B) recurring disaster response requirements, including specific goods
and services, for which the Agency can not contract in advance of a
natural disaster or act of terrorism or other man-made disaster in a
cost effective manner; and
(C) a contracting strategy that maximizes the use of advance contracts to
the extent practical and cost-effective.
(2) SUBMISSION –The report under paragraph (1) shall be submitted to the
appropriate committees of Congress.
(b) Entering Into Contracts –
(1) IN GENERAL – Not later than 1 year after the date of enactment of this
Act, the Administrator shall enter into 1 or more contracts for each type of
goods or services identified under subsection (a)(1)(A), and in accordance
with the contracting strategy identified in subsection (a)(1)(C). Any
contract for goods or services identified in subsection (a)(1)(A) previously
awarded may be maintained in fulfilling this requirement.
(2) CONSIDERED FACTORS – Before entering into any contract under this
subsection, the Administrator shall consider section 307 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5150),
as amended by this Act.
(3) PRENEGOTIATED FEDERAL CONTRACTS FOR GOODS AND
SERVICES – The Administrator, in coordination with State and local
governments and other Federal agencies, shall establish a process to
ensure that Federal prenegotiated contracts for goods and services are
coordinated with State and local governments, as appropriate.
(4) PRENEGOTIATED STATE AND LOCAL CONTRACTS FOR GOODS
AND SERVICES – The Administrator shall encourage State and local
86
governments to establish prenegotiated contracts with vendors for goods
and services in advance of natural disasters and acts of terrorism or other
man-made disasters.
(c) Maintenance of Contracts – After the date described under subsection (b), the
Administrator shall have the responsibility to maintain contracts for appropriate levels
of goods and services in accordance with subsection (a)(1)(C).
(d) Report on Contracts Not Using Competitive Procedures – At the end of each fiscal
quarter, beginning with the first fiscal quarter occurring at least 90 days after the date
of enactment of this Act, the Administrator shall submit a report on each disaster
assistance contract entered into by the Agency by other than competitive procedures
to the appropriate committees of Congress.
Sec. 692. Limitations on Tiering of Subcontractors (6 U.S.C. 792)
(a) Regulations – The Secretary shall promulgate regulations applicable to contracts
described in subsection (c) to minimize the excessive use by contractors of
subcontractors or tiers of subcontractors to perform the principal work of the contract.
(b) Specific Requirement – At a minimum, the regulations promulgated under
subsection (a) shall preclude a contractor from using subcontracts for more than 65
percent of the cost of the contract or the cost of any individual task or delivery order
(not including overhead and profit), unless the Secretary determines that such
requirement is not feasible or practicable.
(c) Covered Contracts – This section applies to any cost-reimbursement type contract
or task or delivery order in an amount greater than the simplified acquisition
threshold (as defined by section 4 of the Office of Federal Procurement Policy Act
(41 U.S.C. 403)) entered into by the Department to facilitate response to or recovery
from a natural disaster or act of terrorism or other man-made disaster.
Sec. 693. Oversight and Accountability of Federal Disaster Expenditures (6
U.S.C. 793)
(a) Authority of Administrator to Designate Funds for Oversight Activities – The
Administrator may designate up to 1 percent of the total amount provided to a
Federal agency for a mission assignment as oversight funds to be used by the
recipient agency for performing oversight of activities carried out under the Agency
reimbursable mission assignment process. Such funds shall remain available until
expended.
(b) Use of Funds –
(1) TYPES OF OVERSIGHT ACTIVITIES – Oversight funds may be used
for the following types of oversight activities related to Agency mission
assignments:
87
(A) Monitoring, tracking, and auditing expenditures of funds.
(B) Ensuring that sufficient management and internal control
mechanisms are available so that Agency funds are spent
appropriately and in accordance with all applicable laws and
regulations.
(C) Reviewing selected contracts and other activities.
(D) Investigating allegations of fraud involving Agency funds.
(E) Conducting and participating in fraud prevention activities with
other Federal, State, and local government personnel and contractors.
(2) PLANS AND REPORTS – Oversight funds may be used to issue the plans
required under subsection (e) and the reports required under subsection (f).
(c) Restriction on Use of Funds – Oversight funds may not be used to finance existing
agency oversight responsibilities related to direct agency appropriations used for
disaster response, relief, and recovery activities.
(d) Methods of Oversight Activities –
(1) IN GENERAL – Oversight activities may be carried out by an agency
under this section either directly or by contract. Such activities may
include evaluations and financial and performance audits.
(2) COORDINATION OF OVERSIGHT ACTIVITIES – To the extent
practicable, evaluations and audits under this section shall be performed
by the inspector general of the agency.
(e) Development of Oversight Plans –
(1) IN GENERAL – If an agency receives oversight funds for a fiscal year,
the head of the agency shall prepare a plan describing the oversight
activities for disaster response, relief, and recovery anticipated to be
undertaken during the subsequent fiscal year.
(2) SELECTION OF OVERSIGHT ACTIVITIES – In preparing the plan, the
head of the agency shall select oversight activities based upon a risk
assessment of those areas that present the greatest risk of fraud, waste, and
abuse.
(3) SCHEDULE – The plan shall include a schedule for conducting oversight
activities, including anticipated dates of completion.
(f) Federal Disaster Assistance Accountability Reports – A Federal agency receiving
oversight funds under this section shall submit annually to the Administrator and the
appropriate committees of Congress a consolidated report regarding the use of such
funds, including information summarizing oversight activities and the results
achieved.
(g) Definition – In this section, the term ‘oversight funds’ means funds referred to in
subsection (a) that are designated for use in performing oversight activities.
88
Sec. 695. Limitation on Length of Certain Noncompetitive Contracts (6 U.S.C.
794)
(a) Regulations – The Secretary shall promulgate regulations applicable to contracts
described in subsection (c) to restrict the contract period of any such contract entered
into using procedures other than competitive procedures pursuant to the exception
provided in paragraph (2) of section 303(c) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(c)) to the minimum contract
period necessary –
(1) to meet the urgent and compelling requirements of the work to be
performed under the contract; and
(2) to enter into another contract for the required goods or services through the
use of competitive procedures.
(b) Specific Contract Period – The regulations promulgated under subsection (a) shall
require the contract period to not to exceed 150 days, unless the Secretary determines
that exceptional circumstances apply.
(c) Covered Contracts – This section applies to any contract in an amount greater than
the simplified acquisition threshold (as defined by section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)) entered into by the Department to facilitate
response to or recovery from a natural disaster, act of terrorism, or other man-made
disaster.
Sec. 696. Fraud, Waste, and Abuse Controls (6 U.S.C. 795)
(a) In General – The Administrator shall ensure that –
(1) all programs within the Agency administering Federal disaster relief
assistance develop and maintain proper internal management controls to
prevent and detect fraud, waste, and abuse;
(2) application databases used by the Agency to collect information on
eligible recipients must record disbursements;
(3) such tracking is designed to highlight and identify ineligible applications;
and
(4) the databases used to collect information from applications for such
assistance must be integrated with disbursement and payment records.
(b) Audits and Reviews Required – The Administrator shall ensure that any database
or similar application processing system for Federal disaster relief assistance
programs administered by the Agency undergoes a review by the Inspector General of
the Agency to determine the existence and implementation of such internal controls
required under this section and the amendments made by this section.
89
Sec. 697. Registry of Disaster Response Contractors (6 U.S.C. 796)
(a) Definitions – In this section –
(1) the term ‘registry’ means the registry created under subsection (b); and
(2) the terms ‘small business concern’, ‘small business concern owned and
controlled by socially and economically disadvantaged individuals’, ‘small
business concern owned and controlled by women’, and ‘small business
concern owned and controlled by service-disabled veterans’ have the
meanings given those terms under the Small Business Act (15 U.S.C. 631
et seq.).
(b) Registry –
(1) IN GENERAL – The Administrator shall establish and maintain a registry
of contractors who are willing to perform debris removal, distribution of
supplies, reconstruction, and other disaster or emergency relief activities.
(2) CONTENTS – The registry shall include, for each business concern –
(A) the name of the business concern;
(B) the location of the business concern;
(C) the area served by the business concern;
(D) the type of good or service provided by the business concern;
(E) the bonding level of the business concern ;
(F) whether the business concern is –
(i) a small business concern;
(ii) a small business concern owned and controlled by socially and
economically disadvantaged individuals;
(iii) a small business concern owned and controlled by women; or
(iv) a small business concern owned and controlled by service-
disabled veterans.
(3) SOURCE OF INFORMATION –
(A) SUBMISSION – Information maintained in the registry shall be
submitted on a voluntary basis and be kept current by the submitting
business concerns.
(B) ATTESTATION – Each business concern submitting information to
the registry shall submit –
(i) an attestation that the information is true; and
(ii) documentation supporting such attestation.
(C) VERIFICATION – The Administrator shall verify that the
documentation submitted by each business concern supports the
information submitted by that business concern.
(4) AVAILABILITY OF REGISTRY – The registry shall be made generally
available on the Internet site of the Agency.
(5) CONSULTATION OF REGISTRY – As part of the acquisition planning
for contracting for debris removal, distribution of supplies in a disaster,
reconstruction, and other disaster or emergency relief activities, a Federal
agency shall consult the registry.
90
Sec. 698 Fraud Prevention Training Program (6 U.S.C. 797)
The Administrator shall develop and implement a program to provide training on the
prevention of waste, fraud, and abuse of Federal disaster relief assistance relating to
the response to or recovery from natural disasters and acts of terrorism or other man-
made disasters and ways to identify such potential waste, fraud, and abuse.
Emergency Supplemental Appropriations Act for Defense, the Global
War on Terror, and Hurricane Recovery, 2006, Pub. L. No. 109-234,
120 Stat. 418 (2006), Signed on June 15, 2006.
Sec. 2401.
The Federal Emergency Management Agency may provide funds to a State or local
government or, as necessary, assume an existing agreement from such unit of
government, to pay for utility costs resulting from the provision of temporary housing
units to evacuees from Hurricane Katrina and other hurricanes of the 2005 season if
the State or local government has previously arranged to pay for such utilities on
behalf of the evacuees for the term of any leases, not to exceed 12 months, contracted
by or prior to February 7, 2006: Provided, That the Federal share of the costs eligible
to be paid shall be 100 percent.
Note: Section 2401 has been extended from a period of 12 months to a period of 24
months by section 4503 of the U.S. Troop Readiness, Veterans’ Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (signed on May 25,
2007), set forth above.
Sec. 2403.
Notwithstanding any other provision of law, the Secretary of Homeland Security shall
consider eligible under the Federal Emergency Management Agency Individual
Assistance Program the costs sufficient for alternative housing pilot programs in the
areas hardest hit by Hurricane Katrina and other hurricanes of the 2005 season.
91
92
THE HOMELAND SECURITY ACT OF 2002
6 U.S.C. 311-321j
(As amended by the Department of Homeland Security Appropriations Act, 2007,
Pub. L. No. 109-295)
TITLE V
(National Emergency Management)
Sec. 501. Definitions (6 U.S.C. 311)
In this title—
(1) the term ‘Administrator’ means the Administrator of the Agency;
(2) the term ‘Agency’ means the Federal Emergency Management Agency;
(3) the term ‘catastrophic incident’ means any natural disaster, act of terrorism, or
other man-made disaster that results in extraordinary levels of casualties or damage
or disruption severely affecting the population (including mass evacuations),
infrastructure, environment, economy, national morale, or government functions in
an area;
(4) the term ‘Federal coordinating officer’ means a Federal coordinating officer as
described in section 302 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143);
(5) the term ‘interoperable’ has the meaning given the term `interoperable
communications’ under section 7303(g)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1));
(6) the term ‘National Incident Management System’ means a system to enable
effective, efficient, and collaborative incident management;
(7) the term ‘National Response Plan’ means the National Response Plan or any
successor plan prepared under section 502(a)(6);
(8) the term ‘Regional Administrator’ means a Regional Administrator appointed
under section 507;
(9) the term ‘Regional Office’ means a Regional Office established under section
507;
93
(10) the term ‘surge capacity’ means the ability to rapidly and substantially increase
the provision of search and rescue capabilities, food, water, medicine, shelter and
housing, medical care, evacuation capacity, staffing (including disaster assistance
employees), and other resources necessary to save lives and protect property during
a catastrophic incident; and
(11) the term ‘tribal government’ means the government of any entity described in
section 2(10)(B).
Sec. 502. Definition (6 U.S.C. 312)
In this subchapter, the term “Nuclear Incident Response Team” means a resource that
includes—
(1) those entities of the Department of Energy that perform nuclear or radiological
emergency support functions (including accident response, search response,
advisory, and technical operations functions), radiation exposure functions at the
medical assistance facility known as the Radiation Emergency Assistance
Center/Training Site (REAC/TS), radiological assistance functions, and related
functions; and
(2) those entities of the Environmental Protection Agency that perform such support
functions (including radiological emergency response functions) and related
functions.
Sec. 503. Federal Emergency Management Agency (6 U.S.C. 313)
(a) In General— There is in the Department the Federal Emergency Management Agency,
headed by an Administrator.
(b) Mission—
(1) PRIMARY MISSION— The primary mission of the Agency is to reduce the
loss of life and property and protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other man-made disasters, by leading and
supporting the Nation in a risk-based, comprehensive emergency management
system of preparedness, protection, response, recovery, and mitigation.
(2) SPECIFIC ACTIVITIES— In support of the primary mission of the Agency, the
Administrator shall—
(A) lead the Nation’s efforts to prepare for, protect against, respond to, recover
from, and mitigate against the risk of natural disasters, acts of terrorism, and other
man-made disasters, including catastrophic incidents;
(B) partner with State, local, and tribal governments and emergency response
providers, with other Federal agencies, with the private sector, and with
nongovernmental organizations to build a national system of emergency
94
management that can effectively and efficiently utilize the full measure of the
Nation’s resources to respond to natural disasters, acts of terrorism, and other
man-made disasters, including catastrophic incidents;
(C) develop a Federal response capability that, when necessary and appropriate,
can act effectively and rapidly to deliver assistance essential to saving lives or
protecting or preserving property or public health and safety in a natural disaster,
act of terrorism, or other man-made disaster;
(D) integrate the Agency’s emergency preparedness, protection, response,
recovery, and mitigation responsibilities to confront effectively the challenges of
a natural disaster, act of terrorism, or other man-made disaster;
(E) develop and maintain robust Regional Offices that will work with State, local,
and tribal governments, emergency response providers, and other appropriate
entities to identify and address regional priorities;
(F) under the leadership of the Secretary, coordinate with the Commandant of the
Coast Guard, the Director of Customs and Border Protection, the Director of
Immigration and Customs Enforcement, the National Operations Center, and
other agencies and offices in the Department to take full advantage of the
substantial range of resources in the Department;
(G) provide funding, training, exercises, technical assistance, planning, and other
assistance to build tribal, local, State, regional, and national capabilities
(including communications capabilities), necessary to respond to a natural
disaster, act of terrorism, or other man-made disaster; and
(H) develop and coordinate the implementation of a risk-based, all-hazards
strategy for preparedness that builds those common capabilities necessary to
respond to natural disasters, acts of terrorism, and other man-made disasters while
also building the unique capabilities necessary to respond to specific types of
incidents that pose the greatest risk to our Nation.
(c) Administrator—
(1) IN GENERAL— The Administrator shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) QUALIFICATIONS— The Administrator shall be appointed from among
individuals who have—
(A) a demonstrated ability in and knowledge of emergency management and
homeland security; and
(B) not less than 5 years of executive leadership and management experience in
the public or private sector.
(3) REPORTING— The Administrator shall report to the Secretary, without being
required to report through any other official of the Department.
95
(4) PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT—
(A) IN GENERAL— The Administrator is the principal advisor to the President,
the Homeland Security Council, and the Secretary for all matters relating to
emergency management in the United States.
(B) ADVICE AND RECOMMENDATIONS—
(i) IN GENERAL— In presenting advice with respect to any matter to the
President, the Homeland Security Council, or the Secretary, the
Administrator shall, as the Administrator considers appropriate, inform the
President, the Homeland Security Council, or the Secretary, as the case
may be, of the range of emergency preparedness, protection, response,
recovery, and mitigation options with respect to that matter.
(ii) ADVICE ON REQUEST— The Administrator, as the principal
advisor on emergency management, shall provide advice to the President,
the Homeland Security Council, or the Secretary on a particular matter
when the President, the Homeland Security Council, or the Secretary
requests such advice.
(iii) RECOMMENDATIONS TO CONGRESS— After informing the
Secretary, the Administrator may make such recommendations to
Congress relating to emergency management as the Administrator
considers appropriate.
(5) CABINET STATUS—
(A) IN GENERAL— The President may designate the Administrator to serve as a
member of the Cabinet in the event of natural disasters, acts of terrorism, or other
man-made disasters.
(B) RETENTION OF AUTHORITY— Nothing in this paragraph shall be
construed as affecting the authority of the Secretary under this Act.
Sec. 504. Authority and Responsibilities (6 U.S.C. 314)
(a) In General — The Administrator shall provide Federal leadership necessary to prepare
for, protect against, respond to, recover from, or mitigate against a natural disaster, act of
terrorism, or other man-made disaster, including—
(1) helping to ensure the effectiveness of emergency response providers to terrorist
attacks, major disasters, and other emergencies;
(2) with respect to the Nuclear Incident Response Team (regardless of whether it is
operating as an organizational unit of the Department pursuant to this subchapter)—
(A) establishing standards and certifying when those standards have been met;
(B) conducting joint and other exercises and training and evaluating performance;
and
(C) providing funds to the Department of Energy and the Environmental
Protection Agency, as appropriate, for homeland security planning, exercises and
training, and equipment;
96
(3) providing the Federal Government’s response to terrorist attacks and major
disasters, including—
(A) managing such response;
(B) directing the Domestic Emergency Support Team, the National Disaster
Medical System, and (when operating as an organizational unit of the Department
pursuant to this subchapter) the Nuclear Incident Response Team;
(C) overseeing the Metropolitan Medical Response System; and
(D) coordinating other Federal response resources, including requiring
deployment of the Strategic National Stockpile, in the event of a terrorist attack or
major disaster;
(4) aiding the recovery from terrorist attacks and major disasters;
(5) building a comprehensive national incident management system with Federal,
State, and local government personnel, agencies, and authorities, to respond to such
attacks and disasters;
(6) consolidating existing Federal Government emergency response plans into a
single, coordinated national response plan;
(7) helping ensure the acquisition of operable and interoperable communications
capabilities by Federal, State, local, and tribal governments and emergency
response providers;
(8) assisting the President in carrying out the functions under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and
carrying out all functions and authorities given to the Administrator under that Act;
(9) carrying out the mission of the Agency to reduce the loss of life and property
and protect the Nation from all hazards by leading and supporting the Nation in a
risk-based, comprehensive emergency management system of—
(A) mitigation, by taking sustained actions to reduce or eliminate long-term risks
to people and property from hazards and their effects;
(B) preparedness, by planning, training, and building the emergency management
profession to prepare effectively for, mitigate against, respond to, and recover
from any hazard;
(C) response, by conducting emergency operations to save lives and property
through positioning emergency equipment, personnel, and supplies, through
evacuating potential victims, through providing food, water, shelter, and medical
care to those in need, and through restoring critical public services; and
(D) recovery, by rebuilding communities so individuals, businesses, and
governments can function on their own, return to normal life, and protect against
future hazards;
97
(10) increasing efficiencies, by coordinating efforts relating to preparedness,
protection, response, recovery, and mitigation;
(11) helping to ensure the effectiveness of emergency response providers in
responding to a natural disaster, act of terrorism, or other man-made disaster;
(12) supervising grant programs administered by the Agency;
(13) administering and ensuring the implementation of the National Response Plan,
including coordinating and ensuring the readiness of each emergency support
function under the National Response Plan;
(14) coordinating with the National Advisory Council established under section
508;
(15) preparing and implementing the plans and programs of the Federal
Government for—
(A) continuity of operations;
(B) continuity of government; and
(C) continuity of plans;
(16) minimizing, to the extent practicable, overlapping planning and reporting
requirements applicable to State, local, and tribal governments and the private
sector;
(17) maintaining and operating within the Agency the National Response
Coordination Center or its successor;
(18) developing a national emergency management system that is capable of
preparing for, protecting against, responding to, recovering from, and mitigating
against catastrophic incidents;
(19) assisting the President in carrying out the functions under the national
preparedness goal and the national preparedness system and carrying out all
functions and authorities of the Administrator under the national preparedness
System;
(20) carrying out all authorities of the Federal Emergency Management Agency and
the Directorate of Preparedness of the Department as transferred under section 505;
and
(21) otherwise carrying out the mission of the Agency as described in section
503(b).
(b) All-Hazards Approach— In carrying out the responsibilities under this section, the
Administrator shall coordinate the implementation of a risk-based, all-hazards strategy that
98
builds those common capabilities necessary to prepare for, protect against, respond to,
recover from, or mitigate against natural disasters, acts of terrorism, and other man-made
disasters, while also building the unique capabilities necessary to prepare for, protect
against, respond to, recover from, or mitigate against the risks of specific types of incidents
that pose the greatest risk to the Nation.
Sec. 505. Functions Transferred (6 U.S.C. 315)
(a) In General— Except as provided in subsection (b), there are transferred to the
Agency the following:
(1) All functions of the Federal Emergency Management Agency, including
existing responsibilities for emergency alert systems and continuity of operations
and continuity of government plans and programs as constituted on June 1, 2006,
including all of its personnel, assets, components, authorities, grant programs, and
liabilities, and including the functions of the Under Secretary for Federal
Emergency Management relating thereto.
(2) The Directorate of Preparedness, as constituted on June 1, 2006, including all of
its functions, personnel, assets, components, authorities, grant programs, and
liabilities, and including the functions of the Under Secretary for Preparedness
relating thereto.
(b) Exceptions— The following within the Preparedness Directorate shall not be
transferred:
(1) The Office of Infrastructure Protection.
(2) The National Communications System.
(3) The National Cybersecurity Division.
(4) The Office of the Chief Medical Officer.
(5) The functions, personnel, assets, components, authorities, and liabilities of each
component described under paragraphs (1) through (4).
Sec. 506. Preserving the Federal Emergency Management Agency (6
U.S.C. 316)
(a) Distinct Entity— The Agency shall be maintained as a distinct entity within the
Department.
(b) Reorganization— Section 872 shall not apply to the Agency, including any function or
organizational unit of the Agency.
99
(c) Prohibition on Changes to Missions—
(1) IN GENERAL— The Secretary may not substantially or significantly reduce
the authorities, responsibilities, or functions of the Agency or the capability of the
Agency to perform those missions, authorities, responsibilities, except as otherwise
specifically provided in an Act enacted after the date of enactment of the Post-
Katrina Emergency Management Reform Act of 2006.
(2) CERTAIN TRANSFERS PROHIBITED— No asset, function, or mission of the
Agency may be diverted to the principal and continuing use of any other
organization, unit, or entity of the Department, except for details or assignments
that do not reduce the capability of the Agency to perform its missions.
(d) Reprogramming and Transfer of Funds— In reprogramming or transferring funds, the
Secretary shall comply with any applicable provisions of any Act making appropriations
for the Department for fiscal year 2007, or any succeeding fiscal year, relating to the
reprogramming or transfer of funds.
Sec. 507. Regional Offices (6 U.S.C. 317)
(a) In General— There are in the Agency 10 regional offices, as identified by the
Administrator.
(b) Management of Regional Offices—
(1) REGIONAL ADMINISTRATOR— Each Regional Office shall be headed by a
Regional Administrator who shall be appointed by the Administrator, after
consulting with State, local, and tribal government officials in the region. Each
Regional Administrator shall report directly to the Administrator and be in the
Senior Executive Service.
(2) QUALIFICATIONS—
(A) IN GENERAL— Each Regional Administrator shall be appointed from
among individuals who have a demonstrated ability in and knowledge of
emergency management and homeland security.
(B) CONSIDERATIONS— In selecting a Regional Administrator for a Regional
Office, the Administrator shall consider the familiarity of an individual with the
geographical area and demographic characteristics of the population served by
such Regional Office.
(c) Responsibilities—
(1) IN GENERAL— The Regional Administrator shall work in partnership with
State, local, and tribal governments, emergency managers, emergency response
providers, medical providers, the private sector, nongovernmental organizations,
100
multijurisdictional councils of governments, and regional planning commissions
and organizations in the geographical area served by the Regional Office to carry
out the responsibilities of a Regional Administrator under this section.
(2) RESPONSIBILITIES— The responsibilities of a Regional Administrator
include—
(A) ensuring effective, coordinated, and integrated regional preparedness,
protection, response, recovery, and mitigation activities and programs for natural
disasters, acts of terrorism, and other man-made disasters (including planning,
training, exercises, and professional development);
(B) assisting in the development of regional capabilities needed for a national
catastrophic response system;
(C) coordinating the establishment of effective regional operable and
interoperable emergency communications capabilities;
(D) staffing and overseeing 1 or more strike teams within the region under
subsection (f), to serve as the focal point of the Federal Government’s initial
response efforts for natural disasters, acts of terrorism, and other man-made
disasters within that region, and otherwise building Federal response capabilities
to respond to natural disasters, acts of terrorism, and other man-made disasters
within that region;
(E) designating an individual responsible for the development of strategic and
operational regional plans in support of the National Response Plan;
(F) fostering the development of mutual aid and other cooperative agreements;
(G) identifying critical gaps in regional capabilities to respond to populations with
special needs;
(H) maintaining and operating a Regional Response Coordination Center or its
successor; and
(I) performing such other duties relating to such responsibilities as the
Administrator may require.
(3) TRAINING AND EXERCISE REQUIREMENTS—
(A) TRAINING— The Administrator shall require each Regional Administrator
to undergo specific training periodically to complement the qualifications of the
Regional Administrator. Such training, as appropriate, shall include training with
respect to the National Incident Management System, the National Response Plan,
and such other subjects as determined by the Administrator.
(B) EXERCISES— The Administrator shall require each Regional Administrator
to participate as appropriate in regional and national exercises.
(d) Area Offices—
(1) IN GENERAL— There is an Area Office for the Pacific and an Area Office for
the Caribbean, as components in the appropriate Regional Offices.
(2) ALASKA— The Administrator shall establish an Area Office in Alaska, as a
component in the appropriate Regional Office.
101
(e) Regional Advisory Council—
(1) ESTABLISHMENT— Each Regional Administrator shall establish a Regional
Advisory Council.
(2) NOMINATIONS— A State, local, or tribal government located within the
geographic area served by the Regional Office may nominate officials, including
Adjutants General and emergency managers, to serve as members of the Regional
Advisory Council for that region.
(3) RESPONSIBILITIES— Each Regional Advisory Council shall—
(A) advise the Regional Administrator on emergency management issues specific
to that region;
(B) identify any geographic, demographic, or other characteristics peculiar to any
State, local, or tribal government within the region that might make preparedness,
protection, response, recovery, or mitigation more complicated or difficult; and
(C) advise the Regional Administrator of any weaknesses or deficiencies in
preparedness, protection, response, recovery, and mitigation for any State, local,
and tribal government within the region of which the Regional Advisory Council
is aware.
(f) Regional Office Strike Teams—
(1) IN GENERAL— In coordination with other relevant Federal agencies, each
Regional Administrator shall oversee multi-agency strike teams authorized under
section 303 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5144) that shall consist of
(A) a designated Federal coordinating officer;
(B) personnel trained in incident management;
(C) public affairs, response and recovery, and communications support personnel;
(D) a defense coordinating officer;
(E) liaisons to other Federal agencies;
(F) such other personnel as the Administrator or Regional Administrator
determines appropriate; and
(G) individuals from the agencies with primary responsibility for each of the
emergency support functions in the National Response Plan.
(2) OTHER DUTIES— The duties of an individual assigned to a Regional Office
strike team from another relevant agency when such individual is not functioning as
a member of the strike team shall be consistent with the emergency preparedness
activities of the agency that employs such individual.
