Created in 1979 to unify scattered disaster programs. By law states lead their own disasters; FEMA deploys and reimburses when a governor requests help and the President declares a disaster.
Open the interactive page for FEMA →Created byReorganization Plan No. 3 of 1978 (activated by Exec. Order 12127, Apr. 1, 1979); transferred into DHS Mar. 1, 2003 (Homeland Security Act of 2002); re-established as a distinct agency by the Post-Katrina Emergency Management Reform Act of 2006, Pub. L. 109-295 (effective Mar. 31, 2007)
Head appointed6 U.S.C. § 313(c) and 6 U.S.C. § 113(a)(1)(D): Administrator appointed by the President, by and with the advice and consent of the Senate; statutory qualifications (demonstrated emergency-management ability plus "not less than 5 years of executive leadership and management experience"); reports directly to the Secretary; no fixed term (PAS)
Removal standardno statutory protection — at will
Funded underannual DHS Appropriations Act, including the Disaster Relief Fund (spent under the Stafford Act, 42 U.S.C. § 5121 et seq., frequently replenished by emergency supplementals); flood insurance runs through the National Flood Insurance Fund, 42 U.S.C. § 4017 (premiums plus Treasury borrowing authority, 42 U.S.C. § 4016)
Congressional oversightHouse Committee on Transportation and Infrastructure (Stafford Act jurisdiction; Subcommittee on Economic Development, Public Buildings, and Emergency Management) · Senate Committee on Homeland Security and Governmental Affairs (Administrator nominations and FEMA oversight)
Inspector generalDHS OIG (PAS IG under the IG Act, 5 U.S.C. §§ 401–424)
Judicial reviewStafford Act bars liability for "the exercise or performance of or the failure to exercise or perform a discretionary function" (42 U.S.C. § 5148); flood-insurance claim suits lie in district court (42 U.S.C. § 4072); APA review for non-discretionary final actions
Appeal a FEMA aid decision through its individual-assistance appeals process; ask your members of Congress for disaster supplemental funding; your state governor formally requests the declarations that trigger most FEMA deployments.
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