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Stafford Disaster Relief and Emergency Assistance Act

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The Robert T. Stafford Disaster Relief and Emergency Assistance Act ( Stafford Act ) is a 1988 United States federal law designed to bring an orderly and systematic means of federal natural disaster assistance for state and local governments in carrying out their responsibilities to aid citizens. Congress's intention was to encourage states and localities to develop comprehensive disaster preparedness plans, prepare for better intergovernmental coordination in the face of a disaster, encourage the use of insurance coverage, and provide federal assistance programs for losses due to a disaster.

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107-657: The Stafford Act is a 1988 amended version of the Disaster Relief Act of 1974 . It created the system in place today by which a presidential disaster declaration or an emergency declaration triggers financial and physical assistance through the Federal Emergency Management Agency (FEMA). The Act gives FEMA the responsibility for coordinating government-wide relief efforts. The Federal Response Plan includes contributions from 28 federal agencies and non-governmental organizations, such as

214-657: A Title V declaration of emergency for the District of Columbia, citing high unemployment as a disaster in the District. Under Title V of the Act, the president may make an emergency declaration on behalf of an area that is under Federal jurisdiction, which includes Washington, DC. He directed FEMA and other cabinet departments to use the Stafford Funds for jobs programs in the District. Disaster Relief Act of 1974 The Disaster Relief Act of 1974 (Public Law 93-288)

321-402: A civil penalty of no more than $ 5,000 per violation. The last portion of Title III, Section 322, sets forth the requirements of mitigation plans. Each plan developed by a local or tribal government must both describe actions to mitigate hazards and risks identified under the plan and it must establish a strategy to implement those actions. State plans must do four things. The first is to describe

428-534: A criticism by the authors of the Frontline article. Including the provision in the Stafford Act that requires buildings that are destroyed to be rebuilt the same way that they were standing before the disaster occurred. For example, if a 50-year-old hospital was destroyed during a disaster, the Stafford Act would require the building to be constructed exactly how it was without any updates to the building. This

535-415: A hazard, governments are expected to evacuate personnel to shelter areas, control traffic and panic, and control use of civil communications. After a hazard has occurred, governments must provide services such as fire fighting, rescue, emergency medical, health and sanitation. They must also remove debris and repair or restore essential facilities. Title VI also sets out the authority and responsibilities of

642-471: A local government has lost such a substantial amount of revenues that they cannot perform essential government responsibilities, the President is authorized to provide Community Disaster Loans. The loan amounts are based on need and cannot exceed either (1) 25 percent of the annual operating budget of that local government for the fiscal year in which the disaster occurs and not exceeding $ 5,000,000, or (2) if

749-485: A major disaster are to be made by the governor of the state. When a disaster occurs, the governor executes the state's emergency plan. If the Governor then decides that the disaster is of such severity that the state and affected local governments cannot possibly handle the effects of the disaster, the Governor will make a request to the President explaining the amount of resources they currently have available and commit to

856-431: A major disaster. A major service provider is defined as either: a telecommunications service, electrical services, natural gas, water and sewer services, or, is a municipal entity, nonprofit entity, or private entity that is responding to the disaster. Types of housing assistance are identified under this title. The President can provide financial assistance to be used for individuals wishing to rent alternate housing during

963-493: A major disaster. The bill passed the House by a large margin, but was criticized by opponents for using taxpayer money to help tax-exempt organizations and for violating the principle of separation of church and state . In 2015, the Stafford Act was used in an episode of House of Cards as a way for President Frank Underwood to fund his signature jobs program, AmericaWorks. In the episode, Underwood used Stafford Act funds under

1070-402: A major disaster. The federal share of the costs eligible for housing assistance is 100 percent. Title V explains the process a state must follow to request that the President declare an emergency. Every request for the President to declare an emergency must come from the governor of the state. In order for a request to be made, the Governor must deem that the situation is beyond the potential for

1177-526: 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." Title VII gives the President the authority to determine any rule or regulation that may be necessary to carry out the powers that he

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1284-464: A military defense force stagnated as they focused on other concerns relevant to setting up the new government. President George Washington went to Congress to remind them of their duty to establish a military twice during this time. Finally, on the last day of the session, September 29, 1789, Congress created the War Department . The War Department handled naval affairs until Congress created

1391-450: A time of emergency. The President may also provide temporary housing units directly to the displaced citizens affected by a major disaster. This type of assistance ends after the 18-month period beginning on the date the President declares the major disaster. The President does have the authority to extend the period if they deem it necessary. The President may also provide funds for the repair or replacement of owner-occupied housing damaged by

