The Stafford Act

Federal disaster aid grew piece by piece after 1950, and the Disaster Relief Act of 1974 created the modern system of presidential declarations. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, signed on November 23, 1988, and named for a Vermont senator, rewrote that law and remains the main authority for federal disaster help. It lets the President declare an emergency or a major disaster at the request of a governor or tribal leader when an event is beyond the capacity of state and local governments.

A major disaster declaration can open three main programs, administered by FEMA. Public Assistance pays at least 75 percent of the cost of debris removal, emergency protective measures, and repairing public facilities such as roads, schools, and utilities. Individual Assistance provides grants for temporary housing, home repairs, and other needs not covered by insurance, up to a capped amount. The Hazard Mitigation Grant Program funds projects to reduce future damage. The money comes from the Disaster Relief Fund, which Congress replenishes through regular and supplemental appropriations.

The Disaster Recovery Reform Act of 2018 added a pre-disaster mitigation program, which the administration ended in April 2025, a decision challenged in court. In 2025 the administration also slowed some declarations and convened a council that in May 2026 recommended replacing Stafford Act assistance with faster block grants and direct payments, raising thresholds for declarations, and shifting more costs to states, changes that would require Congress to amend the law. Supporters say states should bear more of the cost of routine disasters, while critics say poorer and smaller states could be left without help.