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Following a presidential declaration of emergency or major disasterFEMA Individual Assistance Programs:
April 7, 2022
An Overview
Elizabeth M. Webster
Following a presidential declaration of emergency or major disaster under the Robert T. Stafford
Analyst in Emergency
Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42
Management and Disaster
U.S.C. §§5121 et seq.), the Federal Emergency Management Agency (FEMA) may provide three
Recovery
primary forms of assistance: Individual Assistance (IA), Public Assistance (PA), and Hazard
Mitigation Assistance (HMA). IA, which is the focus of this report, provides aid tosupports the disaster recovery of affected individuals and households. PA provides grants to local, state, territorial, and Indian
tribal governments, as well as certain private nonprofit organizations for emergency protective measures, debris removal operations, and repair or replacement of damaged public infrastructure. HMA funds pay for mitigation and resiliency projects and programs to reduce the threat or impacts of future disasters.
State, territorial, and Indian tribal governments do not automatically receive IA when a disaster occurs. Instead, the governor or tribal chief executive must request that the President declare an emergency or major disaster and that IA be authorized. When drafting such a request, the state, territorial, or Indian tribal government must demonstrate that the incident exceeds their capacity to effectively respond without federal assistance. FEMA then evaluates the request using a set of factors and provides a recommendation to the President. The evaluation of the IA factors, in addition to helping FEMA determine whether or not to recommend the President declare a major disaster, helps FEMA identify the types of IA that are needed.
This report provides brief descriptions of the categories of IA authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.):
The information regarding the
This report provides brief descriptions of the IA categories:
1. Crisis Counseling Assistance and Training Program;
2. Disaster Case Management;
3. Disaster Legal Services;
4. Disaster Unemployment Assistance;
5. Individuals and Households Program; and
6. Mass Care and Emergency Assistance.
The Individuals and Households Program (IHP) is covered in greatest detail herein, because it is the primary assistance program for providing financial and direct federal assistance to individuals and households following a presidential declaration of emergency or major disaster. The other forms of IA provide services to support the recovery of individuals and households, when authorized pursuant to a major disaster declaration.
The IA program information included herein emergency or major disaster. The IHP provides financial and/or direct assistance to eligible individuals and households who, as a result of a disaster, have uninsured or under-insured necessary expenses and serious needs that cannot be met through other means or forms of assistance. Forms of financial assistance include some categories of Housing Assistance (e.g., Rental Assistance) and Other Needs Assistance (ONA), and forms of direct assistance include other categories of Housing Assistance (e.g., Transportable Temporary Housing Units).
The IA program information is based on the guidance that FEMA initially released in March 2019, to serve as aand subsequently updated. The current version of FEMA’s comprehensive IA program policy resource;, the Individual Assistance Program and Policy Guide (IAPPG), was released in May 2021 and applies to emergencies and disasters declared on or after March 1, 2019.
May 26, 2021 (previous versions of the guidance apply to disasters declared prior to this date).
This report also briefly describes the updatedIA factors considered when evaluating a governor' or chief executive’s request for IA pursuant to a major disaster declaration. State, territory, and Indian tribal governments do not automatically receive a presidential Stafford Act declaration, nor do they automatically receive IA, when a disaster occurs. Instead, the governor or tribal chief executive must request that the President declare an emergency or major disaster and that IA be authorized. FEMA then evaluates the governor or chief executive’s request using set factors and provides a recommendation to the President, who has sole discretion to authorize such a request. The evaluation of the IA factors, in addition to helping FEMA determine whether or not to recommend the President declare a major disaster, helps FEMA identify the types of IA that are needed.
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Contents
Introduction ..................................................................................................................................... 1 Individual Assistance Programs ...................................................................................................... 2
Crisis Counseling Assistance and Training Program ................................................................ 2 Disaster Case Management ....................................................................................................... 3 Disaster Legal Services ............................................................................................................. 4 Disaster Unemployment Assistance .......................................................................................... 4 Individuals and Households Program ....................................................................................... 5
Housing Assistance ............................................................................................................. 6 Other Needs Assistance....................................................................................................... 9
Mass Care and Emergency Assistance .................................................................................... 12
IA Factors for a Major Disaster Declaration ................................................................................. 12
Tables Table 1. Types of Housing Assistance and Other Needs Assistance ............................................... 5 Table 2. IA Factors for a Governor’s Major Disaster Declaration Request ................................... 15 Table 3. IA Factors for a Chief Executive’s Major Disaster Declaration Request ........................ 16
Contacts Author Information ........................................................................................................................ 17
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FEMA Individual Assistance Programs: An Overview
Introduction When a disaster occurs, the Federal Emergency Management Agency (FEMA) may assist individuals with their recovery when the Individual Assistance (IA) program is authorized pursuant to a presidential declaration of emergency or major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.).1 This report provides brief descriptions of the IA categories authorized under the Stafford Act, including the Crisis Counseling Assistance and Training Program (CCP);2 Disaster Case Management (DCM),3 Disaster Legal Services (DLS);4 Disaster Unemployment Assistance (DUA);5 and assistance for housing and/or other needs (referred to as other needs assistance or ONA) through the Individuals and Households Program (IHP).6 Also included is a brief overview of Mass Care and Emergency Assistance (MC/EA).
All forms of IA may be authorized pursuant to a major disaster declaration; however, only the IHP may be authorized pursuant to either an emergency or major disaster declaration. The IHP is also the only form of FEMA assistance that provides grants directly to individuals and households to support their disaster recovery by helping address their housing and other needs (FEMA may also provide direct assistance for housing under the IHP). All forms of IA are funded through the Disaster Relief Fund (DRF), which is managed by FEMA.7 Additionally, the federal government provides 100% of the funding for CCP, DCM, DLS, DUA, and IHP-Housing Assistance. IHP-ONA, however, is subject to a statutorily set 75% federal and 25% nonfederal cost share, borne by the affected state, territory, or tribe. MC/EA services are funded under the Public Assistance program, and are subject to a cost share that shall be not less than 75% federal and 25% nonfederal, which may be adjusted.8
1 Disaster Relief Act of 1974 (P.L. 93-288) (retitled the Robert T. Stafford Disaster Relief and Emergency Assistance Act—hereinafter Stafford Act—and codified, as amended, at 42 U.S.C. §§5121 et seq.). The Federal Emergency Management Agency’s (FEMA’s) “How a Disaster Gets Declared” web page, available at https://www.fema.gov/disasters/how-declared, provides additional information on the declaration process and the types of assistance that may be authorized pursuant to a presidential declaration of emergency or major disaster (hereinafter FEMA, “How a Disaster Gets Declared”). The Individual Assistance (IA) program is the focus of this report. For information on FEMA’s other disaster assistance programs, including the Public Assistance (PA) program, which may provide grants to sub-federal governments and certain private nonprofit organizations for emergency work following an emergency or major disaster declaration, and permanent work following a major disaster declaration, see CRS In Focus IF11529, A Brief Overview of FEMA’s Public Assistance Program, by Erica A. Lee, and CRS Report R46749, FEMA’s Public Assistance Program: A Primer and Considerations for Congress, by Erica A. Lee. For additional information on FEMA’s Hazard Mitigation Assistance (HMA) funds for mitigation and resiliency projects and programs to reduce the threat or impacts of future disasters, see CRS Insight IN11187, Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance, by Diane P. Horn.
2 Stafford Act Section 416, 42 U.S.C. §5183. 3 Stafford Act Section 426, 42 U.S.C. §5189d. 4 Stafford Act Section 415, 42 U.S.C. §5182. 5 Stafford Act Section 410, 42 U.S.C. §5177. 6 Stafford Act Section 408, 42 U.S.C. §5174. 7 FEMA publishes monthly reports with information on the Disaster Relief Fund (DRF) and available funding. See FEMA, “Disaster Relief Fund: Monthly Reports,” https://www.fema.gov/about/reports-and-data/disaster-relief-fund-monthly-reports. For more information on the DRF and its history, see CRS Report R45484, The Disaster Relief Fund: Overview and Issues, by William L. Painter.