1498-461: Is an interstate mutual aid agreement that was developed out of the need to assist and coordinate resources across states in the event of a disaster situation." These compacts strive to deliver materials and services quickly to affected areas during an emergency. These plans must be submitted to the Senate and House of Representatives. The FEMA director has the ability to give financial contributions to

1605-482: Is given in the Act. This can be either through a federal agency, or any other means the President sees fit. Payment deadlines were also established under this Title. Payment of any approved assistance is to be distributed within 60 days of the approval. Any donation, bequest, or gift received under the subsection is to be deposited into a separate fund on the books of the United States Department of

1712-610: Is not military, such as the Department of Homeland Security, counter-terrorism spending by the FBI, and intelligence-gathering spending by the NSA. In the 2010 United States federal budget , the Department of Defense was allocated a base budget of $ 533.7 billion, with a further $ 75.5 billion adjustment in respect of 2009, and $ 130 billion for overseas contingencies. The subsequent 2010 Department of Defense Financial Report shows

1819-540: Is the secretary and their deputies, including predominantly civilian staff. OSD is the principal staff element of the Secretary of Defense in the exercise of policy development, planning, resource management, fiscal and program evaluation and oversight, and interface and exchange with other U.S. federal government departments and agencies, foreign governments, and international organizations, through formal and informal processes. OSD also performs oversight and management of

1926-522: Is to be limited to no more than $ 5 million, except when the President determines additional funds are needed. If additional funds are needed, the President must report to Congress on the extent of the additional need. Title VI explains the measures that have to be undertaken to prepare for anticipated hazards including creating operational plans, recruiting and training personnel, conducting research, stockpiling necessary materials and supplies, creating suitable warning systems, and constructing shelters. During

2033-704: The American Red Cross . It is named for Vermont Sen. Robert Stafford (in Senate 1971–89), who helped pass the law. Congress amended it by passing the Disaster Mitigation Act of 2000 , in 2006 with the Pets Evacuation and Transportation Standards Act , and again in 2018 with the Disaster Recovery Reform Act (DRRA). Title I provides the intent of Congress to ensure continued and orderly assistance from

2140-769: The Central Intelligence Agency , the National Security Council , National Security Resources Board , United States Air Force , and the Joint Chiefs of Staff . The act placed the National Military Establishment under the control of a single secretary of defense . The National Military Establishment formally began operations on September 18, the day after the Senate confirmed James V. Forrestal as

2247-970: The Eisenhower School (ES) and the National War College (NWC). Faced with rising tensions between the Thirteen Colonies and the British government , one of the first actions taken by the First Continental Congress in September 1774 was to recommend that the colonies begin defensive military preparations. In mid-June 1775, after the outbreak of the Revolutionary War , the Second Continental Congress , recognizing

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2354-523: The Navy Department in 1798. The secretaries of each department reported directly to the president as cabinet-level advisors until 1949, when all military departments became subordinate to the Secretary of Defense. After the end of World War II , President Harry Truman proposed the creation of a unified department of national defense. In a special message to the Congress on December 19, 1945,

2461-674: The Office of the Director of National Intelligence . They fulfill the requirements of national policymakers and war planners, serve as Combat Support Agencies , and also assist and deploy alongside non-Department of Defense intelligence or law enforcement services such as the Central Intelligence Agency and the Federal Bureau of Investigation . The military services each have their intelligence elements that are distinct from but subject to coordination by national intelligence agencies under

2568-576: The Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-707). This act was further amended by the Disaster Mitigation Act of 2000. This United States federal legislation article is a stub . You can help Misplaced Pages by expanding it . United States Department of Defense The United States Department of Defense ( DoD , USDOD , or DOD ) is an executive branch department of

2675-703: The deputy secretary of defense . Secretaries of military departments, in turn, normally exercise authority over their forces by delegation through their respective service chiefs (i.e., Chief of Staff of the Army , Commandant of the Marine Corps , Chief of Naval Operations , Chief of Staff of the Air Force , and Chief of Space Operations ) over forces not assigned to a Combatant Command . Secretaries of Military Departments and service chiefs do not possess operational command authority over U.S. troops (this power

2782-799: The federal government of the United States charged with coordinating and supervising all agencies and functions of the U.S. government directly related to national security and the United States Armed Forces . As of November 2022, the U.S. Department of Defense is the second largest employer in the world after India (and potentially China, if including the Central Military Commission), with over 1.4  million active-duty service personnel, including soldiers, marines, sailors, airmen, and guardians. The Department of Defense also maintains over 778,000 National Guard and reservists, and over 747,000 civilians, bringing

