Subsequent to the DRA of 1950, Congress passed the Disaster Relief Acts of 1966 and 1969, neither of which affected any provisions relevant to this discussion, although the 1969 Act did create the FCO position.141 On December 31, 1970, Congress passed the Disaster Relief Act of 1970,142 which repealed the DRA of 1950 and DRA of 1969 in their entirety and all but one section of the DRA of 1966. The provisions of Sections 3, 5(a) and 7 of the DRA of 1950 were all recodified in Section 203 of the DRA of 1970. Section 3 became Section 203(a), although the section for reimbursing federal agencies was peeled off into its own Section 203(c), Section 5(a) became Section 203(f), and Section 7 became Section 203(e).143
This recodification resulted in two substantive changes. Most importantly, the provision of the DRA of 1950 making all assistance under the Act “supplemental and not in substitution for” was removed without comment in any of the legislative history. In its place was added what now appears as the first sentence of Section 304 of the Stafford Act, “Federal agencies may be reimbursed for expenditures under this Act from funds appropriated for the purposes of this Act.” Related to this, the reimbursement language
140 See Appendix C for the full text.
141 Disaster Relief Act of 1966, Public Law 89–769; 80 Stat 1316; The Disaster Relief Act of 1969, Public Law 91–79; 83 Stat 125.
142 Disaster Relief Act of 1970, Public Law 91–606; 84 Stat 1744.
143 Even though Section 203 of the DRA of 1970 is labeled “Cooperation of Federal Agencies in Rendering Emergency Assistance,” Congress had not yet created a second category of event known under the Stafford Act as an “emergency,” as of the DRA of 1970, only the designation of “major disaster”
existed and it used emergency to describe the assistance provided after a major disaster.
that once appeared in Section 7 of the DRA of 1950 did not carry over to Section 203(e) of the DRA of 1970, likely because it was redundant to the new 203(c), which now addressed reimbursement for all these sections.
Second, what had previously been Section 5(a), and now had become Section 203(f) added that the president (or the person delegated this power) could direct any federal agency to perform work under the authority of 203(f) “with or without reimbursement.” Coupled with the removal of the language that previously made assistance “supplemental and not in substitution for,” it now meant by the plain reading of the statute that federal agencies could be reimbursed for work that could have been accomplished under their own authority independent of the DRA of 1970, which is supported by the legislative history of the Act.
It may be asked why Congress chose to add language allowing reimbursement into Section 203(f) but not 203(a). Work performed by federal agencies under Section 203(a) was by its nature work it did not have the authority to do on its own (which if it had in the first place would be covered under Section 203(f)) so that if in fact it performed such work, it logically follows that the authority to perform the work, provided by Section 203(a) would be followed by funds to reimburse the work. The authority for reimbursement flows from Section 203(c), which by its terms applies not just to Section 203(a) but the entire Act. It could be then be asked, if Section 203(c) applied to the entire Act, including Section 203(f), why did Congress even need to add reimbursement language to Section 203(f)? It can be assumed it was done to reinforce the fact Congress wanted to create the flexibility to reimburse federal agencies from funds appropriated to execute the DRA of 1970 for work that ostensibly could have been performed and paid for under their existing authorities and appropriations.
The Joint Committee Report is silent as to reimbursement under 203(f) but plainly speaks to reimbursement for activities execute under Section 203(a).
Federal agencies could be reimbursed for services and supplies under Section 203(a) from funds appropriated under this Act. Any funds paid to federal agencies for services or supplies furnished under the provisions of this section would be deposited to the credit of the appropriation or appropriations currently available for such services or supplies.144
More specific reference may be found in the individual reports of the Senate and House. Section 203 of the DRA of 1970 was essentially the same as the provisions of the Senate bill.145 In the Senate’s report, it simply says for the section as a whole,
“Reimbursement of a Federal Agency for services or supplies it furnishes is to be deposited to the credit of its appropriation for these items.”146 It does not distinguish between work performed under Section 203(a) or Section 203(f). As for Section 203 in its entirety, it states that while “based largely on a similar provision of Section 3 of Public Law 81-875… the powers conferred therein are in this bill clarified, extended and expanded.”147 Therefore, if any view must be taken, it is that Section 203 provides more, not less flexibility and power to the president.
The House report is even more favorable. In its report, the House in its discussion of the Senate bill states that Section 8 “amends section 7 of Public Law 81-875 so that obligations may be incurred by any federal agency in such amount as may be made available to it by the president out of funds available under this act.”148 As to Section 9, it
“authorizes the President to utilize the resources of federal departments or agencies for use in disaster relief, with or without reimbursement, as he deems appropriate. Similar authority was granted by Sections 3 and 7 of Public Law 81-875…”149 These two sections are then discussed again later in their report:
144 Disaster Relief Act of 1970, Conference Report No. 91–1752, 19.
145 Ibid., 20.
146 Disaster Assistance, Report Together with Individual Views [To accompany S. 3619], Senate Report 91–1157, August 31, 1970, 10.
147 Ibid.
148 Disaster Relief Act of 1970, Report [To accompany S. 3619], Report No. 91–1524, September 29, 1970, 4.
149 Ibid.
Section 8… The 1950 act would be further amended to provide that obligations may be incurred by an agency in the amount as may be made available out of funds specified to carry out this act or section 9 of the Disaster Relief Act of 1966 and the Disaster Relief Act of 1969 instead of only funds specified under section 8 of the 1950 Act.
Section 9. This section grants the President authority to use all federal departments or agencies to the best advantage under varying conditions to exercise the authorities granted him by this act, the act of September 30, 1950… the Disaster Relief Act of 1966 and the Disaster Relief Act of 1969.