8 Stafford Act Section 403(b), 42 U.S.C. §5170b(b). For additional information on the federal cost share for disaster assistance, see CRS Report R41101, FEMA Disaster Cost-Shares: Evolution and Analysis, by Natalie Keegan and Elizabeth M. Webster.
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The program-related information included in this report is based on FEMA’s guidance, which was released in May 2021. The Individual Assistance Program and Policy Guide (IAPPG) is FEMA’s comprehensive IA program policy resource; it applies to emergencies and disasters declared on or after May 26, 2021 (previous versions of the guidance apply to disasters declared prior to this date).9 FEMA has released additional program guidance, including via memorandum, which also is used with the IAPPG.10
In addition to an overview of the IA programs, this report briefly describes the process for authorizing IA, focusing primarily on the factors FEMA considers when evaluating a governor or chief executive’s request for a major disaster declaration that authorizes IA. The factors FEMA considers when evaluating a governor’s request for IA were revised via rulemaking and went into effect in June 2019, as required by Section 1109 of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2).11 The factors FEMA considers when evaluating a chief executive’s request for a major disaster declaration were updated in January 2017 with FEMA’s release of the Tribal Declarations Pilot Guidance.12
Individual Assistance Programs Various types of FEMA IA may be provided to disaster survivors.13 The available IA options depend on the type of Stafford Act declaration, and the type(s) of IA requested by the governor or tribal chief executive. Brief descriptions of each form of IA are included below.
Crisis Counseling Assistance and Training Program14 FEMA provides Crisis Counseling Assistance and Training Program (CCP) grant funding to local, state, territory, and tribal governments to provide CCP services or contract with local mental health service providers for CCP services.15 The CCP supplements efforts to assist disaster
9 Previous versions of FEMA’s IA guidance can be found in FEMA’s “Individual Assistance Program and Policy Guide Archive,” available at https://www.fema.gov/assistance/individual/policy-guidance-and-fact-sheets/archived-program-policy-guide.
10 FEMA’s Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, available at https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA, IAPPG), and related guidance can be found at FEMA, “Policy, Guidance and Fact Sheets,” https://www.fema.gov/assistance/individual/policy-guidance-and-fact-sheets.
11 44 C.F.R. §206.48(b). 12 FEMA, Tribal Declarations Pilot Guidance, January 2017, pp. 36-38, https://www.fema.gov/sites/default/files/2020-04/tribal-declaration-pilot-guidance.pdf (hereinafter FEMA, Tribal Declarations Pilot Guidance). Section 1110 of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) authorized tribal chief executives to request presidential Stafford Act declarations.
13 For a brief reference on FEMA’s IA programs, see CRS In Focus IF11298, A Brief Overview of FEMA’s Individual Assistance Program, by Elizabeth M. Webster; see also CRS Infographic IG10024, How FEMA Individual Assistance Works, by Elizabeth M. Webster. For additional information on FEMA’s IA programs, as well as other federal assistance for disaster response and recovery, see CRS Report RL31734, Federal Disaster Assistance Response and Recovery Programs: Brief Summaries, by Maria Kreiser, Maura Mullins, and Jared C. Nagel.
14 42 U.S.C. §5183; 44 C.F.R. §206.171; see also FEMA, IAPPG, pp. 203-233; Substance Abuse and Mental Health Services Administration (SAMHSA), “Crisis Counseling Assistance and Training Program (CCP),” https://www.samhsa.gov/dtac/ccp; SAMHSA, “Crisis Counseling Assistance and Training Program (CCP) Toolkit,” https://www.samhsa.gov/dtac/ccp-toolkit; and FEMA, Crisis Counseling Assistance and Training Program Guidance: CCP Application Toolkit, Version 5.2, October 2021, https://www.samhsa.gov/sites/default/files/dtac/ccptoolkit/fema-ccp-guidance.pdf.
15 FEMA, IAPPG, p. 203.
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survivors and communities recovering from the effects of a disaster through community-based outreach and the provision of services, such as crisis counseling, psycho-education, coping skills development, and linking disaster survivors with other resources, such as individuals and agencies that help survivors in the recovery process.16
The CCP provides short- to intermediate-term assistance to support mental and emotional health needs. Two separate CCP programs provide assistance for different lengths of time:17
1. Immediate Services Program (ISP) funding is provided for up to 60 days
following the approval of IA for a major disaster, and can continue for 60 additional days if an affected state/territory/tribe has submitted an application for the Regular Services Program.
2. Regular Services Program (RSP) funding is provided for up to nine months
following the date of the notice of award, and can be extended for up to 90 days due to extraordinary circumstance or for more than 90 days if FEMA determines such an extension of the period of performance is in the public interest. ISP participation is not a prerequisite for the RSP.
The CCP regulations and guidance specify the application deadlines and timing for the availability of the above-referenced program funding; however, as noted, funding time extensions may be approved if requested by the state, territory, or tribe and approved by federal officials.
Disaster Case Management18 FEMA provides Disaster Case Management (DCM) services or grants to local, state, territory, and tribal governments or qualified private organizations to supplement existing case management capabilities.19 The program partners case managers with disaster survivors to develop and implement disaster recovery plans that address the disaster survivors’ unmet needs, including by providing disaster survivors with a single point of contact to access recovery resources.20
Two DCM programs provide assistance for different lengths of time:21
1. Immediate Disaster Case Management (IDCM) provides short-term services
to address immediate disaster-caused unmet needs, and refer disaster survivors to resources. The period of performance of 90-180 days (when cases are transferred to the Disaster Case Management program), unless an extension is authorized due to extraordinary circumstances.
16 FEMA, IAPPG, p. 8. Figure 40 in FEMA’s IAPPG lists and describes the available Crisis Counseling Assistance and Training Program (CCP)-funded services (see FEMA, IAPPG, p. 206).
17 The CCP Immediate Services Program (ISP) is described 44 C.F.R. §206.171(f) and FEMA, IAPPG, pp. 209-217. The CCP Regular Services Program (RSP) is described 44 C.F.R. §206.171(g) and FEMA, IAPPG, pp. 218-225.
18 42 U.S.C. §5189d; see also FEMA, IAPPG, pp. 183-202; and FEMA, “Disaster Case Management Toolbox,” https://www.fema.gov/assistance/individual/disaster-survivors/disaster-case-management-toolbox.
19 DCM defines a qualified private organization as “any non-governmental organization or entity that currently has an effective ruling letter from the U.S. Internal Revenue Service, granting tax exemption under Sections 501(c) of Internal Revenue Code of 1954, or satisfactory evidence from the state, territorial, or tribal government that the nonrevenue producing organization or entity is a nonprofit one organized or doing business under state, territorial, or tribal government law and that has experience providing case management services” (FEMA, IAPPG, p. 183). 20 FEMA, IAPPG, p. 183. 21 The Immediate Disaster Case Management (IDCM) program is discussed in FEMA’s IAPPG from pages 186-187, and the Disaster Case Management (DCM) program is discussed from pages 188-202.
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2. Disaster Case Management (DCM) provides longer-term services, with a
period of performance of up to 24 months from the declaration date, which may be extended for 90 days pursuant to a written request by the affected state, territory, or tribe that is approved by FEMA. IDCM implementation is not a prerequisite for the DCM program.
FEMA directly implements, administers, and oversees the IDCM program, in coordination with the affected state, territory, or tribal government.22 The DCM program, however, is implemented through a grant or cooperative agreement (when substantial FEMA involvement is anticipated).23
Disaster Legal Services24 Disaster Legal Services (DLS) are provided for free to low-income individuals who require them because of a major disaster.25 DLS includes providing disaster survivors with legal advice, counseling, and representation in non-fee-generating cases.26 Further, the provision of services is “confined to the securing of benefits under the [Stafford] Act and claims arising out of a major disaster.”27 For example, assistance may include replacing disaster-destroyed legal documents, help with home repair contracts and contractors, and appeals of FEMA decisions.28 Disaster Legal Services are provided through an agreement FEMA has with the American Bar Association’s Young Lawyers Division, when requested by an affected local, state, territory, or tribal government.29 Assistance can be provided via a local toll-free hotline and through Disaster Recovery Centers.30 Disaster Legal Services are provided until they are no longer needed.31
Disaster Unemployment Assistance32 Disaster Unemployment Assistance (DUA) provides temporary benefits for up to 26 weeks following the declaration of a major disaster to individuals who were previously employed or self-employed, were rendered jobless or whose employment was interrupted as a direct result of a presidentially declared major disaster, and who are ineligible for regular unemployment insurance.33 DUA may also provide re-employment assistance.34 The program is overseen by the U.S. Department of Labor, and administered by the affected state or territory’s Unemployment Insurance (UI) agency. FEMA provides the funding for DUA.