2889-518: The fiscal year 2024 (FY2024) presidential budget request was $ 842   billion. In January 2023 Treasury Secretary Janet Yellen announced the US government would hit its $ 31.4   trillion debt ceiling on 19 January 2023; the date on which the US government would no longer be able to use extraordinary measures such as issuance of Treasury securities is estimated to be in June 2023. On 3 June 2023,

2996-578: The 2018 DRRA, which significantly amended the Stafford Act. Mainly, it expanded eligibility for hazard mitigation funding by allowing the President to contribute up to 75% of the cost of hazard mitigation measures that they determine to be cost effective and increasing resilience, and to set aside funding for pre-disaster mitigation from the Disaster Relief Fund. It also expanded eligibility for both recipients and providers of disaster relief funds in certain areas. There are diffuse criticisms of

3103-486: The 50 states. At one point, more than one hundred federal agencies were involved in handling disasters and emergencies. The Act also helped give more fixed relief to disaster survivors. In 1979, President Jimmy Carter consolidated many of them into the new Federal Emergency Management Agency (FEMA) by Executive Order 12127. In November 1988, the United States Congress amended the Act and renamed it

3210-646: The Army , Secretary of the Navy and Secretary of the Air Force ), appointed by the president, with the advice and consent of the Senate . They have the legal authority under Title 10 of the United States Code to conduct all the affairs of their respective departments within which the military services are organized. The secretaries of the Military Departments are (by law) subordinate to the secretary of defense and (by SecDef delegation) to

3317-603: The CIA's human intelligence efforts while also focusing on military human intelligence priorities. These agencies are directly overseen by the Under Secretary of Defense for Intelligence and Security . The Joint Chiefs of Staff (JCS) is a body of senior uniformed leaders in the Department of Defense who advise the secretary of defense, the Homeland Security Council , the National Security Council and

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3424-739: The Chairman of the Joint Chiefs of Staff (CJCS) as the "principal military adviser to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense". The remaining Joint Chiefs of Staff may only have their advice relayed to the President, National Security Council, the Homeland Security Council , or the Secretary of Defense after submitting it to the CJCS. By law,

3531-486: The Comptroller General any records, books, or papers necessary to conduct an audit. Lastly, a plan must include a way to provide emergency preparedness information to the public (included limited English speakers and those with disabilities) in an organized manner. The last portion of Title VI addresses security regulations. No FEMA employee is allowed to be in a position of critical importance, as defined by

3638-562: The Defense Agencies, Department of Defense Field Activities, and specialized Cross Functional Teams . OSD is a parent agency of the following defense agencies: Several defense agencies are members of the United States Intelligence Community . These are national-level intelligence services that operate under the Department of Defense jurisdiction but simultaneously fall under the authorities of

3745-523: The Department of Defense budget, such as nuclear weapons research, maintenance, cleanup, and production, which is in the Department of Energy budget, Veterans Affairs, the Treasury Department's payments in pensions to military retirees and widows and their families, interest on debt incurred in past wars, or State Department financing of foreign arms sales and militarily-related development assistance. Neither does it include defense spending that

3852-474: The Department of Defense. Department of Defense manages the nation's coordinating authorities and assets in disciplines of signals intelligence , geospatial intelligence , and measurement and signature intelligence , and also builds, launches, and operates the Intelligence Community's satellite assets. Department of Defense also has its own human intelligence service , which contributes to

3959-564: The FEMA director for these facilities in a fiscal year and apportioning it among the states in a ratio. "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." The states must also equally match these funds. If they cannot,

4066-600: The FY 2019 budget: "The overall number you often hear is $ 716 billion. That is the amount of funding for national defense, the accounting code is 050 and includes more than simply the Department of Defense. It includes, for example, the Department of Energy and others. That large a number, if you back out the $ 30 billion for non-defense agencies, you get to $ 686 billion. That is the funding for the Department of Defense, split between $ 617 billion in base and $ 69 billion in overseas contingency ". The Department of Defense budget encompasses

4173-520: The FY2018 Budget expired and the FY2019 budget came into effect. The FY2019 Budget for the Department of Defense is approximately $ 686,074,048,000 (Including Base + Overseas Contingency Operations + Emergency Funds) in discretionary spending and $ 8,992,000,000 in mandatory spending totaling $ 695,066,000,000 Undersecretary of Defense (Comptroller) David L. Norquist said in a hearing regarding