(3) LOCATION OF MEMBERS— The members of each Regional Office strike
team, including representatives from agencies other than the Department, shall be
based primarily within the region that corresponds to that strike team.
102
(4) COORDINATION— Each Regional Office strike team shall coordinate the
training and exercises of that strike team with the State, local, and tribal
governments and private sector and nongovernmental entities which the strike team
shall support when a natural disaster, act of terrorism, or other man-made disaster
occurs.
(5) PREPAREDNESS— Each Regional Office strike team shall be trained as a unit
on a regular basis and equipped and staffed to be well prepared to respond to natural
disasters, acts of terrorism, and other man-made disasters, including catastrophic
incidents.
(6) AUTHORITIES— If the Administrator determines that statutory authority is
inadequate for the preparedness and deployment of individuals in strike teams under
this subsection, the Administrator shall report to Congress regarding the additional
statutory authorities that the Administrator determines are necessary.
Sec. 508. National Advisory Council (6 U.S.C. 318)
(a) Establishment— Not later than 60 days after the date of enactment of the Post-Katrina
Emergency Management Reform Act of 2006, the Secretary shall establish an advisory
body under section 871(a) to ensure effective and ongoing coordination of Federal
preparedness, protection, response, recovery, and mitigation for natural disasters, acts of
terrorism, and other man-made disasters, to be known as the National Advisory Council.
(b) Responsibilities— The National Advisory Council shall advise the Administrator on all
aspects of emergency management. The National Advisory Council shall incorporate State,
local, and tribal government and private sector input in the development and revision of the
national preparedness goal, the national preparedness system, the National Incident
Management System, the National Response Plan, and other related plans and strategies.
(c) Membership—
(1) IN GENERAL— The members of the National Advisory Council shall be
appointed by the Administrator, and shall, to the extent practicable, represent a
geographic (including urban and rural) and substantive cross section of officials,
emergency managers, and emergency response providers from State, local, and
tribal governments, the private sector, and nongovernmental organizations,
including as appropriate
(A) members selected from the emergency management field and emergency
response providers, including fire service, law enforcement, hazardous materials
response, emergency medical services, and emergency management personnel, or
organizations representing such individuals;
(B) health scientists, emergency and inpatient medical providers, and public
health professionals;
103
(C) experts from Federal, State, local, and tribal governments, and the private
sector, representing standards-setting and accrediting organizations, including
representatives from the voluntary consensus codes and standards development
community, particularly those with expertise in the emergency preparedness and
response field;
(D) State, local, and tribal government officials with expertise in preparedness,
protection, response, recovery, and mitigation, including Adjutants General;
(E) elected State, local, and tribal government executives;
(F) experts in public and private sector infrastructure protection, cybersecurity,
and communications;
(G) representatives of individuals with disabilities and other populations with
special needs; and
(H) such other individuals as the Administrator determines to be appropriate.
(2) COORDINATION WITH THE DEPARTMENTS OF HEALTH AND
HUMAN SERVICES AND TRANSPORTATION— In the selection of members
of the National Advisory Council who are health or emergency medical services
professionals, the Administrator shall work with the Secretary of Health and Human
Services and the Secretary of Transportation.
(3) EX OFFICIO MEMBERS— The Administrator shall designate 1 or more
officers of the Federal Government to serve as ex officio members of the National
Advisory Council.
(4) TERMS OF OFFICE—
(A) IN GENERAL— Except as provided in subparagraph (B), the term of office
of each member of the National Advisory Council shall be 3 years.
(B) INITIAL APPOINTMENTS— Of the members initially appointed to the
National Advisory Council
(i) one-third shall be appointed for a term of 1 year; and
(ii) one-third shall be appointed for a term of 2 years.
(d) Applicability of Federal Advisory Committee Act—
(1) IN GENERAL— Notwithstanding section 871(a) and subject to paragraph (2),
the Federal Advisory Committee Act (5 U.S.C. App.), including subsections (a),
(b), and (d) of section 10 of such Act, and section 552b(c) of title 5, United States
Code, shall apply to the National Advisory Council.
(2) TERMINATION— Section 14(a)(2) of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the National Advisory Council.
Sec. 509. National Integration Center (6 U.S.C. 319)
(a) In General— There is established in the Agency a National Integration Center.
104
(b) Responsibilities—
(1) IN GENERAL— The Administrator, through the National Integration Center,
and in consultation with other Federal departments and agencies and the National
Advisory Council, shall ensure ongoing management and maintenance of the
National Incident Management System, the National Response Plan, and any
successor to such system or plan.
(2) SPECIFIC RESPONSIBILITIES— The National Integration Center shall
periodically review, and revise as appropriate, the National Incident Management
System and the National Response Plan, including—
(A) establishing, in consultation with the Director of the Corporation for National
and Community Service, a process to better use volunteers and donations;
(B) improving the use of Federal, State, local, and tribal resources and ensuring
the effective use of emergency response providers at emergency scenes; and
(C) revising the Catastrophic Incident Annex, finalizing and releasing the
Catastrophic Incident Supplement to the National Response Plan, and ensuring
that both effectively address response requirements in the event of a catastrophic
incident.
(c) Incident Management—
(1) IN GENERAL—
(A) NATIONAL RESPONSE PLAN— The Secretary, acting through the
Administrator, shall ensure that the National Response Plan provides for a clear
chain of command to lead and coordinate the Federal response to any natural
disaster, act of terrorism, or other man-made disaster.
(B) ADMINISTRATOR— The chain of the command specified in the National
Response Plan shall
(i) provide for a role for the Administrator consistent with the role of the
Administrator as the principal emergency management advisor to the
President, the Homeland Security Council, and the Secretary under section
503(c)(4) and the responsibility of the Administrator under the Post-
Katrina Emergency Management Reform Act of 2006, and the
amendments made by that Act, relating to natural disasters, acts of
terrorism, and other man-made disasters; and
(ii) provide for a role for the Federal Coordinating Officer consistent with
the responsibilities under section 302(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5143(b)).
(2) PRINCIPAL FEDERAL OFFICIAL— The Principal Federal Official (or the
successor thereto) shall not—
(A) direct or replace the incident command structure established at the incident; or
(B) have directive authority over the Senior Federal Law Enforcement Official,
Federal Coordinating Officer, or other Federal and State officials.
105
Sec. 510. Credentialing and Typing (6 U.S.C. 320)
The Administrator shall enter into a memorandum of understanding with the administrators
of the Emergency Management Assistance Compact, State, local, and tribal governments,
and organizations that represent emergency response providers, to collaborate on
developing standards for deployment capabilities, including credentialing of personnel and
typing of resources likely needed to respond to natural disasters, acts of terrorism, and
other man-made disasters.
Sec. 511. The National Infrastructure Simulation and Analysis Center (6
U.S.C. 321)
(a) Definition— In this section, the term ‘National Infrastructure Simulation and Analysis
Center’ means the National Infrastructure Simulation and Analysis Center established under
section 1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)).
(b) Authority—
(1) IN GENERAL— There is in the Department the National Infrastructure
Simulation and Analysis Center which shall serve as a source of national expertise
to address critical infrastructure protection and continuity through support for
activities related to
(A) counterterrorism, threat assessment, and risk mitigation; and
(B) a natural disaster, act of terrorism, or other man-made disaster.
(2) INFRASTRUCTURE MODELING—
(A) PARTICULAR SUPPORT— The support provided under paragraph (1) shall
include modeling, simulation, and analysis of the systems and assets comprising
critical infrastructure, in order to enhance preparedness, protection, response,
recovery, and mitigation activities.
(B) RELATIONSHIP WITH OTHER AGENCIES— Each Federal agency and
department with critical infrastructure responsibilities under Homeland Security
Presidential Directive 7, or any successor to such directive, shall establish a
formal relationship, including an agreement regarding information sharing,
between the elements of such agency or department and the National
Infrastructure Simulation and Analysis Center, through the Department.
(C) PURPOSE—
(i) IN GENERAL— The purpose of the relationship under subparagraph
(B) shall be to permit each Federal agency and department described in
subparagraph (B) to take full advantage of the capabilities of the National
Infrastructure Simulation and Analysis Center (particularly vulnerability
and consequence analysis), consistent with its work load capacity and
priorities, for real-time response to reported and projected natural
disasters, acts of terrorism, and other man-made disasters.
106
(ii) RECIPIENT OF CERTAIN SUPPORT— Modeling, simulation, and
analysis provided under this subsection shall be provided to relevant
Federal agencies and departments, including Federal agencies and
departments with critical infrastructure responsibilities under Homeland
Security Presidential Directive 7, or any successor to such directive.
Sec. 512. Evacuation Plans and Exercises (6 U.S.C. 321a)
(a) In General— Notwithstanding any other provision of law, and subject to subsection (d),
grants made to States or local or tribal governments by the Department through the State
Homeland Security Grant Program or the Urban Area Security Initiative may be used to—
(1) establish programs for the development and maintenance of mass evacuation
plans under subsection (b) in the event of a natural disaster, act of terrorism, or
other man-made disaster;
(2) prepare for the execution of such plans, including the development of
evacuation routes and the purchase and stockpiling of necessary supplies and
shelters; and
(3) conduct exercises of such plans.
(b) Plan Development— In developing the mass evacuation plans authorized under
subsection (a), each State, local, or tribal government shall, to the maximum extent
practicable—
(1) establish incident command and decision making processes;
(2) ensure that State, local, and tribal government plans, including evacuation
routes, are coordinated and integrated;
(3) identify primary and alternative evacuation routes and methods to increase
evacuation capabilities along such routes such as conversion of two-way traffic to
one-way evacuation routes;
(4) identify evacuation transportation modes and capabilities, including the use of
mass and public transit capabilities, and coordinating and integrating evacuation
plans for all populations including for those individuals located in hospitals, nursing
homes, and other institutional living facilities;
(5) develop procedures for informing the public of evacuation plans before and
during an evacuation, including individuals–
(A) with disabilities or other special needs;
(B) with limited English proficiency; or
(C) who might otherwise have difficulty in obtaining such information; and
107
(6) identify shelter locations and capabilities.
(c) Assistance—
(1) IN GENERAL— The Administrator may establish any guidelines, standards, or
requirements determined appropriate to administer this section and to ensure
effective mass evacuation planning for State, local, and tribal areas.
(2) REQUESTED ASSISTANCE— The Administrator shall make assistance
available upon request of a State, local, or tribal government to assist hospitals,
nursing homes, and other institutions that house individuals with special needs to
establish, maintain, and exercise mass evacuation plans that are coordinated and
integrated into the plans developed by that State, local, or tribal government under
this section.
(d) Multipurpose Funds— Nothing in this section may be construed to preclude a State,
local, or tribal government from using grant funds in a manner that enhances preparedness
for a natural or man-made disaster unrelated to an act of terrorism, if such use assists such
government in building capabilities for terrorism preparedness.
Sec. 513. Disability Coordinator (6 U.S.C. 321b)
(a) In General— After consultation with organizations representing individuals with
disabilities, the National Council on Disabilities, and the Interagency Coordinating Council
on Preparedness and Individuals with Disabilities, established under Executive Order No.
13347 (6 U.S.C. 312 note), the Administrator shall appoint a Disability Coordinator. The
Disability Coordinator shall report directly to the Administrator, in order to ensure that the
needs of individuals with disabilities are being properly addressed in emergency
preparedness and disaster relief.
(b) Responsibilities The Disability Coordinator shall be responsible for—
(1) providing guidance and coordination on matters related to individuals with
disabilities in emergency planning requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made disaster;
(2) interacting with the staff of the Agency, the National Council on Disabilities, the
Interagency Coordinating Council on Preparedness and Individuals with Disabilities
established under Executive Order No. 13347 (6 U.S.C. 312 note), other agencies of
the Federal Government, and State, local, and tribal government authorities
regarding the needs of individuals with disabilities in emergency planning
requirements and relief efforts in the event of a natural disaster, act of terrorism, or
other man-made disaster;
(3) consulting with organizations that represent the interests and rights of
individuals with disabilities about the needs of individuals with disabilities in
108
emergency planning requirements and relief efforts in the event of a natural
disaster, act of terrorism, or other man-made disaster;
(4) ensuring the coordination and dissemination of best practices and model
evacuation plans for individuals with disabilities;
(5) ensuring the development of training materials and a curriculum for training of
emergency response providers, State, local, and tribal government officials, and
others on the needs of individuals with disabilities;
(6) promoting the accessibility of telephone hotlines and websites regarding
emergency preparedness, evacuations, and disaster relief;
(7) working to ensure that video programming distributors, including broadcasters,
cable operators, and satellite television services, make emergency information
accessible to individuals with hearing and vision disabilities;
(8) ensuring the availability of accessible transportation options for individuals with
disabilities in the event of an evacuation;
(9) providing guidance and implementing policies to ensure that the rights and
wishes of individuals with disabilities regarding post-evacuation residency and
relocation are respected;
(10) ensuring that meeting the needs of individuals with disabilities are included in
the components of the national preparedness system established under section 644
of the Post-Katrina Emergency Management Reform Act of 2006; and
(11) any other duties as assigned by the Administrator.
Sec. 514. Department and Agency Officials (6 U.S.C. 321c)
(a) Deputy Administrators— The President may appoint, by and with the advice and
consent of the Senate, not more than 4 Deputy Administrators to assist the Administrator in
carrying out this title.
(b) Cybersecurity and Communications— There is in the Department an Assistant
Secretary for Cybersecurity and Communications.
(c) United States Fire Administration— The Administrator of the United States Fire
Administration shall have a rank equivalent to an assistant secretary of the Department.
109
Sec. 515. National Operations Center (6 U.S.C. 321d)
(a) Definition— In this section, the term `situational awareness’ means information
gathered from a variety of sources that, when communicated to emergency managers and
decision makers, can form the basis for incident management decision making.
(b) Establishment— The National Operations Center is the principal operations center for
the Department and shall—
(1) provide situational awareness and a common operating picture for the entire
Federal Government, and for State, local, and tribal governments as appropriate, in
the event of a natural disaster, act of terrorism, or other man-made disaster; and
(2) ensure that critical terrorism and disaster-related information reaches
government decision-makers.
Sec. 516. Chief Medical Officer (6 U.S.C. 321e)
(a) In General— There is in the Department a Chief Medical Officer, who shall be
appointed by the President, by and with the advice and consent of the Senate.
(b) Qualifications— The individual appointed as Chief Medical Officer shall possess a
demonstrated ability in and knowledge of medicine and public health.
(c) Responsibilities— The Chief Medical Officer shall have the primary responsibility
within the Department for medical issues related to natural disasters, acts of terrorism, and
other man-made disasters, including—
(1) serving as the principal advisor to the Secretary and the Administrator on
medical and public health issues;
(2) coordinating the biodefense activities of the Department;
(3) ensuring internal and external coordination of all medical preparedness and
response activities of the Department, including training, exercises, and equipment
support;
(4) serving as the Department’s primary point of contact with the Department of
Agriculture, the Department of Defense, the Department of Health and Human
Services, the Department of Transportation, the Department of Veterans Affairs,
and other Federal departments or agencies, on medical and public health issues;
(5) serving as the Department’s primary point of contact for State, local, and tribal
governments, the medical community, and others within and outside the
Department, with respect to medical and public health matters;
110
(6) discharging, in coordination with the Under Secretary for Science and
Technology, the responsibilities of the Department related to Project Bioshield; and
(7) performing such other duties relating to such responsibilities as the Secretary
may require.
Sec. 517. Nuclear incident response (6 U.S.C. 321f)
(a) In general
At the direction of the Secretary (in connection with an actual or threatened terrorist attack,
major disaster, or other emergency in the United States), the Nuclear Incident Response
Team shall operate as an organizational unit of the Department. While so operating, the
Nuclear Incident Response Team shall be subject to the direction, authority, and control of
the Secretary.
(b) Rule of construction
Nothing in this subchapter shall be construed to limit the ordinary responsibility of the
Secretary of Energy and the Administrator of the Environmental Protection Agency for
organizing, training, equipping, and utilizing their respective entities in the Nuclear
Incident Response Team, or (subject to the provisions of this subchapter) from exercising
direction, authority, and control over them when they are not operating as a unit of the
Department.
Sec. 518. Conduct of certain public health-related activities (6 U.S.C.
321g)
(a) In general
With respect to all public health-related activities to improve State, local, and hospital
preparedness and response to chemical, biological, radiological, and nuclear and other
emerging terrorist threats carried out by the Department of Health and Human Services
(including the Public Health Service), the Secretary of Health and Human Services shall set
priorities and preparedness goals and further develop a coordinated strategy for such
activities in collaboration with the Secretary.
(b) Evaluation of progress
In carrying out subsection (a) of this section, the Secretary of Health and Human Services
shall collaborate with the Secretary in developing specific benchmarks and outcome
measurements for evaluating progress toward achieving the priorities and goals described
in such subsection.
Sec. 519. Use of national private sector networks in emergency response
(6 U.S.C. 321h)
To the maximum extent practicable, the Secretary shall use national private sector networks
and infrastructure for emergency response to chemical, biological, radiological, nuclear, or
explosive disasters, and other major disasters.
111
Sec. 520. Use of commercially available technology, goods, and services (6
U.S.C. 321i)
It is the sense of Congress that—
(1) the Secretary should, to the maximum extent possible, use off-the-shelf
commercially developed technologies to ensure that the Department’s information
technology systems allow the Department to collect, manage, share, analyze, and
disseminate information securely over multiple channels of communication; and
(2) in order to further the policy of the United States to avoid competing
commercially with the private sector, the Secretary should rely on commercial
sources to supply the goods and services needed by the Department.
Sec. 521. Procurement of security countermeasures for Strategic National
Stockpile (6 U.S.C. 321j)
(a) Authorization of appropriations
For the procurement of security countermeasures under section 247d–6b (c) of title 42
(referred to in this section as the “security countermeasures program”), there is authorized
to be appropriated up to $5,593,000,000 for the fiscal years 2004 through 2013. Of the
amounts appropriated under the preceding sentence, not to exceed $3,418,000,000 may be
obligated during the fiscal years 2004 through 2008, of which not to exceed $890,000,000
may be obligated during fiscal year 2004.
(b) Special reserve fund
For purposes of the security countermeasures program, the term “special reserve fund”
means the “Biodefense Countermeasures” appropriations account or any other
appropriation made under subsection (a) of this section.
(c) Availability
Amounts appropriated under subsection (a) of this section become available for a
procurement under the security countermeasures program only upon the approval by the
President of such availability for the procurement in accordance with paragraph (6)(B) of
such program.
(d) Related authorizations of appropriations
(1) Threat assessment capabilities
For the purpose of carrying out the responsibilities of the Secretary for terror threat
assessment under the security countermeasures program, there are authorized to be
appropriated such sums as may be necessary for each of the fiscal years 2004
through 2006, for the hiring of professional personnel within the Directorate for
Information Analysis and Infrastructure Protection, who shall be analysts
responsible for chemical, biological, radiological, and nuclear threat assessment
112
http://www.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42.html
113
(including but not limited to analysis of chemical, biological, radiological, and
nuclear agents, the means by which such agents could be weaponized or used in a
terrorist attack, and the capabilities, plans, and intentions of terrorists and other non-
state actors who may have or acquire such agents). All such analysts shall meet the
applicable standards and qualifications for the performance of intelligence activities
promulgated by the Director of Central Intelligence pursuant to section 403–4 of
title 50.
(2) Intelligence sharing infrastructure
For the purpose of carrying out the acquisition and deployment of secure facilities
(including information technology and physical infrastructure, whether mobile and
temporary, or permanent) sufficient to permit the Secretary to receive, not later than
180 days after July 21, 2004, all classified information and products to which the
Under Secretary for Information Analysis and Infrastructure Protection is entitled
under part A of subchapter II of this chapter, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 2004 through 2006.
http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00000403—-004-.html
http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50.html
- Title I — Findings, Declarations and Definitions 1
- Title II — Disaster Preparedness and Mitigation Assistance 3
- Title III — Major Disaster and Emergency Assistance Administration 10
- Title IV — Major Disaster Assistance Programs 26
- Title V — Emergency Assistance Programs 51
- Title VI — Emergency Preparedness 54
- Title VII – Miscellaneous 68
Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121) 1
Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131) 3
Sec. 202. Disaster Warnings (42 U.S.C. 5132) 4
Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133) 5
Sec. 204. Interagency Task Force (42 U.S.C. 5134) 10
Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141) 10
Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147) 12
Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148) 12
Sec. 306. Performance of Services (42 U.S.C. 5149) 13
Sec. 310. Priority to Certain Applications for Public Facility and Public Housing Assistance (42 U.S.C. 5153) 15
Sec. 311. Insurance (42 U.S.C. 5154) 16
Prohibited Flood Disaster Assistance (42 U.S.C. 5154a) 17
Sec. 312. Duplication of Benefits (42 U.S.C. 5155) 18
Sec. 313. Standard of Review (42 U.S.C. 5156) 19
Sec. 314. Penalties (42 U.S.C. 5157) 19
Sec. 315. Availability of Materials (42 U.S.C. 5158) 20
Sec. 316. Protection of Environment (42 U.S.C. 5159) 20
Sec. 317. Recovery of Assistance (42 U.S.C. 5160) 20
Sec. 318. Audits and Investigations (42 U.S.C. 5161) 21
Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162) 21
Sec. 320. Limitation on Use of Sliding Scale (42 U.S.C. 5163) 22
Sec. 321. Rules and Regulations (42 U.S.C. 5164) 22
Sec. 322. Mitigation Planning (42 U.S.C. 5165) 22
Sec. 323. Standards for Public and Private Structures (42 U.S.C. 5165a) 23
Sec. 324. Management Costs (42 U.S.C. 5165b) 24
Sec. 325. Public Notice, Comment, and Consultation Requirements (42 U.S.C. 5165c) 24
Sec. 401. Procedure for Declaration (42 U.S.C. 5170) 26
Sec. 405. Federal Facilities (42 U.S.C. 5171) 31
Sec. 410. Unemployment Assistance (42 U.S.C. 5177) 45
Sec. 412. Food Coupons and Distribution (42 U.S.C. 5179) 46
Sec. 413. Food Commodities (42 U.S.C. 5180) 46
Sec. 414. Relocation Assistance (42 U.S.C. 5181) 46
Sec. 415. Legal Services (42 U.S.C. 5182) 47
Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183) 47
Sec. 418. Emergency Communications (42 U.S.C. 5185) 48
Sec. 419. Emergency Public Transportation (42 U.S.C. 5186) 48
Sec. 420. Fire Management Assistance (42 U.S.C. 5187) 48
Sec. 421. Timber Sale Contracts (42 U.S.C. 5188) 48
Sec. 422. Simplified Procedures (42 U.S.C. 5189) 49
Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a) 50
Sec. 424. Date of Eligibility; Expenses Incurred Before Date of Disaster (42 U.S.C. 5189b) 50
Sec. 501. Procedure for Declaration (42 U.S.C. 5191) 51
Sec. 503. Amount of Assistance (42 U.S.C. 5193) 53
Sec. 601. Declaration of Policy (42 U.S.C. 5195) 54
Sec. 602. Definitions (42 U.S.C. 5195a) 54
Sec. 603. Administration of Title (42 U.S.C. 5195b) 56
Sec. 612. Mutual Aid Pacts Between States and Neighboring Countries (42 U.S.C. 5196a) 61
Sec. 614. Requirement for State Matching Funds for Construction of Emergency Operating Centers (42 U.S.C. 5196c) 63
Sec. 615. Use of Funds to Prepare for and Respond to Hazards (42 U.S.C. 5196d) 63
SUBTITLE B – GENERAL PROVISIONS 64
Sec. 621. Administrative Authority (42 U.S.C. 5197) 64
Sec. 622. Security Regulations (42 U.S.C. 5197a) 65
Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b) 67
Sec. 624. Annual Report to Congress (42 U.S.C. 5197c) 67
Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d) 67
Sec. 626. Authorization of Appropriation and Transfers of Funds (42 U.S.C. 5197e) 67
Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f) 68
Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g) 68
Sec. 701. Rules and Regulations (42 U.S.C. 5201) 68
Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205) 68
Sec. 706. Firearms Policies (42 U.S.C. 5207)* 69
MISCELLANEOUS STATUTORY PROVISIONS THAT RELATE TO THE STAFFORD ACT 71
Excess Disaster Assistance Payments as Budgetary Emergency Requirements (42 U.S.C. 5203) 71
Insular Areas Disaster Survival and Recovery; Definitions
(42 U.S.C. 5204) 71
Authorization of Appropriations for Insular Areas (Disaster Recovery) (42 U.S.C. 5204a) 71
Hazard Mitigation for Insular Areas (Limitation on Amount of Contributions, Local Match) (42 U.S.C. 5204c) 72
Buy American (Requirements) (42 U.S.C. 5206) 73
Title I — Findings, Declarations and Definitions
Sec. 101. Congressional Findings and Declarations (42 U.S.C. 5121)
Sec. 102. Definitions (42 U.S.C. 5122)*
Title II — Disaster Preparedness and Mitigation Assistance
Sec. 201. Federal and State Disaster Preparedness Programs (42 U.S.C. 5131)
Sec. 202. Disaster Warnings (42 U.S.C. 5132)
Sec. 203. Predisaster Hazard Mitigation (42 U.S.C. 5133)
Sec. 204. Interagency Task Force (42 U.S.C. 5134)
Title III — Major Disaster and Emergency Assistance Administration
Sec. 301. Waiver of Administrative Conditions (42 U.S.C. 5141)
Sec. 302. Coordinating Officers (42 U.S.C. 5143)*
Sec. 304. Reimbursement of Federal Agencies (42 U.S.C. 5147)
Sec. 305. Nonliability of Federal Government (42 U.S.C. 5148)
Sec. 306. Performance of Services (42 U.S.C. 5149)
Sec. 307. Use of Local Firms and Individuals (42 U.S.C. 5150)*
Sec. 308. Nondiscrimination in Disaster Assistance (42 U.S.C. 5151)*
Sec. 309. Use and Coordination of Relief Organizations (42 U.S.C. 5152)
Sec. 310. Priority to Certain Applications for Public Facility and Public Housing Assistance (42 U.S.C. 5153)
Sec. 311. Insurance (42 U.S.C. 5154)
Prohibited Flood Disaster Assistance (42 U.S.C. 5154a)
Sec. 312. Duplication of Benefits (42 U.S.C. 5155)
Sec. 313. Standard of Review (42 U.S.C. 5156)
Sec. 314. Penalties (42 U.S.C. 5157)
Sec. 315. Availability of Materials (42 U.S.C. 5158)
Sec. 316. Protection of Environment (42 U.S.C. 5159)
Sec. 317. Recovery of Assistance (42 U.S.C. 5160)
Sec. 318. Audits and Investigations (42 U.S.C. 5161)
Sec. 319. Advance of Non-Federal Share (42 U.S.C. 5162)
Sec. 320. Limitation on Use of Sliding Scale (42 U.S.C. 5163)
Sec. 321. Rules and Regulations (42 U.S.C. 5164)
Sec. 322. Mitigation Planning (42 U.S.C. 5165)
Sec. 323. Standards for Public and Private Structures (42 U.S.C. 5165a)
Note: Section 324 becomes effective when FEMA has promulgated a management cost rate regulation. Until then subsection 406(f) of the Stafford Act is used to establish management cost rates.