22 FEMA, IAPPG, p. 186. 23 FEMA, IAPPG, p. 188. 24 42 U.S.C. §5182; 44 C.F.R. §206.164; see also FEMA, IAPPG, pp. 235-237. 25 For the purposes of Disaster Legal Services (DLS), low-income disaster survivors are those “who have insufficient resources to secure adequate legal services, whether the insufficiency existed prior to or resulted from the major disaster” (FEMA, IAPPG, p. 236). 26 44 C.F.R. §206.164(a). 27 44 C.F.R. §206.164(e). 28 FEMA, IAPPG, pp. 8 and 235. 29 FEMA, IAPPG, p. 8. 30 FEMA, IAPPG, p. 237. 31 FEMA, IAPPG, p. 235. FEMA’s statute and regulations do not establish time limitation for Disaster Legal Services. 32 42 U.S.C. §5177; 44 C.F.R. §206.141; see also FEMA, IAPPG, pp. 239-243. 33 FEMA, IAPPG, p. 239. For more information on DUA, see CRS Report RS22022, Disaster Unemployment Assistance (DUA), by Julie M. Whittaker.
34 FEMA, IAPPG, p. 239.
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Individuals and Households Program35 When the Individuals and Households Program (IHP) is authorized, FEMA may provide financial and/or direct assistance for housing and financial assistance for other needs (referred to as other needs assistance or ONA) to eligible individuals and households who, as a result of a disaster, have uninsured or under-insured necessary expenses and serious needs that cannot be met through other means or forms of assistance.36 The IHP is intended to meet basic needs and support recovery efforts, but it does not compensate disaster survivors for all losses and it is not intended to be a substitute for insurance. There are additional limits on IHP assistance, including that some forms of IHP assistance are subject to time-based limitations, and IHP awards for Financial Housing Assistance and ONA are subject to statutory funding caps that limit the amount of financial assistance an individual or household may receive.37 Additionally, IHP applicants must meet general eligibility requirements,38 and each type of IHP assistance also requires that additional eligibility conditions be met, and may require additional documentation. The types of IHP Housing Assistance and Other Needs Assistance (ONA) are listed in Table 1.
Table 1. Types of Housing Assistance and Other Needs Assistance
Housing Assistance:
Housing Assistance:
ONA:
ONA:
Financial
Direct
SBA-Dependenta
Non-SBA-Dependentb
Lodging Expense
Multi-Family Lease and
Personal Property
Funeral Assistance
Reimbursement
Repair
Assistance
Medical and Dental
Rental Assistance
Transportable Temporary
Transportation Assistance Assistance
Home Repair Assistance
Housing Units
Group Flood Insurance
Childcare Assistance
Home Replacement
Direct Lease
Policy
Assistance for
Assistance
Permanent Housing
Miscellaneous Items
Construction
Moving and Storage Assistance Critical Needs Assistance Clean and Sanitize Assistance
Sources: CRS’s interpretation of “Figure 5: Housing Assistance” and “Figure 28: Other Needs Assistance, Non-SBA-Dependent and SBA-Dependent” of the FEMA, Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, pp. 44 and 146, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf; and Memorandum from Keith Turi, FEMA Assistant Administrator, Recovery Directorate to FEMA Regional Administrators, “RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version
35 42 U.S.C. §5174; 44 C.F.R. §§206.110-120; see also FEMA, IAPPG, pp. 41-182. For additional, detailed information on the Individuals and Households Program (IHP), see CRS Report R47015, FEMA’s Individuals and Households Program (IHP)—Implementation and Considerations for Congress, by Elizabeth M. Webster; and for a brief overview of the IHP, see CRS In Focus IF12049, FEMA’s Individuals and Households Program (IHP), by Elizabeth M. Webster.
36 FEMA, IAPPG, p. 41. 37 42 U.S.C. §5174(h). Assistance for housing-related needs may not exceed $37,900 (FY2022; adjusted annually), and assistance for other needs assistance (ONA) may not exceed $37,900 (FY2022; adjusted annually). Additionally, ONA may be somewhat limited because some ONA-eligible items and amounts available to be awarded are predetermined by FEMA and the state, territorial, or Indian tribal government. Financial assistance to rent alternate housing accommodations and financial assistance for accessibility-related real and personal property costs are not subject to the cap. DHS/FEMA, “Notice of Maximum Amount of Assistance Under the Individuals and Households Program,” 86 Federal Register 63046, November 15, 2021, https://www.govinfo.gov/content/pkg/FR-2021-11-15/pdf/2021-24755.pdf.
38 FEMA, IAPPG, p. 46.
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1.1,” September 2, 2021, pp. 11-12, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-memo.pdf. Notes: The different types of Housing Assistance may constitute either financial or direct assistance; however, all types of Other Needs Assistance (ONA) are forms of financial assistance. The term “SBA” refers to the Small Business Administration. a. SBA-Dependent ONA is only available to individuals or households that do not qualify for an SBA disaster
loan or whose SBA disaster loan amount is insufficient. Eligibility for SBA-Dependent ONA is determined by FEMA in col aboration with SBA (see 42 U.S.C. §5174(e); and 44 C.F.R. §206.119).
b. Non-SBA-Dependent ONA may be awarded regardless of the individual or household’s SBA disaster loan
status (see 42 U.S.C. §5174(e); and 44 C.F.R. §206.119).
Housing Assistance
FEMA has many different types of housing assistance that it can employ, depending on the disaster-caused housing needs of affected individuals and households. Options may include Financial Housing Assistance (i.e., a grant of money) and/or Direct Housing Assistance (i.e., a place to live temporarily). Per FEMA’s regulations and guidance, the appropriate type of housing assistance depends on considerations of “cost effectiveness, convenience to the individuals and households and the suitability and availability of the types of assistance.”39 Other relevant considerations relate to the individual or household’s “disaster-caused losses, access to life-sustaining services, cost-effectiveness, and other factors.”40 In addition, individuals and households may require multiple types of housing assistance when a disaster affects their home’s habitability.41 The following two sections briefly describe each type of Housing Assistance, and are organized by subcategory.
Financial Housing Assistance Financial Housing Assistance is grant funding provided by FEMA directly to the eligible individual or household.42 Home Repair and Home Replacement Assistance are subject to the limit on the maximum amount of financial assistance an individual or household is eligible to receive.43
Lodging Expense Reimbursement (LER) provides eligible individuals with
funding for out-of-pocket short-term lodging costs and taxes when the applicant is displaced from their primary residence because an emergency or major disaster rendered it uninhabitable or inaccessible.44
39 44 C.F.R. §206.110(c). 40 FEMA, IAPPG, p. 43. See also 44 C.F.R. §206.117(b). With regard to other factors, for example, some forms of IHP assistance consider access to wrap-around services, which FEMA states in its guidance may include “basic social services, access to transportation, police/fire protection, emergency/health care services, communications, utilities, grocery stores, child care, and educational institutions” (FEMA, IAPPG, p. 117). 41 42 U.S.C. §5174(b) and (c); 44 C.F.R. §206.110(c); and FEMA, IAPPG, pp. 78 and 93. FEMA’s IAPPG defines “uninhabitable” as “a dwelling that is not safe, sanitary, or fit to occupy” (FEMA, IAPPG, p. 78). 42 FEMA, IAPPG, p. 43. 43 Assistance for housing-related needs may not exceed $37,900 (FY2022; adjusted annually). Financial assistance to rent alternate housing accommodations and financial assistance for accessibility-related real property costs are not subject to the cap. DHS/FEMA, “Notice of Maximum Amount of Assistance Under the Individuals and Households Program,” 86 Federal Register 63046, November 15, 2021, https://www.govinfo.gov/content/pkg/FR-2021-11-15/pdf/2021-24755.pdf.
