Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, federal disaster aid flows through presidential declarations. When a disaster overwhelms a state's capacity, the governor, or a tribal leader, asks the President for help, usually after a joint damage assessment with FEMA. The President may declare a major disaster, which unlocks the full range of aid, or an emergency, which provides more limited help to protect lives and property. FEMA reviews each request and recommends a decision, but the choice rests with the President.
A declaration can provide individual assistance, such as grants for temporary housing and home repairs, and public assistance, which reimburses state and local governments for debris removal, emergency response, and rebuilding roads, schools, and utilities, usually covering at least 75 percent of eligible costs. Hazard mitigation grants help communities reduce future losses. The money comes from FEMA's Disaster Relief Fund, which Congress replenishes with annual and supplemental appropriations, and other agencies, including the Small Business Administration and HUD, add loans and rebuilding grants.
The number of major disaster declarations has risen over decades, from a few dozen a year in the 1980s to often more than fifty, reflecting more severe weather, more development in exposed places, and a broader view of what warrants federal help. Critics argue the federal government has taken on costs states should bear and that decisions can be influenced by politics. In 2025 the administration slowed approvals, proposed shifting more responsibility to states, and convened a council to recommend restructuring or phasing out FEMA, prompting debate over the federal role in disasters.
| Status | Active |
| Legal basis | Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 and following |
| Official site | fema.gov |
| Governing law | Stafford Act (1988) |
| Requested by | Governor or tribal leader |
| Declared by | The President |
| Types | Major disaster, emergency |
| Federal cost share | At least 75 percent for public assistance |
| Funding source | FEMA Disaster Relief Fund |
| Date | Stafford Act signed November 23, 1988 |
| Location | FEMA headquarters, Washington, D.C. |