Sec. 324. Management Costs (42 U.S.C. 5165b)
Sec. 325. Public Notice, Comment, and Consultation Requirements (42 U.S.C. 5165c)
Title IV — Major Disaster Assistance Programs
Sec. 401. Procedure for Declaration (42 U.S.C. 5170)
Sec. 402. General Federal Assistance (42 U.S.C. 5170a)*
Sec. 403. Essential Assistance (42 U.S.C. 5170b)*
Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)*
Sec. 405. Federal Facilities (42 U.S.C. 5171)
Sec. 406. Repair, Restoration, and Replacement of Damaged Facilities (42 U.S.C. 5172)*
Sec. 407. Debris Removal (42 U.S.C. 5173)*
Sec. 408. Federal Assistance to Individuals and Households (42 U.S.C. 5174)*
Sec. 410. Unemployment Assistance (42 U.S.C. 5177)
Sec. 412. Food Coupons and Distribution (42 U.S.C. 5179)
Sec. 413. Food Commodities (42 U.S.C. 5180)
Sec. 414. Relocation Assistance (42 U.S.C. 5181)
Sec. 415. Legal Services (42 U.S.C. 5182)
Sec. 416. Crisis Counseling Assistance and Training (42 U.S.C. 5183)
Sec. 417. Community Disaster Loans (42 U.S.C. 5184)*
Sec. 418. Emergency Communications (42 U.S.C. 5185)
Sec. 419. Emergency Public Transportation (42 U.S.C. 5186)
Sec. 420. Fire Management Assistance (42 U.S.C. 5187)
Sec. 421. Timber Sale Contracts (42 U.S.C. 5188)
Sec. 422. Simplified Procedures (42 U.S.C. 5189)
Sec. 423. Appeals of Assistance Decisions (42 U.S.C. 5189a)
Sec. 424. Date of Eligibility; Expenses Incurred Before Date of Disaster (42 U.S.C. 5189b)
Title V — Emergency Assistance Programs
Sec. 501. Procedure for Declaration (42 U.S.C. 5191)
Sec. 502. Federal emergency assistance (42 U.S.C. 5192)*
Sec. 503. Amount of Assistance (42 U.S.C. 5193)
Title VI — Emergency Preparedness
Sec. 601. Declaration of policy (42 U.S.C. 5195)
Sec. 602. Definitions (42 U.S.C. 5195a)
Sec. 603. Administration of Title (42 U.S.C. 5195b)
Sec. 611. Detailed Functions or Administration (42 U.S.C. 5196)*
Sec. 612. Mutual Aid Pacts Between States and Neighboring Countries (42 U.S.C. 5196a)
Sec. 613. Contributions for Personnel and Administrative Expenses (42 U.S.C. 5196b)*
Sec. 614. Requirement for State Matching Funds for Construction of Emergency Operating Centers (42 U.S.C. 5196c)
Sec. 615. Use of Funds to Prepare for and Respond to Hazards (42 U.S.C. 5196d)
SUBTITLE B – GENERAL PROVISIONS
Sec. 621. Administrative Authority (42 U.S.C. 5197)
Sec. 622. Security Regulations (42 U.S.C. 5197a)
Sec. 623. Use of Existing Facilities (42 U.S.C. 5197b)
Sec. 624. Annual Report to Congress (42 U.S.C. 5197c)
Sec. 625. Applicability of Subchapter (42 U.S.C. 5197d)
Sec. 626. Authorization of Appropriation and Transfers of Funds (42 U.S.C. 5197e)
Sec. 627. Relation to Atomic Energy Act of 1954 (42 U.S.C. 5197f)
Sec. 628. Federal Bureau of Investigation (42 U.S.C. 5197g)
Title VII — Miscellaneous
Sec. 701. Rules and Regulations (42 U.S.C. 5201)
Sec. 705. Disaster Grant Closeout Procedures (42 U.S.C. 5205)
Sec. 706. Firearms Policies (42 U.S.C. 5207)*
MISCELLANEOUS STATUTORY PROVISIONS THAT RELATE TO THE STAFFORD ACT
Excess Disaster Assistance Payments as Budgetary Emergency Requirements (42 U.S.C. 5203)
Insular Areas Disaster Survival and Recovery; Definitions
(42 U.S.C. 5204)
Authorization of Appropriations for Insular Areas
(Disaster Recovery) (42 U.S.C. 5204a)
Hazard Mitigation for Insular Areas (Limitation on Amount of Contributions, Local Match) (42 U.S.C. 5204c)
Buy American (Requirements) (42 U.S.C. 5206)
Sec. 501. Definitions (6 U.S.C. 311)
In this title—
(1) the term ‘Administrator’ means the Administrator of the Agency;
(2) the term ‘Agency’ means the Federal Emergency Management Agency;
Sec. 503. Federal Emergency Management Agency (6 U.S.C. 313)
Sec. 505. Functions Transferred (6 U.S.C. 315)
Sec. 506. Preserving the Federal Emergency Management Agency (6 U.S.C. 316)
(a) Distinct Entity— The Agency shall be maintained as a distinct entity within the Department.
Sec. 507. Regional Offices (6 U.S.C. 317)
Sec. 508. National Advisory Council (6 U.S.C. 318)
Sec. 509. National Integration Center (6 U.S.C. 319)
Sec. 510. Credentialing and Typing (6 U.S.C. 320)
Sec. 511. The National Infrastructure Simulation and Analysis Center (6 U.S.C. 321)
Sec. 512. Evacuation Plans and Exercises (6 U.S.C. 321a)
Sec. 513. Disability Coordinator (6 U.S.C. 321b)
Sec. 514. Department and Agency Officials (6 U.S.C. 321c)
Sec. 515. National Operations Center (6 U.S.C. 321d)
Sec. 516. Chief Medical Officer (6 U.S.C. 321e)
WINTER 2007
17
Delivering Crisis Mental Health Services
Aretha Faye Marbley
is an associate professor
and director of Community Counseling/
Counselor Education with the College of Education
at Texas Tech University, Lubbock, Texas.
Journal Entries
August 26, 2005
Today, for most of the morning, I
sat glued to the television, like millions
of Americans in disbelief as I watched
thousands of people who look just like me
and my folk, stranded in dire stress at the
Superdome in New Orleans. I could not
believe my eyes; I could not believe this was
happening in America in the year 2005.
September 1, 2005
This has been a heavy and emotionally
draining week for me. I have left several
messages with the local Red Cross about
volunteering and maybe organizing some
of our clinical students to provide mental
health services to the evacuees and have
heard nothing back. I keep remembering
the events from last Sunday morning; I
watch on the local news the hundreds of
evacuees, a majority of them Black and
New Orleanians, deboarding airplanes.
The news cameras were focused on
each evacuee as he or she stepped off the
plane, surrounded by our City’s finest, the
police. The evacuees appeared weary and
tired and were seemingly surprised to see
so many warm smiles and gestures. Lots
of people showed up to greet, welcome, and
help the victims of Hurricane Katrina.
After leaving the airplanes, the
evacuees boarded the city buses where
they were carted off to their temporary
shelter, our closed United States Air Force
base. Once again, they were greeted by
hundreds of warm smiles and enthusiastic
helping hands, and once again, the camera
In the Wake of Hurricane Katrina
Delivering Crisis Mental Health Services
to
Host Communities
was there to capture it. I looked to see
if I could see any familiar faces, either
evacuees or volunteers. And I did recog-
nize colleagues, friends, and students. It
was a good feeling.
September 6, 2005
I began my volunteering effort at 8am
this past Sunday morning, a week after the
excitement of having company in our city
settled down. When I checked in, I found
hundreds of individuals still struggling
with what all of this meant, including
challenging their fundamental view of the
world, of their faith, and God, as well as
seeing this place as safe.
Although most of the volunteers had
left, there were still plenty of medical,
mental health, technical, and concerned
citizens of our community and surround-
ing communities eager to help. The Red
Cross, working closely with local property
owners and agencies, had less than a week
left to either transport the evacuees back
to Louisiana, with relatives and friends, or
find them permanent housing, the last be-
ing the option the majority of the evacuees
had chosen.
Not knowing the city and coming from
a city with high crime neighborhoods, the
evacuees also had some concerns about
the safety and the character of the com-
munities where they would be living. As
an African American migrant to the city, I
knew of the racial issues present as well
as the communities’ historical resistance
to racial, ethnic, and class integration.
According to most of the people that I
spoke with, it seemed that no one broached
the subject of race. One lady told me that
not one of the volunteers wanted to talk
to them about Black folks’ experiences in
Texas and Texas cities, and she didn’t feel
comfortable bringing it up. I’m thinking
that the discomfort could have been due
in part because the volunteers, medical
and mental health professionals included,
didn’t think it was important, weren’t
comfortable talking about it, thought it
was a nonissue because the majority of
volunteers were non-Blacks, or didn’t want
to make the evacuees uncomfortable. My
real gut feeling is that it was the case of
the dinosaur in the living room.
I felt comfortable talking about what
it meant to be a person of color in our city;
however, I didn’t want to paint a negative
picture of a truly generous and loving
community of good people. Therefore,
by relating back to the reality of racism
and continual existence not only in our
country but in their hometown, I was
able to process some of their concerns and
fears regarding confronting racism, and
to a lesser degree, classism as African-
American people relocating to Texas and
to Texas towns. All in all, I spoke with
about 30 evacuees; some were depressed
and desperately longing to go home, and
others were eagerly looking forward to
new beginnings in our city. The evacuees
expressed much gratitude to the people
for welcoming them into our community.
Just sitting here, reflecting on the
conversations about racism and relocation
with the evacuees, I suddenly realize that
the missing component in comprehensive
crisis counseling with these evacuees is
addressing the mental health of commu-
nities. More specifically, we need a way
to gauge the host communities’ solidity
and stability over time as a result of the
relocating of people who are ethnically,
culturally, and racially different from the
existing community members for the sake
of both groups, the evacuees and the old
community members.
Aretha Faye Marbley
MULTICULTURAL EDUCATION
18
Schools, Culture, and Trauma
September 17, 2005
I am feeling so frustrated and having
a hard time sorting through the circum-
stances, especially from a mental health
perspective, surrounding Hurricane
Katrina. We don’t seem to know what
to do, and it is too complicated, convo-
luted, and overwhelming for one person
to sort through. Earlier today, I thought
to myself, as professionals, medical and
mental health providers, and educators,
from many disciplines; together we know
something about almost any situation.
We know about diversity of people medi-
cally, physiologically, psychologically, bio-
logically, sociologically, anthropologically,
historically, linguistically, educationally,
economically, religiously, domestically, and
internationally over societies, generations,
and civilizations.
We have theories, therapies, theorems,
techniques, strategies, treatment plans,
and models for emergency and crisis
situations out the wazoo. From the social
psychologists, we know about helping, why
people help or not help; we even know
when and under what conditions people
stop helping. We know this from local,
state, national, international, and global
perspectives. Thus, it seems unfair to me
for all involved not to understand the ef-
fects of bringing new people into the host
communities and not providing mental
health services that we know would make
the transitions livable for both new and
old community members and institutions
within the communities.
In fact, armed with so much knowledge,
it seems not only unethical and inexcus-
able, but unconscionable, be it unwittingly
or unknowingly, for professional people to
place the evacuees, who have already been
traumatized, in environments without
the proper tools or knowledge in an envi-
ronment to be distressed unnecessarily.
Damn. Rather, it makes more sense to me
that as professionals, in all our great and
vast wisdom and education, we combine
our shared multidisciplinary knowledge
in order to make this marriage between
the evacuees and their communities work.
Tonight, I am so damned frustrated trying
to explain this simple concept to so many
people that I am cursing . . .
October 9, 2005
Today, I was told that evacuees living
in one of the apartment complexes in a
predominantly White community in town
received a letter from their landlord/real
estate agency that stated: “Gathering in
crowds of more than four or five, talking
loud, and loud music are not allowed on the
premises.” To the Black evacuee tenants,
this notice reeked of racism and treating
them like children. As a result of being
chastised, they were insulted, surprised,
angered, and hurt by those few words.
Reflecting on those same words, I too felt
insulted—the words in the letter stung my
ego, pride, and my soul, and for the rest of
the day rendered me speechless.
On Friday, I was about to give a brief
talk to a group about vicarious trauma
or compassion fatigue and the necessity
of mental health clinicians assessing and
monitoring its effect on the volunteers and
communities working with trauma victims.
And there, out of the blue, I found myself
overwhelmed with just that.
In speaking to the group of mental
health professionals about my volunteer
work with Katrina evacuees, I suddenly
found myself choked up with emotions,
unable to stand, literally and unexpectedly
traumatized. It took me a few minutes to
gather my thoughts and allay my intense
emotions. How ironic, in the midst of talk-
ing about compassion fatigue and second-
ary trauma, there I was, barely a month
later, reliving the experiences of seeing all
those thousands of people, Black and poor,
trapped without food or water, caged-in like
animals, in dire distress, and begging and
pleading for help.
Coping with Hurricane Katrina
Throughout the country and espe-
cially in Texas, local communities opened
their arms to hurricane Katrina evacuees.
Like the federal government, emergency
health and mental health entities were
unprepared for the massive numbers of
people needing assistance. Mental health
professionals, though armed with a wealth
of crisis intervention information, weren’t
equipped with skills for either anticipating
or assessing the effects of the relocation
of evacuees into local communities on the
mental health of the humanitarian host
communities.
Many Gulf Coasters lost their lives,
loved ones, homes, jobs, businesses, and
suffered through inhumane conditions for
days without food and water, surrounded
by death, destruction, and violence when
Hurricane Katrina struck in late August
of 2005. Hurricane Katrina’s devastation
changed the lives of millions of people
who live along the Gulf Coast as well as
the multimillions of people throughout
the country and the world who watched it
happen. Yet, the response to the disaster
was as unprecedented as the widespread
devastation of the hurricane.
Likewise, the generosity of people was
unprecedented; individuals, the media,
celebrities, businessmen, states, cities,
towns, the international world, community
organizations, faith-based institutions,
public schools, colleges and universities all
rallied around rescuing the refugees. As a
resident of Texas, I was enormously proud
to see Texas boldly leading the evacuation
effort by taking in over a quarter-million
Katrina evacuees.
Yet, despite good intentions and in
spite of the massive efforts to get people
to safety with food, water, and crisis in-
tervention counseling, communities were
stressed and strained. In Texas, govern-
ment officials and local governments
needed money to provide basic health and
mental-health care for evacuees, but also
accommodations for the new students
placed in Texas’ schools. As a consequence
of the rapid depletion of the state’s re-
sources, responding to the disaster took
its toll on Texas and Texas communities.
Not having a well-thought-out exit
plan for the evacuees forced Texas to
switch from an emergency relief mode
to one of concern about the effect of the
long-term stress of providing indefinite
care for over 230,000 people and the strain
that would cause to the state’s economy
and resources. In voicing their worry that
Texas would be stuck with huge bills as a
result of accommodating the evacuees, two
state senators emphatically stated that the
influx of people was draining the resources
of Texas communities (Pergram, 2005).
Documented studies have addressed
the emotional trauma from disasters like
Hurricane Katrina and what can be done
to help the victims cope (Kulka, Schlenger,
Fairbank, Hough, Jordan, Marmar, et
al.,1990; Langstaff & Christie, 2000;
Shelby & Tredinnick, 1995; Soloman, Op-
penheimer, & Noy, 1986; Weber, Bass, &
Yep, 2005). For Katrina victims and the
people and communities responding to the
disaster, the psychological implications are
yet unknown, but are guaranteed to be
tremendous, now and in the months and
years to come. Therefore, incorporating
mental health services for individuals and
communities that address race, class, and
culture is a critical component of compre-
hensive crisis mental health services to
the evacuees, their families, and the com-
munities that housed them. This article
introduces a crisis mental health service
delivery model for addressing the devas-
WINTER 2007
19
Delivering Crisis Mental Health Services
tating effects of disasters, like Katrina, on
communities, specifically humanitarian
host communities, a model that address
inherent cultural issues.
Emergency Responses
Selflessly and without delay, people
all over Texas dug deep into their pockets,
opened up the doors to their cities and
even their homes, and with rolled-up
sleeves turned out in droves to volunteer
in order to aid the people devastated by
Hurricane Katrina. Texas Governor Rick
Perry (2005) stated that, “Texans’ generos-
ity and compassion is as large as our great
state” as he announced the establishment
of the Texas Disaster Relief Fund to help
provide immediate assistance to evacuees
of the Gulf Coast.
As a result of people’s response, the Red
Cross was inundated with new volunteers
from all walks of life and professions; this
included a large number of health and men-
tal health workers who were ready, willing,
and able to help in all ways possible in the
face of overwhelming events. Many emer-
gency organizations were involved in rescue
efforts from governmental entities (Federal
Emergency Management Agency [FEMA]),
to private agencies. Organizations such as
Feed the Children and the American Red
Cross did a commendable job in organizing
resources and manpower in the face of such
urgency and an overwhelming number of
people in need. Food, medical treatment,
and shelter weren’t all that refugees of
Hurricane Katrina required; rather, many
of the victims also needed mental-health
crisis intervention.
According to one newspaper, “Hur-
ricane evacuees are understandably
stressed: In any disaster, you run into
emotions, the bigger the disaster, and
the stronger the emotions” (Wagner,
2005). Government officials, state and
local, needed money to not only provide
mental health care for evacuees, but also
to accommodate new students in Texas
schools. From a mental health response
to the disaster, professionals from mental
health associations such as the American
Counseling Association, American Psy-
chological Association, and the National
Association of Social Workers disaster
response networks headed to affected
areas along the Gulf Coast to assist the
Red Cross in providing hurricane survi-
vors with counseling and other services,
while the mental health practitioners,
like myself, readily volunteered in local
communities.
What about Community
Mental Health?
A few days after the emergency evacu-
ation plan to rescue people stranded in New
Orleans and other parts of the Gulf Coast,
refugees were evacuated to Texas, primar-
ily Houston. This meant that more than a
quarter of a million refugees landed on the
yard, porch, and doorstep of communities in
Texas; a disproportionably high number of
them were African Americans. Ultimately,
to not consider the enormous impact of the
relocation of tens of thousands of evacuees
on children, families, and communities is
one means of losing ground in providing for
the welfare of the evacuees.
The Red Cross webpage offered di-
saster educational materials, training,
and complete, flexible programs such as
Community First Aid and Safety that help
a community stay prepared for virtually
any life-threatening situation. The Com-
munity First Aid and Safety program is
geared to help community members recog-
nize and respond to emergencies including
shock, cardiac, and breathing emergencies
for adults, children, and infants; heat and
cold emergencies, sudden illnesses and
poisoning, and first aid for everything
from cuts and scrapes to muscle, bone,
and joint injuries.
There were tons of materials regard-
ing helping communities prepare for a
disaster, but nothing about the vicarious
trauma communities may experience as a
result of providing emergency and short-
term care to victims of disasters. Nor
was there any information or support on
providing mental health services directly
to communities, as opposed to individuals
within the community, who are providing
shelter and housing for a large number of
victims. Nevertheless, at the community
level, mental health must be broadly de-
fined, the value of many types of data must
be recognized, and a change in perspective
from individual-based thinking to commu-
nity-based thinking is required.
Theoretical Frameworks:
Approaches That Actively
Engage the Community
There are very few, if any, theoretical
models unique to understanding the nature
and the complexity of trauma effects on the
mental health of communities. Therefore,
I offer a combination of community-based
and neighborhood organizing and compas-
sion fatigue (secondary trauma) stress
frameworks as theoretical lenses and to
organize the discussion of the effects of Ka-
trina on humanitarian host communities,
especially the aftermath effects of being
intimately involved in rescue efforts.
Although primary posttraumatic and
secondary trauma stress data are typically
applied to individuals, the tenets apply
to community mental health counsel-
ing where communities were directly or
circuitously involved in traumatic situa-
tions. According to Zimering, Munroe, &
Gulliver (2003), primary posttraumatic
stress disorder refers to an individual who
experienced, witnessed, or was confronted
with a traumatic event and responded
with intense fear, helplessness, or horror.
Either intentional traumas such as com-
bat, sexual assault, terrorism, and mass
violence or unintentional traumas such as
natural disasters and accidents may cause
a posttraumatic stress condition.
Compassion fatigue, also known as
vicarious traumatization or secondary
trauma, on the other hand, is indirect expo-
sure to trauma through a firsthand account
or narrative of a traumatic event. The vivid
recounting of trauma by the subsequent
cognitive or emotional representation of
that event may result in a set of symp-
toms and reactions that parallel second-
ary traumatization (Figley, 1995; Gentry,
2005; Zimering, Munroe, & Gulliver, 2003).
People experiencing compassion fatigue
often respond with a set of symptoms and
reactions that parallel PTSD (e.g., re-expe-
riencing, avoidance, and hyperarousal).
Therefore, from a community mental
health lens, Gulf Coast communities di-
rectly hit by hurricane Katrina are expe-
riencing primary posttraumatic stress. In
contrast, humanitarian host communities
that responded to the crisis by accepting
Katrina evacuees, regardless of providing
short-term emergency shelter or perma-
nent housing, are vulnerable and at risk for
compassion fatigue or secondary trauma.
This means that, like people, communities
respond with issues related to safety, trust,
esteem, intimacy, and control and therefore
require crisis mental health services.
The other theoretical framework,
community-based organizing, is a process
through which communities are helped to
identify common problems or goals, mobi-
lize resources, and develop and implement
strategies for reaching the goals they col-
lectively have set. Organizing efforts often
fail because they are reactive, because they
lack thoughtful strategies, and because
they employ the wrong tactics. According
to the community-based organizing ap-
proaches, successful organizing campaigns
MULTICULTURAL EDUCATION
20
Schools, Culture, and Trauma
involve thought, planning, and reflection
(Salem, Hooberman, & Ramirez, 2005).
Thus, how to develop organizing strategies
and methods of evaluating campaigns are
skills that can be learned.
Community organizing models, while
varying in focus, build on the idea that
empowerment is internal and that vic-
timized and oppressed people need a new
awareness of themselves as people, in a
community context, who can both individu-
ally and collectively set and achieve goals.
This conscious realization transcends
personal to political, and draws heavily on
the “It takes a village” concept as sources
of sustenance. For example, the Chicago
Coalition for the Homeless has successfully
developed a base community organizing
model to build community—and commu-
nity power to develop programs and inform
policy—among shelter residents (Salem,
Hooberman, & Ramirez, 2005). Coalition
organizers visit shelters, holding “house
meetings” with residents to talk about
their goals, hopes, needs, and concerns.
Therefore, following a traumatic event,
mental health practitioners can use the
community-based organizing tradition as
a template for bringing together a wide
spectrum of stakeholders, conducting as-
sessments, and developing and implement-
ing strategies related to community mental
health. From a community-based organiz-
ing approach, effective organizers ground
their work in theories and use models
based on knowledge of issues, groups, and
practices from past experiences, people,
and events. Ultimately, effective mental
health services to communities demon-
strate outcomes related to specific strate-
gies, exhibit increased levels of community
empowerment, organizing, leveraging of
existing resources, and new systems for
information dissemination.
A Mental Health Service
Delivery Model for Empowering
Host Communities
Disasters may negatively impact a
whole community and ultimately an entire
society, forcing the community to ques-
tion the fundamental view of the world
as a meaningful and safe place. Many
people, though, from the direct effects of
the disaster, may also experience trauma.
Additionally, the aftermaths of disasters
for societies and communities can be long
lasting and disempowering. Preparedness
and response to natural disasters involves
phases of warning, threat, impact, inven-
tory, rescue, remedy, and recovery (Aldwin,
2005; Allen, 2005; Figley, 1995; Gentry,
2005; Langstaff & Christie, 2000; Zimer-
ing, Munroe, & Gulliver, 2003). When these
phases are applied to communities, similar
patterns, symptoms, and reactions occur in
the communities’ emotional recovery from
disaster.
For that reason, recognizing the neces-
sary emotional adjustment can help com-
munities understand the coping process as
normal and be prepared to respond in a way
that is healthy for its community members
and the victims of the disaster. Therefore,
reestablishing equilibrium, channels of
communication, and meaningful patterns of
interaction after a trauma is as necessary
to communities as it is to individuals, and
thus may facilitate empowerment and a
feeling of safety and meaning.
Thus, to address the stress trauma
that host communities may experience
during a major disaster, I introduce the fol-
lowing mental health Crisis Intervention
for Communities (CIC) model. The model
is recommended as a mental health tool
for practitioners to use to empower those
communities and provide them with skills
necessary to return to homeostasis after
responding to disasters. In short, the model
provides guiding principles for assisting
humanitarian host communities with re-
covery efforts. Although the model touches
on all aspects of the trauma phases, it is the
recovery phase of traumatic stress that ap-
plies to humanitarian host communities.
This CIC model is multidisciplined in
that it borrows from various disciplines
such as mental health, education, social
psychology, sociology, and anthropol-
ogy. Thus, inherent tenets, assumptions,
principles, and strategies from multiple
perspectives, including crisis and second-
ary trauma (Figley, 1995; Marotta, 2000;
Pearlman & Saakvitne, 1995; Zimering,
Munroe, & Gulliver, 2003); helping (Win-
ton, 1995); mental health and diversity
counseling (Sue, Ivey, & Pedersen, 1996);
community-based organizing frameworks
(Conway & Hachen, 2005; Galea, Ahern,
& Resnick, et al.; Kulka, et al.,1990; Levy,
Anderson, Issel, Willis, Dancy, Jacobson, et
al., 2004; Podair, 2005); and ethics (Ameri-
can Counseling Association, 2005; Disaster
Relief, 1994; Fluehr-Lobban, 2003) into one
model to create a comprehensive plan for
providing mental health services for host
communities.
This simple four-part model assimi-
lates components for mental health crisis
counseling, effective communication,
multicultural considerations, and ethical
concerns. It begins with the relocations
of victims to safe communities. It focuses
on the relocation of persons from multiple
traumatized communities in a natural
disaster, while closely examining interac-
tions among victims of disasters and the
humanitarian host communities. Taken
together, CIC speaks to how different com-
munities, because of culture differences of
both the victims and the members of the
host community, may be affected different-
ly by the integration into one community.
Mental Health Crisis Counseling
To begin, community disaster preven-
tion organizations can contribute vastly
to minimizing the scope of damage, by
conducting their own evacuations when
disaster strikes. Therefore, Part One of the
model requires mental health assessment
procedures for everyone including those
communities involved in the disasters, us-
ing systemic mental health services—from
the victims to the helpers.
From a crisis and trauma perspec-
tive, we know what to do when a disaster
strikes. According to the National Center
for Posttraumatic Stress Disorder, reac-
tions to disaster can be categorized into the
Impact Phase, Recoil and Rescue, and Re-
covery Phase. Therefore, these categorical
phases provide a template for focusing on
the trauma of communities. For example,
in the impact phase, the majority of com-
munities that were directly assaulted re-
acted appropriately by protecting the lives
of their own community members as well
as the lives within other communities.
Some of those communities, on the
other hand, like people, found them-
selves disorganized and stunned, unable
to protect themselves. Without external
intervention, this may continue into the
postdisaster period. Several community
stressors associated with impact that later
affects the community may occur, such
as fatalities, feeling of helplessness and
vulnerability, and unavoidable terror (Bre-
slau, 1990; McCall & Salama, 1999; Shelby
& Tredinnick, 1995).
The Recoil and Rescue Phase is the
phase where a community recoils from the
impact and the initial rescue efforts begin.
From a mental health perspective, the com-
munity may be confused, and high anxiety
is evident. Similar to individuals, during
this phase, group reactions (e.g., denial,
flashbacks, anger, despair, hopelessness)
may vary and depend on the community’s
history and experience with the different
community stressors elements.
The last phase, Recovery, is the pro-
longed period of adjustment or return to
WINTER 2007
21
Delivering Crisis Mental Health Services
equilibrium that the community must go
through. It begins as the rescue is finished
and communities are faced with the task of
returning to normalcy and rebuilding. For
the humanitarian host communities, this
time is similar to a honeymoon. During this
period, the community may be basking in
their altruistic and unselfish responses to
the disaster victims.
Later, after reality of unexpected finan-
cial and social costs and of other burdens
sets in, humanitarian host communities
may experience more stress. As a conse-
quence, they may need channels to voice
and process their discomfort, concern, and
dissatisfaction with the unexpected costs
of the sacrifices made. Fortunately, much
can be done with relatively simple means
at the community level to reduce mental
health trauma on humanitarian host com-
munities as a result of the impact of natural
disasters. Through this model, a compassion
fatigue framework allows us to expand our
mental health services to the humanitar-
ian individuals, families, and communities
involved and volunteering to help.
