Giuseppe
Emeritus
Would an Influenza Pandemic Qualify as a Major Disaster Under the Stafford Act? [CRS Report for USA Congress, Excerpts]
Would an Influenza Pandemic Qualify as a Major Disaster Under the Stafford Act?
Summary
This report provides a legal analysis of the eligibility of an influenza pandemic (flu pandemic) to be declared by the President as a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
In 1997, the discovery of a virulent H5N1 strain of avian influenza (bird flu) raised the possibility of a flu pandemic occurring in the United States.
In such an event, the Stafford Act could provide authority for federal assistance.
Although it is widely agreed that emergency assistance under the Stafford Act could be provided by the President in the event of a flu pandemic, questions remain as to whether major disaster assistance would be available.
An analysis of the Stafford Act suggests that this issue was not addressed by Congress when it drafted the current definition of a major disaster, and that neither inclusion nor exclusion of flu pandemics from major disaster assistance is explicitly required by the current statutory language.
In the 109th Congress, ? 210 of S. 3721 would have made any outbreak of infectious disease explicitly eligible for major disaster assistance, but it was not enacted.
Would an Influenza Pandemic Qualify as a Major Disaster Under the Stafford Act?
The Threat of an Influenza Pandemic
In 1997, a virulent strain of avian influenza (bird flu) was discovered in Asia.
Hundreds of people in Europe and Asia have suffered from severe illness caused by the virus, but the virus has not, at this time, developed the ability to spread easily from person to person.1
Were that to happen, a global pandemic could ensue.
The Department of Health and Human Services (HHS) defines pandemic influenza as a ?virulent human flu that causes a global outbreak, or pandemic, of serious illness. Because there is little natural immunity, the disease can spread easily from person to person.?2
According to HHS, an influenza pandemic (flu pandemic), ?unlike natural disasters or terrorist events,? could be widespread, affecting multiple areas of the United States and other countries at the same time.
They postulate that a pandemic could be an extended event, with multiple waves of outbreaks in the same geographic area.
HHS further maintains that each outbreak could last from six to eight weeks and waves of outbreaks may occur over a year or more.3
In the event of a flu pandemic, the Robert T. Stafford Disaster Relief and Emergency Assistance Act could provide authority for federal assistance to individual victims and affected communities.
The specific types of assistance that could be made available are discussed below.4
An Overview of the Stafford Act
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act)5 authorizes the President to issue major disaster or emergency declarations in response to incidents that overwhelm state and local governments.
Either type of declaration would authorize the distribution of a wide range of federal aid to individuals and families, certain nonprofit organizations, and public agencies, but major disaster and emergency classifications each trigger different kinds and amounts of assistance from the federal government.
Under the Stafford Act, a major disaster is defined as
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 chapter 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.6
A major disaster declaration authorizes the President to offer a variety of federal assistance, although none is specifically required to be provided.7
The types of general federal assistance available include directing federal agencies to support in assistance efforts, coordinating assistance efforts, providing technical and advisory assistance, and distributing supplies and emergency assistance.
Under the major disaster classification, there are also more specific provisions, including repair and restoration of federal facilities, removal of debris, housing assistance, unemployment assistance, emergency grants to assist low-income migrant and seasonal farmworkers, food coupons and distribution, relocation assistance, crisis counseling assistance and training, community disaster loans, emergency communications, and emergency public transportation.8
In contrast the Stafford Act defines an emergency as
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.9
An emergency declaration authorizes limited federal assistance when compared to a major disaster classification.10
The emergency declaration would not authorize grants, unemployment assistance, food coupons, crisis counseling assistance and training, or community disaster loans as would be available through a major disaster declaration.
An emergency declaration would authorize technical and advisory assistance to affected state and local governments for certain needs; emergency assistance through federal agencies; clearance of debris; housing assistance; and assistance in the distribution of medicine, food, and other consumable supplies.
The total amount of assistance available is also limited in an emergency declaration to $5 million, ?unless the President determines that there is a continuing need; Congress must be notified if the $5 million ceiling is breached.?11 (...)