4280-812: The Joint Chiefs of Staff ( JCS ) and the Joint Staff ( JS ), Office of the Inspector General ( DODIG ), the Combatant Commands , the Military Departments ( Department of the Army (DA), Department of the Navy (DON) & Department of the Air Force (DAF)), the Defense Agencies and Department of Defense Field Activities , the National Guard Bureau (NGB), and such other offices, agencies, activities, organizations, and commands established or designated by law, or by

4387-588: The NDAA on 14 December 2023. The Senate will next undertake negotiations on supplemental spending for 2024. A government shutdown was averted on 23 March 2024 with the signing of a $ 1.2 trillion bill to cover FY2024. A 2013 Reuters investigation concluded that Defense Finance & Accounting Service , the Department of Defense's primary financial management arm, implements monthly "unsubstantiated change actions"—illegal, inaccurate "plugs"—that forcibly make DoD's books match Treasury's books. Reuters reported that

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4494-508: The National Predisaster Mitigation Fund. States can then develop a mitigation plan that can lessen the impact of a disaster on the public health, infrastructure, and economy of the community. The President can also establish a federal interagency task force to implement predisaster mitigation plans administered by the federal government. The director of the Federal Emergency Management Agency (FEMA) serves as

4601-1106: The National Security Agency ( NSA ), the National Geospatial-Intelligence Agency ( NGA ), and the National Reconnaissance Office ( NRO ). Other Defense agencies include the Defense Advanced Research Projects Agency ( DARPA ), the Defense Logistics Agency ( DLA ), the Missile Defense Agency ( MDA ), the Defense Health Agency ( DHA ), Defense Threat Reduction Agency ( DTRA ), the Defense Counterintelligence and Security Agency ( DCSA ),

4708-472: The Pentagon was the only federal agency that had not released annual audits as required by a 1992 law. According to Reuters, the Pentagon "annually reports to Congress that its books are in such disarray that an audit is impossible". In 2015, a Pentagon consulting firm performed an audit on the Department of Defense's budget. It found that there was $ 125 billion in wasteful spending that could be saved over

4815-450: The President the right to provide technical assistance to states in order to complete a comprehensive plan to prepare against disasters. The President can also administer grants to states to provide funding for the preparation and revitalization of emergency plans. Title II articulates the necessity of a disaster warning system. This includes the readiness of all appropriate federal agencies to issue warnings to state and local authorities and

4922-673: The President to the Secretary of Defense, the service chief of the Unified Combatant Commander(s), and then to the unified combatant commander(s). Also provided in this legislation was a centralized research authority, the Advanced Research Projects Agency , eventually known as DARPA . The act was written and promoted by the Eisenhower administration and was signed into law on August 6, 1958. The Secretary of Defense , appointed by

5029-714: The Space Development Agency ( SDA ) and the Pentagon Force Protection Agency ( PFPA ), all of which are subordinate to the secretary of defense. Additionally, the Defense Contract Management Agency ( DCMA ) is responsible for administering contracts for the Department of Defense. Military operations are managed by eleven regional or functional unified combatant commands . The Department of Defense also operates several joint services schools, including

5136-399: The Stafford Act also does not address voting rights or civic participation issues for those who are displaced during a disaster. Some argue that while the Stafford Act allows the government to provide housing and medical assistance, it does not require it to do so. Any housing, education, or healthcare provided during an emergency and the recovery efforts are provided at the sole discretion of

5243-420: The Stafford Act. The Institute for Southern Studies has stated that the Act needs to give greater latitude to FEMA on how it responds to disasters that are extraordinarily devastating such as Hurricane Katrina . This is especially true for FEMA's ability to provide financial assistance in the form of grants to states and localities suffering after such a disaster. The Institute for Southern Studies has also noted

5350-607: The Stafford Disaster Relief and Emergency Assistance Act is the Federal Disaster Assistance Nonprofit Fairness Act of 2013 (H.R. 592) , a bill that passed in the U.S. House of Representatives on February 13, 2013, during the 113th United States Congress . The bill would make religious organizations and religious non-profits eligible to receive federal funding for repairs and rebuilding of their facilities after

5457-554: The Treasury . Disaster grant closeout procedures under this Title explain that there should be no administrative action in an attempt to recover any payments made to state or local governments for emergency assistance under the Act until three years after the final expenditure report has been transmitted for that emergency. Firearm policies prohibit the confiscation of firearms for any reason other than failure to comply with federal law or as evidence in an investigation. It also prohibits

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5564-609: The Unified Combatant Commands are responsible for military forces' actual operational command. Almost all operational U.S. forces are under the authority of a Unified Command. The Unified Commands are governed by a Unified Command Plan —a frequently updated document (produced by the DoD), which lays out the Command's mission, geographical/functional responsibilities, and force structure. During military operations,