44 FEMA, IAPPG, pp. 78-79.
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Rental Assistance (including Initial Rental Assistance and Continued
Temporary Housing Assistance) provides eligible individuals with funding to rent alternate housing accommodations, including funding for rent, essential utilities, and a security deposit, while the applicant is displaced from their primary residence because it is uninhabitable, inaccessible, affected by a utility outage, or unavailable.45 There are two types of Rental Assistance: Initial Rental Assistance allows FEMA to provide up to two months of
assistance.
Continued Temporary Housing Assistance allows FEMA to provide
assistance for up to 18 months or until the end of the 18-mnoth period of assistance, whichever comes first (this includes the period of time during which Initial Rental Assistance was provided), plus a security deposit. The period of assistance may be extended at the written request of the affected state, territory, or Indian tribal government.46
Home Repair Assistance provides funding to eligible homeowners to repair an
owner-occupied primary residence, utilities, and residential infrastructure (e.g., privately-owned access routes) to make the disaster survivors’ home “safe, sanitary, or functional.”47 Home Repair Assistance may also provide funding for selected mitigation measures that make the housing more resilient.48
Home Replacement Assistance provides funding to eligible homeowners to help
replace a disaster-destroyed owner-occupied primary residence. The funding can be applied toward the purchase of a new permanent residence that exceeds the maximum award amount.49
When FEMA’s Financial Housing Assistance programs are unable to meet the disaster-caused housing needs of individuals and households, FEMA may authorize a state, territory, or Indian tribal government’s request for Direct Housing Assistance.
45 FEMA, IAPPG, p. 80. The FEMA IAPPG states that FEMA uses the applicable Fair Market Rent (FMR) rate, which is based on the housing unit’s location, number of bedrooms, and the fiscal year of the major disaster declaration (FEMA, IAPPG, p. 109 (see “Fair Market Rent (FMR)” text box)). HUD’s Office of Policy Development and Research (PD&R) posts FMR information at https://www.huduser.gov/portal/datasets/fmr.html.
46 FEMA, IAPPG, p. 80. 47 FEMA, IAPPG, p. 85. A nonexhaustive list of real property components that are eligible for repair is included in the FEMA IAPPG on page 86. It includes components such as the structural components of a home (e.g., foundation, exterior walls, and roof). Additionally, assistance to repair real property components impacted by disaster-caused mold growth is eligible for Home Repair Assistance (Memorandum from Keith Turi, FEMA Assistant Administrator, Recovery Directorate to FEMA Regional Administrators, “RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version 1.1,” September 2, 2021, pp. 9-10, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-memo.pdf (hereinafter Memorandum from Keith Turi RE: Amendment to the IAPPG)).
48 FEMA, “Hazard Mitigation Under the Individuals and Households Program,” release, June 10, 2021, https://www.fema.gov/fact-sheet/hazard-mitigation-under-individuals-and-households-program.
49 FEMA, IAPPG, p. 91. FEMA calculates the award amount using the consumer price index data for the types of housing in the area where the damage occurred (the type of pre-disaster home could include a “manufactured home, travel trailer, houseboat, or residential construction (e.g., single-family home).”
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Direct Housing Assistance Direct Housing Assistance is housing provided to the individual or household by FEMA (or the state, territory, or Indian tribal government).50 Direct Housing Assistance is not subject to the limit on the maximum amount of financial assistance an individual or household is eligible to receive. However, FEMA may only provide Direct Housing Assistance when Rental Assistance (a type of IHP Financial Housing Assistance) is unavailable or is insufficient.51
Multifamily Lease and Repair (MLR) temporarily places eligible individuals in
a FEMA-leased, currently existing, vacant multi-family housing unit (e.g., an apartment in a building that FEMA has leased; FEMA must have exclusive use of the property for temporary housing for a period of not less than 18 months from the declaration date) that FEMA has repaired or improved, if needed (e.g., to make a unit accessible).52 MLR is not intended to make repairs or improvements to multi-family housing units for the purpose of rehousing existing tenants.53
Transportable Temporary Housing Units (TTHUs) temporarily places eligible
individuals in FEMA-purchased or leased temporary housing units (i.e., Recreational Vehicles (RVs) or Manufactured Housing Units (MHUs)).54 TTHU sites must meet specific requirements that include (1) providing access to available and functional utilities;55 (2) complying with government ordinances; and (3) satisfying federal floodplain management and Environmental Planning and Historic Preservation (EHP) compliance review requirements.56 FEMA’s guidance states that “FEMA selects locations based on the cost-effectiveness, timeliness, and suitability of each potential site.”57
50 On July 28, 2020, FEMA announced the publication of the State-Administered Direct Housing Grant Guide, available at https://www.fema.gov/sites/default/files/2020-07/fema_state-administered-direct-housing-grant-guide_DRRA1211_July2020.pdf, which made state, local, tribal and territory governments eligible to receive grants to provide Direct Housing Assistance for a limited period of time; this pilot grant program concluded on October 5, 2020. The State-Administered Direct Housing Grant Guide states that FEMA will implement a permanent grant program after issuing final regulations. As of December 2021, FEMA has not yet begun the rulemaking process (email correspondence from FEMA Congressional Affairs staff, December 6, 2021).
51 Direct Housing Assistance must be requested in writing by the affected state, territory, or tribal government, and is pursuant to a presidential declaration of emergency or major disaster, which became effective June 1, 2019. As required by Section 1109 of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2), FEMA released these updated factors to establish more objective criteria for evaluating the need for assistance, clarify eligibility requirements, and expedite a presidential declaration determination.
Following a presidential declaration of emergency or major disaster,1 the Federal Emergency Management Agency (FEMA) may provide three primary forms of assistance: Individual Assistance (IA), Public Assistance (PA), and Hazard Mitigation Assistance (HMA). IA, which is the focus of this report, provides aid to affected individuals and households, and can take the form of assistance for housing and for other needs through the Individuals and Households Program, crisis counseling, disaster unemployment assistance, disaster legal services, and disaster case management services, as well as mass care and emergency assistance. PA provides grants to local, state, territorial, and Indian tribal governments, as well as certain private nonprofit organizations, for emergency protective measures, debris removal operations, and repair or replacement of damaged public infrastructure. HMA funds pay for mitigation and resiliency projects and programs to reduce the threat or impacts of future disasters. This report provides brief descriptions of the categories of IA authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.). The information is based on the program guidance that FEMA released in March 2019, to serve as a comprehensive IA program policy resource; the Individual Assistance Program and Policy Guide (IAPPG) applies to emergencies and disasters declared on or after March 1, 2019.2
State, territorial, and Indian tribal governments do not automatically receive IA when a disaster occurs.3 Following an incident,4 the governor or tribal chief executive must request that the President declare an emergency or major disaster and that IA be authorized.5 When drafting a request for a major disaster declaration authorizing IA, the state, territorial, or Indian tribal government must demonstrate that the incident exceeds their capacity to effectively respond without federal assistance.6 FEMA then evaluates the request using a set of factors before providing a recommendation to the President.7 In March 2019, FEMA released the updated factors considered when evaluating a governor's request for IA,8 which became effective June 1, 2019.9 Thus, this report also lists and briefly describes the updated IA factors.10
Various types of FEMA IA may be provided to disaster survivors. The available IA options depend on the type of declaration (i.e., an "emergency"11 or "major disaster"), and the type(s) of IA requested by the governor of the affected state or the tribal chief executive. These requests must be authorized by FEMA (for information on the factors considered when determining whether to authorize IA, see the "IA Factors" section, below).12 FEMA's IA program includes
A brief description of each form of IA is included below.
