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Disaster Assistance and the Supremacy Clause

Date of Issuance:

As an agency of the United States, acting pursuant to a valid delegation of the President’s statutory authority to provide disaster assistance to states, the Federal Emergency Management Agency (FEMA) is not subject to state regulations or prohibitions which would impede the performance of its federal functions. However, the Supremacy Clause cannot be relied upon by FEMA to shield it from all state regulation of or objections to its disaster relief activities.

Updated July 9, 2014