5671-422: The United States , the latter of which is also the commander-in-chief of the United States Armed Forces . Beneath the Department of Defense are three subordinate military departments: the Department of the Army , the Department of the Navy , and the Department of the Air Force . In addition, four national intelligence services are subordinate to the Department of Defense: the Defense Intelligence Agency ( DIA ),

5778-560: The actions to mitigate hazards and risks identified under the plan. Then it must show a way to support the development of a local mitigation plan. The plan must then show how it will provide technical assistance to its local and tribal governments for mitigation plans. Lastly, it must identify and prioritize the mitigation actions that it will support as its resources become available. The President must allow for sufficient public notice and time for public comment (Section 325) before implementing any new or modified policy under this Act that governs

5885-521: The allocation for the Department of Defense was $ 585  billion, the highest level of budgetary resources among all federal agencies, and this amounts to more than one-half of the annual federal expenditures in the United States federal budget discretionary budget . On September 28, 2018, President Donald Trump signed the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019, and Continuing Appropriations Act, 2019 (H.R.6157) into law. On September 30, 2018,

5992-438: The budgeted global military spending – more than the next 7 largest militaries combined. By 2019, the 27th secretary of defense had begun a line-by-line review of the defense budget; in 2020 the secretary identified items amounting to $ 5.7 billion, out of a $ 106 billion subtotal (the so-called "fourth estate" agencies such as missile defense, and defense intelligence, amounting to 16% of the defense budget), He will re-deploy to

6099-404: The chain of command runs from the president to the secretary of defense to the combatant commanders of the Combatant Commands. As of 2019 , the United States has eleven Combatant Commands, organized either on a geographical basis (known as " area of responsibility ", AOR) or on a global, functional basis: Department of Defense spending in 2017 was 3.15% of GDP and accounted for about 38% of

6206-430: The chairman has to present that advice whenever he is presenting his own. The chain of command goes from the president to the secretary of defense to the commanders of the Combatant Commands . Goldwater–Nichols also created the office of vice-chairman, and the chairman is now designated as the principal military adviser to the secretary of defense, the Homeland Security Council, the National Security Council and to

6313-403: The chairperson of the task force. Other members of the task force include relevant federal agencies, state and local organizations, and the American Red Cross . Title III, Section 302 explains that upon the declaration of a major disaster or emergency, the President must appoint a federal coordinating officer to help in the affected area. This coordinating officer helps make initial appraisals of

6420-527: The cost-sharing requirements in the Stafford Act. The President can then declare a major disaster or emergency in the affected area. Title IV sets out the authority of the President during major disasters or emergencies. The president has many powers under this act. These powers include, but are limited to: directing any federal agency to help the affected area (including precautionary evacuations), coordinating all disaster relief assistance, providing technical and advisory assistance (issuing warnings, providing for

6527-440: The debt ceiling was suspended until 2025. The $ 886   billion National Defense Authorization Act is facing reconciliation of the House and Senate bills after passing both houses 27 July 2023; the conferees have to be chosen, next. As of September 2023, a Continuing resolution is needed to prevent a Government shutdown . A shutdown was avoided on 30 September for 45 days (until 17 November 2023), with passage of

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6634-438: The department were streamlined while still maintaining the ordinary jurisdiction of the Military Departments to organize, train, and equip their associated forces. The Act clarified the overall decision-making authority of the secretary of defense concerning these subordinate Military Departments. It more clearly defined the operational chain of command over U.S. military forces (created by the military departments) as running from

6741-439: The director may reallocate the funds to another state. The director must also report to Congress at least once a year regarding all the financial contributions made for emergency preparedness. Title VI then explains the requirements for an emergency preparedness plan. The plan must be in effect in all political subdivisions of the state. It must also be mandatory and supervised by a single state agency. The plan must make known that

6848-442: The director of FEMA, until a full field investigation of the employee is completed. Every federal employee of FEMA acting under the authority of Title VI, except those in the United Kingdom or Canada, must complete a loyalty oath as follows: "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

6955-405: The director of FEMA. The director may prepare and direct federal plans and programs for U.S. emergency preparedness. The director should also delegate emergency responsibilities to federal agencies and state and local governments. Conducting research and training is another responsibility of the director of FEMA. Research should address issues such as shelter design, effective design of facilities and