Mass Care and Emergency Assistance (MC/EA) involves the provision of life-sustaining services to disaster survivors prior to, during, and following an incident through short-term recovery. MC/EA includes seven service "activities": (1) sheltering; (2) feeding; (3) distribution of emergency supplies; (4) support for individuals with disabilities and others with access and functional needs; (5) reunification services for adults and children; (6) support for household pets, service animals, and assistance animals; and (7) mass evacuee support.15
The Crisis Counseling Assistance and Training Program (CCP)17 provides grant funding to eligible local, state, territorial, and Indian tribal governments, as well as nongovernmental organizations.18 CCP supplements efforts to assist individuals and communities with recovering from the effects of a disaster through community-based outreach and the provision of services, such as crisis counseling, psycho-education,19 and coping skills development.20 CCP also provides support by linking the disaster survivor with other resources, such as individuals and agencies that help survivors in the recovery process.21 The program provides short- to intermediate-term assistance to support mental and emotional health needs. Two CCP programs provide assistance for different lengths of time: (1) the Immediate Services Program provides funding for up to 60 days following a major disaster declaration; and (2) the Regular Services Program provides funding for up to nine months from the notice of award.22
Disaster Unemployment Assistance (DUA) provides benefits to individuals who were previously employed or self-employed, were rendered jobless or whose employment was interrupted as a direct result of a major disaster, and are ineligible for regular unemployment insurance.24 DUA may also provide re-employment assistance.25 DUA benefits may continue for up to 26 weeks following the declaration of a major disaster.26
Disaster Legal Services (DLS) are provided free to low-income individuals who require them because of a major disaster. The provision of services is "confined to the securing of benefits under the [Stafford] Act and claims arising out of a major disaster."28 Assistance may include help with insurance claims, drawing up new wills and other legal documents lost in the disaster, help with home repair contracts and contractors, and appeals of FEMA decisions.29 Disaster Legal Services are provided through an agreement with the American Bar Association's Young Lawyers Division.30 Neither the statute nor the regulations establish cost-share requirements or time limitations for DLS.
The Disaster Case Management (DCM) program partners case managers with disaster survivors to develop and implement disaster recovery plans that address their unmet needs.32 The program is time-limited, and shall not exceed 24 months from the date of the major disaster declaration.33
The Individuals and Households Program (IHP) provides financial and/or direct assistance to eligible individuals and households who, as a result of a disaster, have uninsured or under-insured necessary expenses and serious needs that cannot be met through other means or forms of assistance.35 The IHP is the primary way FEMA assists disaster survivors. Although it may meet basic needs, it cannot compensate for all losses. The categories of IHP assistance are Housing Assistance and Other Needs Assistance (ONA) (see Table 1).36 The period of assistance is generally limited to 18 months following the date of the emergency or major disaster declaration.37
|
Housing Assistance: Financial |
Housing Assistance: Direct |
|
|
|
Lodging Expense Reimbursement Rental Assistance Home Repair Assistance Home Replacement Assistance |
Multifamily Lease and Repair Transportable Temporary Housing Units Direct Lease Permanent Housing Construction |
Personal Property Moving and Storage Transportation Assistance Group Flood Insurance Policy |
Funeral Assistance Medical and Dental Assistance Childcare Assistance Assistance for Miscellaneous Items Critical Needs Assistance Clean and Removal Assistance |
Source: FEMA, Individual Assistance Program and Policy Guide (IAPPG), FP 104-009-03, March 2019, p. 7, https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf.
Multiple types of Housing Assistance may be provided to meet disaster survivors' post-disaster housing needs. Housing Assistance includes the subcategories of Financial Housing Assistance and Direct Housing Assistance. The appropriate types of housing assistance depend on various considerations, including, but not limited to, cost-effectiveness; availability; suitability; and access to services.38 The federal cost share for FEMA housing assistance is 100%.39 The following sections provide a brief overview of each type of Housing Assistance organized by subcategory.
Financial Housing Assistance is grant funding provided directly to the individual or household by FEMA.40 Some types of Financial Housing Assistance are subject to a limit on the amount of Financial Housing Assistance an individual or household is eligible to receive.41
Direct Housing Assistance47 is housing provided to the individual or household by FEMA or the state, territorial, or Indian tribal government.48 Direct Housing Assistance is not subject to the limit on the maximum amount of financial assistance an individual or household is eligible to receive. However, FEMA may only provide Direct Housing Assistance when Rental Assistance (a type of Financial Housing Assistance) is not available or is insufficient.49
Other Needs Assistance (ONA) provides a grant of financial assistance for other disaster-related necessary expenses and serious needs, and includes the subcategories of SBA-Dependent ONA and Non-SBA-Dependent ONA. ONA is subject to a limit on the amount of assistance an individual or household is eligible to receive.60 Further, ONA assistance may be somewhat limited because some ONA-eligible items and amounts available to be awarded are predetermined by FEMA and the state, territorial, or Indian tribal government.61 The federal cost share for ONA is 75%, and the non-federal cost share is the remaining 25%.62 The following sections provide an overview of each type of ONA organized by subcategory.
SBA-Dependent ONA
FEMA and the SBA collaborate in determining applicant eligibility for SBA-Dependent ONA.63 To receive SBA-Dependent types of ONA, applicants must first apply for an SBA disaster loan.64 SBA-Dependent ONA is only available to individuals or households who do not qualify for an SBA disaster loan or whose SBA disaster loan amount is insufficient.65
Non-SBA-Dependent ONA
Non-SBA-Dependent types of ONA may be awarded regardless of the individual or household's SBA disaster loan status.70
State, territorial, and Indian tribal governments do not automatically receive Individual Assistance (IA) when an incident77 occurs. The governor or tribal chief executive must request that the President declare an emergency or major disaster and that IA be authorized.78 This is because federal assistance is intended to supplement—not supplant—local, state, territorial, or Indian tribal government response and recovery efforts.79 In making such a request, the governor or tribal chief executive is claiming and must demonstrate that they are unable to effectively respond to the incident without federal assistance.80
The governor or tribal chief executive's request for a presidential declaration of emergency or major disaster must include information about the actions and resources that have been or will be committed, and an estimate of the amount and severity of the disaster-caused damages, in addition to other required information.81 Specific factors are considered by FEMA when evaluating the need for supplemental federal assistance to individuals (i.e., IA) pursuant to a request for a major disaster declaration.82 FEMA provides a recommendation to the President, and the decision to grant a declaration request is at the President's discretion.83 The authority to designate assistance types to be made available is delegated to the FEMA Assistant Administrator for the Disaster Assistance Directorate.84
On March 21, 2019, as required by Section 1109 of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2), FEMA issued a final rule revising the factors considered when evaluating a governor's request for IA.85 The factors were revised to establish more objective criteria for evaluating the need for assistance, clarify eligibility requirements, and expedite a presidential declaration determination. These factors became effective June 1, 2019. In addition to the revised factors, FEMA also produced guidance for use by state, territorial, and Indian tribal governments when drafting requests for major disaster declarations authorizing IA.86 In addition to determining IA eligibility, the factors are also used to identify the types of IA that will be made available to the requesting state/territory/Indian tribal government.87