Effective Communication:
Community Organizing
In Part Two of the CIC model, facili-
tating effective communication is central
to those communities where evacuees
choose to become permanent residents. It
helps the community frame its vision, set
agendas, and facilitate integrative dialog
and conversations in terms of what will
make the community a better place for
new and existing community members. At
this juncture, the host communities may
determine what best fits with the dynam-
ics, demography, preference, and concerns
of their communities.
According to the Red Cross, commu-
nities often have to respond quickly to
emergencies. As a consequence, the model
incorporates some of the basic tenets of
community-based organizing approaches,
where mental health clinicians can equip
communities with skills to organize their
communities, community leaders, and
resources in a manner that effectively
addresses their concerns. As part of this
process, mental health practitioners may
apply organizing strategies to community
mental health including identifying and
recruiting prospective community lead-
ers and providing them with leadership
training that emphasizes the continuities
between community members and com-
munity leadership, between private and
public issues, and between the underlying
community’s goals. Thereby, host commu-
nity leaders, via encouragement from clini-
cians, are empowered to take the lead, with
input from their community members, and
determine what issues would be the focus
for their residency activities.
Multicultural and Diversity Considerations
The dinosaur in the living room: Race
and class of Hurricane Katrina. Wolf
Blitzer’s (2005), statement on live televi-
sion: “You simply get chills every time
you see these poor individuals. Many of
these people, almost all of them that we
see are so poor and they are so Black, and
this is going to raise lots of questions for
people who are watching this story unfold,”
opened up the floodgates to dialogues on
racisms and brought attention to apparent
racist and racially insensitive remarks
that people, including President Bush’s
wife, Laura, were making about the victims
of Katrina. Fortunately, the one positive
outcome of Blitzer’s comments was that
they brought much needed attention to the
dinosaur in the living room, namely race
and class, that the media seemed content
to ignore.
It was the poorest, the neediest, and
the most helpless stranded, in dire stress,
waiting to be rescued, and holed up in the
New Orleans Superdome, and the major-
ity of those were Black and poor folks.
As a result, questions relating to racism
emerged such as, if these were White
people stranded in an American city in
2005, would it take the government so long
to respond? In spite of the issues relating
to racism, there was no major or serious
coverage from the media of the issues of
race and culture. This was reiterated by
Shafer (2005) who wrote in his column that
television coverage backed away from talk-
ing about race and class. Shafer believed
that those in the media were ignoring the
fact that almost all of the victims in New
Orleans were Black and poor.
Culture and trauma. Part Three of the
model, therefore, considers the diversity
of people, culture, and customs involved
in helping in major disasters, and in this
manner, is framed in culture, diversity, and
multicultural perspectives. It also draws
heavily from the tenets of multicultural
and diversity counseling, primarily be-
cause a diversity framework is responsive
to culture and trauma, including diversity
factors existing in communities such as
race, class, gender, and religion. Ironi-
cally, for the counseling profession, the
very foundation of the American Counsel-
ing Association Code of Ethics (2005) is
multicultural in nature and grounded in
diversity. For professional counselors, this
means that not to consider the cultural
background of a client is unethical and
ultimately harmful.
As in the case of Katrina, perhaps
less out of malice or racism and more out
of being unprepared and political cor-
rectness, like the media, mental health
clinicians, associations, and experts were
remiss in acknowledging that the majority
of evacuees were poverty-stricken, Black,
and coming from areas high in social ills
such as crime, violence, and drugs. Our
professional mental health associations
avoided speaking to the issue of race and
poverty by not posting on their webpage or
making readily available culturally sensi-
tive and responsive mental health crisis
information, strategies, and techniques or
materials that addressed issues of trauma
and culture.
Looking further at the case of Katrina
from a community mental health prospec-
tive, knowing that the majority of Katrina
evacuees being relocated to other commu-
nities are poor Black people and from tra-
ditional New Orleans ethnic communities,
are important variables to consider when
relocating them to communities that are
ethnically, racially and culturally different.
New residents in a community are likely to
have widespread effects on the host com-
munity, thereby changing substantially
and permanently the structure of the of
host communities.
In terms of socioclass the cliché of
“charity begins at home” may be relevant
to most host cities and communities with
large homeless and destitute populations.
That is, one should not give to charity
what was paid for in justice. Accordingly,
it is important to consider the adverse ef-
fects and the ethics involved in bringing,
in essence, strangers into the communi-
ties and providing them with permanent
housing, health care, food and clothing,
and other emergency services, while virtu-
ously ignoring the housing and emergency
needs of the homeless and poor people
who already reside in the host cities and
communities. In essence, it seems rather
naïve not to consider that the relocations
of the evacuees into these communities
just might generate negative repercussions
and harsh feelings from the communities’
homeless people. The ethical question to
address, from a comprehensive mental
health perspective is, “Do homeless people
deserve the same considerations and help
as those who were made homeless by the
Hurricane Katrina.”
MULTICULTURAL EDUCATION
22
Schools, Culture, and Trauma
To facilitate the transition, the CIC
model emphasizes the need to incorporate
mediums for local-level conversations be-
tween residents and victims of the disaster
about their different values, customs, and
culture differences of the people. Clinicians
are ethically obligated to use culturally
sensitive and responsive counseling and
strategies.
Further, especially with culturally
diverse communities, this process may
involve realizing cultural differences and
then integrating multiple systems and
levels of leadership—personal, family, and
community. Thus, the difference in the type
of disaster, cultural backgrounds of the
victims, and cultural backgrounds of the
volunteers can influence the structure of
the humanitarian host community and the
delivery of services to the evacuees. For the
host communities, this includes facilitating
local-level dialogue between residents and
victims of the disaster about their different
values, customs, and culture, especially
creating channels that allow the host com-
munity to share its rich history and its
heritage considering and acknowledging
the culture of the evacuees.
The host communities’ reactions to
the change may vary depending on cus-
toms and values and the diversity (ethnic,
racial, religious, and cultural make-up) of
both the host community’s residents and
the disasters victims. In the case of Ka-
trina, monitoring the effects of relocating
African American New Orleans folk into
predominantly White, or to culturally di-
verse communities and ethnically different
neighborhoods and communities, is neces-
sary and critical for everyone’s emotional
health as well as the successful transition
of evacuees into host communities.
Ethical Concerns
Part Four, the final phase of the CIC
model, refers to ethical concerns and
obligations. There are both national and
international codes of ethics for volunteers
helping in a crisis or disaster situation.
Likewise, mental health professionals have
ethical codes and guidelines to adhere to
when providing mental health services. For
example, knowing what the professional
ethical guidelines are for working with peo-
ple who have been severely traumatized
such as adhering to the International Red
Cross and Red Crescent Movement and
Nongovernmental Organizations NGOs
Code of Conduct (Disaster Relief, 1994). It
is equally important to apply ethical codes
when working with communities (Fluehr-
Lobban, 2003).
The International Red Cross and Red
Crescent Movement and Nongovernmental
Organisations NGOs involved in Disaster
Relief came together to created a Code of
Conduct (Disaster Relief, 1994) in order to
set standards for disaster response that
were later endorsed by eight of the world’s
largest disaster response agencies. The
Code, though unenforceable, is being used
by the International Federation to monitor
its own standards of relief delivery and to
encourage other agencies to set similar
standards.
The code adheres to 10 simple prin-
ciple commitments. First, the Humanitar-
ian imperative comes first, and second, aid
is given regardless of the race, creed or
nationality of the recipients and without
adverse distinction of any kind. The third
commitment is that aid priorities are calcu-
lated on the basis of need alone, and fourth
aid will not be used to further a particular
political or religious standpoint.
The fifth principle states that disaster
response agencies shall endeavor not to
act as instruments of government foreign
policy and therefore, sixth, respecting cul-
ture and custom. The sixth commitment
encourages the agencies to attempt to build
disaster response on local capacities. The
seventh principle requires that they find
ways to involve program beneficiaries in
the management of relief aid.
The eighth principle addresses the
goal that relief aid must strive to reduce
future vulnerabilities to disaster as well
as meeting basic needs, whereas the ninth
principle addresses accountability; they
hold themselves accountable to both those
we seek to assist and those from whom we
accept resources. And the last principle
speaks to empowerment and the inherent
worth of people; the commitment states
that in their information, publicity, and
advertising activities, they recognize di-
saster victims as dignified human beings,
not hopeless objects.
This part of the model also addresses
the ethical duty to be aware of the impor-
tance of culture and diversity. Ethically,
practitioners should create opportunities
for the victims of disasters and the com-
munities to raise each party’s awareness
of the others’ cultural differences and
perspectives, thereby fostering a culturally
sensitive environment to learn how to lis-
ten to each other and create avenues where
host community members can voice their
concern or commit their support. These
created mechanisms help empower com-
munities to frame the issues and decide on
strategies, ultimately leading to organizing
cultural transformation by emphasizing
individual and community accountability,
and by establishing new social norms.
Lastly, in order to facilitate heal-
ing after trauma, there should be some
training and information sharing on both
primary posttraumatic stress and compas-
sion fatigues at the individual and commu-
nity levels. Psychoeducational and efficacy
techniques act like enablers increasing the
boundaries for the host community, and
thus people’s ability to be involved in their
shared communities. And like any other
effective mental health treatment plan,
evaluation, termination, and follow-up
services are necessary.
Implications and Conclusion
Experience is suggesting that the
impact of Katrina goes well beyond the
development and implementation of
mental health improvement for evacuees.
The information provided herein consists
of suggested guidelines for developing
strategies and interventions for host com-
munities coping with the transitions and
assimilations of evacuees. As previously
noted, mental health services should em-
power these communities by helping them
appreciate the value and understand the
benefits of as well as the risks involved in
helping people affected by major disasters.
From the host community perspective,
this awareness should be expanded to be
inclusive of the both permanent and new
residents’ shared values.
It may be too early to articulate
learned lessons from Hurricane Katrina,
but from a community mental health coun-
seling perspective, like Katrina, as clini-
cians, we don’t want to get caught with our
pants down. According to social exchange
theory people help each other when there
is a positive cost-benefit analysis; when
the benefits (tangible or intangible, physi-
cal or psychological) outweigh the costs
(Winton, 1995). So what happens when
the resources are depleted and people stop
helping the victims? For sure, we know
from history, research, and our experiences
that there are going to be residual effects of
the relocation of evacuees on communities
long after the news coverage has ended and
the floodwaters have receded.
Perhaps, the one lesson we as mental
health practitioners could learn from this
comes from W. E. B. Dubois (1996) who
asserted in 1903, over a century ago in his
treatise on the souls of Black folk, “The
problem of the twentieth century is the
problem of the color line—the relation of
WINTER 2007
23
Delivering Crisis Mental Health Services
the darker to the lighter races . . . in Asia
and Africa, in America and the islands of
the sea” (p. 10). Sadly, the lesson learned
from all indications, based on federal gov-
ernment’s response to the Gulf Coast di-
saster and the media, government officials,
and mental health professions’ shyness in
acknowledging or lack of commentary on
the fact that the majority of the evacuees
of Katrina were destitute Black individu-
als—is that the color line, integrated with
race and class, is still a problem over a
century later.
As we saw with Katrina, logistically,
if we wait around for official government
support to arrive at the disaster area, we
lose too much time. Therefore, for commu-
nities under attack, it is imperative that
they have on-the-spot resources to make
the initial response. It is important to
note that crisis and trauma mental health
skills may be applied to communities and
individuals at all levels and every stage of
the disaster.
Thus, by addressing the mental
health services of host communities now,
assimilation problems are minimized; this
makes the transitions smoother and less
harrowing for people who have already
been severely traumatized. Moreover, it is
important for mental health practitioners
to empower communities to understand
the role they play in effectively addressing
trauma with interventions used that are
viewed as culturally sensitive, substantive,
and credible. Especially empowering for
everyone involved in a disaster is having
a voice.
References
Aldwin, C. M. (2005). Stress, coping and devel-
opment: An integrative perspective. Boston:
Butterworth Heinemann, Sage.
Allen, J. G. (2005). Coping with trauma. Hope
through understanding (2nd ed.). Washing-
ton, DC: American Psychiatric Press.
American Counseling Association. (1995). ACA
code of ethics and standards of practice.
Alexandria, VA: Author.
Blitzer, W. (2005, September 1). New Orleans’
hurricane evacuees. CNN’s The Situation
Room.
Breslau, N. (1990). Stressors: Continuous and
discontinuous. Journal of Applied Social
Psychology, 20, 1666-1673.
Conway, B. P., & Hachen, D. S. (2005). Attach-
ments, grievances, resources, and efficacy:
The determinants of tenant association
participation among public housing tenants.
Journal of Urban Affairs, 27, 25-52.
Disaster Relief. (1994). Code of conduct for the
International Red Cross, the Red Crescent
movement and the nongovernmental organi-
zations. Geneva: International Federation of
Red Cross and Red Crescent Societies.
DuBois, W. E. B. (1996). The souls of Black folk.
New York: Penguin Books.
Figley C. R. (1995). Compassion fatigue: Coping
with secondary traumatic stress disorder in
those treating the traumatized. New York:
Brunner/Mazel.
Fluehr-Lobban, C. (2003). Ethics and the pro-
fession of anthropology: Dialogue for ethi-
cally conscious practice (2nd ed.). Altamira
Press.
Galea, S., Ahern, J., Resnick, H., et al. (2002),
Psychological sequelae of the September 11
terrorist attacks in New York City. New Eng-
land Journal of Medicine 346(13), 982-987.
Gentry, J. E. (2005). Compassion fatigue: Our
Achilles heel. In J. Weber, D. D. Bass, & R.
Yep, Terrorism, trauma, and tragedies: A
counselor’s guide to preparing and respond-
ing (2nd ed.). Alexandria, VA: American
Counseling Association.
Ghahramanlou, M., & Brodbeck, C. (2000). Pre-
dictors of secondary trauma in sexual assault
trauma counselors. International Journal for
Emergency Mental Health, 2(4), 229-240.
Gulliver, S. B., Knight J., Munroe, J., et al.
(2002). Secondary trauma in disaster relief
clinicians at ground zero. Presented at the
18th Annual Meeting of the International
Society for Traumatic Stress Studies, Bal-
timore, MD.
Herman J. L. (1992). Trauma and recovery: The
aftermath of violence from domestic abuse to
political terror. New York: Basic Books.
Kulka, R. A., Schlenger, W. E., Fairbank, J. A.,
Hough, R. L., Jordan, B. K., Marmar, C. R., et
al. (1990). Trauma and the Vietnam War gen-
eration: Report of findings from the National
Vietnam Veterans Readjustment Study. New
York: Brunner/Mazel.
Langstaff, J. C., & Christie, J. (2000). Trauma
care: A team approach. Boston: Butterworth
Heinemann.
Levy, S. R., Anderson, E. A., Issel, L. M., Willis,
M. A., Dancy, B. L., Jacobson, K. M., et al.
(2004). Using multi-level, multi-source needs
assessment data for planning community
interventions. Health Promotion Practice,
5, 59-68.
Marotta, S. A. (2000). Best practices for counsel-
ors who treat posttraumatic stress disorder.
Journal of Counseling and Development, 78,
492-495. National Center for Posttraumatic
Stress Disorder.
McCall, M., & Salama, P. (1999). Selection, train-
ing, and support of relief workers: An
occupational health issue. British Medical
Journal, 318(7176), 113-116.
Pearlman, L. A., & Saakvitne, K. W. (1995).
Vicarious traumatization. Nevada City, CA:
Cavalcade Productions.
Pergram, C. (2005, September 9). Texas requests
funding for providing Katrina relief. KUHF,
Houston Public Radio.
Perlman, S. D. (1999). The therapist’s emotional
survival: Dealing with the pain of exploring
trauma. Northvale, NJ: Jason Aronson.
Perry, R. (2005). Gov. Perry establishes Texas
disaster relief fund. Office of the Governor:
Press Office.
Podair, J. (2005). Neighborhood power. Journal
of Urban History, 31, 746-752.
Salem, E., Hooberman, J., & Ramirez, D. (2005).
MAPP in Chicago: A model for public health
systems development and community build-
ing. Journal of Public Health Management
and Practice, 11(5), 393-400.
Shafer, J. (2005). The rebellion of the talking
heads: Newscasters, sick of official lies and
stonewalling finally start snarling. Retrieved
October 11, 2005, from http://slate.msn.
com/id/2125581/
Shelby, J. S., & Tredinnick, M. G. (1995). Cri-
sis intervention with survivors of natural
disasters: Lessons from Hurricane Andrew.
Journal of Counseling and Development,
73, 491-497.
Skovholt, T. M., Grier, T. L., & Hanson, M. R.
(2001). Career counseling for longevity:
elf-care and burnout prevention strategies
for counselor resilience. Journal of Career
Development, 27(3), 167-176.
Soloman Z., Oppenheimer B., & Noy, S. (1986).
Subsequent military adjustment of combat
stress reaction casualties: A nine year fol-
low-up study. In N. Milgram (ed.) Stress and
coping in time of war: Generalizations from
the Israeli experience (pp. 294-315). New
York: Brunner.
Stamm, B. H. (Ed.). (1995). Secondary trau-
matic stress: Self-care issues for clinicians,
researchers, and educators. Lutherville, MD:
Sidran Press.
Sue, D. W., Ivey, M. B., & Pedersen, P. B. (1996).
A theory of multicultural counseling and
therapy. Pacific Grove, CA: Brooks/Cole.
Wagner, D. (2005, September 24). Katrian evacu-
ees blast FEMA’s efforts: Arizona is stand-
ing ready to help Rita’s victims. Arizona
Republic. Retrieved October 5, 2005, from
ttp://www.azcedntral.com/arizonarepublic/
local/articles
Weber, J., Bass, D. D., & Yep, R. (2005). Terror-
ism, trauma, and tragedies: A counselor’s
guide to preparing and responding (2nd
ed.). Alexandria, VA: American Counseling
Association.
Winton, C. A. (1995). Framework for studying
families. Guilford, CT: Dushkin.
Zimering, R., Munroe, J., & Gulliver, S. B. (2003).
Secondary traumatization in mental health
care providers. Psychiatric Times, 20(4).
Retrieved October 5, 2005, from www.psy-
chiatrictimes.com/p030443.html
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86388
Practice & Theory
© 2008 by the American Counseling Association. All rights reserved.
Earn 1 CE credit now for reading this article.
Visit www.counseling.org/resources, click on
Continuing Education Online, then JCD articles.
The frequency of serious client crises confronting human
service professionals has escalated to such proportions that
crises have been referred to as an “occupational hazard” in the
professional literature. Nearly a third of all practicing mental
health counselors can expect to encounter the suicide of a client
at some point in their careers; nearly two thirds should anticipate
a client’s suicide attempt (Schwartz & Rogers, 2004). Violent
behavior in school-age children has more than doubled in the
past 20 years, and the violent acts they commit have become
significantly more dangerous (McAdams, 2002; McAdams &
Lambe, 2003). The occurrence of severe psychiatric disorders
(e.g., schizophrenia, bipolar disorder, panic disorder, obsessive-
compulsive disorder) has doubled since 1985, making them
the largest and fastest-growing diagnostic category for federal
programs providing assistance to individuals with disabilities
(Torrey, 2002). Community and school counselors often provide
the first line of intervention for persons in psychological and
emotional crisis and in need of specialized interventions and
support methods (American School Counselor Association,
2000; Lester, 2002). Despite this, there is a curious absence in
counselor preparation, certification, supervision, and ethical
practice standards of a consistent or comprehensive guideline
for crisis prevention/intervention and postcrisis recovery.
National and state standards for professional counseling
address the need for attention to crisis preparation and ap-
propriate response; however, they do not specify the type
or level of attention necessary to minimize the risk of crises
and maximize the effectiveness of crisis intervention and the
potential for full postcrisis recovery among all those affected.
For example, in its current standards for counselor prepara-
tion, the Council for Accreditation of Counseling and Related
Educational Programs (CACREP) specifies that counselors
possess “knowledge of prevention and crisis intervention
strategies.” (CACREP, 2001, Section B.7.). The standards do
not indicate what type or minimum level of knowledge and
skill proficiency are necessary for effective crisis response.
In granting the National Certified Counselor credential,
the National Board for Certified Counselors (NBCC) does
not require counselors to be trained specifically in crisis re-
sponse; rather, it specifies in its ethical code that counselors
“offer only professional services for which they are trained or
have supervised experience” (NBCC, 1997, p. 2). By defini-
tion, the practice of professional counseling includes crisis
response (U.S. Department of Labor, 2003); thus, an NBCC
expectation of formal counselor preparation in crisis response
is clearly implied in this ethical standard. Licensure standards
for counselors vary from state to state. However, as increasing
numbers of state licensing bodies align their preparatory and
proficiency criteria with the CACREP and NBCC criteria,
respectively, a similarly imprecise licensing standard for crisis
response competency can be anticipated.
The Ethical Guidelines for Counseling Supervisors of the
Association for Counselor Education and Supervision (ACES)
specify that ”procedures for contacting the supervisor, or an
alternative supervisor, to assist in handling crisis situations
should be established and communicated to supervisees”
(ACES, 1993, p. 2). The importance of supervision in client
crisis response is made clear in this guideline; the specific
role of supervision in crisis response is not.
National standards for ethical counseling practice are
similarly nonspecific with regard to the counselor’s role in
responding to client crisis response. Most applicable is Stan-
dard C.2. of the American Counseling Association’s (ACA)
Code of Ethics, which prohibits counselors from performing
their role without adequate preparation (ACA, 2005, p. 9).
Without further elaboration in the Code, a required but un-
Charles R. McAdams III and Harry J. Keener, School of Education, The College of William and Mary. Harry J. Keener is now at United
Methodist Family Services, Richmond, Virginia. Correspondence concerning this article should be addressed to Charles R. McAdams
III, School of Education, The College of William and Mary, PO Box 8795, Williamsburg, VA 23187-8795 (e-mail: crmcad@wm.edu).
Preparation, Action, Recovery:
A Conceptual Framework for Counselor
Preparation and Response in Client Crises
Charles R. McAdams III and Harry J. Keener
Despite increasing requirements for counselor proficiency in crisis response, there is an absence in the standards for
counselor preparation, certification, and supervision of consistent criteria on which best practice in crisis prevention
and intervention, and postcrisis recovery can be gauged. The authors present a conceptual framework that defines
the actions required at the different phases of a client crisis and identifies potential constraints to effective counselor
action that must be acknowledged and overcome at each phase.
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86 389
Conceptual Framework for Client Crisis Response
defined standard of acceptability has once again been set for
counselors in the performance of their named responsibility
in crisis response.
The Risks of Inconsistency
The absence of a consistent and comprehensive conceptual
framework for serious client crises in professional counseling
poses a risk for the profession on several levels. Of foremost
concern is that without a conceptual framework, there can
be no assurance that counselors are adequately prepared
to perform a core aspect of their service to clients. Recent
research findings suggest that, in fact, counselors may not
be prepared. For example, studies of practicing high school
counselors have found that up to two thirds of these profes-
sionals believe that they could not recognize a student at risk
for suicide (King, Price, Telljohann, & Wahl, 2000). Surveys of
practicing mental health counselors have reported similar per-
centages of counselors who believe that they are unprepared
to anticipate or manage violent behavior in clients, despite
the high probability that these professionals will encounter
such behavior (Shields & Kiser, 2003). These concerns about
preparedness for client crisis response have been voiced by
counselors having a wide range of education and experience
(McAdams & Foster, 2000).
A second concern is an unnecessary risk of malpractice
litigation. Listed among the major causes for successful mal-
practice suits brought against mental health service providers in
the United States is “incorrect treatment—e.g., using treatments
the therapist was not qualified to perform by lack of training
or experience” (American Psychological Association, 2003,
p. 436). Counselor performance in crisis response is and will
remain unnecessarily vulnerable to legal scrutiny until specific
standards for counselor education and, subsequently, “qualifica-
tion” in crisis response are more clearly identified.
A third, and often underestimated, risk is potential detri-
ment to the personal and professional development of the
responding counselors. In the aftermath of major crises such
as a client’s suicide or physical violence, counselors have
reported feelings of guilt, sadness, anger, and increased fear
in dealing with at-risk clients; these feelings remained at
intrusive or even debilitating levels for years after the event
(LaFayette & Stern, 2004; McAdams & Foster, 2000, 2002).
The risk of psychological and professional impairment has
been shown to be especially great when crises occur while
the counselor is a student or novice who is less able to bal-
ance a sense of personal failure against limitations inherent in
the counseling process (McAdams & Foster, 2002; Trimble,
Jackson, & Harvey, 2000).
Fortunately, research has shown that precrisis education and
rehearsal can reduce the risks of negative outcome in client crisis
response. Professional “survivors” of client suicide and serious
client violence have reported consistently that preparation for
the crises is a prerequisite for competent intervention, coping
with crisis impact, and moving forward in the professional’s
personal and professional lives (Kanel, 2003; McAdams &
Foster, 2000, 2002). Some survivors who were well-prepared
in advance for a crisis and supported adequately in its after-
math have even reported that the impact of the experience was
ultimately positive, yielding such outcomes as heightened
awareness of their own limitations and general sensitization to
factors that predispose individuals to experience critical inci-
dents (Kleespies, 1993; McAdams & Foster, 2002). Effective
preparation, thus, can be a critical factor in determining crisis
outcome. This finding highlights the need for a consistent and
well-informed conceptual framework for client crisis response
in counseling.
The Preparation, Action, Recovery (PAR)
Framework
In developing such a framework, much can be learned from
the existing research literature regarding the two mental health
emergencies that are dreaded most by mental health profes-
sionals: client violence and client suicide (Allen et al., 2002;
McAdams & Foster, 2000). Client violence has been shown to
occur not as a spontaneous, isolated event, but rather as an un-
folding sequence of interrelated and often recurring events of
which the crisis episode is but a single part (Breakwell, 1997;
Treishman, Whittaker, & Brendtro, 1971; Walker, Colvin, &
Ramsey, 1995). The primary phases in this sequence or cycle
of violence include (a) predisposing or precipitant events, (b)
events defining the crisis itself, and (c) events specific to crisis
aftermath, with each phase requiring appropriately matched
counselor responses aimed, respectively, at crisis prevention,
deescalation, and recovery.
Research in the area of client suicide has suggested a
similar sequential progression toward crisis conditions and
a need for differential assessment and intervention during
each phase of the crisis, specifically onset, occurrence,
and aftermath (Laux, 2002). Unique to the crisis of client
suicide, however, is the irremediable loss of the client and
the especially pressing need in crisis aftermath for a shift
in counseling focus from client to survivor (including coun-
selor) recovery. Client suicide studies have called attention
to the potentially damaging impact of any serious crises
on attending clinicians and to the need for varied forms
of support for clinicians before, during, and after a crisis
episode (McAdams & Foster, 2000). The research find-
ings have prompted the development of structured models
to prepare clinicians for crisis impact and assist them in
personal and professional recovery (Brown, 1987b; Haley,
2004; Kleespies, 1993).
By integrating current knowledge about phase progression
in mental health crises, the utility of phase-specific interven-
tion coordination, and the importance of structured support
for all crisis survivors, a comprehensive conceptual framework
for preparation and response to client crises in counseling
emerges. Specifically, the framework that we present in this
article identifies mandatory counselor responsibilities for
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86390
McAdams & Keener
precrisis preparation, in-crisis action, and postcrisis recovery.
It also identifies common perceptual blind spots that threaten
objectivity, initiative, and ultimate success in fulfilling those
responsibilities unless counselors are made aware of them.
The framework stresses the importance of balanced counselor
attendance to all phases of a client crisis (see Table 1).
