View of US Capitol building with fall foliage in the foreground

The Robert T. Stafford Disaster Relief and Emergency Act (the Stafford Act) was passed by Congress and signed into law in 1988. The Stafford Act establishes the Federal Emergency Management Agency’s (FEMA) statutory authority to coordinate federal disaster response and deliver congressionally mandated post-disaster recovery programs.

Why is the Stafford Act Important?

The passage of the Stafford Act in 1988 was a critical moment in the history of America’s nationwide approach to emergency management. At its most basic level, the Stafford Act codifies FEMA’s authority and formalizes its role as the lead agency for coordinating the federal response to, and recovery from disasters. The Stafford Act also prescribes certain elements of the federal response, introduces specific post-disaster recovery programs, and emphasizes the value of pre-disaster preparedness and mitigation.

The goal of the Stafford Act was to formalize a system that encouraged state and local governments to focus on preparedness, while emphasizing the “locally executed, state managed, federally supported “ approach and authorized response and recovery programs that are triggered by a presidential declaration.

Why was the Stafford Act Necessary?

Before the Stafford Act

Prior to 1950, post-disaster response was hindered by congressional requirements to individually pass legislation following each specific emergency. This was rectified with the passage of the Federal Disaster Relief Act of 1950, which empowered the president to declare a major disaster, and authorized the president to deliver federal assistance. Although the scope of the Disaster Relief Act of 1950 was limited, and FEMA did not yet exist as an agency, the Disaster Relief Act of 1950 solidified the federal government’s commitment to post-disaster response and recovery.

The Disaster Relief Act of 1974

The federal government’s post-disaster role expanded significantly with the passage of the Disaster Relief Act of 1974, which established a clear framework for post-disaster grants and loans to individuals, states, and local communities.

The Disaster Relief Act of 1974 was by far the most influential legislation to date. The Act created FEMA’s predecessor agency (the Federal Disaster Assistance Administration) and authorized the programs later to be known as the Individual Assistance (IA) and Public Assistance (PA) programs. This act replaced the Disaster Act of 1950 and established the foundation of what we see in modern emergency management programs today.

This evolution in federal post-disaster response and recovery ultimately led President Jimmy Carter to establish FEMA in 1979 as a dedicated agency charged with the primary responsibility of coordinating federal disaster response and recovery efforts.

By 1988, Congress recognized that legislation was necessary to give the president additional authorities and to ensure congressional accountability. Ultimately, nine years after the establishment of FEMA as an agency, Congress passed the Stafford Act with the clear goal of maturing the federal government’s post-disaster roles and responsibilities and strengthening post-disaster assistance programs.

Volcano threatening to erupt, sending smoke into the air at sunset

What is the Stafford Act? What does the Stafford Act do?

The Robert T. Stafford Disaster Relief and Emergency Act of 1988 dramatically amended the Disaster Relief Act of 1974. Upon its passage, the Stafford Act became FEMA’s bedrock legislation, granting broad authorities to the president and FEMA, and establishing an orderly system for delivering federal disaster assistance to state and local governments.

Like most legislation, the Stafford Act is technically written, but the key provisions of the Act are shown below:

Title I – Findings, Declarations and Definitions (42 U.S.C. §§ 5121–5123)

This section serves as an overview or preamble, laying out why the legislation is needed, the reasoning behind it, and some of the key terminology used within the act.

Title II – Disaster Preparedness and Mitigation Assistance (42 U.S.C. §§ 5131–5132)

This section defines federal and state responsibilities and directs the federal government to support states and local governments with preparedness (planning, training, and exercises). It also allows for direct technical assistance to improve response capabilities.

Title III – Major Disaster and Emergency Assistance Administration (42 U.S.C. §§ 5141–5149b)

The third section of the Stafford Act details general administrative procedures for federal response coordination, including cost sharing, mission assignments to other federal agencies, transportation assistance. It also defines essential services and addresses mutual aid, temporary personnel, legal protections for volunteers, support for displaced survivors.

Title IV – Major Disaster Assistance Programs (42 U.S.C. §§ 5170–5189c)

This section outlines federal assistance available after a major disaster declaration (IA, PA, and hazard mitigation) including specifying procedures for requesting a presidential declaration and describing how assistance is delivered. It also grants authority to the president to authorize federal agencies to repair, reconstruct, or replace federal facilities without prior approval from Congress.

Title V – Emergency Assistance Programs (42 U.S.C. §§ 5191–5193)

This section defines federal assistance available and formalizes procedures for obtaining assistance. It also grants the president the authority to declare emergencies for events that do not rise to the level of major disaster.

Title VI – Emergency Preparedness (42 U.S.C. §§ 5195–5197h)

This section addresses national emergency preparedness, continuity of government, and continuity of operations. It also grants broad authority to the FEMA Administrator in carrying out the policy of national preparedness.

Title VII – Miscellaneous (42 U.S.C. §§ 5201–5207)

The final section addresses additional provisions, including United States territories, Fire Management Assistance Grants, and PA program closeout procedures, appeals, and judicial review policies.

FEMA sign displayed on a building next to the seal for the US Department of Homeland Security

The Stafford Act’s Continuing Legacy & Subsequent Amendments

Disaster Mitigation Act of 2000

The Disaster Mitigation Act of 2000 (DMA2K) amended the Stafford Act by asserting a federal emphasis on hazard mitigation and created guidelines for state and local governments to use for pre-disaster mitigation planning. The most significant change with DMA2K was to establish the requirement for state, local, territorial, and tribal (SLTT) governments to develop FEMA-approved hazard mitigation plans as a precondition of non-emergency disaster assistance, including funding from FEMA’s Hazard Mitigation Grant Program (HMGP).

Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA)

After the high-profile and much-criticized response to Hurricane Katrina, Congress took action to strengthen FEMA’s authorities and clarify its mission. This act (among other things) elevated the role of FEMA’s Administrator, created a new Regional Administrator position to replace Regional Director, established the National Advisory Council, mandated improved coordination with SLTT partners, and promoted enhanced planning.

Sandy Recovery Improvement Act of 2013 (SRIA)

Following Superstorm Sandy, Congress acted again to amend the Stafford Act, this time with the intent of streamlining recovery and granting more flexibility with FEMA’s recovery programs (particularly Public Assistance). In many ways, SRIA represented the most significant statutory change to FEMA’s authorities since the passage of the Stafford Act.

Disaster Recovery Reform Act of 2018 (DRRA)

In 2018 Congress further amended the Stafford Act, this time to provide even greater flexibility to FEMA PA program applicants and to mandate financial support for mitigation, by repealing the Pre-Disaster Mitigation Program and establishing the new Building Resilient Infrastructure and Communities (BRIC) grant program.

Despite all of these changes and subsequent amendments, the Stafford Act continues to serve as America’s foundational legislation and defines how America operates before, during, and after disasters. Other countries still refer to the Stafford Act as a standard for their own national emergency management systems, and Congress has asserted on several occasions their intent to continuously improve the Stafford Act by amendment, whenever necessary.

History of the Stafford Act & Its Amendments