The factors considered when evaluating a governor's request for a major disaster declaration authorizing Individual Assistance are intended to assess the "severity, magnitude, and impact of a disaster, as well as the capabilities of the affected jurisdictions."88 "FEMA will always consider all relevant information submitted as part of a declaration request."89 As was the case prior to the adoption of the revised IA factors, major disaster declarations are made at the President's discretion and the IA factors do not limit presidential discretion.90 Brief descriptions of the factors are as follows:
Disaster Related Unemployment identifies the number of individuals who may have lost work or become unemployed as a result of the disaster and who do not qualify for standard unemployment insurance.110
Author Contact Information
| 1. |
For more information on the declaration process, see CRS Report R43784, FEMA's Disaster Declaration Process: A Primer, by Bruce R. Lindsay. |
| 2. |
Previously, the Individuals and Households Program Unified Guidance (IHPUG) served as the policy guide for the Individuals and Households Program (IHP). It applies to disasters declared on or after September 30, 2016 through February 28, 2019. Federal Emergency Management Agency (FEMA), Individuals and Households Program Unified Guidance (IHPUG), FP 104-009-03, September 2016, https://www.fema.gov/media-library-data/1483567080828-1201b6eebf9fbbd7c8a070fddb308971/FEMAIHPUG_CoverEdit_December2016.pdf. |
| 3. |
44 C.F.R. §§206.35, 206.36, 206.40(a); FEMA, "The Disaster Declaration Process," last updated January 8, 2018, https://www.fema.gov/disaster-declaration-process (hereinafter FEMA, "The Disaster Declaration Process"). As with IA, PA must also be requested by the governor or tribal chief executive. The Hazard Mitigation Grant Program (HMGP), which supports local, state, territorial, and Indian tribal governments, as well as certain private nonprofit organizations' long-term hazard mitigation planning and projects to reduce risk to life and property, is authorized without consideration of additional factors when it is requested following a major disaster declaration. For more information, see Federal Emergency Management Agency (FEMA), Hazard Mitigation Assistance Guidance: Hazard Mitigation Grant Program, Pre-Disaster Mitigation Program, and Flood Mitigation Assistance Program, February 27, 2015, pp. 25-26, https://www.fema.gov/media-library-data/1424983165449-38f5dfc69c0bd4ea8a161e8bb7b79553/HMA_Guidance_022715_508.pdf. |
| 4. |
44 C.F.R. §206.32(e) defines an incident as "[a]ny condition which meets the definition of major disaster or emergency as set forth in §206.2 which causes damage or hardship that may result in a Presidential declaration of a major disaster or an emergency." |
| 5. |
44 C.F.R. §§206.35, 206.36, 206.40(a); FEMA, "The Disaster Declaration Process;" FEMA, "FAQs: Current Process for Tribal Governments to Request a Presidential Declaration," last updated May 24, 2019, https://www.fema.gov/frequently-asked-questions-current-process-tribal-governments-request-presidential-declaration (hereinafter FEMA, "FAQs: Process for Tribal Governments to Request a Declaration"). |
| 6. |
44 C.F.R. §§206.35 and 206.36. |
| 7. |
44 C.F.R. §206.48(b). |
| 8. |
44 C.F.R. §206.48(b). |
| 9. |
FEMA, "Factors Considered When Evaluating a Governor's Request for Individual Assistance for a Major Disaster," 84 Federal Register 10632-10664, March 21, 2019, https://www.govinfo.gov/content/pkg/FR-2019-03-21/pdf/2019-05388.pdf (hereinafter FEMA, "Factors Considered When Evaluating a Request for IA"). |
| 10. |
This report does not address the factors considered for Public Assistance (PA). For more information on the PA factors considered when evaluating a governor's request for a major disaster declaration, see 44 C.F.R. §206.48(a) and CRS Report R43784, FEMA's Disaster Declaration Process: A Primer, by Bruce R. Lindsay. |
| 11. |
The Individuals and Households Program (IHP) is the only form of Individual Assistance (IA) that may be authorized under an emergency declaration; however, all forms of IA may be available following a declaration of major disaster (FEMA, "The Disaster Declaration Process"). As of the writing of this report, the Texas Explosion (EM-3363), which received a presidential declaration of emergency on April 19, 2013, "is the only instance since IHP was implemented" for which IA-IHP was authorized (email correspondence from FEMA Congressional Affairs staff, November 19, 2019; FEMA, "Texas Explosion (EM-3363)," last updated October 28, 2015, https://www.fema.gov/disaster/3363; FEMA, "Amendment No. 1 to Notice of an Emergency Declaration," May 1, 2013, https://www.fema.gov/disaster/3363/notices/amendment-no-1-notice-emergency-declaration). |
| 12. |
For additional information on the FEMA IA programs, see the FEMA, Individual Assistance Program and Policy Guide (IAPPG), FP 104-009-03, March 2019, https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf (hereinafter FEMA, IAPPG); and CRS Report RL31734, Federal Disaster Assistance Response and Recovery Programs: Brief Summaries, by Maria Kreiser, Maura Mullins, and Jared C. Nagel. |
| 13. |
The IHP provides assistance to meet the housing and other needs of disaster survivors, and is the IA program that is often the subject of the most congressional interest. |
| 14. |
FEMA, IAPPG, pp. 15-42. The IAPPG chapter on Mass Care and Emergency Assistance (MC/EA) includes an overview of the program, as well as descriptions of assistance, including support related to (1) sheltering; (2) feeding; (3) the distribution of emergency supplies; (4) individuals with disabilities and others with access and functional needs; (5) reunification; (6) pets, service, and assistance animals; (7) mass evacuees; (8) the PA-funded work under Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.), including the Transitional Sheltering Assistance (TSA) and Operation Blue Roof programs; and (9) the National Mass Care Exercise. |
| 15. |
FEMA, IAPPG, p. 6. |
| 16. |
FEMA, IAPPG, pp. 190-217. The IAPPG chapter on the Crisis Counseling Assistance and Training Program (CCP) includes a general program overview, as well as overviews of the Immediate Services and Regular Services Programs, and considerations for implementation. |
| 17. |
42 U.S.C. §5183; 44 C.F.R. §206.171. |
| 18. |
Nongovernmental organizations in this CCP context are private mental health organizations that the governor has designated to receive funds. |
| 19. |
42 U.S.C. §5183; 44 C.F.R. §206.171. Psycho-educational service consists of therapeutic treatment for disaster survivors that provides information and support to help them better understand and cope with their situation (FEMA, IAPPG, p. 8). The FEMA IAPPG describes the available CCP-funded services (see FEMA, IAPPG, pp. 192-193). |
| 20. |
FEMA, IAPPG, p. 8. |
| 21. |
FEMA, IAPPG, p. 8. |
| 22. |
FEMA, IAPPG, p. 8; FEMA, "Crisis Counseling Assistance & Training Program Fact Sheet," April 2019, https://www.fema.gov/media-library-data/1566920200647-b478e3a3650f2cc1224b13818cd7eada/FACTSHEET_CrisisCounselingProgram.pdf. |
| 23. |
FEMA, IAPPG, pp. 222-225. The IAPPG chapter on Disaster Unemployment Assistance (DUA) includes an overview of the program and requirements to participate, as well as the delivery of DUA services, which the U.S. Department of Labor oversees and coordinates with FEMA. |
| 24. |
42 U.S.C. §5177; 44 C.F.R. §206.141; FEMA, IAPPG, pp. 8-9, and 222. |
| 25. |
FEMA, IAPPG, pp. 8, 222. |
| 26. |
42 U.S.C. §5177; FEMA, IAPPG, p. 222; FEMA, "Disaster Unemployment Assistance Fact Sheet," May 2018, https://www.fema.gov/media-library-data/1528984254955-49515ab3f8eeca0627f777a8abe4347a/DisasterUnemploymentAssistance.pdf. For more information on DUA, see CRS Report RS22022, Disaster Unemployment Assistance (DUA), by Julie M. Whittaker. |
| 27. |
FEMA, IAPPG, pp. 218-220. The IAPPG chapter on Disaster Legal Services (DLS) includes an overview of the program and requirements to participate, as well as the delivery of DLS services. |
| 28. |
42 U.S.C. §5182; 44 C.F.R. §206.164(e). |
| 29. |
42 U.S.C. §5182; 44 C.F.R. §206.164; FEMA, IAPPG, p. 8; FEMA, "Disaster Legal Services Fact Sheet," April 2019, https://www.fema.gov/media-library-data/1565183972050-1b178d085b84dd8949d4f8a1bdf8b2f2/FACTSHEET_DisasterLegalServicesFINAL2019Compliant.pdf. |