Precrisis Preparation
The age-old boxing adage “The only punch that will send you
to the mat is the one you don’t see coming!” has figurative
and, in some cases, literal application to counselor preparation
for responding to client crises. Reductions in crisis frequency,
intensity, and impact have all been reported by counselors who
were able to anticipate and prepare for crisis conditions before
they occurred (Burry, 2002; Kleespies, 2000; McAdams &
Foster, 2002). Unfortunately, valid and reliable methods of
predicting serious client crises have yet to be discovered
(Bland, 2004; Harris & Rice, 1997). Counselors simply can-
not predict with any degree of certainty that a client crisis is
about to unfold (Remley, 2004). Without accurate predictors
of crises, all counselors should take general steps to reduce
the chances of being blindsided by them. The steps include
(a) acquiring accurate information about crisis epidemiology,
etiology, and impact; (b) assessing risk factors associated
with crisis conditions; (c) becoming informed and practiced
in crisis response procedure; and (d) being clear about their
own and their setting’s philosophies regarding why crises oc-
cur and who is responsible for dealing with them.
Acquiring accurate information. Counselors who are aware
of the prevalence of client crises in contemporary clinical prac-
tice are less likely to be shocked and immobilized when they
encounter a crisis themselves (Capuzzi & Gross, 2004). Those
with informed understanding of conditions that predispose
for and maintain various crises are more likely to be attuned
to pending crises and accurate in diffusing developing crisis
dynamics. Awareness of the aforementioned physical, ethical,
legal, and psychological liabilities associated with inadequate
crisis response provides impetus for counselors to indepen-
dently pursue greater competency in crisis handling before
it is needed. In all counseling settings, instruction should be
provided that informs counselors about the real potential for
crises, their defining characteristics, their potential impact on
all survivors, and the need for personal and professional crisis
recovery (Kinzel & Nanson, 2000).
Assessing crisis risk. A variety of actuarial instruments have
been designed to predict the risk of specific types of crisis situa-
tions, some frequently referenced examples being the Violence
Risk Appraisal Guide (Harris & Rice, 1997), the Psychopathy
Checklist-Revised (Hare, 1991), and the Suicide Probability Scale
(Cull & Gill, 1990). Various cyclical and ecological models are
also available to guide the clinical assessment of crisis warning
signs and inform professional discretion in the prediction of crisis
risk and the selection of appropriate intervention methods (Foster
& McAdams, 1999; Walker et al., 1995). Regrettably, existing
methods of assessment have not proven to be reliable predictors
of crisis risk, their assessed prediction rates rarely reaching over
40% (Bland, 2004; Harris & Rice, 1997). They have, however,
provided useful knowledge about client behaviors and contexts
that predispose and support crisis situations and about clinical
intervention methods that have shown to be useful in crisis stabi-
lization. Possession of this knowledge may not enable counselors
to effectively predict and avert all client crises, but it may increase
the chance that they have anticipated the potential for crisis and
taken appropriate precautionary measures when predisposing
conditions are assessed to be high.
Learning/practicing crisis procedures. Stressful conditions
are known to facilitate a person’s performance of dominant
responses (i.e., those that are second nature and performed reg-
ularly) and to impede performance of nondominant responses
(i.e., those familiar to them but not performed regularly; Aiello
& Douthitt, 2001; Zajonc, 1965). Unless crisis responses are
dominant in a counselor’s skill repertoire, they may be subject
to deterioration under the increased stress of an actual crisis
situation. Thus, a regular and balanced program of skills
training and rehearsal is necessary to ensure that counselors
know what to do in a client crisis and that they can effectively
apply what they know under the duress of crisis conditions
(Laux, 2002). Essential skill areas to be developed include
(a) behavioral cues of pending crisis, (b) crisis deescalation
and containment technique, and (c) selection and summoning
of internal and external support (Foster & McAdams, 1999;
Treishman et al., 1971). Answers to questions such as “What
signifies a crisis?” “What is my appropriate response?” “When
is it out of (my) control?” “Whom do I summon for help?”
“How do I summon help?” and “What do I do after help ar-
TAble 1
The Phases and Primary Considerations in Crisis
Preparation Curriculum
Phase
1. Precrisis preparation
2. Precrisis awareness
3. In-crisis protocol
4. In-crisis awareness
5. Postcrisis recovery
6. Postcrisis awareness
Primary Considerations
Acquiring accurate information
Assessing crisis risk
Learning/practicing crisis
procedures
Clarifying personal–professional
perspectives
Limits of counselor ability
Limits of the counseling process
Influence of personal bias
Need for personal support
Ensuring safety
Shifting counseling priorities
Adhering to protocol
Maintaining flexibility
Professional territoriality
Intellectual–emotional fusion
Performance anxiety
Tunnel vision
Triage
Addressing loss
Facilitating reinvestment
Promoting change
Abbreviation of recovery
Inattention to denial
Fear of intrusion
Self-neglect
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86 391
Conceptual Framework for Client Crisis Response
rives?” must come quickly and accurately because a client
crisis unfolds rapidly. That will only be possible if, through
careful training and ample practice, the answers have become
automatic for responding counselors.
Clarifying personal–professional perspectives. Disagree-
ment among counseling service and support providers about
why client crises occur leads to blame and finger-pointing in
crisis situations, the time when cooperation and support are
most needed (Lamb, Weinberger, & DeCuir, 2002). Uncer-
tainty among counselors, supervisors, administrators, and
external support services about how their responsibilities for
crisis intervention should be shared leads to insufficient or
disjointed intervention, thus threatening the quality of client
service and unnecessarily placing the counselor’s and the
client’s safety at risk. For effective crisis response, counseling
service providers in all settings and at all levels within set-
tings (e.g., direct service, supervisory, administrative) must
be able to move beyond blame and accept client crises as an
occupational hazard that can and will occur despite the most
stringent standards for client screening and counselor exper-
tise. Counselors must accept response to client crisis as an
intrinsic component of their professional responsibility. They
must, likewise, be confident of receiving support rather than
criticism from colleagues, supervisors, and the community
when they exercise that role (Spencer & Munch, 2003). That
confidence is best acquired through their initiation of active
precrisis dialogue with all those from whom support may be
necessary if a crisis occurs.
Precrisis Awareness
Positive outcomes of even the most widely accepted crisis
prevention and intervention methods will be constrained by
limitations inherent in the therapeutic methods themselves
and the counselors who implement them. During precrisis
preparation, counselors must determine the limits of their
technical and emotional readiness to deal with various crisis
situations. They must also acknowledge the shortcomings of
the therapeutic process in preventing and resolving all crises
and the resultant need for personal and professional support
at all levels of readiness.
Limits of counselor ability. Counselors who overestimate
their abilities to predict and resolve crises are at risk of
being caught off guard by them and, consequently, of not
having necessary support services in place when they are
needed (Cavanagh & Levitov, 2002). Those who underesti-
mate their abilities risk overusing support services, thereby
desensitizing support providers through excessive requests
for assistance, and, ultimately, denying themselves and their
clients adequate and timely support when it is legitimately
needed (Lamb et al., 2002). As a part of crisis response
preparation, counselors should explore the types of crisis
situations that would exceed their current skill levels. They
should also consider the types of crises that trigger levels of
anxiety that are strong enough to prevent the counselor’s ef-
fective use of existing skills. Guided case study examination,
crisis role-play rehearsal, and dialogue with professional
“survivors” of client crises have all been shown to be useful
in helping counselors distinguish, from among a variety of
crisis prevention and intervention methods, those methods
that they are psychologically as well as technically skilled
enough to apply (McAdams & Foster, 2002).
Limits of the counseling process. Without means for reliable
prediction, counselors must be prepared to acknowledge that
their ultimate goal of crisis prevention, will, as often as not, go
unmet (Cavanagh & Levitov, 2002). Similarly, because no form
of intervention can fully address the unpredictable events of a
serious client crisis, there is never an assurance of successful
outcome. Counselors must be aware that the primary compensa-
tion for their earnest efforts at crisis response preparation may
not be successful crisis prevention and intervention. Instead,
they must be prepared to settle for the personal and professional
satisfaction of knowing that they have made every effort pos-
sible to ensure quality care and best practice for their clients.
Well-informed counselors can also be reassured that their cli-
ents’ crises need not equate with personal or professional failure,
but rather, reflect the complexity of clients’ difficulties and the
limitations of current intervention methods to completely attend
to them (Morrissette, 2001).
Influence of personal bias. Counselors with unresolved is-
sues of physical violence in their own families of origin might
equate all aggression with physical aggression and overreact
in a verbally escalating client crisis with excessive physical
control (Pope & Tabachnick, 1993). Conversely, counselors
whose own upbringing has insulated them from the effects of
racial and cultural oppression might overlook the significance
of a minority client’s escalating frustration and anger from
perceived prejudice in a seemingly minor problem situation
(Corey, Corey, & Callanan, 1998). Without thorough explora-
tion of their own potential sources of bias toward clients in
crisis, counselors run the risk of being blinded by their own
issues to the warning signals of impending client crises and
of missing valuable opportunities for timely response (Foster
& McAdams, 1999). Precrisis instruction in prevention and
intervention methods needs to be accompanied by an emphasis
on counselors becoming aware of areas in which their clinical
objectivity during crisis response might be compromised by
issues that they, not the client, bring to the crisis situation.
Need for personal support. Counselors with strong pro-
fessional and personal support systems in place before and
during their clients’ crises have been reported to experience
less severe reactions to them (Brown, 1987a; McAdams &
Foster, 2002; Menninger, 1991). Specifically, counselors who
receive regular (weekly) clinical supervision; are afforded a
legitimate voice in decision making about client care; and are
able to mitigate clinical stressors through a supportive network
of family, friends, and personal therapy, have been able to deal
more constructively than can counselors without such support
(Bernard & Goodyear, 2004; McAdams & Foster, 2000). All
counselors should be aware of the importance of having sound
support for themselves as they do their work in support of oth-
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86392
McAdams & Keener
ers. Counselors working with clients in crisis must be especially
aware that having tangible resources for personal support may
be critical to their success in addressing and recovering from
a crisis situation.
In-Crisis Protocol
Four primary courses of counselor action are necessary to
efficiently and effectively expedite deescalation and safe
resolution in a serious client crisis. They are ensuring the
safest possible conditions for all individuals involved, tempo-
rarily shifting counseling priorities from long-term goals to
immediate crisis resolution, adhering as much as possible to
the predetermined crisis response protocol, and maintaining
flexibility in response to changing crisis conditions.
Ensuring safety. The first and foremost concern in crisis
response is ensuring the physical safety of everyone imme-
diately involved, including the client in crisis, the counselor
himself or herself, and any bystanders assessed to be at risk of
harm (Dattilio & Freeman, 2000). The specific nature of action
needed depends upon the nature of the crisis. In cases of suicidal
ideation or other threats of client self-injury, counselor action
might involve the development of a safety contract with the cli-
ent; voluntary or involuntary referral of a client for psychiatric
assessment or treatment; and, if psychiatric services are deemed
necessary, arrangement of continuous direct client supervision
of the client until referral can be accomplished (Simon, 1999).
In cases of physically threatening or violent client behavior,
counselor action might involve the removal from the immediate
setting of the escalating client, potential victims, or furniture
and other objects that could be used as weapons. Counselors
may need to inform others outside the immediate setting when
a client in crisis has directed viable threats of physical harm
toward them. In every case, established support systems must be
alerted to real or possible crises at their onset and summoned at
the first indication that the crisis might escalate to a dangerous
level (Hoff, 2001).
Shifting counseling priorities. At the onset of a crisis, there
must be an immediate reprioritization of counseling goals,
with crisis resolution becoming the first priority or foreground
goal, and all other counseling goals assuming a background
position until the crisis situation is resolved (Cavanagh &
Levitov, 2002). Attempting to confront the emotionally
charged issues underlying a client crisis during the crisis itself
is akin to “adding fuel to the fire”; it serves only to heighten
the client’s emotional arousal, possibly prolonging and even
worsening the crisis (Kaplan & Wheeler, 1993; Treishman
et al., 1971). During a client crisis, attempts at therapy must
cease, and all counselor and support system energy must be
focused on providing the client with firm direction to end the
crisis and with clear instructions on how to appropriately do
so. Pursuit of long-term counseling goals can be resumed once
goals for ending the crisis have been achieved.
Adhering to protocol. Adherence to a predetermined,
prerehearsed, crisis-response protocol is essential to safe and
effective counselor response in client crisis situations. This
may be especially important for novice counselors who have
a limited repertoire of alternatives for responding (Foster &
McAdams, 1999) to such situations. Similar to the manner
in which military regimen has, for centuries, provided nec-
essary direction for soldiers who are disoriented by fear and
confusion in battle, a well-defined crisis response protocol
will provide effective direction for counselors experiencing
disequilibrium and uncertainty in the face of a serious client
crisis. By adhering whenever possible to a crisis intervention
protocol that has been carefully planned and practiced in ad-
vance of the emergency, counselors will reduce the need to act
on abrupt, on-the-spot, decisions that may well be impaired
by the urgency and emotional intensity of the crisis situation
(Sterba & Davis, 1999).
Maintaining flexibility. As described previously, client
crises are not singular events but, instead, tend to occur as
sequences of interconnected events, each having unique an-
tecedents, outcomes, and intervention needs. Throughout a
client crisis, counselors must stay alert to constantly changing
conditions and, within acceptable limits as defined in the crisis
intervention protocol, they must be ready to adjust their re-
sponse strategy according to the assessed changes (Cavanagh
& Levitov, 2002). Accurate understanding of crisis etiology
will assist them in determining the type of adjustment needed.
Their level of accuracy in “reading and flexing” to the constant
and sometimes subtle changes in a client’s behaviors and needs
during a crisis can determine whether the crisis continues,
begins to move toward resolution, or escalates even further
(Foster & McAdams, 1999).
In-Crisis Awareness
Knowledge alone about what to do in a client crisis is insuf-
ficient to prepare a counselor for effectively handling an actual
event. Required actions may be overlooked or avoided unless,
along with knowledge of what needs to be done, the counselor
is also aware of and able to overcome potential barriers to
handling the event. The influences of professional territo-
riality, intellectual–emotional fusion, performance anxiety,
and tunnel vision can each prove to be detrimental to safety
and success during client crisis intervention by preventing
a counselor from applying his or her full range of relevant
knowledge, skills, and clinical judgment.
Professional territoriality. Territoriality comes into play
when a counselor resists or refuses to use appropriate and
available external crisis support services because of distrust
in the capabilities of those services or the knowledge that, by
doing so, he or she may have to relinquish or share primary
authority for the client’s subsequent care (Lamb et al., 2002).
Counselors who summon police or hospitalization services
should, in fact, be prepared for the subsequent involvement
and authority of other professionals in their clients’ care. Le-
gal and mental health policies often mandate the subsequent
involvement of professionals such as lawyers, probation offi-
cers, social workers, psychiatrists, and hospital administrators
in postcrisis client services (Monahan, Swartz, & Bonnie,
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86 393
Conceptual Framework for Client Crisis Response
2003). Rather than resisting the use of such services when
necessary for safe and effective crisis intervention, counselors
should become familiar with the type and degree of involve-
ment that can be expected and learn to work collaboratively
with the individuals who provide the needed services. When
collaborative relations with community support services
have been established in advance, the “intrusion” of other
professionals into a client’s care will usually be outweighed
by the benefits afforded by the professionals’ assistance in a
challenging situation.
Intellectual–emotional fusion. Intellectual–emotional
fusion refers to a condition in which the distinction between
emotions and intellectual thought processes become blurred
during periods of high stress, resulting in emotion-laden,
irrational, and ineffective decision making (Bowen, 1978).
Decisions made in a state of fusion tend to be guided more
by the immediate feelings of the decision maker than by
the actual needs of the situation. Professional survivors of
client crises suggest that emotionally driven impairment
in objective decision-making and problem-solving abilities
(i.e., fusion) is to be expected in highly stressful client crises
situations (Hillman, 2002). Fusion-impaired crisis response
decisions are as likely to be based on a counselor’s own fear,
anger, frustration, and exhaustion as on careful clinical and
contextual assessment of the presenting situation (McAdams
& Foster, 2002). For this reason, it is essential in every client
crisis that counselors receive supervision and support from
other individuals who are less intimately involved and, thus,
less subject to the anticipated but detrimental effects of
intellectual–emotional fusion.
Performance anxiety. Performance anxiety stems from
counselors’ perceptions that others will view their need for
assistance in a crisis as a personal weakness or performance
deficit (Corey et al., 1998). Performance anxiety impairs
crisis intervention effectiveness if counselors fail to summon
appropriate consultation or assistance because they believe
that, in their professional role, they should be able to handle
the crisis themselves. Performance anxiety also comes into
play when counselors who view the client crisis as their own
failure attempt to rectify the failure (and their self-esteem)
by resolving the crisis single-handedly. Both novice and ex-
perienced counselors are vulnerable to performance anxiety,
with experienced counselors feeling pressured to “live up” to
their position and credentials, and novices feeling pressured to
demonstrate their worthiness for credentialing and indepen-
dent practice (Kleespies, Penk, & Forsyth, 1993; McAdams
& Foster, 2000). Frank discussion between counselors and
supervisors about performance expectations and concerns
has been shown repeatedly to be the most effective means
of addressing performance anxiety in a variety of settings
(Powell, 2004).
Tunnel vision. To be effective in crisis intervention, coun-
selors must be able to attend to the apparent, immediate needs
of the client in crisis while simultaneously monitoring and
being prepared to respond to the dynamic contextual variables
at play that might move the crisis toward either resolution or
escalation (Cavanagh & Levitov, 2002). Working against them,
however, is the propensity to apply tunnel vision to the task
when panoramic vision is needed. Research suggests that when
under stress, an individual’s scope of alternative strategies for
problem solving tends to narrow, and the individual is more
prone to fall back on those strategies that are familiar and read-
ily available (Horsman, 2000). Under the duress of a serious
client crisis situation, counselors are more likely to overlook or
misread subtly changing conditions in the crisis situation and
to mismatch their response strategies with contextual demands.
It is essential that all counselors be aware of the constraining
influence of stress on their work and that they plan in advance
for consultation and support to be available in the event of client
crises wherein they can expect to be under considerable stress
and their clinical abilities compromised.
Postcrisis Recovery
Successful “recovery” from the experience of a serious mental
health crisis is said to occur when crisis survivors become able
to manage the debilitating effects of the crisis sufficiently to re-
sume precrisis levels of functioning. Recovery is further marked
by applying what has been learned from the experience toward
personal growth and preventing crises in the future (Hendricks,
McKean, & Hendricks, 2003; Kanel, 2003). The extent to which
clients are able to recover from a crisis during counseling has
been shown to influence their potential for continued clinical
progress and the likelihood that they will or will not become
involved in a similar crisis in the future (McAdams & Foster,
1999; Sterba & Davis, 1999). Recovery appears to occur in a
four-phase process beginning with immediate physical, psycho-
logical, and emotional damage-control or triage, followed by
movement through progressive steps toward coping with losses
incurred; reinvesting in the counseling process; and, finally,
promoting change by integrating what has been learned from
the experience into future thought and action.
Triage. The triage phase of postcrisis recovery begins im-
mediately after crisis conditions have ended and is marked by
the client’s willingness to reflect on the event and the counselor’s
return to counseling processes that were suspended during the
crisis itself. Triage involves the guidance and support of crisis
survivors in defining and accepting a formal endpoint to the crisis,
committing to movement beyond the crisis, and determining what
action will be necessary to proceed, a process that Treishman
et al. (1971) referred to as “packaging” a crisis. For effective
packaging to be achieved, counselors must be prepared to assist
clients in examining and identifying the defining elements of the
crisis (e.g., antecedents, actions, outcomes) so that the hurtful
and irresponsible behavior they exhibited during that singular
event can be isolated from other positive aspects of their life and
their sense of worth as a person. Toward prevention of a return to
previous crisis conditions, counselors must also assist clients in
examining the “triggers” of their crisis behavior and identifying
appropriate alternatives to such behavior for responding to those
or similar triggers in future situations. Exhaustion, anxiety, and
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86394
McAdams & Keener
self-doubt (over failing to predict and avoid the crisis) are feel-
ings that are common to all survivors following a serious mental
health crisis (Jordan & McMenamy, 2004; Pehrsson & Boylan,
2004). For effective triage, counselors must be prepared to set
aside and/or seek support for such feelings of their own in order
to be fully present to assist their clients in packaging the crisis
during its immediate aftermath, the time when awareness of and
sensitivity to specific events are greatest.
Addressing loss. Real and perceived losses are intrinsic to
all client crises (Hoff, 2001). Aside from the more obvious
risks of physical injury or death, clients risk losses of self-
respect, self-efficacy, trust and respect from others, various
degrees of personal freedom, and the evaporation of hopes and
dreams (Mitchell, 1999). Counselors, likewise, risk physical
injury, damage to professional confidence and credibility, loss
of postcrisis clinical authority for a client’s treatment, and loss
of clients altogether in cases of suicide and institutionalization.
Acknowledging the real and perceived losses after a crisis is
necessary for the effective management of grief that invariably
accompanies loss and that, left unmanaged, can be debilitat-
ing for crisis survivors (Worden, 2002). Following effective
triage, the focus of counseling can (and should) be expanded
to include assessment of the longer term impact of the crisis,
particularly as it relates to the survivor’s likelihood of achiev-
ing precrisis counseling goals. Specifically, counselors should
be prepared to amend precrisis counseling agendas to assist
clients in distinguishing real from perceived losses, recouping
real losses where possible, and coping with real losses that
cannot be recovered.
Facilitating reinvestment. The optimal outcome of postcrisis
triage and grief work is survivor readiness for reinvestment in
the counseling relationship and process. Reinvestment is indi-
cated when the surviving counselor and client are able to criti-
cally examine the crisis together, with the goal of strengthening
the future counseling relationship and expectations (Kanel,
2003). At this phase of the postcrisis recovery process, counsel-
ing interventions include assisting clients with (a) identifying
what was learned from the event, (b) examining changes in the
helping relationship and process indicated by the new learning,
and (c) planning for the appropriate incorporation of changes
indicated. These interventions are aimed at shifting the recovery
process from a remedial focus toward a developmental one in
which there is a potential for client benefit beyond a mere re-
turn to precrisis conditions. At the reinvestment phase of crisis
recovery, active counselor support and guidance are pivotal
factors in determining whether or not client survivors, who have
overcome their fears and mustered the strength to reinvest in
their counseling relationship, will be able to do so effectively
(McAdams & Foster, 2002; Spencer & Munch, 2003).
Promoting change. Serious mental health crises have result-
ed in positive, long-term changes for survivors who were able
apply what they learned from the experience toward personal
growth and future crisis prevention. For clients in counseling,
the developmental benefits of successful crisis recovery have
included a heightened awareness of their problems, a renewed
belief in their ability to face and overcome their problems,
and a revitalization of their trust in the counselor and com-
mitment to the counseling process (McAdams & Foster, 2002;
Tedeschi, Park, & Calhoun, 1998). During the final phase of
crisis recovery, the counselor’s task is to assist and support the
client in operationalizing goals for positive change that were
established during reinvestment. Success at the task depends
on the client’s incorporation of durable changes in attitude and
behavior that are antagonistic to a return of crisis conditions
in the future and realistic for long-term implementation and
maintenance (Joseph, Alex-Linley, & Harris, 2005). From
the counselor, active engagement with the client is needed to
explore, evaluate, rehearse, and revise personal and interper-
sonal lifestyle modifications that will lead to second order
change and reduced propensity for future crises.
Postcrisis Awareness
The benefits of assistance in postcrisis recovery are subject to
compromise unless counselors recognize and work to avoid
pitfalls common to each step in the recovery process. They
include the counselor’s (a) temptation to abbreviate the recov-
ery process, (b) inattention to client denial of crisis impact, (c)
fear of intrusion into the client’s personal recovery process,
and (d) self-neglect.
Abbreviation of recovery. In an effort to move beyond
a client crisis and restore forward motion in counseling as
quickly as possible, counselors may be tempted to return to
precrisis activity as soon as crisis behaviors have subsided and
the client has expressed a desire to move on; that is, they may
attempt to abbreviate the postcrisis recovery process to include
triage alone. The temptation to equate full recovery from a
crisis with relief of its symptoms can be particularly great if
counselors fail to appreciate the sequential trajectory of the
recovery process. Crisis-linked responses that were packaged
away during triage can return if more functional alternative
responses are not subsequently developed during grief work
and reinvestment (Wiger & Harowski, 2003). Reinvestment
may likewise fade and fail to progress to integration if the
guidance and support necessary to transform new perspectives
into new actions is withheld or prematurely withdrawn. Effec-
tive assistance in survivor recovery from a client crisis requires
understanding of the full range of postcrisis recovery phases
and commitment to support of the survivor through all phases.
Counselors and, subsequently, their clients must be aware that
recovery from a client crisis is an ongoing process rather than
a finite event and that successful recovery is indicated when
the harmful effects of a crisis are managed, not eliminated,
for survivors (Cavanagh & Levitov, 2002).
Inattention to denial. A second common pitfall in post-
crisis recovery occurs when counselors fail to sufficiently
anticipate and address survivor denial, underestimation, or
minimization of the impact of the crisis experience. Without
assistance from their counselor, some clients may simply
not be able to recognize the presence or significance of the
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86 395
Conceptual Framework for Client Crisis Response
damage done by a crisis to their self-esteem, personal and
professional relationships, and future goals. Other clients
who realize the significance of their losses may deny or
attempt to minimize them in an effort to avoid the grief as-
sociated with facing personal failure and lost aspirations; still
others may fear stigmatization and retribution as a result of
acknowledging their losses “publicly” (Tedeschi et al., 1998).
For these reasons, counselors should anticipate their clients’
underrepresentation of the impact that a serious crisis has had
upon them. In all cases of postcrisis assistance, they must be
proactive in facilitating careful exploration and resolution of
potential losses, even when clients suggest that such activity
is unnecessary. Losses concealed or suppressed by survivors
at the time of a serious crisis have the potential to be intrusive
and even debilitating for years after the event (Kleespies &
Dettmer, 2000; McAdams & Foster, 2002).
Fear of intrusion. A third pitfall in crisis recovery occurs
when counselors hesitate to be proactive and assertive in facili-
tating recovery for fear of intruding on their clients’ personal
recovery efforts. This response is particularly likely when a
sad or self-deprecating survivor has expressed an adamant
desire to be left alone (Goldstein & Noonan, 1999). Fears of
intrusion frequently stem from a counselor’s faulty supposi-
tion that once crisis survivors are reinvested in the recovery
process, they will reach out for assistance as they need it. As
shown in the preceding section, survivors may not recognize
that they need assistance, and even when they do, they may
not, for viable reasons, know what kind of assistance they
need or be willing to seek out that assistance voluntarily. The
importance (if not the necessity) of counseling and super-
visory assistance in crisis recovery has been demonstrated
repeatedly (Richard & Gilliland, 2001; Spencer & Munch,
2003). With this in mind, counselors must overcome fears of
intrusion, presume a survivor’s need for their assistance, and
be prepared to extend it respectfully, but assertively.
Self-neglect. A final pitfall in crisis recovery assistance
occurs when counselors fail to acknowledge that they too are
“survivors” of the crisis experience, with needs for assistance
and support in the recovery process that can parallel those of
their surviving client(s). Guilt, self-doubt, and anxiety about
fitness for future practice are feelings that are common to coun-
selors who have failed to predict and avoid the serious crisis of a
client in their care (Foster & McAdams, 1999; Hillman, 2002).
Such feelings have been shown to persist and to sometimes
intensify to debilitating levels unless they are packaged at the
time of the event. Personal losses and corresponding grief have
likewise resulted in intrusive thoughts and avoidant behaviors
for years after a crisis if they are not acknowledged and function-
ally integrated into the counselor’s personal and professional
self-image and view of the work (McAdams & Foster, 2002;
Richards, 2000). Full reinvestment and unencumbered reentry
into professional practice have proven difficult until counselors
can distinguish failures in a crisis situation from other successful
aspects of their relationship with clients and their overall sense
of competence as professionals. There is a common tendency
for counselors to avoid or underutilize the two sources of as-
sistance reported to be most beneficial in their recovery from
a client crisis—direct supervision and personal counseling
(Kanel, 2003; McAdams & Foster, 2000, 2002), viewing the
need for them an indication of their own inadequacy. In fact, the
immediate threats to personal and professional stature posed by
seeking help in the wake of a crisis appear to be far outweighed
by the risks of long-term counselor impairment resulting from
insufficient crisis recovery.