7062-434: The disbursement of warnings to the public. This title authorizes the President to make use of either the civil defense communication system or any commercial communications systems that are voluntarily given to the president to issue warnings to the public. Predisaster hazard mitigation plans were also detailed in Title II. Under this title, the President can establish a program to provide financial assistance to states through

7169-468: The distribution of food, medicine and other vital supplies to the affected public. The President can provide assistance with debris removal and provide any needed emergency assistance. This Title also gives the President the authority to provide accelerated federal assistance when it has not yet been requested. The federal share of the costs of such efforts is to be no less than 75 percent of the eligible costs. Total assistance under this Act for one emergency

7276-401: The eligible costs. The President has the ability to contribute up to 75 percent of the cost of any state or local hazard mitigation effort that is deemed as cost-effective and substantially reducing the risk of a major disaster. During a major disaster the Governor may request that the President direct the Secretary of Defense to use the resources of the United States Department of Defense for

7383-420: The establishment of regional support teams. Section 304 also explains the reimbursement process for expenditures by federal agencies under the Act. Section 305 states the federal government is not liable for any claims based on "the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of Federal agency or an employee of the Federal Government in carrying out

7490-401: The federal government to state and local governments to relieve hardship and damage that result from disasters. As defined by Title I, an emergency is "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

7597-422: The federal government. Even the rebuilding of medical facilities is discretionary. While the Stafford Act gives instructions about the needs of the disabled and animals during an emergency, it does not specify any requirements for children or the elderly. These groups may have extenuating circumstances that could prevent them from following the same emergency protocol as an average adult. One proposed amendment to

7704-577: The first secretary of defense. The National Military Establishment was renamed the "Department of Defense" on August 10, 1949, and absorbed the three cabinet-level military departments, in an amendment to the original 1947 law. The renaming is alleged to be due to the Establishment's abbreviation, NME, being pronounced "enemy". Under the Department of Defense Reorganization Act of 1958 ( Pub. L.   85–599 ), channels of authority within

7811-426: The forced registration of a firearm for which registration is not required by any federal, state, or local law. The Title also lays out the rights and legal framework for citizens who feel their gun rights have been violated during a time of emergency. The Act also dictates that, in matters of disasters, the federal government is to treat Puerto Rico as a state. Inadequate disaster preparation and response motivated

7918-479: The implementation of any public assistance program or that could result in a major reduction of assistance under the public assistance program. The President shall appoint a Small State and Rural Advocate whose main responsibility is to ensure the fair treatment of small states and rural communities in the provision of assistance under the Act (Section 326). The advocate may also help small states prepare requests for emergency declarations. The procedures for declaring

8025-404: The jurisdiction of other congressional committees. The Department of Defense is unique because it is one of the few federal entities where the majority of its funding falls into the discretionary category. The majority of the entire federal budget is mandatory, and much of the discretionary funding in the budget consists of DoD dollars. * Numbers may not add due to rounding As of 10 March 2023

8132-496: The latest Center for Effective Government analysis of 15 federal agencies which receive the most Freedom of Information Act requests, published in 2015 (using 2012 and 2013 data, the most recent years available), the DoD earned 61 out of a possible 100 points, a D− grade. While it had improved from a failing grade in 2013, it still had low scores in processing requests (55%) and disclosure rules (42%). The organization and functions of

8239-459: The loss of tax and other revenues of the local government as a result of the disaster is at least 75 percent of the annual operating budget of the local government for that fiscal year, 50 percent of the annual operating budget of that local government for the fiscal year in which the disaster occurs, not exceeding $ 5,000,000. The federal government will not have the authority to impede the access of an essential service provider to an area impacted by

8346-578: The majority of the National Defense Budget of approximately $ 716.0 billion in discretionary spending and $ 10.8 billion in mandatory spending for a $ 726.8 billion total. Of the total, $ 708.1 billion falls under the jurisdiction of the House Committee on Armed Services and Senate Armed Services Committee and is subject to authorization by the annual National Defense Authorization Act (NDAA). The remaining $ 7.9 billion falls under

8453-589: The modernization of hypersonics, artificial intelligence, and missile defense. Beyond 2021 the 27th secretary of defense is projecting the need for yearly budget increases of 3 to 5 percent to modernize. The Department of Defense accounts for the majority of federal discretionary spending. In FY 2017, the Department of Defense budgeted spending accounted for 15% of the U.S. federal budget, and 49% of federal discretionary spending , which represents funds not accounted for by pre-existing obligations. However, this does not include many military-related items that are outside