| 30. |
FEMA, IAPPG, p. 8. |
| 31. |
FEMA, IAPPG, pp. 172-189. The IAPPG chapter on Disaster Case Management (DCM) includes an overview of the program and process for providing services to disaster survivors, as well as the Immediate DCM Program and DCM Program. It also describes the application process and requirements related to managing a DCM award. |
| 32. |
42 U.S.C. §5189d. Disaster recovery plans include "resources, decision-making priorities, providing guidance, and tools to assist disaster survivor" (FEMA, IAPPG, p. 7). |
| 33. |
FEMA, IAPPG, p. 177; see also FEMA, "Disaster Case Management Toolbox," last updated September 6, 2019, https://www.fema.gov/media-library/assets/documents/101292. |
| 34. |
FEMA, IAPPG, pp. 43-170. The IAPPG chapter on the Individuals and Households Program (IHP) includes a program overview, eligibility and documentation requirements, and application and program delivery information. It also includes sections describing the categories, subcategories, and types of IHP assistance, as well as eligibility and documentation requirements, and limitations and exclusions for each type of IHP assistance. |
| 35. |
42 U.S.C. §5174; 44 C.F.R. §206.110(a); FEMA, IAPPG, p. 6; FEMA, "Individuals and Households Program Fact Sheet," July 2019, https://www.fema.gov/media-library-data/1571949706314-838a916aad698391afe34b45ac13100a/1_FACTSHEET_Individuals_and_Households_Program.pdf. |
| 36. |
IHP Housing Assistance can provide either financial or direct assistance; all types of ONA are financial assistance. |
| 37. |
FEMA, IAPPG, p. 6. |
| 38. |
44 C.F.R. §206.110(c). |
| 39. |
42 U.S.C. §5174(g)(1); 44 C.F.R. §206.110(i)(1); FEMA, IAPPG, p. 4. |
| 40. |
FEMA, IAPPG, p. 7. |
| 41. |
Assistance for housing-related needs may not exceed $35,500 (FY2020; adjusted annually). FEMA, "Notice of Maximum Amount of Assistance Under the Individuals and Households Program," 84 Federal Register 55324, October 16, 2019, https://www.govinfo.gov/content/pkg/FR-2019-10-16/pdf/2019-22471.pdf (hereinafter FEMA, "Notice of Maximum Amount of Assistance"). It is adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor (42 U.S.C. §5174(h)(3)). |
| 42. |
FEMA, IAPPG, pp. 78-79. |
| 43. |
FEMA, IAPPG, pp. 80-86. Rental Assistance includes monthly rent, essential utilities, and a security deposit. |
| 44. |
See FEMA, IAPPG, pp. 86-87 for a non-exclusive list of real property components that are eligible for repair. |
| 45. |
FEMA, IAPPG, pp. 86-90. |
| 46. |
FEMA, IAPPG, pp. 91-92. Home Replacement Assistance may be applied toward the purchase of a new permanent residence that exceeds the maximum award. |
| 47. |
When providing Direct Housing Assistance, "FEMA expects the state, territorial, or tribal government to establish and lead a Disaster Housing Task Force (DHTF)" comprised of government, private, and nonprofit partners to determine the scope of housing needs, and identify housing solutions and deliver programs. FEMA, IAPPG, pp. 93-94. |
| 48. |
DRRA Section 1211(a) amended Stafford Act Section 408(f)—Federal Assistance to Individuals and Households, State Role—to expand the types of FEMA IHP assistance that a state, territorial, or Indian tribal government may request to administer to include Direct Temporary Housing Assistance and Permanent Housing Construction, in addition to Other Needs Assistance. FEMA stated that it is developing a State-Administered Direct Housing Grant Guide that will serve as interim guidance and will provide the guidance that enables implementation of the pilot program, which will end after two years and will then require a rulemaking. As of the date of publication of this report, FEMA stated that the interim guidance had been transmitted to the Department of Homeland Security for clearance (email correspondence from FEMA Congressional Affairs staff, November 19, 2019). The guidance may be published in mid-December 2019, according to FEMA (email correspondence from FEMA Congressional Affairs staff, December 3, 2019). |
| 49. |
|
| 50. | p. 94.
52 FEMA, IAPPG, |
| 51. |
|
| 52. |
Site types may include (1) private sites that are provided at no cost to FEMA by the applicant (usually on the applicant's property); (2) commercial sites that allow FEMA to lease available pads in an existing manufactured home park; and (3) group sites, such as publicly-owned park land provided by the state or local government. Group sites are only considered when there are no other Direct Temporary Housing Assistance options that can meet the housing need (see the IAPPG for conditions that must be met for a group site to be approved). FEMA, IAPPG, pp. 112, and 114-119. |
| 53. |
Necessary utilities include available and functional sanitation, electrical service, and potable water service. FEMA, IAPPG, p. 114. |
| 54. |
FEMA, IAPPG, pp. 112-124. |
| 55. |
|
| 56. |
FEMA, IAPPG, pp. 124-126. |
| 57. |
Permanent Housing Construction (PHC) technically allows FEMA to provide financial or direct assistance (although it is grouped with Direct Housing Assistance). FEMA, IAPPG, p. 127. |
| 58. | Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the U.S. Virgin Islands are |
| 59. |
|
| 60. |
|
| 61. |
|
| 62. |
42 U.S.C. §5174(g)(2); 44 C.F.R. §206.110(i)(2); FEMA, IAPPG, p. 135. |
| 63. |
|
| 64. |
|
| 65. |
For more information on the process of determining whether an applicant may qualify for an SBA disaster loan and how FEMA ONA assistance and SBA disaster loans intersect, see CRS Report R45238, FEMA and SBA Disaster Assistance for Individuals and Households: Application Processes, Determinations, and Appeals, by Bruce R. Lindsay and Elizabeth M. Webster. |
| 66. |
|
| 67. |
|
| 68. |
FEMA, IAPPG, pp. 158-159. Items may be relocated to a temporary housing unit if they will be returned to the primary residence following the completion of repair work. Essential personal property items eligible for Moving and Storage Assistance include appliances and furniture, but not recreational items. |
| 69. |
44 C.F.R. §§206.119(c)(6)(i) and (d)(2); FEMA, IAPPG, pp. 159-163. |
| 70. |
FEMA, IAPPG, p. 137. |
| 71. |
|
| 72. | the cost of producing and certifying death certificates.
77 FEMA, IAPPG, pp. |
| 73. |
FEMA, IAPPG, pp. 143-148. Examples of childcare expenses include registration and service fees. A child with a disability means as defined by federal law and who needs assistance with activities of daily living. |
| 74. |
|
| 75. |
FEMA, IAPPG, pp. 150-151. FEMA's IAPPG provides a nonexclusive list of life-saving and life-sustaining items including "water, food, first aid, prescriptions, infant formula, diapers, consumable medical supplies, DME [durable medical equipment], personal hygiene items, and fuel for transportation." |
| 76. |
FEMA, IAPPG, pp. 151-152. Clean and Removal Assistance is "limited to a fixed amount calculated based on the average cost of cleaning, sanitizing, and removing carpet in the geographic area." |
| 77. |
44 C.F.R. §206.32(e) defines an incident as "[a]ny condition which meets the definition of major disaster or emergency as set forth in §206.2 which causes damage or hardship that may result in a Presidential declaration of a major disaster or an emergency." |
| 78. |
44 C.F.R. §§206.35, 206.36, 206.40(a); FEMA, "The Disaster Declaration Process;" FEMA, "FAQs: Process for Tribal Governments to Request a Declaration." For more information about the disaster declaration process, see CRS Report R43784, FEMA's Disaster Declaration Process: A Primer, by Bruce R. Lindsay. Presidential declarations of emergency and major disaster include the areas designated as being eligible for federal assistance, as well as the types of assistance the designated areas are eligible to receive (44 C.F.R. §206.2(a)(6)). Additional designated areas and available assistance are published in the Federal Register and listed on FEMA's "Disasters" website (FEMA, "Disasters," https://www.fema.gov/disasters). A designated area is "[a]ny emergency or major disaster-affected portion of a State which has been determined eligible for Federal assistance." (44 C.F.R. §206.2(a)(6); FEMA, IAPPG, p. 5). |
| 79. |
|
| 80. |
44 C.F.R. §§206.35 and 206.36. |
| 81. | For a list and description of information requirements to accompany a governor or |
| 82. |
44 C.F.R. §206.48(b). |
| 83. |
44 C.F.R. §206.38. |
| 84. |
44 C.F.R. §206.40(a). For more information about the disaster declaration process, see CRS Report R43784, FEMA's Disaster Declaration Process: A Primer, by Bruce R. Lindsay; see also FEMA, "The Disaster Declaration Process," https://www.fema.gov/disaster-declaration-process. |