Applications and Conclusion
There is no “standard” form of client crisis; thus, there can-
not be a fully standardized form of counselor response. The
PAR framework is not meant to be a substitute for a carefully
planned, collaborative, and well-rehearsed crisis response
protocol that is unique to the needs of an individual counseling
setting. Rather, it is meant to serve as a guide for ensuring that
counselors and crisis response procedures in any counseling
setting are comprehensive and well-informed with regard to
the nature, needs, and potential effects of crisis situations.
PAR has clear utility in counselor preparation. It can be
adapted for application in a complete, preservice or in-service
training venue or integrated into an ongoing counselor education
curriculum. The specific considerations of counselor action and
awareness across each of the preevent, in-event, and postevent
crisis phases provide logical points for the division of crisis
response instruction into manageable units. With counselor
education curricula already taxed to meet increasingly rigorous
core standards for counselor licensure and certification, versatility
in PAR application is anticipated and acceptable provided that
applications address all six phases of the framework and provide
opportunities for practice of skills where indicated.
The PAR framework can be infused throughout individual and
group supervision. It can benefit counseling supervisors by clarify-
ing their role in and vital importance to supervisee success in each
of the preparation, intervention, and recovery phases of client crisis
response. In all mental health disciplines, clinical supervision has
been shown to be central to the translation of theoretical knowledge
into effective clinical practice (Bernard & Goodyear, 2004). Active
involvement of the clinical supervisor is essential to completion of
all considerations in the PAR framework. In crisis preparation, the
accuracy of a counselor’s awareness of personal and professional
preparedness for client crisis response may depend upon observa-
tion and objective feedback from a clinical supervisor who has
experienced the events of PAR as well as studied them. During a
crisis, supervisor availability and support will be critical to effective
and ethical counselor decision making as unforeseen aspects of
the crisis unfold. In the aftermath of a crisis, a supervisor’s com-
mitment to active, long-term support will play a central role in
the effectiveness of a counselor’s recovery. Supervision is clearly
a critical, if not definitive, element of effective counselor response
to client crises. Working knowledge of the PAR framework can
ensure that the supervision provided is consistent with counselor
need throughout a crisis sequence.
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86396
McAdams & Keener
Finally, the PAR framework can be of practical benefit to
counselors in practice and the clients they serve. No training
program in crisis response can effectively prepare counselors
for the multitude of different crises that may await them in
practice. Similarly, no national or state standards for counselor
certification can (or should be expected to) adequately define
specific counselor responses to client crises in every context.
The PAR framework bridges the gap between regulatory re-
quirements for counselor proficiency in crisis response and
planful definitions of the kind of preparation they need to fully
satisfy those requirements. It reduces counselors’ risk of being
surprised, ineffective, or harmed in a client crisis by informing
them comprehensively of the considerations necessary for
effective response in all crisis situations, considerations that
they can then apply to the development of context-specific
crisis response perspectives and protocols. Above all, PAR
emphasizes the critical importance of professional collabora-
tion and personal support to the success of counselors who
face the serious crises of a client in their care.
References
Aiello, J. R., & Douthitt, E. A. (2001). Social facilitation from Triplett
to electronic performance monitoring. Group Dynamics: Theory,
Research, and Practice, 5, 163–180.
Allen, M. A., Burt, K., Bryan, E., Carter, D., Orsi, R. & Durkin, I.
(2002). School counselors’ preparation for and participation in
crisis intervention. Professional School Counseling, 6, 1–10.
American Counseling Association. (2005). ACA code of ethics.
Retrieved September, 15, 2005, from http://www.counseling.org/
Resources/CodeOfEthics/TP/Home/CT2.aspx
American Psychological Association. (2003). Report of the ethics
committee, 2003. American Psychologist, 59, 434–441.
American School Counselor Association. (2000). Position state-
ment: Critical incident response in schools. Retrieved April
12, 2005, from http://www.schoolcounselor.org/content.
asp?contentid=202
Association for Counselor Education and Supervision. (1993). ACES
ethical guidelines for counseling supervisors. Retrieved April 1,
2005, from http://www.acesonline.net/ethical_guidelines.asp
Bernard, J. M., & Goodyear, R. K. (2004). Fundamentals of clinical
supervision. Needham Heights, MA: Allyn & Bacon.
Bland, M. (2004). Suicide, psychiatric malpractice, and the Bell curve.
Journal of the American Academy of Psychiatry & the Law, 32,
319–323.
Bowen, M. (1978). Family therapy in clinical practice. New York:
Aronson.
Breakwell, G. M. (1997). Coping with aggressive behavior. Leicester,
United Kingdom: British Psychological Society.
Brown, H. N. (1987a). The impact of suicide on psychiatrists in
training. Comprehensive Psychiatry, 28, 101–112.
Brown, H. N. (1987b). Patient suicide during residency training
(1): Incidence, implications, and program response. Journal of
Psychiatric Education, 11, 201–206.
Burry, C. L. (2002). Working with potentially violent clients in their
homes: What child welfare professionals need to know. Clinical
Supervisor, 21, 145–153.
Capuzzi, D., & Gross, D. R. (2004). Counseling suicidal adolescents.
In D. Capuzzi (Ed.), Suicide across the life span: Implications for
counselors (pp. 235–270). Alexandria, VA: American Counseling
Association.
Cavanagh, M. E., & Levitov, J. (2002). The counseling experience:
A theoretical and practical approach. Prospect Heights, IL:
Waveland Press.
Corey, G., Corey, M. S., & Callanan, P. (1998). Issues and ethics in
the helping professions. Pacific Grove, CA: Brooks/Cole.
Council for Accreditation of Counseling and Related Educa-
tional Programs. (2001). The 2001 standards. Retrieved
April 12, 2005, from http://www.counseling.org/cacrep/
2001standards700.htm
Cull, J. G., & Gill, W. S. (1990). Suicide Probability Scale manual.
Los Angeles: Western Psychological Services.
Dattilio, F. M., & Freeman, A. (2000). Cognitive behavioral strategies
in crisis intervention (2nd ed.). New York: Guilford Press.
Foster, V. A., & McAdams, C. R. (1999). The impact of client suicide
in counselor training: Implications for counselor education and
supervision. Counselor Education and Supervision, 39, 22–33.
Goldstein, E. G., & Noonan, M. (1999). Short-term treatment in social
work practice: An integrative perspective. New York: Free Press.
Haley, M. (2004). Risk and protective factors. In D. Capuzi (Ed.),
Suicide across the life span: Implications for counselors (pp.
95–138). Alexandria, VA: American Counseling Association.
Hare, R. D. (1991). Manual for the Hare Psychopathy Checklist-
Revised. Toronto, Ontario, Canada: Multi-Health Systems.
Harris, G. T., & Rice, M. E. (1997). Risk appraisal and man-
agement of violent behavior. Psychiatric Services, 48,
1168–1176.
Hendricks, J. E., McKean, J., & Hendricks, C. G. (2003). Crisis inter-
vention: Contemporary issues for on-site interveners. Springfield,
IL: Charles C Thomas.
Hillman, J. L. (2002). Crisis intervention and trauma: New ap-
proaches to evidence-based practice. New York: Kluwer Aca-
demic/Plenum.
Hoff, L. A. (2001). People in crisis: Clinical and public health
perspectives (5th ed.). San Francisco: Jossey-Bass.
Horsman, J. (2000). Too scared to learn: Women, violence, and
education. Mahwah, NJ: Erlbaum.
Jordan, J. R., & McMenamy, J. (2004). Interventions for suicide
survivors: A review of the literature. Suicide & Life Threatening
Behavior, 34, 337–349.
Joseph, S., Alex-Linley, P., & Harris, G. J. (2005). Understanding
positive change following trauma and adversity: Structural clari-
fication. Journal of Loss and Trauma, 10, 83–96.
Kanel, K. (2003). A guide to crisis intervention (2nd ed.). Pacific
Grove, CA: Brooks/Cole.
Kaplan, S. G., & Wheeler, E. G. (1993). Survival skills for working
with potentially violent clients. The Journal of Contemporary
Social Work, 64, 339–346.
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86 397
Conceptual Framework for Client Crisis Response
King, K. A., Price, J. H., Telljohann, S. K., & Wahl, J. (2000). How
confident do high school counselors feel in recognizing students
at risk for suicide? American Journal of Health Behavior, 23,
457–467.
Kinzel, A., & Nanson, J. (2000). Education and de-briefing: Strate-
gies for preventing crises in crisis-line volunteers. Crisis: The
Journal of Crisis Intervention and Suicide Prevention, 21,
126–134.
Kleespies, P. M. (1993). The stress of patient suicidal behavior:
Implications for interns and training programs in psychol-
ogy. Professional Psychology: Research and Practice, 24,
477–482.
Kleespies, P. M. (2000). Behavioral emergencies and crises: An
overview. Journal of Clinical Psychology, 56, 1103–1108.
Kleespies, P. M., & Dettmer, E. L. (2000). The stress of patient
emergencies for the clinician: Incidence, impact and means of
coping. Journal of Clinical Psychology, 56, 1353–1369.
Kleespies, P. M., Penk, W. E., & Forsyth, J. P. (1993). The stress
of patient suicidal behavior during clinical training: Incidence,
impact, and recovery. Professional Psychology: Research and
Practice, 24, 293–303.
LaFayette, J. M., & Stern, T. A. (2004). The impact of a patient’s
suicide on psychiatric trainees: A case study and review of the
literature. Harvard Review of Psychiatry, 12, 49–55.
Lamb, H. R., Weinberger, L. E., & DeCuir, W. J. (2002). The police
and mental health. Psychiatric Services, 53, 1266–1271.
Laux, J. M. (2002). A primer on suicidology: Implications for coun-
selors. Journal of Counseling & Development, 80, 380–383.
Lester, D. E. (2002). Crisis intervention and counseling by telephone
(2nd ed.). Springfield, IL: Charles C Thomas.
McAdams, C. R. (2002). Trends in the occurrence of reactive and
proactive aggression among children and adolescents: Implica-
tions for preparation and practice in child and youth care. Child
& Youth Care Forum, 31, 89–109.
McAdams, C. R., & Foster, V. A. (1999). A conceptual framework
for understanding violence in residential treatment. Child and
Youth Care Forum, 28, 307–328.
McAdams, C. R., & Foster, V. A. (2000). Client suicide: Its frequency
and impact on counselors. Journal of Mental Health Counseling,
22, 107–121.
McAdams, C. R., & Foster, V. A. (2002). An assessment of resources
for counselor coping and recovery in the aftermath of client
suicide. Journal of Humanistic Counseling, Education, and
Development, 41, 232–241.
McAdams, C. R., & Lambe, G. (2003). The changing face of youth
aggression in schools: Its impact and implications for school
counselors. Preventing School Failure, 47, 122–130.
Menninger, W. W. (1991). Patient suicide and its impact on the psy-
chotherapist. Bulletin of the Menninger Clinic, 55, 216–227.
Mitchell, J . W. (1999). The dynamics of crisis intervention: Loss as
the common denominator. Springfield, IL: Charles C Thomas.
Monahan, J., Swartz, M., & Bonnie, R. J. (2003). Mandated treat-
ment in the community for people with mental disorders. Health
Affairs, 22, 28–38.
Morrissette, P. J. (2001). Self-supervision: A primer for counselors
and helping professionals. New York: Brunner-Routledge.
National Board for Certified Counselors. (1997). National Board for
Certified Counselors code of ethics. Retrieved April 4, 2005, from
http://www.counselingexam.com/nce/resource/code.html
Neimeyer, R. A., Fortner, B., & Melby, D. (2001). Personal andPersonal and
professional factors and suicide intervention skills. Suicide and
Life-Threatening Behavior, 31, 71–82.
Pehrsson, D. E., & Boylan, M. (2004). Counseling suicide survivors.
In D. Capuzzi (Ed.), Suicide across the life span: Implications for
counselors (pp. 305–324). Alexandria, VA: American Counseling
Association.
Pope, K. S., & Tabachnick, B. G. (1993). Therapists’ anger, hate,
fear, and sexual feelings: National survey of therapist responses,
client characteristics, critical events, formal complaints, and
training. Professional Psychology: Research and Practice, 24,
142–152.
Powell, D. H. (2004). Treating individuals with debilitating perfor-
mance anxiety: An introduction. Journal of Clinical Psychology,
60, 801–808.
Remley, T. P. (2004). Suicide and the law. In D. Capuzzi (Ed.), Suicide
across the life span: Implications for counselors (pp. 185–208).
Alexandria, VA: American Counseling Association.
Richard, J. K., & Gilliland, B. E. (2001). Crisis intervention strategies
(4th ed.). Belmont, CA: Brooks/Cole.
Richards, B. M. (2000). Impact upon therapy and the therapist
when working with suicidal patients: Some transference and
countertransference aspects. British Journal of Guidance and
Counselling, 28, 325–337.
Schwartz, R., & Rogers, J. (2004). Suicide assessment and evaluation
strategies: A primer for counseling psychologists. Counseling
Psychology Quarterly, 17, 89–97.
Shields, G., & Kiser, J. (2003). Violence and aggression toward human ser-
vice workers: An exploratory study. Families in Society, 84, 22–29.
Simon, R. I. (1999). The suicide prevention contract: Clinical, legal,
and risk management issues. Journal of the American Academy
of Psychiatry and the Law, 27, 445–450.
Spencer, P. C., & Munch, S. (2003). Client violence toward social
workers: The role of management in community mental health
programs. Social Work, 48, 1–11.
Sterba, M., & Davis, J. (1999). Dangerous kids. Boys Town, NE:
Boys Town Press.
Tedeschi, R. G., Park, C. L., & Calhoun, G. C. (1998). Posttraumatic growth:
Positive changes in the aftermath of crisis. Mahwah, NJ: Erlbaum.
Torrey, E. F. (2002). Severe psychiatric disorders may be increasing.
Psychiatric Times, 19, 50–54.
Treishman, A. E., Whittaker, J. K., & Brendtro, L. K. (1971). The
other 23 hours. Hawthorne, NY: Aldine de Gruyter.Hawthorne, NY: Aldine de Gruyter.
Trimble, L., Jackson, K., & Harvey, D. (2000). Client suicidal be-Client suicidal be-
havior: Impact, interventions, and implications for psychologists.
Australian Psychologist, 35, 227–232.
U.S. Department of Labor. (2003). Dictionary of occupational
titles (4th ed., rev.). Retrieved April 6, 2005, from http://www.
occupationalinfo.org/
Journal of Counseling & Development ■ Fall 2008 ■ Volume 86398
McAdams & Keener
Test to Earn CE Credit
Note: Correctly completing 3 of 3 test questions earns 1 continuing education contact hour.
Preparation, Action, Recovery: A Conceptual Framework for Counselor Preparation and Response in Client Crises
(JCD, Volume 86, Number 4, Fall 2008)
Instructions
Online: Complete the test online at www.counseling.org/Resources/OnlineLearning.aspx. You will be able to pay online and download your
CE certificate immediately.
Mail: Complete the test and form above and mail (with check or money order made payable to American Counseling Association) to: ACA Accounting
Department/JCD, American Counseling Association, 5999 Stevenson Ave., Alexandria, VA 22304. Allow 2–4 weeks for processing.
For further assistance, please contact Debbie Beales at dbeales@counseling.org, or by phone at 800-347-6647, x306
Examination Questions
1. What percentage of mental health counselors can expect to ex-
perience the suicide of a client at some point in their career?
a. 10%
b. 25%
c. 33%
d. 50%
2. According to the authors, the absence of a consistent and
comprehensive conceptual framework for dealing with
serious client crises in professional counseling could result
in which of the following risks:
a. The counselor not being adequately prepared to
perform a core aspect of service to clients.
b. Unnecessary malpractice litigation.
c. Potential detriment to the personal and professional
development of the responding counselor.
d. All of the above.
3. Which of the following should not be advanced as a character-
istic of Preparation, Action, and Recovery (PAR) framework?
a. It can be infused throughout individual and
group counseling supervision.
b. It can be adapted for application in a counselor
preservice and in-service training venue or
integrated into the counselor education curriculum.
c. It can be substituted for a crisis response protocol that
is unique to the needs of the individual counseling
session.
d. It bridges the gap between regulatory requirements
for counselor proficiency in crisis response and
planful definitions of the kind of preparation they
need to fully satisfy those requirements.
Mailing Information for Certificate
PLEASE PRINT CLEARLY:
Name:
ACA Member Number:
Street address:
City:
State/Province: Zip code:
Country: Phone:
Payment Method
Total amount enclosed or to be charged: $
$18.00 member $25.00 nonmember
Check or money order, made payable to ACA and in U.S.
funds, enclosed
VISA MasterCard
American Express Discover
Credit Card #:
CVC Code: Card Expiration Date:
(AmEx, 4 digits above card number; VISA, MC, Dis., 3 digits by signature line)
Cardholder’s Name:
Authorized Signature:
Walker, H. M., Colvin, G., & Ramsey, E. (1995). Antisocial behav-
ior in school: Strategies and best practices. Pacific Grove, CA:
Prentice Hall.
Wiger, D. E., & Harowski, K. J. (2003). Essentials of crisis counsel-
ing and intervention. Hoboken, NJ: Wiley.
Worden, J. W. (2002). Grief counseling and grief therapy: A
handbook for the mental health professional. New York:
Springer.
Z a j o n c , R . B. ( 1 9 6 5 ) . S o c i a l f a c i li t a t i o n . S c i e n ce, 1 4 9 ,
269–274.
J O U R N A L O F C O U N S E L I N G & D E V E L O P M E N T • S U M M E R 2 0 0 4 • V O L U M E 8 2 287
O
ver the past decade, society has witnessed an
outbreak of school violence, both in the
United States and in other countries, that
has altered the perception of safety previ-
ously thought to exist on school campuses.
Although serious acts of violence on school grounds are still
exceedingly rare (Brooks, Schiraldi, & Ziedenberg, 2000;
Donohue, Schiraldi, & Ziedenberg, 1998; Kachur et al., 1996),
the notoriety attracted by such events raises widespread
concern. Much more prevalent, however, are relatively “low
level” aggressive and antisocial behaviors including teasing,
fighting, name calling, ridiculing, threatening, and other forms
of intimidation and harassment. These behaviors occur at
an alarmingly high rate at all grade levels, although they
appear to increase in severity during the middle school years
(Heaviside, Rowand, Williams, & Farris, 1998; Nansel et al.,
2001) As many as 75% of adolescents, for example, indicate
that they have been bullied at some time in school, and 10%
to 15% are bullied on a regular basis (Banks, 1997). In addi-
tion, recent data from the Youth Risk Behavior Survey (YRBS;
Kann et al., 2000) indicated that approximately 14% of sec-
ondary level students admitted being in a physical fight on
school property during the past 12 months; 7% had carried
a weapon such as a gun, knife, or club to school in the past
30 days; 8% had been threatened or injured with a weapon
on school property; and more than 5% expressed that they
felt “too unsafe” to go to school.
In an effort to stem the rising tide of violence, many schools
have instituted policies designed to deter antisocial behav-
iors (Skiba & Peterson, 1999; Walker et al., 1996). These
include use of metal detectors, security guards and surveil-
lance cameras, dress codes, “zero tolerance” policies result-
ing in suspension or expulsion for certain classes of aggres-
sive or threatening behavior, strategies for identifying or
“profiling” students most likely to commit violent acts, and
use of strong disciplinary tactics in response to disruptive
behaviors. Although the intent of such policies is to make a
strong statement against any form of violence on school
grounds, the emphasis in most cases is punitive rather than
edifying. Most of these approaches are problem focused in
that they target negative behaviors as opposed to building
alternative prosocial skills. In addition, the majority of these
strategies are reactive, in the sense that they occur in re-
sponse to undesirable behavior, rather than proactively op-
erating to prevent the occurrence of such behaviors.
A POSITIVE APPROACH TO THE PREVENTION OF
VIOLENCE AT SCHOOL
In contrast to the aforementioned approach, a positive ap-
proach to the prevention of violent behavior at school fo-
cuses on building a set of social and emotional strengths
that are incompatible with antisocial behavior. These in-
clude developing emotional literacy skills, such as empa-
thy and respect for the rights of others; boosting resiliency
factors, such as self-esteem and academic success; and estab-
lishing a high degree of “connectedness” between students and
their families, peers, schools, and communities (Cowen,
Wyman, Work, & Iker, 1995; Elias et al., 1994; Weissberg &
Greenberg, 1998). Unlike traditional problem-focused
approaches, the positive approach to school violence is
preventive, solution-driven, and systemic in its efforts. Its
goal is to enhance the overall well-being of students and
others in the context of schooling.
The impetus for a positive approach to prevention of vio-
lence in schools draws upon a model of human functioning
that, rather than attempting to repair psychological disease
and dysfunction, attempts to promote optimal levels of de-
velopment (see Seligman & Csikszentmihalyi, 2000, for a
more detailed discussion of a positive approach to counsel-
Douglas C. Smith, Department of Counselor Education, University of Hawaii; Daya S. Sandhu, Department of Educational and Counseling Psychology,
University of Louisville. Correspondence concerning this article should be addressed to Douglas C. Smith, University of Hawaii, Department of Counselor
Education, 1776 University Avenue, Honolulu, HI 96822 (e-mail: smithdou@hawaii.edu).
Toward a Positive Perspective on Violence Prevention in
Schools: Building Connections
Douglas C. Smith and Daya S. Sandhu
As concerns about the level of school violence have increased in recent years, many schools have instituted policies designed
to deter or prohibit violent and aggressive acts on school campuses. Although well intentioned, most such policies tend to be
reactive and punitive in nature. In contrast, this article proposes a positive approach to violence prevention based on establish-
ing meaningful connections between students, their families, peers, and school.
J O U R N A L O F C O U N S E L I N G & D E V E L O P M E N T • S U M M E R 2 0 0 4 • V O L U M E 8 2288
S m i t h a n d S a n d h u
ing). In short, a positive approach is primarily involved with
the facilitation of psychological health and well-being. Re-
garding prevention of school violence, a positive approach
engenders development of prosocial interpersonal skills and
such noble personal qualities as wisdom, courage, altruism,
civility, and tolerance for the views of others.
CONCEPT OF CONNECTEDNESS
Although positive approaches to prevention of violent be-
havior in schools can take many forms and occur across
multiple settings, a common theme is establishing a sense of
connectedness between youth and elements of their envi-
ronment including peers, family, school, and community
(Catalano & Hawkins, 1996; R. W. Larson, 2000). A growing
body of research indicates that youth who feel nurtured,
supported, and accepted within these contexts are more likely
to report subjective feelings of happiness and well-being,
greater levels of commitment, and better performance in
school (e.g., Miller, Brehm, & Whitehouse, S., 1998; Resnick
et al., 1997). Moreover, such youth are less likely to engage
in negative, antisocial behaviors at school and more likely
to engage in cooperative, helpful, and prosocial actions
(O’Donnell, Hawkins, & Abbott, 1995; C. A. Smith, Lizotte,
Thornberry, & Krohen, 1996).
On the other hand, youth who are disconnected from fam-
ily, peers, and social institutions, including schools, are at
risk for a variety of negative social and behavioral outcomes,
including participation in serious antisocial activities (Lipsey
& Derzon, 1998). Studies of risk factors of students involved
in school shootings, for example, point to a sense of alien-
ation from family and peers and a lack of bonding to school
as key predictors of violence potential (Borum, 2000; Dwyer,
Osher, & Warger, 1998).
Connectedness is also an important aspect of resiliency. Stu-
dents who feel connected to family, peers, school, and commu-
nity experience greater levels of support and are better able to
cope with a wide range of adverse conditions, including those
that promote the development of antisocial behavior
(Catalano & Hawkins, 1996; Furlong, Pavelski, & Saxton,
2002). In the following sections, we provide an overview of
connectedness across several contexts and the role of school
staff, particularly counselors, in fostering these connections.
Building Connections With Family
An increasing body of literature emphasizes the important
role that attachment to family plays in the prevention of
antisocial behavior (see Lyons-Ruth, 1996, for a review).
Children who experience secure, meaningful attachments to
caretakers are generally better adjusted and are less likely
to engage in troublesome and problematic behavior, both in
and out of school (Ainsworth, 1985; C. A. Smith et al., 1996).
Conversely, caretaker–child interactions characterized by
lack of responsiveness, inconsistency, hostility, and rejec-
tion are important aspects of a developmental trajectory
leading to early onset of antisocial behavior (Greenberg,
Speltz, & DeKlyen, 1993). Although schools are unlikely to
play a major role in parent–child attachments during the
critical early childhood years, their contributions to ongo-
ing parent–child relationships cannot be underestimated.
Schools are potentially the most important resource for
parent education leading to more positive connections be-
tween children and family members. It is important for par-
ents and other family members to develop numerous skills
to promote prosocial behavior. We recommend that schools
take a more active role in helping parents establish positive
connections with their children.
Parent- and family-based interventions. These approaches fo-
cus on helping parents to develop better communication and
conflict resolution skills and also educate parents about child
development and factors that may contribute to violent be-
havior (United States Departments of Education and Justice,
2000). Research indicates that the earlier these family-based
interventions begin, the more effective they are in reducing
aggression and other forms of antisocial behavior (Dunst,
Trivette, & Deal, 1994; Webster-Stratton & Hancock, 1998).
Successful family-based interventions are individualized, cul-
turally sensitive, home-based, and involve parents directly in
planning goals and establishing appropriate responses to
children’s transgressions (Eron, Gentry, & Schlegel, 1994).
Not only are these programs successful in reducing parent–
child conflicts, they also increase parents’ sense of control
and feelings of efficacy (Webster-Stratton & Hancock, 1998).
One model program developed by Patterson, Reid, and Dishion
(1992) teaches parents prosocial behaviors, alternatives to
aggression as a discipline strategy, and problem-solving skills. In
addition, parents are taught to nurture and communicate ef-
fectively with children, to establish and negotiate family rules
and consequences, and to reward prosocial behavior. The model
has been shown to be effective in reducing family conflict
and increasing a sense of family unity (Reid, Patterson, &
Snyder, 2002). Long-term effects include a stronger sense of
connectedness among family members with a greater likeli-
hood of positive social interactions.
Parents as emotional coaches. John Gottman and colleagues
(Gottman & DeClaire, 1997; Gottman, Katz, & Hooven,
1996) have written extensively about the advantages of train-
ing parents as emotional coaches for their children. Emo-
tional coaches are empathetic and accepting of their children’s
negative emotions but guide children in generating and
choosing positive response strategies while setting limits
for acceptable behavior. According to Gottman and DeClaire,
an emotional coach is one who, rather than ignoring or dis-
couraging negative emotional reactions such as anger or
unhappiness, views the enactment of such emotions as op-
portunities for the child to develop a deeper understanding
of self and others, particularly regarding these potentially
troubling feelings. Emotional coaches directly assist their
children in exploring and discussing negative emotions, and
at the same time, insist on socially appropriate expression
of such feelings.
Longitudinal studies of emotional coaching patterns within
families (see Gottman et al., 1996, for a review) indicate
J O U R N A L O F C O U N S E L I N G & D E V E L O P M E N T • S U M M E R 2 0 0 4 • V O L U M E 8 2 289
P o s i t i v e P e r s p e c t i v e o n V i o l e n c e P r e v e n t i o n
that children whose parents consistently use such strategies
are happier, healthier, and better adjusted than children whose
parents are emotionally aloof, indifferent, or uninvolved. Fur-
thermore, emotionally coached children appear to be more
proficient in the critical skill of self-regulation, which allows
them to cope more effectively with a wide range of chal-
lenges, including family discord and transition.