8560-658: The necessity of having a national army that could move about and fight beyond the boundaries of any particular colony, organized the Continental Army on June 14, 1775. This momentous event is commemorated in the U.S. annually as Flag Day . Later that year, Congress would charter the Continental Navy on October 13, and the Continental Marines on November 10. Upon the seating of the 1st U.S. Congress on March 4, 1789, legislation to create

8667-579: The next five years without layoffs or reduction in military personnel. In 2016, The Washington Post uncovered that rather than taking the advice of the auditing firm, senior defense officials suppressed and hid the report from the public to avoid political scrutiny. In June 2016, the Office of the Inspector General released a report stating that the Army made $ 6.5 trillion in wrongful adjustments to its accounting entries in 2015. The Department of Defense failed its fifth audit in 2022, and could not account for more than 60% of its $ 3.5 trillion in assets. In

8774-544: The president cited wasteful military spending and interdepartmental conflicts. Deliberations in Congress went on for months focusing heavily on the role of the military in society and the threat of granting too much military power to the executive. On July 26, 1947, Truman signed the National Security Act of 1947 , which set up a unified military command known as the National Military Establishment and created

8881-608: The president following U.S. Senate confirmation. Each of the individual Military Service Chiefs, outside their Joint Chiefs of Staff obligations, works directly for the secretary of the military department concerned: the Secretary of the Army , Secretary of the Navy , and Secretary of the Air Force . Following the Goldwater–Nichols Act in 1986, the Joint Chiefs of Staff no longer maintained operational command authority individually or collectively. The act designated

8988-559: The president on military matters. The composition of the Joint Chiefs of Staff is defined by statute and consists of the chairman of the Joint Chiefs of Staff (CJCS), vice chairman of the Joint Chiefs of Staff (VCJCS), senior enlisted advisor to the chairman (SEAC), the Military Service chiefs from the Army , Marine Corps , Navy , Air Force , and Space Force , in addition to the chief of National Guard Bureau , all appointed by

9095-478: The president or by the secretary of defense. Department of Defense Directive 5100.01 describes the organizational relationships within the department and is the foundational issuance for delineating the major functions of the department. The latest version, signed by former Secretary of Defense Robert Gates in December 2010, is the first major re-write since 1987. The Office of the Secretary of Defense ( OSD )

9202-470: The president with the advice and consent of the Senate , is by federal law ( 10 U.S.C.   § 113 ) the head of the Department of Defense, "the principal assistant to the President in all matters relating to Department of Defense", and has "authority, direction, and control over the Department of Defense". Because the Constitution vests all military authority in Congress and the president,

9309-570: The president. The Joint Staff (JS) is a headquarters staff at the Pentagon made up of personnel from all five services that assist the chairman and vice chairman in discharging their duties. It is managed by the Director of the Joint Staff (DJS) who is a lieutenant general or vice admiral . There are three military departments within the Department of Defense: The Military Departments are each headed by their secretary (i.e., Secretary of

9416-536: The primary responsibility of the United States exclusive or preeminent responsibility as governed by the United States Constitution or laws. The specific abilities of the President are also explained in this Title. The President can direct any federal agency to use its resources to aid the state or local government in emergency assistance efforts. The President also has the responsibility to coordinate all disaster relief assistance and assist with

9523-427: The provisions of this Act". In general, the expenditure of federal funds for debris clearance, reconstruction, or other emergency assistance which is carried out by contract with private organizations or firms is given to those organizations and firms already residing in or doing business in the affected area (Section 307). Title III, Section 308 explains the government's nondiscrimination requirements. The President has

9630-413: The public health and safety, and participating in recovery activities), distributing medicine, food and other supplies, and providing accelerating federal assistance when the President deems it necessary. Lastly, the President can also provide any emergency communications or public transportation that an affected location might need. The federal share of these types of assistance is no less than 75 percent of

9737-470: The purposes of any emergency work. This work is only allowed to be carried out for 10 days. Emergency work is defined as "clearance and removal of debris and wreckage and temporary restoration of essential public facilities and services". Title IV also provides a framework for many essential governmental functions during an emergency including legal services, relocation assistance, distribution of food coupons and unemployment assistance. If, during an emergency,

9844-476: The red tape that has been associated with the Stafford Act in the Hurricane Katrina recovery efforts. In an article for Frontline , many others agreed that the process of handing out aid was hindered by bureaucratic red tape. This leads to a rather slow response from Washington to diagnose and resolve issues with recovery efforts. Returning buildings to exact pre-disaster conditions was the basis of