| 85. |
|
| 86. | FEMA, Individual Assistance Declarations Factors Guidance, June 2019, |
| 87. |
|
| 88. |
FEMA, "Factors Considered When Evaluating a Request for IA," 84 Federal Register 10632; see also FEMA, "Factors Considered When Evaluating a Governor's Request for Individual Assistance for a Major Disaster; Correction," 84 Federal Register 25685, June 4, 2019, https://www.govinfo.gov/content/pkg/FR-2019-06-04/pdf/2019-11656.pdf; and 44 C.F.R. §206.48(b). |
| 89. |
44 C.F.R. §206.48(b). |
| 90. |
FEMA, "Factors Considered," 84 Federal Register 10633; FEMA, IA Declarations Factors Guidance, p. 3. The FEMA Assistant Administrator for the Disaster Assistance Directorate has been delegated the authority to determine and designate the types of assistance to be made available (44 C.F.R. §206.40(a)). |
| 91. |
44 C.F.R. §206.48(b). For a state/territorial/Indian tribal government to receive a presidential declaration of emergency or disaster, the governor or tribal chief executive must demonstrate that the incident is of such severity and magnitude that effective response is beyond their capability without supplemental federal assistance (44 C.F.R. §206.35(b)(1)-(2) and 44 C.F.R. §206.36(b)(1)-(2)). |
| 92. |
Total taxable resources (TTR) is calculated annually by the U.S. Department of Treasury (Treasury) (ADAMHA [Alcohol, Drug Abuse, and Mental Health Administration] Reorganization Act, P.L. 102-321), and represents the "unduplicated sum of the income flows produced within a State and the income flows, received by its residents, which a State could potentially tax" (FEMA, IA Declarations Factors Guidance, p. 7). An increase in TTR may indicate a strengthening state economy and a decrease may indicate a declining economy, or a lower TTR may indicate a state economy that is less resilient to the financial burdens associated with disasters and a higher TTR may indicate higher resilience (FEMA, IA Declarations Factors Guidance, pp. 7-8). TTR data organized by state is available from the Treasury (Treasury, "Total Taxable Resources, Estimates," last accessed November 19, 2019, https://home.treasury.gov/policy-issues/economic-policy/total-taxable-resources). TTR is also used to allocate federal funds for the Community Mental Health Service and Substance Abuse Prevention and Treatment block grant programs, which are administered by the U.S. Department of Health & Human Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA) (SAMHSA, "Community Mental Health Services Block Grant," last updated September 15, 2017, https://www.samhsa.gov/grants/block-grants/mhbg; SAMHSA, "Substance Abuse Prevention and Treatment Block Grant," last updated September 15, 2017, https://www.samhsa.gov/grants/block-grants/sabg). For an overview of TTR, including how it is estimated and the limitations of using TTR as a measurement of fiscal capacity, see Treasury, Office of Economic Policy, Treasury Methodology for Estimating Total Taxable Resources (TTR), December 2002, https://www.treasury.gov/resource-center/economic-policy/Documents/nmpubsum.pdf (FEMA's IA Declarations Factors Guidance refers users to this document). |
| 93. |
FEMA, IA Declarations Factors Guidance, p. 8. TTR is provided for the fifty states and the District of Columbia. |
| 94. |
State gross domestic product (GDP) measures the "sum of the distributions by industry and state of the components of gross domestic income which is the sum of the costs incurred and incomes earned in the production of GDP" (FEMA, IA Declarations Factors Guidance, p. 8). State GDP data is calculated by the Bureau of Economic Analysis (BEA) for the states and territories, with the exception of Puerto Rico, the data for which is published by the U.S. Census Bureau (FEMA, IA Declarations Factors Guidance, p. 8; see also BEA, "Regional Economic Accounts," last updated April 9, 2019, https://www.bea.gov/data/economic-accounts/regional (hereinafter BEA, "Regional Economic Accounts")). For an overview of State GDP, including how it is estimated, see U.S. Department of Commerce, Bureau of Economic Analysis, Gross Domestic Product by State Estimation Methodology, 2017, last accessed November 19, 2019, https://www.bea.gov/sites/default/files/methodologies/0417_GDP_by_State_Methodology.pdf. |
| 95. |
Local area per capita income is the "personal income of the residents of a given area divided by the resident population of the area" (FEMA, IA Declarations Factors Guidance, p. 8). "Local governments in areas with low per capita personal income will typically have smaller tax bases and therefore may have fewer resources available to help local residents impacted by a disaster, which may indicate a lower threshold for requiring supplemental Federal assistance" (FEMA, IA Declarations Factors Guidance, p. 8). Data is collected from the BEA (BEA, "Regional Economic Accounts"). |
| 96. |
FEMA, IA Declarations Factors Guidance, p. 8. Examples of other factors that may be considered include examples of state obligations or circumstances affecting a state's ability to collect funds, such as the economic climate (e.g., a recent recession) or recent disasters that affected the state. |
| 97. |
FEMA, IA Declarations Factors Guidance, p. 8. |
| 98. |
FEMA, IA Declarations Factors Guidance, p. 8. Disasters occurring during a state's budget cycle are considered. |
| 99. |
FEMA, IA Declarations Factors Guidance, p. 9. For more information on the Preliminary Damage Assessment (PDA) process, see CRS Report R44977, Preliminary Damage Assessments for Major Disasters: Overview, Analysis, and Policy Observations, by Bruce R. Lindsay. FEMA does not publish all Preliminary Damage Assessment (PDA) information to its website; however, FEMA posts PDA Reports to its website. These PDA Reports include brief information about the incident, the types of Stafford Act assistance requested, a summary of the damage assessment information, and the President's decision to declare a major disaster or deny the request (FEMA, "Preliminary Damage Assessment Reports," last updated November 4, 2019, https://www.fema.gov/preliminary-damage-assessment-reports. |
| 100. |
FEMA, IA Declarations Factors Guidance, p. 9. |
| 101. |
FEMA, IA Declarations Factors Guidance, p. 10. |
| 102. |
FEMA, IA Declarations Factors Guidance, p. 9. Even if the concentration of damage is limited, significant damage to a small geographic area may indicate a need for supplemental federal assistance. |
| 103. |
FEMA uses the following categories for degree of damage to homes: destroyed, major damage, minor damage, and affected. FEMA, Damage Assessment Operations Manual: A Guide to Assessing Damage and Impact, April 5, 2016, pp. 113-114, https://www.fema.gov/media-library-data/1459972926996-a31eb90a2741e86699ef34ce2069663a/PDAManualFinal6.pdf; FEMA, IA Declarations Factors Guidance, p. 9. |
| 104. |
FEMA, IA Declarations Factors Guidance, p. 9. |
| 105. |
FEMA, IA Declarations Factors Guidance, p. 10. |
| 106. |
FEMA, IA Declarations Factors Guidance, p. 10. |
| 107. |
FEMA, IA Declarations Factors Guidance, pp. 10-11. Data considered includes the percentage of the population: (1) in poverty status; (2) receiving government assistance; (3) 65 years or older; (4) 18 years or younger; (5) who are individuals with disabilities; (6) who speak a language other than English and speak English less than "very well;" as well as (7) the pre-disaster unemployment rate. FEMA also considers "any unique considerations regarding American Indian and Alaskan Native Tribal populations" (FEMA, IA Declarations Factors Guidance, p. 10). Data sources include Census data and information from the Bureau of Labor and Statistics (i.e., for unemployment information). This information may also be used to help direct outreach efforts (e.g., FEMA may need to provide information in multiple languages based on the languages commonly spoken in an affected jurisdiction). |
| 108. |
FEMA, IA Declarations Factors Guidance, pp. 11-12. |
| 109. |
FEMA, IA Declarations Factors Guidance, p. 12. For example, the number and type of casualties may indicate a need for the CCP or Non-SBA-Dependent ONA—Funeral Assistance. |
| 110. |
To be eligible for DUA, an individual must: (1) have been previously employed or self-employed; (2) rendered jobless or had their employment interrupted as a direct result of a major disaster; and (3) be ineligible for regular unemployment insurance (44 C.F.R. §206.141; 42 U.S.C. §5177; FEMA, IAPPG, pp. 8-9, 222). FEMA also considers impacts to major employers in the affected jurisdiction (FEMA, IA Declarations Factors Guidance, pp. 12-13). |