Building Connections With Peers
Friendships are an important source of support and
nurturance for both children and adults. Students who are
well liked by peers are happier at school, better adjusted
both psychologically and emotionally, and considerably less
likely to engage in aggressive and violent behaviors (Elias
et al., 1994; Eron et al., 1994). On the other hand, chil-
dren who are isolated or rejected by peers suffer loss of
self-esteem and other emotional distress, tend to dislike
school, and are at risk for a wide range of destructive per-
sonal and interpersonal outcomes including substance abuse,
gang involvement, teen pregnancy, and violence at school
(Doll, 1996). It is apparent that developing and maintain-
ing effective, rewarding relationships with peers is a criti-
cal aspect of violence prevention.
In a comprehensive review of prevention strategies de-
signed to enhance social and emotional competence,
Weissberg and Greenberg (1998) discussed a range of
competence-enhancement strategies for elementary age stu-
dents. The major goal of such programs is “to teach children
to make use of both personal and environmental resources to
achieve prosocial goals” (p. 890). Because specific acts of ag-
gression are viewed primarily as learned behaviors, they can
be unlearned and thus prevented by acquisition of more
prosocial and positive behaviors. Hawkins, Catalano,
Kosterman, Abbot, and Hill (1999) suggested that healthy
bonding of children to adults, peers, and institutions that pro-
mote healthy beliefs and prosocial attitudes is likely to result
in adoption of similar beliefs and attitudes. There is growing
national support for comprehensive (kindergarten through
Grade 12) health education that (a) emphasizes personal and
social skills training; (b) promotes positive social values and
health attitudes; and (c) provides honest, relevant informa-
tion about health issues including violence (National Center
for Health Education, 1997). Strategies that increase the prob-
ability of positive prosocial interactions with peers can be
loosely grouped under the categories of emotional literacy
and cognitive-behavioral skills training.
Emotional literacy. Daniel Goleman’s (1995) book Emo-
tional Intelligence: Why It Can Matter More Than IQ popu-
larized the notion that one’s emotional reasoning may be
equal to or more important than intelligence per se as a
predictor of life success. There is now compelling evidence
that emotional competence is indeed related to a range of
positive outcomes both at school and in the larger commu-
nity, including friendships, social status, and achievement
(Elias et al., 1994; Weissberg & Greenberg, 1998). More im-
portant, emotional competence is also generally regarded as
a significant protective factor and deterrent to violent be-
havior at school (Miller et al., 1998).
Goleman (1995) and others (e.g., Salovey & Mayer, 1990)
have identified at least five domains of emotional compe-
tence important to overall functioning and success. The first
and most basic, self-awareness, refers to the ability to recog-
nize and identify internal feeling states such as anger, disap-
pointment, fear, and exhilaration. Closely related, but at a
higher developmental level, is awareness of others, including
such skills as empathy, or understanding others’ feelings, and
role taking, or understanding others’ points of view. Both
self-awareness and awareness of others are critical to positive
interactions with peers, resolving interpersonal conflicts, and,
ultimately, preventing and reducing the likelihood of aggres-
sion as well as serious acts of violence at school.
The third domain, managing one’s emotions, refers to the
ability to regulate and control potentially troublesome emo-
tions, such as frustration, resentment, guilt, and despair. One
such emotion that has been the subject of numerous school-
based intervention projects is anger. Anger management and
regulation is an important skill in reducing violence poten-
tial at school (see D. C. Smith, Larson, DeBaryshe, &
Salzman, 2000, for a review of anger management strategies
with youth).
The fourth domain, motivating oneself, has particular rel-
evance for school. Students who have the ability and skill
to motivate themselves academically, both extrinsically and
intrinsically, are likely to view school as a positive experi-
ence, are less likely to engage in problematic or antisocial
behaviors, and generally perform at higher levels than their
counterparts (Resnick et al., 1997).
Finally, negotiating/resolving conflicts, the fifth domain, is a
critical skill for reducing the probability of violent behav-
ior at school (Johnson & Johnson, 1996; Tolan & Guerra,
1994). If disagreements, grievances, and other relatively mi-
nor conflicts can be resolved effectively, it is unlikely that
these events will lead to aggressive/violent confrontations.
Negotiation/conflict resolution builds upon a number of more
fundamental interpersonal skills including cooperation, prob-
lem solving, and empathy.
Cognitive-behavioral skills training. Cognitive-behavioral
skills training focuses on helping children analyze and re-
spond to challenging peer situations. Two major focal points
of these efforts have been on impulse control and social
problem solving.
Phillip Kendall (Kendall, 1991; Kendall & Braswell, 1993)
has conducted extensive research on the role of impulsivity
in children’s aggressive behavior. As a group, aggressive chil-
dren tend not to think through the consequences of their
behavior prior to acting. On the basis of these findings,
Kendall and colleagues designed a series of activities to teach
children self-control through verbal self-instruction (e.g.,
“What am I supposed to do?” and “How am I doing?”). These
efforts are geared toward helping children restrain the ten-
dency to respond without reflecting on the situation at hand.
Evaluation of this and similar programs suggests that im-
pulse control is an acquired skill and can be an important
J O U R N A L O F C O U N S E L I N G & D E V E L O P M E N T • S U M M E R 2 0 0 4 • V O L U M E 8 2290
S m i t h a n d S a n d h u
deterrent to aggression (J. D. Larson, 1992; S. W. Smith, Siegal,
Conner, & Thomas, 1994).
Nowhere is the link between impulsivity and aggressive
behavior more evident than in the experience and expres-
sion of anger. School- and clinic-based anger management
programs for children have proliferated in recent years. Be-
cause anger is conceptualized as a multidimensional con-
struct that includes affective, cognitive, and behavioral di-
mensions, most of these programs have multiple prevention
and treatment components. In a review of anger manage-
ment programs for youth, D. C. Smith et al. (2000) found
that the most successful programs included emotion-focused
strategies such as relaxation, increased self-awareness, and
awareness of the feelings of others; cognitive strategies, such
as problem solving and self-regulation; and behavioral strat-
egies, such as developing specific skills in communication
and assertiveness. In addition, successful interventions in-
cluded clear efforts to encourage maintenance and generali-
zation of skills outside the classroom or training setting. As
a group, school- and clinic-based anger management pro-
grams for youth appear to exert a strong influence on the
control and regulation of aggressive behavior (D. C. Smith
et al., 2000).
Social problem-solving training is designed to help stu-
dents recognize interpersonal conflict situations, increase their
repertoire of problem-solving strategies, analyze and evalu-
ate the consequences of various actions, and select and imple-
ment socially appropriate solutions (Goldstein, 1999). Most
programs use modeling, role-playing, and didactic teaching
methods to teach problem-solving skills. The goal of such
programs is to build positive peer relations by helping chil-
dren learn to avoid interpersonal conflict and to handle those
conflicts that are unavoidable in nonviolent, socially appro-
priate ways. One of the best known social problem-solving
programs for young children is I Can Problem Solve: An Inter-
personal Cognitive Problem-Solving Program (Shure, 1992). A
related program based on an information-processing model is
the BrainPower Program (Hudley, 1994), which is designed to
change hostile attributional biases among aggressive children.
Evaluation of this program indicated increased self-control
and fewer judgments of hostile intent in a sample of third- to
sixth-grade boys (Hudley et al., 1998).
Building Connections With School
A growing body of research supports the notion that stu-
dents who are connected to school through involvement
in school activities, who perceive school as meaningful and
their teachers as supportive, and who experience a sense of
pride and satisfaction regarding school are less inclined
toward negative and destructive behaviors including ag-
gression (McNeely, Nonnemaker, & Blum, 2002; Miller et
al., 1998). The document Safeguarding Our Children: An
Action Guide, produced by the United States Departments
of Education and Justice (2000), outlined four key compo-
nents of schools that are safe and responsive to all chil-
dren. These are the following:
1. Creating a caring school community where all mem-
bers feel safe, connected, and supported
2. Teaching appropriate social behaviors including
problem-solving skills
3. Implementing positive behavior supports
4. Providing appropriate academic instruction
The first three components listed above are directly relevant
to the content of this article and warrant further discussion.
A caring school community is one in which supportive
relationships are established between students, faculty, and
staff. Such relationships allow all members of the school
community to experience a sense of belonging, attachment,
and pride. Schools can facilitate caring relationships by or-
ganizing the environment in such a way that positive social
interactions are likely to occur, for example, by creating
small communities of learners within the school or by es-
tablishing cooperative groups (e.g., learning groups that re-
quire cooperation among members in order to achieve de-
sired outcomes) within the classroom.
Positive social interactions not only build a sense of com-
munity within the school but also evoke a sense of attach-
ment and belonging. Students who perceive themselves as
being treated respectfully by others appear to be happier at
school, more satisfied with their experience, and generally
willing to work harder to achieve their goals (Resnick et al.,
1997). Teachers, counselors, and school administrators play
an important role in this process by treating students fairly
and with dignity and respect.
An environment that provides positive behavioral sup-
port can foster student connections to school. Prevention
of aggressive and antisocial behavior at school begins by
establishing a school climate fostering respect for the rights
of others, positive social relationships, and peaceful reso-
lution of interpersonal conflict. Positive conflict resolu-
tion becomes an affirmed norm of the school (Furlong et
al., 2002). By establishing school norms supporting posi-
tive conflict resolution and prosocial actions toward oth-
ers, schools not only reduce the occurrence of behavior
running contrary to these norms but also influence the level
of cohesiveness and bonding between students, teachers,
and staff. In addition, we believe that schools must pro-
vide the level of support necessary to allow all children to
behave according to these norms.
One obvious aspect of the school environment is the dis-
ciplinary system in place and related procedures for influ-
encing interpersonal behavior. Effective disciplinary systems
are simple, schoolwide, proactive, and positive (United States
Departments of Education and Justice, 2000). Such a sys-
tem ensures consistency of expectations and follow-through.
Positive supports for expected behavior (e.g., teaching de-
sired behaviors) are more effective than reactive approaches
emphasizing punishment. In addition, incentives for prosocial
behaviors and consequences for antisocial actions should be
clear and understandable to all.
In addition to establishing a positive school climate,
schools in which students are connected also take deliber-
J O U R N A L O F C O U N S E L I N G & D E V E L O P M E N T • S U M M E R 2 0 0 4 • V O L U M E 8 2 291
P o s i t i v e P e r s p e c t i v e o n V i o l e n c e P r e v e n t i o n
ate steps to create a comfortable and harmonious physical
environment. This may take the form of frequent monitor-
ing and supervision of known “hot spots,” such as bathrooms
and hallways in which trouble is likely to occur (J. D. Larson,
Smith, & Furlong, 2002). Schools may then take steps to
reduce the sheer volume of students in hallways, lunchrooms,
restrooms, and other potentially troublesome areas by stag-
gering student schedules.
In addition, schools can reduce the likelihood of violent
behavior by creating a more attractive and nurturing physi-
cal environment, which also creates a safer, more welcom-
ing atmosphere (Stephens, 1994).
The Resolving Conflict Creatively Program (DeJong, 1999)
is one example of an ecological approach that incorporates
a classroom and schoolwide value system of nonviolence.
Another example is the Peacemakers Program (Johnson &
Johnson, 2000), for students in Grades 4 to 8, that incorpo-
rates a violence prevention curriculum in the classroom and
seeks to infuse a nonviolence ethic into the entire school
culture. Evaluation of this program with 1,400 students in
Cleveland indicated significant decreases in aggressive inci-
dents and subsequent disciplinary actions. More work is
needed to determine the long-term effects of such ecologi-
cal interventions and their applicability to students from
varying backgrounds, cultures, and ethnic groups.
THE ROLE OF COUNSELORS IN BUILDING CONNECTIONS
Reducing risk and building resiliency are two sides of the
same coin. Counselors play an important role in both. By
actively seeking to address the social and emotional needs
of at-risk students, counselors can prevent the development
of further antisocial behaviors along a predictable develop-
mental trajectory. Counselors can work proactively in at
least three ways.
One, counselors can play an important role in establish-
ing a climate of respect within the school. Given their
background and training, counselors can be influential in
establishing a developmental-based norm for prosocial and
respectful behavior.
Two, counselors can work directly with teachers and stu-
dents in developing emotional literacy skills. This may in-
clude running social skills groups for students identified as
lacking skills but, more important, may involve consulta-
tion with teachers intent on enhancing social development
of all students within their classrooms.
Third, counselors, in their role as mental health consult-
ants, can assist parents in communicating more effectively
with their children, modeling prosocial skills, and resolving
conflicts effectively while helping parents to maintain a sense
of connectedness with their children.
CLOSING REMARKS
Given the multiple pathways through which aggressive and
violent behavior develops in youth and the many factors
that contribute both to its inhibition and disinhibition,
effective school-based strategies must necessarily be compre-
hensive, broadly applied, and developmentally focused. As
this review article reveals, it appears that prevention efforts
meeting these criteria tend to include multiple components
such as individual skill building, parent education, and en-
vironmental and ecological reorganization. To be optimally
effective, these efforts must occur across multiple contexts
including school, home, and community.
Longitudinal research clearly indicates that, left unde-
terred, aggressive behavior in early childhood often contin-
ues unabated into later stages of childhood, adolescence, and
beyond (Loeber & Hay, 1997; Loeber & Stouthamer-Loeber,
1998; Patterson, DeBaryshe, & Ramsey, 1989). The more
serious the form of early aggression, the more likely this
pattern will occur (Loeber & Stouthamer-Loeber, 1998).
What then can be done to prevent the formation of early
patterns of aggressive behavior in childhood? A review of
research in this area suggests a number of principles that
should be considered “best practices” for prevention of ag-
gressive behavior during childhood.
First, and most important, prevention efforts must begin
early and include multiple components delivered across mul-
tiple settings (minimally the home and school). In the home
setting, early intervention means implementing programs
that engage parents in their child’s education at as early a
date as possible. These programs should provide the context
in which to disseminate effective parenting skills to all and
to focus attention on parents who may be locked in a cycle
of coercive child disciplinary practices. At the school level,
early intervention means targeting low levels of aggressive
behavior, such as teasing and bullying, and simultaneously
establishing a school climate that reinforces positive social
behaviors.
At the family level, parent education and training focused
on improving communication skills and fostering authorita-
tive parenting styles appear to offer considerable promise
(Patterson et al., 1992). Programs that are culturally sensi-
tive and model alternatives to authoritarian discipline prac-
tices at home have the greatest potential to reinforce the
long-term reduction of a child’s violent behaviors.
At the individual level, available data suggest that cognitive-
behavioral strategies offer the most promise with specific train-
ing in impulse control and interpersonal problem solving
receiving the most empirical support (D. C. Smith et al.,
2000). Anger management appears to be a particularly fruit-
ful intervention direction within the broader context of
cognitive-behavioral treatment. Such programs should seek
to prevent and/or reduce the occurrence of aggressive be-
havior by teaching children to recognize and use internal
cues, develop a more reflective problem-solving style, and
promote usage of alternatives to aggression. Given the per-
vasiveness of aggression in the typical school, comprehen-
sive aggression management programs should be made a key
component of all student support services plans.
Finally, successful prevention of school violence means
not only seeking to reduce negative affect and behaviors but
also fostering higher levels of social and emotional compe-
J O U R N A L O F C O U N S E L I N G & D E V E L O P M E N T • S U M M E R 2 0 0 4 • V O L U M E 8 2292
S m i t h a n d S a n d h u
tence. All programs should focus on the fundamental issue of
providing a positive reason to refrain from aggressive behav-
ior. Encouragement of prosocial behavior, such as coopera-
tion, respect, self-awareness, and empathy, is the foundation
for pursuing the ultimate objective of raising competent, car-
ing, and compassionate human beings.
REFERENCES
Ainsworth, M. D. (1985). Patterns of attachment. American Psychologist,
38, 27–29.
Banks, R. (1997). Bullying in schools. Champaign, IL: ERIC Clearing-
house on Elementary and Early Childhood Education. (ERIC Docu-
ment Reproduction Service No. ED407154)
Borum, R. (2000). Assessing violence risk among youth. Journal of Clini-
cal Psychology, 56, 1263–1288.
Brooks, K., Schiraldi, V., & Ziedenberg, J. (2000). School house hype: Two
years later. Washington, DC: The Justice Policy Institute.
Catalano, R., & Hawkins, J. D. (1996). The social development model:
A theory of antisocial behavior. In J. D. Hawkins (Ed.), Delinquency
and crime: Current theories (pp. 149–197). New York: Cambridge
University Press.
Cowen, E. L., Wyman, P. A., Work, W. C., & Iker, M. R. (1995). A
preventive intervention for enhancing resilience among highly
stressed urban children. The Journal of Primary Prevention, 15,
247–260.
DeJong, W. (1999). Building the peace: The Resolving Conflict Creatively
Program. Washington, DC: National Institute of Justice.
Doll, E. (1996). Children without friends: Implications for practice and
policy. School Psychology Review, 25, 165–183.
Donohue, E., Schiraldi, V., & Ziedenberg, J. (1998). School house hype:
School shootings, and the real risks kids face in America. Washington,
DC: The Justice Policy Institute.
Dunst, C. J., Trivette, C. M., & Deal, A. G. (1994). Supporting and strength-
ening families: Vol. 1. Methods, strategies and practices. Cambridge, MA:
Brookline.
Dwyer, K., Osher, D., & Warger, C. (1998). Early warning, timely response:
A guide to safe schools. Washington, DC: U.S. Department of Education.
Elias, M. J., Weissberg, R. P., Hawkins, J. D., Perry, C. L., Zins, J. E., Dodge,
K. A., et al. (1994). The school-based promotion of social compe-
tence: Theory, research, practice, and policy. In R. J. Haggerty, N.
Garmezy, M. Rutter, & L. Sherrod (Eds.), Stress, risk and resilience in
children and adolescence: Processes, mechanisms, and interventions (pp.
269–315). New York: Cambridge University Press.
Eron, L. D., Gentry, J. H., & Schlegel, P. (Eds.). (1994). Reason to hope: A
psychosocial perspective on violence and youth. Washington, DC: Ameri-
can Psychological Association.
Furlong, M. J., Pavelski, R., & Saxton, J. (2002). The prevention of school
violence. In S. Brock, P. Lazarus, & S. Jimerson (Eds.), Best practices in
school crisis management (pp. 131–150). Washington, DC: National
Association of School Psychologists.
Goldstein, A. P. (1999). Aggression reduction strategies: Effective and
ineffective. School Psychology Quarterly, 14, 40–58.
Goleman, D. (1995). Emotional intelligence: Why it can matter more than
IQ. New York: Bantam Books.
Gottman, J., & DeClaire, J. (1997). The heart of parenting: Raising an
emotionally intelligent child. New York: Simon & Schuster.
Gottman, J., Katz, L., & Hooven, C. (1996). Meta-emotion: How families
communicate emotionally, links to child peer relations and other develop-
mental outcomes. Mahwah, NJ: Erlbaum.
Greenberg, M. T., Speltz, M. L., & DeKlyen, M. (1993). The role of
attachment in the early development of disruptive behavior prob-
lems. Development and Psychopathology, 5, 191–213.
Hawkins, J. D., Catalano, R. F., Kosterman, R., Abbot, R., & Hill, K. G.
(1999). Preventing adolescent health-risk behaviors by strengthening
protection during childhood. Archives of Pediatrics and Adolescent
Medicine, 153, 225–234.
Heaviside, S., Rowand, C., Williams, C., & Farris, E. (1998). Violence and
discipline problems in U.S. public schools: 1996-97 (NCES 98-030).
Washington, DC: U.S. Department of Education, National Center for
Education Statistics.
Hudley, C. A. (1994). The reduction of childhood aggression using the
BrainPower Program. In M. Furlong & D. Smith (Eds.), Anger, hostility,
and aggression: Assessment, prevention, and intervention strategies for
youth (pp. 313–344). New York: Wiley.
Hudley, C. A., Britsch, B., Wakefield, W. D., Smith, T., Demorat, M., & Cho,
S. (1998). An attribution retraining program to reduce aggression in
elementary school students. Psychology in the School, 35, 271–282.
Johnson, D. W., & Johnson, R. T. (1996). Conflict resolution and peer
mediation programs in elementary and secondary schools: A review
of the research. Review of Educational Research, 66, 459–506.
Johnson, D. W., & Johnson, R. T. (2000). Teaching students to be Peacemak-
ers: Results of twelve years of research. Retrieved November 12, 2002,
from http://acrnet.org/resources/articles/crejohnson.htm
Kachur, S. P., Stennies, G., Powell, K., Modzeleski, W., Stephens, R., Murphy,
R., et al. (1996). School-associated deaths in the United States, 1992-
1994. JAMA, 275, 1729–1733.
Kann, L., Kinchen, S. A., Williams, B. I., Ross, J. G., Lowry, R., Grunbaum,
J. A., et al. (2000). Youth risk behavior surveillance—United States,
1999 (MMWR, Vol. 49, No. SS-5). Atlanta, GA: U.S. Department of
Health & Human Services, Centers for Disease Control and Preven-
tion (CDC).
Kendall, P. C. (1991). Guiding theory and therapy for children and ado-
lescents. In P. Kendall (Ed.), Child and adolescent therapy: Cognitive
behavioral procedures (pp. 3–22). New York: Guilford Press.
Kendall, P. C., & Braswell, L. (1993). Cognitive-behavioral therapy for
impulsive children (2nd ed.). New York: Guilford Press.
Larson, J. D. (1992). Anger and aggression management techniques uti-
lizing the Think First curriculum. Journal of Offender Rehabilitation,
18, 101–117.
Larson, J. D., Smith, D. C., & Furlong, M. J. (2002). Best practices in
school violence prevention. In A. Thomas & J. Grimes (Eds.), Best
practices in school psychology IV (Vol. 2, pp. 1081–1097). Bethesda,
MD: National Association of School Psychologists.
Larson, R. W. (2000). Toward a psychology of positive youth develop-
ment. American Psychologist, 55, 170–183.
Lipsey, M. W., & Derzon, J. H. (1998). Predictors of violent or serious
delinquency in adolescence and early adulthood. In R. Loeber & D. P.
Farrington (Eds.), Serious and violent juvenile offenders: Risk factors
and successful interventions (pp. 86–105). Thousand Oaks, CA: Sage.
Loeber, R., & Hay, D. F. (1997). Key issues in the development of aggres-
sion and violence from childhood to early adulthood. Annual Review
of Psychology, 48, 371–410.
Loeber, R., & Stouthamer-Loeber, M. (1998). Development of juvenile
aggression and violence: Some common misperceptions and contro-
versies. American Psychologist, 53, 242–259.
Lyons-Ruth, K. (1996). Attachment relationships among children
with aggressive behavior problems: The role of disorganized early
attachment patterns. Journal of Consulting and Clinical Psychology,
64, 64–73.
McNeely, C. A., Nonnemaker, J. M., & Blum, R. W. (2002). Promoting
school connectedness: Evidence from the National Longitudinal Study
of Adolescent Health. Journal of School Health, 72, 138–146.
Miller, G. E., Brehm, K., & Whitehouse, S. (1998). Reconceptualizing
school-based prevention for antisocial behavior within a resiliency
framework. School Psychology Review, 27, 364–379.
Nansel, T. R., Overpeck, M., Pilla, R. S., Ruan, W. J., Simons-Morton, B.,
& Scheidt, P. (2001). Bullying behaviors among US youth: Prevalence
and association with psychosocial adjustment. Journal of the Ameri-
can Medical Association, 285, 2094–2100.
National Center for Health Education. (1997). Growing healthy: An
examination of comprehensive school health education’s role in healthy
lifestyles for youth. Waco, TX: WRS Group.
O’Donnell, J., Hawkins, J. D., & Abbott, R. D. (1995). Predicting serious
delinquency and substance use among aggressive boys. Journal of
Consulting and Clinical Psychology, 63, 529–537.
J O U R N A L O F C O U N S E L I N G & D E V E L O P M E N T • S U M M E R 2 0 0 4 • V O L U M E 8 2 293
P o s i t i v e P e r s p e c t i v e o n V i o l e n c e P r e v e n t i o n
Patterson, G. R., DeBaryshe, B. D., & Ramsey, E. (1989). A develop-
mental perspective on antisocial behavior. American Psychologist,
44, 329–335.
Patterson, G. R., Reid, J. B., & Dishion, T. J. (1992). Antisocial boys: A
social interactional approach (Vol. 4). Eugene, OR: Castalia.
Reid, J. B., Patterson, G. R., & Snyder, J. (2002). Antisocial behavior in
children and adolescents: A developmental analysis and model for
intervention. Washington, DC: American Psychological Association.
Resnick, M. D., Bearman, P. S., Blum, R. W., Bauman, K. E., Harris, K. M.,
Jones, J., et al. (1997). Protecting adolescents from harm: Findings
from the National Longitudinal Study on Adolescent Health. Journal
of the American Medical Association, 278, 823–832.
Salovey, P., & Mayer, J. D. (1990). Emotional Intelligence. Imagination,
Cognition and Personality, 9, 185–211.
Seligman, M. E. P., & Csikszentmihalyi, M. (2000). Positive psychology:
An introduction. American Psychologist, 55, 5–14.
Shure, M. B. (1992). I Can Problem Solve: An interpersonal cognitive
problem-solving program. Champaign, IL: Research Press.
Skiba, R. J., & Peterson, R. (1999). The dark side of zero tolerance: Can
punishment lead to safe schools? Phi Delta Kappan, 80, 372–382.
Smith, C. A., Lizotte, A. J., Thornberry, T., & Krohen, M. (1996). Resil-
ient youth: Identifying factors that prevent high-risk youth from
engaging in delinquency and drug use. In J. Hagen (Ed.), Delin-
quency and disrepute in the life course (pp. 217–247). Greenwich,
CT: JAI Press.
Smith, D. C., Larson, J., DeBaryshe, B., & Salzman, M. (2000). Anger
management for youth: What works and for whom? In D. S. Sandhu &
C. Aspy (Eds.), Violence in American schools: A practical guide for
counselors (pp. 217–230). Alexandria, VA: American Counseling
Association.
Smith, S. W., Siegal, E. M., Conner, A. M., & Thomas, S. B. (1994). Effects of
cognitive-behavioral training on angry behavior and aggression of three
elementary aged students. Behavioral Disorders, 19, 126–135.
Stephens, R. D. (1994). Planning for safer and better schools: School
violence prevention and intervention strategies. School Psychology Re-
view, 23, 151–164.
Tolan, P., & Guerra, N. (1994). What works in reducing adolescent vio-
lence: An empirical review of the field. Boulder, CO: University of
Colorado, Center for the Study and Prevention of Violence.
United States Departments of Education and Justice. (2000). 2000 an-
nual report on school safety. Washington, DC: Authors.
Walker, H. M., Horner, R. H., Sugai, G., Bullis, M., Sprague, J. R., Bricker,
D., et al. (1996). Integrated approaches to preventing antisocial be-
havior patterns among school-age children and youth. Journal of Emo-
tional and Behavioral Disorders, 4, 194–209.
Webster-Stratton, C., & Hancock, L. (1998). Training for parents of young
children with conduct problems: Content, methods, and therapeutic
processes. In J. M. Briesmeister & C. E. Schaefer (Eds.), Handbook of
parent training: Parents as co-therapists for children’s behavior problems
(pp. 98–152). New York: Wiley.
Weissberg, R. P., & Greenberg, M. T. (1998). School and community
competence-enhancement and prevention programs. In I. E. Sigel &
K. A. Renninger (Eds.), Handbook of child psychology (Vol. 4, pp. 877–
954). New York: Wiley.
Copyright of Journal of Counseling & Development is the property of American Counseling Association and its
content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder’s
express written permission. However, users may print, download, or email articles for individual use.
Copyright of Journal of Counseling & Development is the property of American Counseling Association and its
content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder’s
express written permission. However, users may print, download, or email articles for individual use.
www.ifrc.org
Saving lives, changing minds.
The Red Cross Red Crescent
approach to disaster and
crisis management
Position paper
About us
The International Federation of Red Cross and Red Crescent Societies (IFRC) is the world’s largest volunteer-based humanitarian
network, reaching 150 million people each year through our 1
8
6 member National Societies. Together, we act before, during and
after disasters and health emergencies to meet the needs and improve the lives of vulnerable people. We do so with impartiality as
to nationality, race, gender, religious beliefs, class and political opinions.