-
Full text: http://www.fas.org/sgp/crs/misc/RL34724.pdf
------
Would an Influenza Pandemic Qualify as a Major Disaster Under the Stafford Act?
Summary
This report provides a legal analysis of the eligibility of an influenza pandemic (flu pandemic) to be declared by the President as a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
In 1997, the discovery of a virulent H5N1 strain of avian influenza (bird flu) raised the possibility of a flu pandemic occurring in the United States.
In such an event, the Stafford Act could provide authority for federal assistance.
Although it is widely agreed that emergency assistance under the Stafford Act could be provided by the President in the event of a flu pandemic, questions remain as to whether major disaster assistance would be available.
An analysis of the Stafford Act suggests that this issue was not addressed by Congress when it drafted the current definition of a major disaster, and that neither inclusion nor exclusion of flu pandemics from major disaster assistance is explicitly required by the current statutory language.
In the 109th Congress, ? 210 of S. 3721 would have made any outbreak of infectious disease explicitly eligible for major disaster assistance, but it was not enacted.
Would an Influenza Pandemic Qualify as a Major Disaster Under the Stafford Act?
The Threat of an Influenza Pandemic
In 1997, a virulent strain of avian influenza (bird flu) was discovered in Asia.
Hundreds of people in Europe and Asia have suffered from severe illness caused by the virus, but the virus has not, at this time, developed the ability to spread easily from person to person.1
Were that to happen, a global pandemic could ensue.
The Department of Health and Human Services (HHS) defines pandemic influenza as a ?virulent human flu that causes a global outbreak, or pandemic, of serious illness. Because there is little natural immunity, the disease can spread easily from person to person.?2
According to HHS, an influenza pandemic (flu pandemic), ?unlike natural disasters or terrorist events,? could be widespread, affecting multiple areas of the United States and other countries at the same time.
They postulate that a pandemic could be an extended event, with multiple waves of outbreaks in the same geographic area.
HHS further maintains that each outbreak could last from six to eight weeks and waves of outbreaks may occur over a year or more.3
In the event of a flu pandemic, the Robert T. Stafford Disaster Relief and Emergency Assistance Act could provide authority for federal assistance to individual victims and affected communities.
The specific types of assistance that could be made available are discussed below.4
An Overview of the Stafford Act
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act)5 authorizes the President to issue major disaster or emergency declarations in response to incidents that overwhelm state and local governments.
Either type of declaration would authorize the distribution of a wide range of federal aid to individuals and families, certain nonprofit organizations, and public agencies, but major disaster and emergency classifications each trigger different kinds and amounts of assistance from the federal government.
Under the Stafford Act, a major disaster is defined as
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 chapter 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.6
A major disaster declaration authorizes the President to offer a variety of federal assistance, although none is specifically required to be provided.7
The types of general federal assistance available include directing federal agencies to support in assistance efforts, coordinating assistance efforts, providing technical and advisory assistance, and distributing supplies and emergency assistance.
Under the major disaster classification, there are also more specific provisions, including repair and restoration of federal facilities, removal of debris, housing assistance, unemployment assistance, emergency grants to assist low-income migrant and seasonal farmworkers, food coupons and distribution, relocation assistance, crisis counseling assistance and training, community disaster loans, emergency communications, and emergency public transportation.8
In contrast the Stafford Act defines an emergency as
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.9
An emergency declaration authorizes limited federal assistance when compared to a major disaster classification.10
The emergency declaration would not authorize grants, unemployment assistance, food coupons, crisis counseling assistance and training, or community disaster loans as would be available through a major disaster declaration.
An emergency declaration would authorize technical and advisory assistance to affected state and local governments for certain needs; emergency assistance through federal agencies; clearance of debris; housing assistance; and assistance in the distribution of medicine, food, and other consumable supplies.
The total amount of assistance available is also limited in an emergency declaration to $5 million, ?unless the President determines that there is a continuing need; Congress must be notified if the $5 million ceiling is breached.?11 (...)
-
Full text: http://www.fas.org/sgp/crs/misc/RL34724.pdf
------