Michael J. Riley, Sr., a veteran attorney with over a
decade of experience in the field of federal emergency management, comments the
call for amendment to section 404 of the Stafford Act.
In a new blog article, Michael J. Riley, Jr. provides
information related to a possible amendment of Section 404 of the Stafford Act.
Formally
named the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(hereinafter “Stafford Act”), the law, which was passed in 1988, provides the
framework for federal disaster and emergency management through the Federal
Emergency Management Agency (“FEMA”).
The Stafford Act amended the Disaster Relief Act of 1974 and authorizes
FEMA to provide financial and logistical assistance upon a presidential
disaster declaration.
The Stafford Act has been amended several times since its
passage in 1988 and has its share of critics regarding areas it needs to be
improved on. One particular subject that
has received recent attention is the call to amend section 404 of the Act.
The Stafford Act authorizes FEMA to oversee the Hazard
Mitigation Grant Program under section 404 and section 406 of the Act. Section 406 is the more limited of the two,
providing discretionary funding to mitigation measures in conjunction with
repairs of disaster damaged facilities.
Such funding is limited to disaster declared counties and eligible
damaged facilities. Section 404 is the
broader program. FEMA provides funding
to the states under section 404 and states may use them anywhere in the state,
not just disaster declared counties.
Such funding is used to prevent or reduce damages caused in the
future.
Current FEMA Administrator Brock Long testified about the
needed changes in section 404 of the Stafford Act in his Senate testimony on
October 31, 2017, before the Senate Committee on Homeland Security and
Governmental Affairs. “The problem with
the way the system is established is you have to get hit to have an
extraordinary amount of post-disaster hurricane grant mitigation funding. I
believe that’s not the right way of doing business.” Administrator Long went on to explain “[t]he
404 money, it would be amazing if we could work with the Senate and this
committee to move that to the front side. On average, I believe we put out $700
million or $800 million in post-disaster mitigation funding. Why are we not
doing that on the front side and get it out of recovery and reduce the
complexities of recovery and put it up front?”
Democratic Senator John Tester noted during the hearing that every dollar
spent on the front end of a disaster would save four dollars on the back end.
Mr. Riley explains. By allowing FEMA to distribute 404
funding for pre-disaster mitigation, the funds could be put to much more
efficient and meaningful use. Currently,
404 funding is only available after disaster strikes and presidential
declaration issued. Once those
conditions are met, then 404 funding is available as part of the recovery
process to mitigate damages from future disasters. Some commentators noted that giving FEMA
flexibility to anticipate and prepare for disasters beforehand would certainly
serve the long-term interests of the nation and promote more efficient
allocation of resources.
Disclaimer: The opinions expressed in this publication are
those of the author. They do not purport to reflect the opinions or views of
FEMA or any government agency.
About Michael Jerome Riley, Sr.
Trained as a lawyer, J.D., University of
Tennessee-Knoxville (1980), Michael J. Riley, Sr. currently serves FEMA as an
Emergency Manager, Federal Emergency Management Agency, Operations Division
Supervisor. Primary role is to ensure that efficient, effective communication
and coordination between the Federal, State, Local, Tribal and/or Territorial
(SLTT) governments at the lowest level of the incident on behalf of the
incident management organization. Ensures that all actions are consistent with
and support the incident objectives and the working assignments identified in
the Incident Action Plan (IAP) for each Operational Period; and clear any
proposed deviation to IAP and/or incident objective. Expertise includes Small
and Disadvantaged Business Enterprises, contract compliance, procurement and
development issues, and Civil Rights.
Disclaimer: The opinions expressed in this publication are
those of the author. They do not purport to reflect the opinions or views of FEMA
or any government agency.