9951-644: The right to issue and alter regulations affecting the guidance of personnel carrying out federal assistance in affected areas. These regulations include provisions for ensuring that the distribution of supplies, processing of applications, and other relief activities are accomplished in the fair and impartial way without discrimination on the grounds of color, race, nationality, sex, religion, age, disability, economic status, or English proficiency. It also explains that no geographic areas can be precluded from federal assistance by any type of scale based on income or population. Section 312 explains Duplication of Benefits (DoB),

10058-512: The rule that anyone who receives disaster assistance for a specific loss cannot receive Federal funding for that same specific loss. Penalties are set forth in Section 314 of this title. Any person who misuses the funds obtained under the Act may be fined up to one and one-half times the amount that they misused. The Attorney General may also bring a civil action for relief. Any individual who knowingly violates any part of this Act can be subject to

10165-462: 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

10272-520: The standardization of those designs, and plans that acknowledge the needs of individuals with pets and service animals during an emergency. Training should be provided for emergency preparedness officials and other organizations who participate in emergency situations. One responsibility of the FEMA director is to oversee the development and follow through of emergency preparedness compacts, otherwise known as Emergency Management Assistance Compacts (EMACs). "The Emergency Management Assistance Compact (EMAC)

10379-412: The state must share financial responsibility with the federal government from any source it has determined is consistent with its state laws. It must also provide for the creation of a state and local emergency preparedness plan and the employment of a full-time emergency preparedness director or deputy director by the state. An emergency preparedness plan must also make available to the director of FEMA and

10486-425: The state to manage. To do this, the Governor must begin execution of the state's emergency plan and detail the types and amount of federal aid that will be required. Upon receiving this information the President can then decide if the situation qualifies as an emergency. The President does have the authority to declare an emergency without the Governor's request if the President determines that the emergency falls within

10593-418: The states for emergency preparedness purposes. These purposes typically include construction, leasing, and renovating of materials and facilities. The amount contributed by the director must be equally matched by the state from any source it finds is consistent with its laws. Any contribution given to a state for shelters or other protective facilities is determined by taking the total amount of funds available to

10700-474: The statutory authority of the secretary of defense is derived from their constitutional authority. Since it is impractical for either Congress or the president to participate in every piece of Department of Defense affairs, the secretary of defense and the secretary's subordinate officials generally exercise military authority. The Department of Defense is composed of the Office of the Secretary of Defense ( OSD ),

10807-410: The threat of a catastrophe in any part of the United States A major disaster is defined as any natural catastrophe, fire, flood, or explosion, determined by the president to warrant the additional resources of the federal government to alleviate damages or suffering they cause". Title II authorizes the President to establish a disaster preparedness program that utilizes the appropriate agencies and gives

10914-456: The total budgetary resources for fiscal year 2010 were $ 1.2 trillion. Of these resources, $ 1.1 trillion were obligated and $ 994 billion were disbursed, with the remaining resources relating to multi-year modernization projects requiring additional time to procure. After over a decade of non-compliance , Congress has established a deadline of Fiscal year 2017 for the Department of Defense to achieve audit readiness . In 2015

11021-479: The total to over 2.91  million employees. Headquartered at the Pentagon in Arlington County, Virginia , just outside Washington, D.C. , the Department of Defense's stated mission is "to provide the military forces needed to deter war and ensure our nation's security". The Department of Defense is headed by the secretary of defense , a cabinet-level head who reports directly to the president of

11128-417: The types of relief most needed, establishes field offices, and coordinates the administration of relief among the state, localities, and nonprofits. According to Section 303, the President must also form emergency support teams staffed with federal personnel. These support teams are sent to affected areas to help the federal coordinating officer carry out his or her responsibilities. The President also helps with

11235-502: Was passed into law by the then President Richard Nixon as a United States federal law that established the process of presidential disaster declarations. The bill was introduced by Senator Quentin Burdick on February 26, 1974. The bill passed 91–0 as amended on April 10, 1974, and the House agreed to the conference report by a vote of 392–0 on May 15, 1974. It was to better handle the array of disasters that occur annually throughout

11342-428: Was remedied by the 2018 DRRA. Other criticisms of the Stafford Act focus on human rights issues that are present during emergencies and recovery efforts. The Stafford Act does not require that the federal government ensure displaced persons have the ability to participate in governmental decisions that affect the recovery efforts. This includes not only access to public forums about recovery planning and management, but

11449-536: Was stripped from them in the Defense Reorganization Act of 1958 ), and instead, Military Departments are tasked solely with "the training, provision of equipment, and administration of troops." A unified combatant command is a military command composed of personnel/equipment from at least two Military Departments, which has a broad/continuing mission. These military departments are responsible for equipping and training troops to fight, while

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