Guided by Strategy 2020 – our collective plan of action to tackle the major humanitarian and development challenges of this decade
– we are committed to ‘saving lives and changing minds’.
Our strength lies in our volunteer network, our community-based expertise and our independence and neutrality. We work to
improve humanitarian standards, as partners in development and in response to disasters. We persuade decision makers to act at
all times in the interests of vulnerable people. The result: we enable healthy and safe communities, reduce vulnerabilities, strengthen
resilience and foster a culture of peace around the world.
© International Federation of Red Cross and Red Crescent Societies, Geneva, 2011.
Copies of all or part of this study may be made for noncommercial use, providing the source is acknowledged. The IFRC would appreciate receiving
details of its use. Requests for commercial reproduction should be directed to the IFRC at secretariat@ifrc.org.
The opinions and recommendations expressed in this study do not necessarily represent the official policy of the IFRC or of individual National Red Cross or
Red Crescent Societies. The designations and maps used do not imply the expression of any opinion on the part of the International Federation or National
Societies concerning the legal status of a territory or of its authorities. All photos used in this study are copyright of the IFRC unless otherwise indicated.
P.O. Box 372
CH-1211 Geneva 19
Switzerland
Telephone: +
4
1 22 730 4222
Telefax: +41 22 733 0395
E-mail: secretariat@ifrc.org
Web site: http://www.ifrc.org
Cover: Yoshi Shimizu/IFRC
mailto:secretariat@ifrc.org
3
International Federation of Red Cross and Red Crescent Societies
The Red Cross Red Crescent approach to disaster and crisis management Position paper
Disasters and crises today
Over the past decades the world has witnessed a significant increase in the
number of disasters reported; from fewer than 100 disasters per year reported
in 1975 to more than 400 disasters in 20101. Simultaneously, the number of
people affected by disasters and the economic damages caused by reported
disasters have increased.
We continue to face significant challenges of growing vulnerabilities related
to global threats such as climate change. We must be prepared for increases
in extreme weather events, environmental degradation and food insecu-
rity; almost half (48 per cent) of disasters reported through the International
Federation of Red Cross and Red Crescent Societies (IFRC) Disaster Management
Information System in 2004-2011 were hydro-meteorological disasters.
Population growth and unplanned urbanization can result in ever-growing
numbers of people who are vulnerable. The scarcity of resources – including
natural resources like water – is likely to contribute to growing tension within
and between communities and may fuel new or sustain pre-existing conflict.
These current and future challenges call for scaled-up resilience building, risk
reduction, disaster preparedness and disaster response measures.
The foundations of our disaster
and crisis management role
With 186 National Red Cross or Red Crescent Societies, the IFRC is the larg-
est network in the world delivering humanitarian assistance to vulnerable
people. We have an exceptional decades-long tradition in assisting people in
disasters and crises and a firm commitment to continue to save lives, protect
livelihoods and strengthen recovery from disasters and crises in the future,
as outlined in our Strategy 2020.
We are a grassroots network with more than 13 million active volunteers
who work within communities in the areas of disaster response and recov-
ery, disaster preparedness and risk reduction, health and development. As
community-based responders, the volunteers and staff are often first on the
scene of a disaster. They are capable of going the last mile in reaching out to
vulnerable communities to provide early warning, to support them to prepare
for disasters and crises, to deliver life-saving assistance, and to remain with
the affected people throughout the post-disaster recovery process to build
1 EM-DAT, The International Disaster Database, Centre for Research on the Epidemiology of
Disasters (CRED), http://www.emdat.be/natural-disasters-trends, August 25 2011.
Disasters and crises are serious
disruptions of the functioning of
a community through widespread
losses and disruption that exceed
its capacity to cope using its own
resources. A disaster or a crisis may
arise as a sudden emergency or it
may be slow onset.
During disasters, due to natural and
human-made hazards, or in crises
that arise from violent conflicts,
the immediate imperative is to save
lives, reduce suffering, damage
and losses, and to protect, comfort
and support affected people. These
actions combined with preventative
risk reduction, preparedness and
resilience building constitute the
core components of our disaster and
crisis management work.
http://www.emdat.be/natural-disasters-trends
resilience to withstand future shocks. Away from the world’s media and atten-
tion volunteers address thousands of crises and disasters that happen daily
at local levels. In 2010, our volunteers provided services estimated as worth
more than six billion US dollars and reached more than 30 million people in
disasters alone.
Our work is guided by seven Fundamental Principles: humanity, impartial-
ity, neutrality, independence, voluntary service, unity and universality. They
ensure that regardless of nationality, race, religious beliefs, class or political
opinions we help solely on the basis of need and deliver our assistance in a
neutral and dignified manner. Our volunteers and staff work under the protec-
tion of emblems – red cross, red crescent or red crystal – that are embedded in
international humanitarian law. These principles and emblems are respected
worldwide and – together with the privileged relationship (the auxiliary status)
of our National Societies with their respective government provide a unique
access to those who need us within and across borders.
Having local roots doesn’t mean having only local impact. The Red Cross
Red Crescent network has a global reach with a member National Society in
nearly every country in the world. This allows us to efficiently scale up and
pull together resources and expertise to support those affected by devastating
disasters or crises. In large-scale disasters, such as the Haiti earthquake in
2010, more than 120 National Societies from all continents contributed funds,
human resources or goods to the Red Cross Red Crescent response.
Our global representation also allows us to conduct evidence-based humani-
tarian diplomacy on behalf of our National Societies and the people they
serve, giving a voice to the voiceless at the highest decision-making tables,
and persuading governments and opinion-leaders to act at all times in the
interests of the world’s vulnerable people.
International Federation of Red Cross and Red Crescent Societies
4
Successful recovery in Peru
Following an earthquake in August 2007, the coastline of Peru was hit by several
smaller aftershocks and tsunamis with more than 131,000 families affected by
physical damage to houses, schools and community infrastructure.
IFRC supported the Peru Red Cross Society to implement a relief and early
recovery programme and subsequently a reconstruction programme as part of
the long term recovery of the affected population. Considerable emphasis was
laid on building local capacities of the affected population and of the Peru Red
Cross involving concurrent action from the families themselves, the communities,
cooperation agencies and members of the International Red Cross and Red Crescent
Movement. Environmental issues were incorporated into programme planning
with the completion of an environmental impact assessment resulting in low cost
environmentally friendly design proposals.
The community played an integral role in building their own shelters, first in the
transitional shelter phase and later on in the permanent reconstruction of their
shelters. They were assisted by IFRC in doing this, with financial resources and with
technical designs tested for seismic resistance at the Pontificia Universidad Catolica
del Peru laboratories. This was an important step in supporting the community
in their own recovery process, strengthening their feeling of empowerment (and
strengthened psychological well being as a result) and their readiness to move on to
the next stage of recovery.
The holistic approach taken by IFRC and the Peru Red Cross meant that a cross-
section of community needs could be addressed including: the challenges involved in
land ownership and settlement issues; the provision of health, education and water,
sanitation and hygiene promotion facilities, and the restoration of old livelihoods
alongside the provision of new income earning opportunities. This resulted in a
stronger economic base than prior to the disaster with improvements made to local
markets along with increased income generation opportunities for women.
Additional benefits emerging from the relief and recovery programme have
included an empowered community better able to work together for the common
good with the introduction of public ‘spaces’ that can be used for collective social
purposes. The community collectively takes care of and manages these spaces. In
addition civil society has been strengthened through local organizations’ various
participation in training courses on leadership, management and team work. Lastly
the Peru Red Cross has been strengthened through the capacity building of its
volunteers and an expansion of its disaster risk reduction programme.
Our approach to disaster
and crisis management
Our disaster management work often starts long before the onset of a disaster.
National Society volunteers and staff support their communities to identify
prevalent hazards and vulnerabilities as well as local capacities and coping
mechanisms. Based on the analysis, the communities develop initiatives to
address risks, ensure local preparedness and response plans exist, improve
early warning systems and where possible advocate for broader, climate-
smart risk reduction measures through local governance processes. National
Societies assist communities also to prepare their response by building local
5
International Federation of Red Cross and Red Crescent Societies
The Red Cross Red Crescent approach to disaster and crisis management Position paper
emergency stock and training community members’ skills in first aid. The more
prepared a community is, the more resilient it will be in the event of a disaster.
After a disaster, the arrival of Red Cross Red Crescent staff and volunteers is
often the first sign to people affected that their cry for help has been heard
and that assistance is on its way. National Society community, branch and
national response teams play a crucial role as first responders. They under-
stand local needs, capacities and vulnerabilities. They provide timely assis-
tance and are able to find locally driven, sustainable solutions. The volunteers
can immediately take life-saving actions such as search and rescue, first aid,
and evacuation. This is reinforced with the provision of basic needs including
food and emergency health care, shelter, clean water and sanitary conditions.
Our assistance reaches well beyond the perceived or announced end of an
emergency phase. Since Red Cross and Red Crescent volunteers and staff are
part of the local community, they continue to support the recovery of those
affected. Recovery assistance builds on the affected people’s spontaneous
efforts to cope, recover and rebuild. It starts early, alongside relief, seeking
to assist people over the peak of the crisis and continues into the midterm to
build more resilient lives. Recovery programming comprises of well-linked
action to protect and restore livelihoods, enhance food security as well as a
wide range of other actions such as community and public health, temporary
and longer term shelter provision, protection and psychosocial support. These
activities are undertaken in a way that reduces dependency, mitigates conflict
and works towards meeting longer-term risk reduction objectives.
Communities do not separate out their needs into sectors and neither does the
IFRC. Our integrated approach to disaster management means that instead
of providing one standard type of sector-based assistance, we aim to tailor
our assistance to meet the varying needs of individuals and communities
in a manner, which is holistic and complementary to the efforts of the local
authorities, international agencies and local civil society organizations.
Thanks to our network of National Societies and our global response system we
are able to mobilize resources and expertise from around the world to comple-
ment local response when required. The IFRC has a number of long-established
and effective response capacity, tools and systems that can be activated imme-
diately and deployed to the scene of a disaster within hours. They include
Field Assessment and Coordination Teams (FACT), Regional Disaster Response
Teams (RDRTs) and Emergency Response Units (ERUs), forming a seamless
arrangement that connects global, regional, national and local capabilities.
IFRC’s disaster management resources also include relief and logistics hubs
placed close to disaster-prone areas and an extensive network of pre-posi-
tioned relief goods stored in warehouses that ensure people affected by disas-
ter or crisis can be reached with life-saving assistance as soon as possible.
Investments are made in information management tools, such as the Disaster
Management Information System (DMIS), which provide timely disaster infor-
mation and analysis to disaster managers. In every context, the IFRC places
great importance on the security, safety and well-being of Red Cross Red
Crescent staff and volunteers, and strives to enable them to operate in as safe
and secure manner as possible.
Having the capacity to prepare for, respond to and recover from disasters today
does not automatically imply that the capacity exists years down the line.
Therefore, continuous capacity building is a key part of the IFRC disaster and
International Federation of Red Cross and Red Crescent Societies
6
Relief and recovery
side by side in Kenya
In early 2011 the Kenya Red
Cross Society (KRCS) launched
an appeal to undertake mitigating
and preventive early action on a
drought and food insecurity situation
which was expected to worsen.
The activities included livelihoods
support and water and sanitation
short- and long term assistance in
the affected communities.
When the drought and food insecurity
situation worsened later in 2011, the
KRCS and IFRC response used a two-
pronged approach to meeting the
needs of the affected populations.
They implemented emergency
activities designed to meet
immediate humanitarian needs of the
affected, including provision of relief
food and water. The society is also
implementing medium to long term
interventions aimed at rebuilding
the communities’ resilience to future
disasters through early recovery
initiatives like seed and agricultural
innovation. This combined approach
aims to at the same meet immediate
life-saving needs and to address
underlying causes of vulnerability in
the long term.
crises management approach. Overall, as an outcome of any disaster response
operation, we aim to achieve safer, more resilient communities and stronger,
better prepared National Societies.
Our response to small and mid-
scale disasters and crises
While large-scale disasters are often given much media attention and absorb
much of our capacities and energies at global level, most disasters are small-
scale and managed at the local level. In fact, our experience is that 80 per cent
of disasters are managed locally without regional or international involvement.
These smaller scale disasters affect a large majority of all disaster victims.
Even though they are not visible on TV screens all over the globe, they require
a timely and effective response.
For small and mid-scale disasters, the National Red Cross and Red Crescent
Societies are well placed to respond with trained volunteers forming national
and local disaster response teams. The response is planned and executed by
the National Society in the affected country, with the IFRC providing addi-
tional support or coordination upon request. This support can be in the form
of technical support for strengthening National Response Teams (NRT) or a
financial contribution from the Disaster Relief Emergency Fund (DREF). In
2010, 17.4 million Swiss francs in financial support were allocated to National
Societies responding to small and medium-scale disasters where no inter-
national emergency appeal was launched, and provided direct assistance to
more than 12 million people affected by small-scale disasters.
On request, the IFRC will also send technical specialists to the affected coun-
try to help with the response and coordinate offers of assistance from sister
societies in the region and worldwide. In this way, the IFRC supports and
complements the efforts of the National Society and competent authorities
but does not replace them or add unnecessary bureaucracy that may lead to
duplication of effort or resources.
Our response to large-scale disasters and crises
Large or complex disasters can overwhelm even the most developed and pre-
pared country and its National Society. A different range of tools and systems
are required in these contexts. When a massive disaster occurs in a region,
and at the request of the affected societies, the IFRC activates its global surge
capacity and response mechanisms which draw on the skilled personnel and
resources available across the Movement. These include:
Emergency Response Units (ERU): Each ERU is a self-sufficient international
team of trained technical specialists with pre-packed sets of standardized
emergency response equipment that can be deployed to the scene of a disaster
within 48 hours. They are designed to be self-sufficient for one month and can
operate for up to four months, giving support to National Societies in provid-
ing life-saving assistance in the areas of, water and sanitation, health care,
relief distribution, logistics and IT and telecommunications.
Field Assessment and Coordination Team (FACT): These comprise experienced
Red Cross Red Crescent disaster managers from across our global network that
help National Societies to respond effectively to disasters by assessing urgent
needs and facilitating and coordinating the start up of response activities.
7
Haiti hearthquake
For the Haiti earthquake response
operation in 2010, a total of 21 ERUs
and three other response teams
were deployed by IFRC. These units
assisted in providing services to
hundreds of thousand earthquake
survivors by establishing and
operating field hospitals, water
treatment plants, logistics bases,
portable operational centres,
emergency telecommunication
infrastructure and sanitation
facilities as well as distributing
emergency supplies and shelters.
International Federation of Red Cross and Red Crescent Societies
The Red Cross Red Crescent approach to disaster and crisis management Position paper
FACT is on standby and can be deployed anywhere in the world within 24
hours, for a period of up to four weeks.
Regional Disaster Response Teams (RDRT): promote the building of regional
capacities in disaster management. An RDRT team is composed of National
Red Cross or Red Crescent Society volunteers or staff, usually members of their
own national response teams, trained to work as a team and bring assistance
to National Societies in neighboring countries. They are made up of a core
group of people with cross-sector expertise, such as health and nutrition, food
security and livelihoods, logistics, water and sanitation, as well as generalist
relief workers. Most are vastly experienced at providing disaster response in
their own countries as well as regionally.
Operational recovery surge capacity is also available and can be deployed by
the IFRC as early as possible to provide additional and specialist capacity in
detailed assessment, analysis and programme design.
The IFRC will, on request, launch and manage an emergency appeal and coor-
dinate the response by partners within the Red Cross Red Crescent system and
externally, such as with the UN family, civil society and other humanitarian orga-
nizations. These mechanisms form a coordinated response system which allows
us to provide timely life-saving and recovery assistance anywhere in the world.
The way forward – how we
meet future challenges
We will scale up the quantity and quality of our actions to meet as many of the
needs of vulnerable people as our collective resources permit. In the face of
the growing complexity of disasters and challenges to coordination posed by
the emergence of other actors such as the military and private sector organ-
isations, we will continue to promote the Fundamental Principles and well-
coordinated humanitarian action. We will adapt our prevention, preparedness
and response measures so that they are suited for urban context and address
tensions and community conflicts. We will pay special attention to vulnerable
groups such as women, youth, elderly and marginal groups in society.
Collectively and individually we will work to:
Save lives and livelihoods by responding
to disasters and crises in an effective,
coherent and timely manner
We prioritize help to the most vulnerable and ensure that immediate emer-
gency needs are being met. To do this effectively, needs assessment and logis-
tics systems have to interface seamlessly and match the information on unmet
needs with the information on the assistance on its way. We will better align
our systems and practices so that this essential information is available to
our disaster managers in a timely manner.
Early recovery planning must start in parallel with initial relief efforts to
ensure coherent and well-linked disaster response. We are scaling up our
surge capacity for recovery and further developing our recovery programming
tools, such as detailed multi-sector needs assessments.
International Federation of Red Cross and Red Crescent Societies
8
Effective and relevant response requires an in-depth understanding of com-
munities as social entities and economic units as well as their respective local
and national environments. We will more consciously build relations with
key opinion leaders and decision makers and influence them – what we now
call humanitarian diplomacy – to create conducive environments for both
immediate response as well as mid to longer term recovery work.
In the context of climate related threats and environmental degradation, our
risk-informed response will need to assist communities to develop solutions
which promote sustainable management of natural resources and take into
account the current and future effects of climate change. The IFRC reference
centers for psychosocial support, livelihoods/food security and climate change
are well placed to provide expertise to National Societies who work closely
with various communities to build their resilience.
Wherever possible, disaster response activities will be led by staff and vol-
unteer teams from the National Society of the country where the disaster or
crisis has occurred. We will strengthen this crucial local response capacity.
When the situation requires, we will continue to draw complementary support
from our extensive Red Cross Red Crescent global network and external part-
ners. And we will ensure that our eventual withdrawal from internationally
coordinated and supported relief operations is prepared for from the outset
through careful planning. This will include analysing and deciding how best
to hand over specific activities and programmes to relevant national and
local partners including government and local authorities as well as the host
National Society. An example of this is our work in Haiti, where the IFRC pro-
vided daily access to clean water for over 300 000 people during the extended
emergency phase and is handing over responsibility for provision of safe water
to the national water authority as it is able to resume its pre-disaster functions.
We will continuously analyse humanitarian trends, advance our knowledge
management tools, incorporate lessons learned from previous operations, and
retain the flexibility to adapt quickly and effectively in a changing world. This
includes further fostering approaches such as cash transfer programming
which empowers people affected by disaster and crisis to meet their needs
according to their priorities and supports the recovery of the local economy.
Invest in community preparedness
and risk reduction
Communities all over the world are being exposed to more frequent extreme
weather events, food shortages and other natural hazards. These hazards only
become disasters when they disturb or destroy a community’s ability to func-
tion normally. Therefore, scaling up in preparedness and resilience-building is
the key in anticipating and coping with these future threats. With our invest-
ment – 88 million Swiss francs spent in 2010 on Red Cross and Red Crescent
bilateral and multilateral disaster risk reduction programmes, we want to
broaden the coverage of the preparedness and risk reduction measures and
ensure effective identification of urban, environmental and climate-related
risks. Furthermore, we strive to build our approaches based on evidence.
This includes utilizing global indicators, developing cost-benefit analysis of
risk reduction measures and establishing vulnerability tracking mechanisms.
9
Pursue well-linked
and coordinated
approaches to achieve
lasting resilience
An example of a resilience building
response is the mangrove-
planting project carried out by
the Indonesian Red Cross (PMI)
together with a sister National
Society along the east coast of
Simeulue Island which was affected
by the 2004 Indian Ocean tsunami.
The project was carried out through
a cash-for-work scheme, which
provides income for the community
involved in the mangrove planting.
Originally, the mangrove plantations
were developed to reduce the risks
from high tides and strong winds.
However, their function went beyond
the risk reduction agenda. It was
found that the community could
use the coastal areas under the
mangroves plantation to cultivate
crab and shrimp. Hence, the
project not only provided a short-
term source of income, but also
introduced a new livelihood option
while addressing the risk of high
tides and strong winds.
International Federation of Red Cross and Red Crescent Societies
The Red Cross Red Crescent approach to disaster and crisis management Position paper
Strengthen organizational preparedness
Organizational preparedness, including contingency planning, is necessary to
tackle more frequent and less predictable localized small and medium scale
disasters, and to strengthen the capacities of our network to respond to major
national, regional and global disasters.
The IFRC and National Societies are striving to act pre-emptively on scientific
early warning information to prepare for impending disasters; this includes
heeding seasonal forecasts for unusual dry or wet conditions to, for example,
pre-position stocks and alert and retrain volunteers to assist in emergency
operations if needed. It also includes more focus on reacting to early warning
signals available at different time scales – from days to decades – for enhanced
local to global contingency planning and preparedness.
We are committed to assisting governments to become better prepared
for the common legal problems related to disaster response. As part of the
International Disaster Response Laws, Rules and Principles (IDRL) programme,
the IFRC and National Societies promote international guidelines to help gov-
ernments strengthen their domestic disaster laws and policies. Using the
guidelines, governments can avoid needless delays in the delivery of humani-
tarian relief while at the same time ensuring better coordination and quality
of the assistance provided
Place people affected by disaster and
crisis in the centre of what we do
We have learnt that participatory approaches work best in strengthening and
sustaining community resilience. Our experience working with crisis and
disaster-affected populations is that empowering people to make their own
decisions and giving them choice ensures that our assistance is relevant and
supports the dignity of the affected people. We aim to place the people most
affected by disasters and crisis in the centre of our actions and be full part-
ners in their recovery. We also analyse community dynamics and possible
tensions to ensure that the support we provide builds togetherness in com-
munities without exacerbating existing tensions. Advanced tools and practices
for communication and feedback with the affected people are being employed,
utilising traditional local methods as well as modern technology solutions.
Maximize the leverage and influence of
Red Cross Red Crescent value
The public, donors and partner organizations look to the IFRC and its member
societies for opportunities to support our mission through offers of assistance
such as volunteering, donations and partnering. To expand our scope and
reach, and make good on this trust from the public, we need to maximize
these opportunities and offers of assistance. Evidence-based Red Cross Red
Crescent advocacy and humanitarian diplomacy work will complement our
programmes and services and will include action against stigma and discrimi-
nation of vulnerable people, and promoting equal access to basic health care
and disaster services. And in strengthening our relationships with decision-
makers – in particular governments – we aim to have National Societies sit at
International Federation of Red Cross and Red Crescent Societies
10
Effective
Preparedness
Bangladesh’s cyclone preparedness
programme, run jointly by the
government and the Bangladesh
Red Crescent, has 42,000 trained
volunteers on its books, and has
more than 2,000 multi-function
shelters available. The programme
focuses on preparing people for
disasters by using community-based
volunteers who do everything from
street theatre to classes in schools
to lectures for women’s groups. The
only high-tech aspect is the radios
used by headquarters in Dhaka to
pass warnings to field offices.
The effectiveness of the programme
has been tested in real disasters:
wearing their distinctive yellow
waterproofs and equipped with only
megaphones and drums, volunteers
evacuated hundreds of thousands
people just before Cyclone Sidr, a
category 4 cyclone, struck the country’s
south-west coastal delta in 2007.
the table when humanitarian decisions are made as well as to have a predict-
able and sustainable flow of resources for our humanitarian work.
Partner with others
Innovative partnerships inside the network and externally enable us to access
a wide range of skills, competencies and experiences to add value to our own
capacities. Our commitment to partnership includes a willingness to lead when
we are best able to do so – such as our commitment to IDRL and the Shelter
Cluster. We seek partnerships to improve capacity in flexible programming
delivery via the Cash Learning Partnership as well as our hosting of important
inter-agency initiatives such as the Sphere Project, Code of Conduct, Steering
Committee for Humanitarian Response and the Global Road Safety Project.
Act with a strong focus on results and impact
When resources are entrusted to us to deliver assistance to those in a dire
need, we need to make sure we provide value for money. This means being
cost-effective, relevant to needs of the people and able to present the results
of our work. We will further strengthen our assessment, analysis and plan-
ning as the basis for timely decision-making and quality action that meet or
exceed industry standards. We will engage in meaningful communication
with our beneficiaries to ensure that we continuously improve the efficiency,
effectiveness, relevance, sustainability and impact of our assistance and that
we remain accountable to them. We will monitor our progress against clear
performance indicators, which include gender-specific data, and report on
them from local to global level.
We continue to learn and improve our performance by utilizing tools such
as real-time evaluation, which are undertaken for major operations to coach
disaster managers and to identify successes and challenges in the disaster
management system.
Our impact in disaster
and crisis management
Our endeavours in disaster and crises management will continue to strengthen
the capacities of National Societies and the efficiency of our global disaster
management system to assist people before, during and after disasters and
crises. Ultimately this leads to increased resilience, lessened loss of lives and
property, and reduced suffering due to disasters and crises.
11
Forgotten disasters
The proportionality of funding is
a challenge to the IFRC alongside
with the rest of the humanitarian
community: while more than a
billion Swiss francs was available
in the Movement for the earthquake
response in Haiti, the Red Cross Red
Crescent struggled to raise money
for the at least equally dramatic
crisis in Pakistan and for the food
security crisis in Niger that was
happening at the same time. This
emphasises the importance of using
our brand recognition and reputation
to highlight the needs of people
affected by disasters that attract
less media attention.
International Federation of Red Cross and Red Crescent Societies
The Red Cross Red Crescent approach to disaster and crisis management Position paper
Humanity / The International Red Cross and Red Crescent
Movement, born of a desire to bring assistance without dis-
crimination to the wounded on the battlefield, endeavours,
in its international and national capacity, to prevent and alle-
viate human suffering wherever it may be found. Its purpose
is to protect life and health and to ensure respect for the hu-
man being. It promotes mutual understanding, friendship,
cooperation and lasting peace amongst all peoples.
Impartiality / It makes no discrimination as to nation-
ality, race, religious beliefs, class or political opinions. It
endeavours to relieve the suffering of individuals, being
guided solely by their needs, and to give priority to the
most urgent cases of distress.
Neutrality / In order to enjoy the confidence of all, the
Movement may not take sides in hostilities or engage at
any time in controversies of a political, racial, religious or
ideological nature.
Independence / The Movement is independent. The
National Societies, while auxiliaries in the humanitarian
services of their governments and subject to the laws
of their respective countries, must always maintain their
autonomy so that they may be able at all times to act in
accordance with the principles of the Movement.
Voluntary service / It is a voluntary relief movement not
prompted in any manner by desire for gain.
Unity / There can be only one Red Cross or Red Crescent
Society in any one country. It must be open to all. It must
carry on its humanitarian work throughout its territory.
Universality / The International Red Cross and Red
Crescent Movement, in which all societies have equal
status and share equal responsibilities and duties in help-
ing each other, is worldwide.
The Fundamental Principles of the International
Red Cross and Red Crescent Movement
“In the Red Cross Red Crescent we place people at the heart
of our preparedness, mitigation, response and recovery work
as we believe that local ownership and empowerment are
key for enhanced community resilience. As community-
based responders, Red Cross and Red Crescent volunteers
and staff are often first on the scene of a disaster. Supported
by professional staff, our volunteers cover the last mile into
vulnerable communities to provide early warning, support
them to prepare for disasters and crises, deliver immediate
on site life-saving assistance and remain with the affected
people throughout the post-disaster recovery process. This
first response capacity is complemented by an unrivalled
global surge capacity to scale up our response with national,
regional and international resources. Achievements in response
capacity and coordination are matched by equal advances in
disaster preparedness and risk reduction, and our volunteers
help build resilience to withstand future shocks.”
Bekele Geleta, Secretary General
12
0
9
6
0
0
1
1
/2
0
11
E
4
0
0
www.ifrc.org
Saving lives, changing minds.
