The Federal Emergency Management Agency (FEMA) was established in 1979 to serve as the federal government’s central coordinator for disaster response—it acts as a sort of “concierge” to the federal government’s resources. In emergency management, a common saying is that disaster responses are “locally executed, state managed, and federally supported.” FEMA coordinates that federal support, intending that federal agencies work together effectively when large incidents overwhelm state and local capabilities. Since then, FEMA has worked with state, local, tribal, and territorial governments, as well as nongovernmental organizations and other federal agencies, to support response and recovery operations and coordinate national disaster response efforts. Much of this work occurs under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), which governs presidentially declared disasters and emergencies, but FEMA is also frequently called upon to assist in incidents that fall outside the Stafford Act. Non-Stafford Act incidents are incidents deemed to warrant federal assistance and a coordinated national response, but that did not result in a Stafford Act declaration, often because such incidents did not meet the Stafford Act definition of emergency or major disaster. This report examines case studies taken from non-Stafford Act incidents to better understand FEMA’s role in supporting the federal response to such incidents. Additionally, since its establishment, Congress has added to FEMA’s responsibilities, including by enacting legislation amending the Stafford Act programs that FEMA implements (e.g., establishing new forms of disaster assistance and mitigation grant programs, which FEMA must implement). Such changes respond to lessons learned following disaster response and recovery efforts, and often reflect the experiences of emergency management stakeholders and disaster survivors, and expectations for the types of assistance the federal government should be providing and how such assistance should be delivered. The agency has expertise in implementing grant programs and providing incident management coordination and collaboration across all levels of government and Congress has continued to authorize additional responsibilities for FEMA across the emergency management lifecycle. As an executive branch agency, FEMA is subject to the authorities of the President, who may also assign FEMA responsibilities and task FEMA with coordinating and providing federal assistance. The President has sole discretion to authorize a Stafford Act declaration, enabling FEMA to provide various forms of assistance as authorized by the President. Further, the President can call upon FEMA to support non-Stafford Act incidents using its incident management capabilities. While FEMA has been entrusted with many critical responsibilities related to leading the nation’s preparedness efforts and coordinating federal response operations, concerns have arisen. These concerns include the challenges of increased staffing demands (e.g., an increased number of staff deployments, challenges with being understaffed), and the sufficiency of FEMA’s program management and funding oversight (e.g., waste, fraud, and abuse in the disbursement of federal assistance). And while, historically, FEMA has been able to coordinate and support the federal response to both Stafford and non-Stafford incidents, these challenges could affect the agency’s capacity. CRS’s findings suggest that FEMA’s core mission—preparedness, coordination, response, recovery, and mitigation—has remained largely the same over time. What has changed is the scale, complexity, frequency, and number of incidents requiring federal involvement, and the degree to which FEMA has been involved. Generally, Congress has expanded FEMA’s role and authorities, and the President and the Department of Homeland Security, where FEMA is housed, have assigned the agency additional responsibilities within the same overall mission. Finally, this report also considers FEMA’s future role and whether it will continue to have the capacity to coordinate the federal government’s response to major incidents. At the time of publication, the Donald J. Trump Administration and some Members of the 119th Congress have been reviewing FEMA’s role and considering potential options for reforming the agency. This report examines FEMA’s role supporting non-Stafford Act incidents prior to 2025.
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